HERO WORSHIP OF MAFIAS AN UNHEALTHY TREND!

The recent killings of mafia don turned parliamentarian Atiq Ahmed and his mafia brother Ashraf Ahmed in Prayagraj by three assailants undoubtedly needs an all-round condemnation primarily for the reason that murders took place when both brothers were in police custody.

Having said that it must also be acknowledged that the Chief Minister Yogi Adityanath acted with a lightningspeed and ordered a judicial probe into the whole incident. The judicial commission headed by a retired Chief Justice of Allahabad High Court has without losing a moment commenced its work. This is sufficient proof of the government ' s impartiality and sensitivity.

However, it is unfortunate that some opposition parties including those with just one or two MPs are indulging in chest-beating over the killings of the innocent citizens. These parties pretty well know that the victims were the most dreaded gangsters and besides their entire families, other dreaded gangsters were also associated with them. While some have died in encounters with police others including the wives of the slained mafia duo are absconding. If they are innocent what prevents them to surrender before police or the court.

By now it has become clear that Atiq was not only a mafia and gun-runnerbut he was also an Al Qaeda operative. With the help of Pakistani intelligence organisations he supplied guns and other ammunition to the Jihadi groups in Jammu and Kashmir. The Al Qaeda has publically accepted Atiq 's association with it and threatened to take revenge.

Amidst such a scenario the responsible opposition parties ought to have stood firmly with the government and condemned in the most unequivocal terms the involvement of Jihadi elements and the Pakistan government. They also ought to have praised the Uttar Pradesh government for having promptly ordered the judicial commission to probe into the ghastly murders. Such an approach would have brought laurels to the opposition parties and the nation.

Instead, the opposition parties suffering from myopic vision have chosen to attack the state government and demand resignation of the Chief Minister. These parties forget that it is due to the dexterity of the present government that the Uttar Pradesh has transformed from being a mafia raj to the state ruled by the law. It is also a fact that despite best legal provisions offences do take place. The Indian Penal Code and other criminal laws are full of different criminal situations, still crimes do take place and the criminals are punished. Hence, the effectiveness of a government of the day should be judged in totality. On this test, the present government deserves a pat on the back.

Lastly, glorification of mafias and international crooks for whatever reasons or constraints by the opposition parties sends a wrong message to the society, particularly the adolescents and youth. Going by the media reports, the three youth who killed Atiq and his brother have told the investigators that they were fully motivated by the name, fame and slush money earned by Atiq and company and that they too wanted to enjoy the same. This was the reason, may be along with other strong reasons, for killing the mafia duo.

If this is true, it is really shocking. The youth of today if they start hero worshipping of gangsters and try to emulate them, then future of our country is certainly doomed. If the threeyouth killed Atiq and his brother due to some other reasons such as, personal animosity or frustration due to years long trial of the case, it is a different thing. The long delay in bringing the criminals to books is also a very important factor for the people talking law in their hands. The time bound trial is the only plausible solution to this problem. Hope, in the monsoon session of parliament when the overhaul of criminal laws is expected, this very important issue will be addressed.

SC ON SECTION 235(2) Cr.PC

The division bench comprising Justice V. Ramasubramanian and Justice Pankaj Mittal of the Supreme Court has held that in appeal when the court reverses the judgement of acquittal by the lower court, the accused must be given an opportunity of being heard on the quantum of punishment.

Allowing the petition in Fedrick Cutinha Vs. State of Karnataka the apex court also observed that appellate court should not generally interfere with the order of the lower court except in the cases where perversity in evidence is apparent. Even in such cases where two views are possible, the view favourable to the accused must be taken.

ARNAB GOSWAMI TO APOLOGIZE

In a case titled Dr Rajendra Kumar Pachouri Vs. Indu Jain and others, the ace television journalist Arnab Goswami has informed the Delhi High Court that like the Economic Times , Bennett Column and company and Raghav Ohri who have tendered unconstitutional apology earlier, he too, will file an affidavit within a week tendering unconditional apology in the case.

The contempt case relates to the year 2016 when Arnab was working as the Managing Editor of the Times Now television channel. The petitioner Dr RK Pachouri was the Chairman, TERI. The court had directed the respondents by its two orders to adhere to the journalistic norms while reporting any matter. For non-compliance of the court orders the present contempt case was filed. The petitioner died in 2020. Another respondent Pranay Roy' s Counsel sought time to seek instructions of his client which has been granted.

PATNA HC TO HEAR RAHUL GANDHI CASE ON APRIL 24

Rahul Gandhi, the ex-MP and Congress leader who has been convicted of two years imprisonment on the charge of defamation by the court of Judicial First Class Magistrate of Surat and whose stay petition has been dismissed by the Sessions Court, took the plea of double jeopardy before the Patna High Court challenging the criminal case filed by the BJP leader Sushil Modi on the same facts. Quoting Article 20 (2) of the Constitution of India and Section 300(1) of the Code of Criminal Procedure which prohibit punishing a person again for the same crime, Rahul ' s counsel has prayed for quashing the complaint in the lower court. The High Court agreed to hear the matter on April 24.

ALLAHABAD HC ON SECTION 138 NI ACT

In a quash petition filed with the case titled, Pawan Garg Vs. State of Uttar Pradesh and another, the Allahabad High Court has categorically stated that in a Sole Proprietary firm where only wife is the owner, the husband cannot be arrayed as an accused.

Allowing the petitionthe court observed that in the eyes of law wife and husband are separate entities. Therefore, under Section 138 of the Negotiable Instruments Act, where wife has signed the cheque as the Sole Proprietor of the firm the husband cannot be made an accused in case of dishonour of the cheque.