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Wednesday, February 29, 2012

SC wants Constitution bench to decide on FIR registration

SC wants Constitution bench to decide on FIR registration

New Delhi, Feb 28 (PTI) The Supreme Court has referred to a Constitution bench to decide a crucial legal question if it is mandatory for a police officer to register an FIR on receipt of a complaint of commission of a cognisable offence or a preliminary probe was required prior to its registration. A three-judge bench of justices Dalveer Bhandari, T S Thakur and Dipak Mishra said the issue needed to be settled by a Constitution bench in view of the fact that that there were "divergent" judgements by the apex court over the years. The bench said while in some cases the apex court had ruled that registration of an FIR was mandatory, in several other cases, it was held that the police officer had the discretion in registering an FIR as he can conduct a preliminary inquiry on the veracity of the complaint. "In view of the divergent opinions in a large number of cases decided by this Court, it has become extremely important to have a clear enunciation of law and adjudication by a larger bench of this court for the benefit of all concerned - the courts, the investigating agencies and the citizens. Consequently, we request the Chief Justice to refer these matters to a Constitution Bench of at least five judges of this Court for an authoritative judgement," said Justice Bhandari, writing the judgement. The apex court made the reference while dealing with a habeas corpus petition filed by the father of a six-year-old girl who was allegedly kidnapped by miscreants in UP's Ghaziabad district on May 5, 2008, but the police allegedly demanded money for registration of an FIR.

Jagdish K Gianchandani

Sunday, February 19, 2012

RTI: Former AMU VC Azis Enjoyed Free Meals Worth Rs 6.5 lakh

Interim Report by CBI and efforts of RTI activists have revealed that corruption tainted and CBI indicted former VC Azis enjoyed free meals worth Rs 6.5 lakhs (approx.) from AMU coffers. During CBI interrogation also Azis had admitted that he was illegally enjoying free meals from AMU funds since joining AMU. Interim Report by CBI has also revealed that Azis also made AMU pay for dry fruits etc. which he used to carry with him to his hometown in Kerala.

Sunday, February 12, 2012

CIC tells PMO to trace Emergency records

NEW DELHI: In a move that is likely to raise eyebrows, the Prime Minister's Office said it has no records of correspondence between then President Fakhruddin Ali Ahmed and then PM Indira Gandhi related to the proclamation of Emergency in 1975. The response was met with mild surprise by the Central Information Commission (CIC) that has asked the PMO to trace the records.....The issue came up after Aligarh-based Paras Nath Singh sought information related to correspondence between the PM and president on the Emergency. In its response, PMO officials said they were not able to locate records despite an "elaborate search".