Union Government moots setting up of dedicated investigative unit on crimes against women

If a new proposal mooted by the Union Home Ministry’s fructifies, we may soon have dedicated investigative units set up across the country, to exclusively probe crimes against women such as rape, dowry death and acid attacks, which would also have 1/3^rd representation for women.  

Union Home Minister, Rajnath Singh

The Union Home ministry has recently mooted the idea of setting up of dedicated investigative units on crimes against women (IUCAW) in 20% of the districts in each state, and expressed willingness to bear half of the financial burden for the same. The units, each of which will have 33% representation of women in its staff, shall help augment the investigative machinery of the states as regards heinous crimes against women and encourage women to lodge complaints of offences targeted at the fairer sex.

Union Home minister Mr. Rajnath Singh, in a recent letter to all state chief ministers, mooted the setting up of 150 such IUCAW units in most crime-prone districts, on a pilot basis. These units will entail an annual expenditure of Rs 84 crore, of which Rs 42 crore will be borne by the Centre.

Singh, while emphasizing on the need to strengthen investigation, prosecution and trial of crimes against women, told the chief ministers that the IUCAW units may comprise 15 personnel, of which five may preferably be women. The states will have flexibility to decide whether to create new posts or designate staff from the existing police strength.

As per the home ministry's proposal, each IUCAW will be headed by an additional SP assisted by two DSPs. “Of the total 2,250 personnel required for the 150 IUCAWs, 750 will be women," a ministry release said on Monday.

The objective of the dedicated IUCAWs, as envisioned by the Union Home Ministry, is to investigate cases referred to them; augment the investigative machinery of the states in relation of heinous crimes against women such as rape, dowry death and acid attacks; encourage women to come forward and lodge their complaint; and improve the gender ratio in the state police forces, which was adversely impacting effective implementation of laws relating to women. 

Mr. Rajnath Singh also emphasized that the units would perform additional functions such as proactive policing, intelligence gathering, tacking organized crime, monitoring proper implementation of the legislative provisions, awareness generation and promotion of community participation in checking crimes against women.

Bogus voters in various constituencies in Delhi: Delhi High Court directs Election Commission to file affidavit indicating reason for duplication of Voter ID cards

The Delhi High Court today pulled up the Election Commission over the issue of bogus voters in Delhi, and asked the Commission what action it has taken on the allegation about the presence of a large number of bogus voters in various assembly constituencies of the national capital.

The Court directed the Chief Election Commissioner (CEC) and the Chief Electoral Officer (CEO) of Delhi to file an affidavit "indicating the cause of error".

"We all are interested in knowing it (about duplication of voter ID card), nothing more than this and nothing less. That's all we want," the Court said, adding that if it is happening, then it is a "matter of great concern".

Delhi High Court

The court made the observations and passed the said order directing the Commission to file an affidavit while hearing a writ petition complaining about the presence of a large number of bogus voters in various assembly constituencies of the national capital.

The Court said there are "discrepancies" in the electoral rolls as shown by the petitioner Naresh Kumar who had unsuccessfully contested on a Congress ticket from Mundka constituency in the 2014 Delhi Assembly polls.

The Court also said the allegation that there are many persons in the city who have numerous voter cards in their name but with different addresses needs to be rectified if they are still existing.

Kumar, represented by senior advocate Rakesh Tiku, has sought a direction from the Court to the Election Commission to delete the name of the bogus voters in different constituencies, including Mundka assembly constituency in Delhi which itself has allegedly over 41,000 such forged card-holders.

Meanwhile, the counsel for the CEC, who appeared after the court issued notice on December 31 last year, informed the Court that the final electoral roll list has been published and all the corrections in regard to the present issue has been done.

Counsel for the CEC also submitted that if the petitioner or any other person has any objection, they can give their representation to the Commission.

The Court, after directing the filing of an affidavit by the Commission, then listed the matter for further hearing on January 13.

Ordinance fixing minimum educational qualifications for contesting polls: Apex Court refuses to entertain petitions; asks petitioners to first approach High Court

The Apex Court today refused to entertain petitions challenging the validity of Rajasthan Government ordinance which prescribes minimum educational qualification for contesting elections to the local bodies in the state. 

Supreme Court of India

The Bench headed by Chief Justice H.L. Dattu said that the petitioners should first move the High Court as the High Court is competent to decide the legal questions involved. 

As per the ordinance, in order to contest the Sarpanch elections, the candidate should have passed Class VIII and in scheduled areas secured a Class V pass. For contesting Zilla Parishad and Panchayat Samiti polls a candidate has to pass Class X examinations. 

The elections to the local bodies in Rajasthan are scheduled to be held on January 16^th 2015 and the counting on February 5^th 2015. 

 

Special CBI Court fast-tracks trial of a sensational case of kidnap and murder languishing on its file for 21 years

Picture courtesy: Daily mail

98 year old Amar Kaur has been fighting for justice since 1994. Probably one of the longest criminal trials in the legal history of India, the controversial Saini motor case languishing on file of the Special CBI Court, Delhi for over 21 years has been fast tracked by the Special CBI Court, Delhi, after a petition to that effect was filed by the victim’s brother and the CBI.

“The case shall be taken up on day-to-day basis from January 7 for further cross-examination till conclusion,” ordered Additional Sessions judge Mr. A.K. Mendiratta. 

Earlier, the victim’s mother, Amar Kaur had sent a telegram to the Delhi High Court begging the Court to expedite the trial of the case so that she could die peacefully. Acting on the telegram, the Delhi High Court ordered a day-to-day trial, but it never really materialized, as the proceedings sheet of this case indicate.  

The case pertains to Amar Kaur's son, Vinod Kumar, her son-in-law Ashok Kumar and her driver Mukhtiyar were allegedly murdered by former Punjab DGP Sumedh Singh Saini, by hatching a conspiracy with co-accused Sukhmohinder Singh Sandhu, Paramjit Singh and Balbir Singh Tiwari-all police officials.
  

Mr. Saini was charge sheeted on charges of abduction with intention to murder and criminal conspiracy. The charge sheet alleged that Saini had a personal grudge against some relatives, and had allegedly sought assistance from victim Vinod Kumar and his family members, who were financing Saini Motors, run by his relatives. When Kumar refused to do, Saini furnished a false case of financial misappropriation against them in 1994.

In the year 1994, the case was made over to the CBI for investigation by Punjab and Haryana High Court and in May 2004, the Supreme Court transferred the case from Ambala to Delhi. 

The transfer had been sought by Smt. Amar Kaur citing Saini’s powerful position in his home state and the ability of the accused to influence the evidence.

The trial that began two and half decades ago still continues at a snail’s pace and out of 36 witnesses named in the charge sheet, only two have been examined so far.

With half her body paralysed, besides battling high blood pressure, heart problem and sugar down to serious levels, Amar Kaur had been attending court proceedings on a wheelchair.  Despite her obvious ill-health, Smt. Amar Kaur is hopeful that the murderers of her son will be brought to justice, so that she could die peacefully.