No bar on granting anticipatory bail for offences under 2019 law on triple talaq: SC

Agencies
January 2, 2021

New Delhi, Jan 2: The Supreme Court has said there is no bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019, which makes the practice of instant divorce through "triple talaq" among Muslims a punishable offence, provided the court hears the complainant woman before granting pre-arrest bail.

The apex court noted that under the provisions of the Act, a Muslim husband who pronounces "triple talaq" upon his wife can be sentenced to a jail term that may extend to three years.

The top court said the prohibition in the 2019 law is evidently one "which operates in relation to a Muslim husband alone".

A bench headed by Justice D Y Chandrachud referred to the relevant sections of the Act and also the provision of the Code of Criminal Procedure (CrPC), which relates to directions for the grant of bail to a person apprehending arrest.

"For the above reasons, we have come to the conclusion that on a true and harmonious construction of section 438 of the CrPC and section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under the Act, provided that the competent court must hear the married Muslim woman, who has made the complaint, before granting the anticipatory bail," the bench, also comprising justices Indu Malhotra and Indira Banerjee, said.

"It would be at the discretion of the court to grant ad-interim relief to the accused during the pendency of the anticipatory bail application, having issued notice to the married Muslim woman," it added.

The top court passed the verdict while granting anticipatory bail to a woman accused of harassing her daughter-in-law, who got an FIR lodged in August last year, alleging that her spouse had pronounced "triple talaq" on her at their house.

The bench was hearing an appeal filed against a Kerala High Court order, which had declined to grant anticipatory bail to the woman.

Referring to the provisions of the 2019 Act, the apex court said, "The prohibition in sections 3 and 4 is evidently one which operates in relation to a Muslim husband alone. This is supported by the Statement of Objects and Reasons accompanying the Muslim Women (Protection of Rights on Marriage) Bill 2019, when it was introduced in Parliament."

The court noted that under section 3 of the Act, the pronouncement of "triple talaq" by a Muslim husband upon his wife has been rendered void and illegal while section 4 deals with the punishment for the same.

"Thus, on a preliminary analysis, it is clear that the appellant, as the mother-in-law of the second respondent (complainant woman), cannot be accused of the offence of pronouncement of triple talaq under the Act as the offence can only be committed by a Muslim man," the bench said.

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News Network
October 22,2024

Several Central Reserve Police Force (CRPF) schools across India were hit with hoax bomb threats on Tuesday, just days after an explosion occurred near a CRPF school in Delhi. The threats, sent via email late Monday night, targeted schools in Delhi and Hyderabad, according to sources.

Earlier this week, a bomb exploded outside a CRPF school in Delhi’s Rohini area, causing significant damage to nearby vehicles and property. Fortunately, no casualties or injuries were reported.

In response to the blast, Delhi Police confiscated CCTV footage from nearby markets as part of their investigation. Sources indicate that surveillance footage captured a suspect at the scene, wearing a white T-shirt, displaying suspicious behavior the night before the explosion.

Preliminary investigations revealed that the explosive device had been hidden in a polythene bag, buried in a shallow pit, and covered with garbage. The blast caused a hole in the school's boundary wall and shattered the window panes and signboards of nearby shops.

Following the incident, the Delhi Police registered a First Information Report (FIR) under Section 4 of the Prevention of Damage to Public Property Act, Section 3 of the Indian Explosives Act, and other relevant sections.

The FIR states, "A case of an explosion caused by an unknown explosive substance has been registered, and the investigation continues." It also details the damage, noting that the blast left a hole in the boundary wall and affected nearby structures.

The targeted schools serve children from CRPF and other paramilitary families, and the recent threats have heightened concerns. In response, Delhi authorities have placed the city on high alert, ramping up security measures, especially in markets, ahead of the Diwali festival. 

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News Network
October 16,2024

New Delhi: After the MUDA chairman stepped down from his post on Wednesday, the BJP demanded that Karnataka Chief Minister Siddaramaiah also resign immediately as he is "deeply embroiled" in the land "scam".

Mysuru Urban Development Authority (MUDA) chairman K Marigowda resigned from his post amid the row over alleged irregularities in allotment of sites to Siddaramaiah's wife Parvathi B M.

"MUDA chairman has tendered his resignation... I call upon Siddaramaiah that if you have the slightest morality left in you, you should step down immediately. You should not wait for today's sunset," BJP national spokesperson and MP Sambit Patra said at a press conference here.

He said Marigowda's resignation and Siddaramaiah's wife "offering" to return the MUDA sites allocated to her make it clear that the chief minister is "deeply involved in the scam from head to toe".

"There is no doubt about it," Patra said.

Earlier in the day, Marigowda submitted his resignation to the Urban Development Department secretary.

"I have resigned following directions from the CM. Also, as I had health issues, I have resigned... there was no pressure on me, as I had health issues I have resigned," Marigowda told reporters in Bengaluru.

Responding to a question, he said, "The investigation is on, and it will continue...it will be known from the probe whether there were any irregularities." Siddaramaiah is facing probes by the Lokayukta and the Enforcement Directorate into alleged irregularities in the allotment of 14 sites to his wife by the MUDA.

The chief minister has denied any wrongdoing and rejected the opposition's calls for his resignation.

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News Network
October 16,2024

flight.jpg

A Bengaluru-bound Akasa Air flight and Delhi-bound IndiGo flight received bomb threats on Wednesday, taking the number of such threats to 12 in three days.

An Akasa Air spokesperson said the flight QP 1335 had 177 persons, including 3 infants, and seven crew members on board. The flight returned to Delhi.

Meanwhile, IndiGo's 6E 651 Mumbai-Delhi flight was redirected to Ahmedabad. The aircraft was isolated, and all passengers were safely disembarked, an IndiGo Spokesperson said.

Apart from an Air India Delhi-Chicago flight, the Dammam-Lucknow IndiGo flight, Ayodhya-Bengaluru Air India Express, a SpiceJet flight from Darbhanga to Mumbai (SG116), an Akasa Air flight from Bagdogra to Bengaluru (QP 1373) an Alliance Air Amritsar-Dehradun-Delhi flight (9I 650) and an Air India Express flight (IX 684) from Madurai to Singapore received bomb threats on Tuesday.

On Monday, two IndiGo and one Air India flight received hoax threats. These included an Air India flight AI119 from Mumbai to New York's JFK Airport, and IndiGo flight 6E1275 bound for Muscat, and flight 6E56 heading to Jeddah.

A Parliamentary Standing Committee met at 11 am over the issue. This was preceded by a meeting called by Civil Aviation Minister Ram Mohan Naidu with Civil Aviation Ministry and DGCA officials.

According to sources some culprits have been identified and the dark web is also being monitored.

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