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Bombay HC Chief Justice: Despite teething problems, India's new laws will surmount all challenges

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Mumbai, July 1 (IANS) Bombay High Court Chief Justice D.K. Upadhyaya has expressed optimism that despite facing teething problems, the new criminal laws — which came into effect all over India from July 1 — will surmount all challenges and sail through due to a robust judicial system prevalent in the country.

The Bharatiya Nyaya Sanhita (BNS) has taken over from the Indian Penal Code, 1860, while the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Code of Criminal Procedure, 1973, and the Bharatiya Sakshya Adhiniyam (BSA) has come in place of the Indian Evidence Act, 1872.

Speaking at a conference on “India’s Progressive Path in the Administration of the Criminal Justice System” here, organised by the Ministry of Law & Justice, CJ Upadhyaya said that the BNS, BNSS and BSA are a challenge not only to the judiciary but also for the investigating agencies, the public prosecutors, the lawyers and all others.

However, he expressed confidence that given a robust judicial system in the country, all the challenges shall be met despite the teething problems that may be encountered, and “we must welcome them with a changed mindset to emerge out of their comfort zones” to ensure its effective implementation.

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For starters, he said that the nomenclature changed from ‘dand’ (punishment) to ‘nyaya’ (justice) reflects a paradigm shift in thinking about the criminal justice system.

Dwelling on the role of the judiciary in the implementation of the new laws, CJ Upadhyaya said that besides the district judiciary where most of the trials are conducted, a lot of interpretative processes would happen and come up before the higher judiciary for interpretation.

Here, the process for which these laws have been enacted should be the basis of interpretation at the High Court levels when such challenges come before them, said the BHC CJ.

CJ Upadhyaya said that judicial academies across India are training judicial officers, prosecutors, law enforcers and lawyers to ensure a smooth transition to the new laws.

He cited the instance of Maharashtra Judicial Academy which has trained nearly 65 per cent of its judicial officers and some PPs, while the state police is developing an online training module on the new laws.

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Underlining the importance of proper training on the new laws for the police who are the first point of contact with the citizens, CJ Upadhyaya said that if a police officer registers a FIR citing wrong legal provisions, then the FIR itself would be susceptible to challenges.

The BHC CJ said that new laws aim to curb litigation delays and enhance the use of information technology in the criminal justice system.

For instance, the BNSS has introduced measures to expedite justice by prescribed time-limits for procedural actions and mandating forensic science in serious investigations, plus changes like introducing preliminary investigations, Zero FIR, E-FIRs, plus the need for the state machinery to augment its infrastructure.

The BSA will recognise electronic documents, digital records and has provided a clear format of certification, said the BHC CJ.

The BNS has rearranged the offences as per severity, wider gender neutrality, introducing new offences as mob lynching and organised crimes, deleting provisions pertaining to adultery and unnatural offences, and brings in ‘community service’ as a form of punishment which CJ Upadhyaya described as ‘one of the most welcome steps’.

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Union Minister of State for Law & Justice Arjun Ram Meghwal said that the new laws are aimed at providing ‘justice’ in contrast to the colonial legislations which focused on ‘punishment’.

He said that these laws were formed after extensive consultations with stakeholders, law-makers across party lines, common citizens and incorporating the recommendations of the Law Commission of India.

–IANS

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Odisha: Ex-BJP legislator Aditya Madhi dead; CM Majhi expresses grief

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Bhubaneswar, July 4 (IANS) Former Bharatiya Janata Party (BJP) MLA Aditya Madhi passed away on Wednesday following a prolonged illness. Chief Minister Mohan Charan Majhi expressed deep grief over the tragic and untimely death of Madhi.

“Madhi as an MLA had made significant contributions towards the development of Malkangiri. He also played a major role in strengthening the party in Malkangiri district. Madhi will always remain in the memories of the people of Malkangiri as a popular leader,” said CM Majhi in his condolence message.

Madhi, 50, represented the Malkangiri Assembly constituency in the Odisha Assembly from 2019 to 2024.

The BJP leader had earlier faced defeat two times in 2009 and 2014 Assembly polls.

The party had denied a ticket to Madhi in the elections to the state assembly this time.

He was reportedly suffering from some kidney-related ailment and also underwent a kidney transplant two years ago.

Madhi breathed his last on Wednesday while undergoing treatment at the AIIMS, Bhubaneswar here.

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–IANS

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Three absconding masterminds of paper leak cases in Rajasthan arrested

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Jaipur, July 3 (IANS) Rajasthan Police have arrested three main accused in paper leak cases, including a woman government teacher, who were absconding for the past many months.

Those arrested include Om Prakash Dhaka and Sunil Beniwal, who were nabbed from Hyderabad, and Shami Bishnoi, a government teacher.

A police team from Jodhpur arrested Dhaka and Beniwal from Hyderabad and brought them to Jaipur on Wednesday. All three accused have been handed over to the Special Operations Group of the Rajasthan Police.

Dhaka was carrying a reward of Rs 75,000, while Shami Bishnoi and Sunil Beniwal were carrying rewards of Rs 70,000 and Rs 25,000, respectively.

Jodhpur IG Vikas Kumar said that Dhaka and Beniwal were hiding in a flat in Hyderabad from where they were caught, while Bishnoi was nabbed from the Barsana village in Bharatpur district.

The officer also said that the police were chasing the three accused persons for the last two months.

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After they received input about two of the accused hiding at a flat in Hyderabad, police personnel disguised as LPG cylinder delivery boy reached there. As soon as they opened the door, the duo was arrested.

Similarly, Bishnoi was spotted at a few temples in Barsana, from where the police arrested her and brought her to Jaipur.

While Dhaka is one of the main accused in cases of paper leak by a gang led by Jagdish Vishnoi, Shami Bishnoi arranged dummy candidates. She also appeared as dummy candidate herself in many exams.

Beniwal also appeared as a dummy candidate and arranged for the same.

–IANS

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Maharashtra now half-a-trillion dollar economy: Devendra Fadnavis

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Mumbai, July 4 (IANS) Deputy Maharashtra Chief Minister Devendra Fadnavis on Wednesday said that the state’s economy is now worth half-a-trillion dollar, and it is growing “very fast”.

Speaking in the state council, Fadnavis said: “Maharashtra consistently ranked number one in attracting investments during 2014-19 and has again regained the number one position during the MahaYuti rule.”

His statement assumes significance as the Chief Minister Eknath Shinde-led state government has set an ambitious target to become a $1 trillion economy by 2028.

Devendra Fadnavis said that the state has been leading in various fields, especially when the state government has been implementing schemes for the common people in various sectors such as industry, employment, agriculture, youth, and the underprivileged.

Fadnavis denied the Opposition’s claim that the diamond industry has moved to Surat from Mumbai, which is the diamond manufacturing and export hub.

“There is a difference in the functioning of Surat Diamond Bourse and Bharat Diamond Bourse in Mumbai. Surat is a manufacturing hub, while Mumbai is a manufacturing and export hub. Not a single industry has moved to Surat from the hub of Mumbai. India’s gems and jewellery exports, worth $38 billion, come from Mumbai alone, which is 75 per cent of the total exports. Almost 97 per cent of the total exports of polished diamonds take place from Mumbai,” he said.

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Fadnavis said that the government has given revised administrative approvals to 121 irrigation projects, saying that the excess water flowing will be put to use through the river linking project.

He said that the development of the Rs 76,000 crore Vadhavan port recently cleared by the Union Cabinet will boost economic growth.

–IANS

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'Breach of protocol': Bengal Guv seeks disciplinary action against DM, 2 senior cops

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Kolkata, July 3 (IANS) The office of West Bengal Governor C.V. Ananda Bose on Wednesday sent a communique to state secretariat of Nabanna seeking disciplinary action against the District Magistrate and District Superintendent of Police of Darjeeling district, and the Commissioner of the Siliguri City Police on charges of breach of official protocol.

Raj Bhavan sources said the Governor was in Siliguri for quite some time on Tuesday.

As per the protocol, if the Governor makes an official visit to any district, the concerned District Magistrate, DSP, or Police Commissioner should come and meet him.

However, the sources said that despite informing the state secretariat about the Governor’s scheduled visit to Siliguri 24 hours in advance, neither the District Magistrate nor any senior police officer were present when he reached Siliguri and headed to the Circuit House.

The sources also pointed out that despite the Governor spending a few hours at the Circuit House, none of the three senior administrative officials came and met him there.

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From Siliguri, the Governor was supposed to go to Chopra in North Dinajpur district to meet the women who were mercilessly beaten up by a local Trinamool Congress leader running a kangaroo court there.

However, later the Governor cancelled the trip to Chopra and went back to Delhi from Siliguri.

–IANS

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Lonavala tragedy: Maha govt announces aid of Rs 5 lakh aid each for deceased's families

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Mumbai, July 3 (IANS) Deputy Maharashtra Chief Minister Ajit Pawar on Wednesday announced a Rs 5 lakh assistance each from the Chief Minister’s Relief Fund to the families of the deceased in the Lonavala waterfall tragedy.

To prevent such accidents in the future and to dissuade citizens from visiting unfamiliar and risky spots, Ajit Pawar also instructed all district collectors and district police chiefs in the state to take necessary measures, including placing warning boards.

Assembly member Chetan Tupe had raised the issue of providing assistance to the families of the victims and implementing safety measures at dangerous locations.

In his reply, Pawar stated that the accident near the Bushi Dam was unfortunate and funds will be made available through the District Planning Committee to implement measures to prevent such accidents.

With this fund, warning boards will be placed at potentially dangerous spots, fences will be erected, and nets will be installed for safety.

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Information boards will be placed at tourist-frequented places, and safety measures will be implemented, said Pawar.

Five persons including a woman and four minor kids, were washed away in a waterfall and drowned downstream in a reservoir, at the famed hill station of Lonavala in Maharashtra.

–IANS

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