Only Officers With Minimum Service Of 6 Months Left Should Be Considered For DGP Appointment

Clarifying last year's order on police reforms in the Prakash Singh Badal case, the Supreme Court today said that only officers who have a minimum of six months tenure left in service should be considered for the post of Director General of Police (DGP).

Chief Justice Ranjan Gogoi said the recommendation for post of DGP by the Union Public Service Commission (UPSC) and preparation of the panel should be purely on the basis of merit.

The apex court passed the verdict on a modification plea filed by former Uttar Pradesh DGP Prakash Singh. Singh had alleged that the July 3, 2018, directive was being misused by state governments who were ignoring competent senior officers for appointment as DGPs

( Prakash Singh & others  vs Union of India, I.A. 24616/2019)

FORCIBLE KISSING AND HUGGING OF MINOR MAY AMOUNT TO AGGRAVATED SEXUAL ASSAULT

The Sikkim High Court has held that an act of forcibly kissing a girl child of 11 years of age and hugging her may  amount to "aggravated sexual assault" as defined in Section 9(m) of the Protection of Children from Sexual Offences Act, 2012 

Justice Bhaskar Raj Pradhan upheld the Special Court order convicting the accused under Section 9(m) of the POCSO Act, for having forcibly kissed and hugged a girl child of 11 years of age. 

The special court had taken into account narration of facts deposed by the minor victim which was also corroborated by her school mates present at the time of the incident and some just before and after the incident.  The issue considered by the court was whether forcibly kissing the minor victim a girl child of 11 years of age and hugging her amounts to "aggravated sexual assault" as defined in Section 9(m) of the POCSO Act, 2012. Upholding the Special court view, the court observed-

"The crucial question is whether forcibly kissing the minor victim a girl child of 11 years of age and hugging her amounts to “aggravated sexual assault” as defined in Section 9(m) of the POCSO Act, 2012. Whoever commits sexual assault on a child below 12 years is said to have committed aggravated sexual assault. “Sexual assault” is defined in Section 7 of the POCSO Act, 2012. Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. The act of forcibly kissing the minor victim, a child below 12 years of age and hugging her in the back seat of a car in the absence of her guardian by a 27 year old male cannot but be with sexual intent. The act of forcibly kissing and hugging involves physical contact although without penetration. 

Thus it is cogent that the said act amounts to sexual assault. As the sexual assault was committed on a child below 12 years of age it amounts to aggravated sexual assault as defined under Section 9(m) of the POCSO Act, 2012.

Crl. Appeal No.17 of 2018

Raju Prasad v. State of Sikkim

ELECTRONIC VOTING MACHINE WHETHER INFORMATION UNDER RIGHT TO INFORMATION ACT 2005

Answering the above question the CIC  in case of  Razakk vs Haidar held that the EVM is covered within the definition of of information given in section 2 (f) of the RTI Act and can be given.

Supreme Court ordered to circulate the Judgment to DGPs of the State,all the Courts and Chief Secretaries to sensitize the police officers

Today the Supreme Court ordered to circulate the judgment of Shreya Singhal vs Union of India to all the Police Chief of all the States and to sensitize all the police officers on scrapping of  section 66 A of the I T Act and its continuous use by police even after scrapping.

PEOPLES’ UNION FOR CIVIL LIBERTIES Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)
M.A. No. 3220/2018 in W.P. (Crl.) No. 199/2013 IA No.170338/2018- CLARIFICATION/DIRECTION) Date : 15-02-2019

The suggestion is that copies of this Court’s judgment in ‘Shreya Singhal v. Union of India’ [(2015) 5 SCC 1] will be made available by every High Court in this country to all the District Courts. 

This should be done within a period of eight weeks from today. Also, we direct the Union Government to make available copies of this judgment to the Chief Secretaries of all the State Governments and the Union Territories. 

This should be done within a period of eights weeks from today. The Chief Secretaries will, in turn, sensitize the police departments in this country by sending copies of this judgment to the Director General of Police in each State, within a period of eights weeks thereafter.  

Supreme Court decision in Contempt case against CBI Interim Director

The Supreme Court bench headed by CJI Ranjan Gogoi today held CBI Additional Director M Nageswara Rao guilty of contempt of court for transferring the investigating officer heading the probe in Muzaffarpur shelter home case in violation of the orders of the Court. 

The Court sentenced him till the rising of the Court and imposed a fine of Rs. one lakh, after noting that the transfer orders were passed by him despite knowing that the SC had ordered that the investigation team should not be changed.

ACTION AGAINST POLICE OFFICERS USING SECTION 66 A OF THE INFORMATION TECHNOLOGY ACT

Supreme Court issued notice to the Central Government regarding continued use of section 66A of The Information Technology Act even after it is scrapped by the Supreme Court in case of Shreya Singhal vs Union of India in 2015

In the petition submitted by the PUCL it is submitted that the police is still using the scrapped section of I T Act.

The Supreme Court took the matter seriously and asserted that the concerned official will be arrested if the order of Court scrapping the section 66 A of I T  Act, is violated.

SUPREME COURT TRANSFERS BIHAR MUZAFFARPUR SHELTER HOME RAPE CASE

A bench of Supreme Court headed by Chief Justice Ranjan Gogoi, on Thursday ordered the transfer of the Muzaffarpur shelter home sexual assault case from Bihar to a Saket  court in New Delhi and slammed the state government for its management of shelter homes. also directed the POCSO court to complete trial within six month.

 The apex court also rapped the CBI for transferring its officer probing the sexual assault case and said it amounted to a violation of its order. 

The bench asked the CBI to file an affidavit giving an explanation. "Enough is enough. Children cannot be treated like this. You cannot let your officers treat children this way. Spare the children," the top court told the Bihar government. 

It said the court will summon the chief secretary if the state fails to give all information sought by the court.