Cops misusing crime sheet, says HC

They Declared Accused As Rowdies Sans Evidence

Srikkanth.D@timesgroup.com

Madurai:27.09.2018

Observing that there was a general pattern adopted by the state police to retain names of persons in a crime sheet, branding them rowdies without any justifiable reasons, the Madurai bench of the Madras high court has warned Tamil Nadu police that in future, if the court comes across such cases, victims will be granted compensation recovered from the salary of the police official concerned.

“Branding a person a history-sheeter taints the name and image of the person. The entire purpose of maintaining a crime sheet is to ensure public peace. However, it should be balanced with the fundamental rights guaranteed to every citizen,” Justice N Anand Venkatesh said.

The court made the observation while hearing a batch of petitions challenging the retention of names in history sheets and seeking to quash the same.

According to standing orders to police, a history sheet is retained for two years in case of persons convicted of offences. In case of retention after two years, orders of an officer above the rank of deputy superintendent of police or assistant superintendent of police must be taken.

In all the petitions, the court noticed that the petitioners were neither convicted for the offences they have been booked under nor were involved in any offence for several years. Despite this, police had retained their names in the crime sheet without any basis.

The court said that it is also the duty of the police to keep reviewing the history sheet to ensure that the persons who are no longer required to be retained in the list are removed.

The court also noticed the pattern wherein police have registered First Information Reports (FIRs) under Sections 109 (security for good behaviour from suspected persons) and 110 ( security for good behaviour from habitual offenders) of Criminal Procedure Code (CrPC) just to open the history sheet and to justify the continuance of their names in the history sheet.

Thus, mere registration of FIR under these sections is not justified, the court said.

In all the petitions, the court noticed that the petitioners were neither convicted for the offences they have been booked under nor were involved in any offence for several years. Despite this, police had retained their names

New secretariat case shifted to DVAC
To Look Into Previous DMK Govt’s Role

Julie.Mariappan@timesgroup.com

Chennai:27.09.2018

The state government has transferred to the Directorate of Vigilance and Anti-Corruption (DVAC) the files of Justice R Raghupathy commission, set up to inquire into the alleged irregularities by the previous DMK government in the construction of the new secretariat-cumassembly complex. Justice Raghupathy resigned on August 13, 10 days after the Madras high court pulled up the commission for delay. The court last week asked the government to inform by September 27, whether it wanted to appoint someone else in place of Justice Raghupathy.

“After the high court order and the inquiry commission head stepping down, the case has been handed over to DVAC for further action,” a senior government officer told TOI. Raghupathy was the second head to resign, after Justice S Thangaraj quit in December 2011, six months after the Jayalalithaa government set up a single-member commission to inquire into the causes and circumstances leading to the alleged irregularities. The court had recently hit out at the state for spending ₹2 crore for the defunct commission and ordered its suspension.

In Salem, chief minister Edappadi K Palaniswami, at a public meeting on Tuesday to condemn DMK and Congress for the Sri Lankan genocide, slammed the Karunanidhi government for the alleged corruption in construction of the secretariat complex. Palaniswami had recalled the order and hinted at taking action against the DMK leaders. “Yes, we are going to dig up your wrongdoings. Even if I let you (DMK chief M K Stalin) go, people will not… You are going to get caught,” he said, alleging “scientific corruption.”

The Raghupathy commission had summoned former chief minister M Karunanidhi, then deputy chief minister M K Stalin and PWD minister S Duraimurugan to file their responses six years ago. The investigation, however, got stuck due to pendency of petitions in the court against the commission since 2015. “With the recent orders of the court that if prima facie case was found then the state shall initiate criminal proceedings against all public servants and government officials involved, the case has been transferred to the DVAC. The government has no plans to appoint another commission,” sources said. Incidentally, the inquiry commission had engaged an engineering expert, who offered assistance to the state during construction of the secretariat complex.

The commission was to probe excess expenditure and irregularities that caused loss to the exchequer, whether all statutory approvals were obtained and if there was deficiency in standards. It was also to inquire whether there was any abuse of position by the government/public servants. If such allegations are proved true, then the commission should suggest suitable ways to prevent such recurrences in future.


In Salem, chief minister Edappadi K Palaniswami slammed the Karunanidhi regime for the alleged corruption in the construction of the complex. Palaniswami hinted at taking action against the DMK leaders

Drug stores to close from midnight

Chennai:27.09.2018  TIMES OF INDIA

Pharmacists in the city will down shutters for a day from midnight of Thursday demanding a ban on the sale of medicines online. Drug stores attached to hospitals will, however, remain open.

Earlier this month, the draft rules notified by the health ministry said it would be mandatory for online pharmacies to be registered under Central Drugs Standard Control Organisation and obtain a trade licence — applicable across India — from any state government.

“Online sale will make jobs of qualified chemists redundant. It may also become a public health menace. There is risk of drug abuse and over-the-counter sale of scheduled drugs. It can also increase incidence of drug resistance,” said association president K Manoharan.

At present, it is mandatory for all drug stores to have a qualified chemist. “These people study pharmacy formally. They see the prescription and on most occasions know their customers. Chances of errors or misuse are lesser compared to online sale,” said association general secretary KK Selvan.

Several big drug stores have begun to text customers urging them to stock up on medicines. TNN

Guv will wait for SC ruling, claim Rajiv blast victims’ kin
‘Decision On Cabinet Move After That’
Shanmughasundaram.J@timesgroup.com

Chennai:27.09.2018

Tamil Nadu governor Banwarilal Purohit will not take any decision over the cabinet resolution to release the seven life convicts in the Rajiv Gandhi assassination case until the Supreme Court pronounces its verdict in a case filed by the families of people who died along with the former PM in an explosion set off by a suicide bomber, said victims’ kin on Wednesday.

Retired ADSP Anushya, who was injured in the bomb blast, along with the family members of those killed, including inspectors U Rajaguru and Edward Joseph, police constable J Dharman and Congress functionary J Shamthani Begum met the Governor on Wednesday.

They submitted petitions, requesting him not to take any decision on the cabinet’s recommendation to release the life convicts , A G Perarivalan, Sriharan (alias) Murugan, his wife Nalini Sriharan, Robert Payas, Jayakumar and P Ravichandran, as per provisions of Article 161of the Constitution. The Tamil Nadu cabinet passed a resolution to this effect on September 9.

“The governor responded to our plea in a positive manner and assured us he will not take a call until the Supreme Court pronounces its verdict in our case filed in 2014,” said Abbash, coordinator of the victims’ families. He along with 11 family members of victims met the governor on Wednesday. Abbash’s mother Shathani Begum was one of the victims. Begum was the president of South Chengalpet Mahila Congress.

The family members, in a petition, requested the Governor to send a committee to study the ‘indescribable sufferings’ of their families. “Can we get back our dear ones who died on May 21, 1991? We sincerely feel that terrorism should not be condoned,” the petition reads Showing the disturbing pictures that displayed the gravity of the explosion, Anushya said, “I suffered a lot and still feel unbearable pain due to the pellet injuries. Many have lost their beloved ones, but they (life convicts and their families) are seeking freedom and talking about their rights. What about the rights of the real victims like us?”

Begum’s daughter, Afsari, said they had not opposed when the convicts’ death sentences were commuted to life. “Now, they are asking for freedom, and it is not acceptable,” she said.

“We have aired our grievance to the governor. We are satisfied with his positive response,” said Afsari.

A G Perarivalan’s advocate S Prabhu claimed the cabinet decision is beyond judicial review. The cabinet recommendation was under Article 161 and the case filed by the victims’ families in the SC was not relevant, he claimed.

On Monday, Arputhammal, the mother of one of the life convicts, Perarivalan, submitted a petition to the governor and requested him to respond positively to the cabinet’s recommendation to release all the seven convicts in the case. After the meeting, Arputhammal told reporters that she was “confident” that the governor would accept the cabinet recommendation and approve her son’s release.


Twelve members from the families of six victims come out of the Raj Bhavan after meting governor Banwarilal Purohit on Wednesday

DMK CHARGE

Corruption plaint on CM: DVAC says no proof found

TIMES NEWS NETWORK

Chennai:27.09.2018

The Directorate of Vigilance and Anti-Corruption (DVAC) on Wednesday reiterated that the agency could not find any proof for violation of World Bank guidelines in allotting highway contracts, as alleged by the DMK.

Advocate-general Vijay Narayan made the submission on the plea moved by DMK alleging charges of corruption against chief minister Edappadi K Palaniswami in awarding highway contracts.

“The successful contractors are not close relatives of chief minister and hence, there is nothing wrong in assigning the work to them,” Narayan said. The contractors are distant relatives, not within the family of chief minister and they had been in the profession since 1991, he added.

As to the charges that the contractors had quoted exorbitant rates for laying the roads, Narayan said, it might be true that roads cost ₹2.2crore per km as contended by the petitioner. But the expenditure differs from one place to another based on different factors. If the expenditure of the road laid by Union of India is considered it costs more than ₹30 crore in some places. Replying to a query raised by Justice A D Jagadish Chandira with regard to the details of amounts paid to the contractors, Narayan submitted that all the details were given in the sealed cover, which was already submitted to the court.

Asserting that there is no violation of the guidelines framed by the World Bank for award of contracts, the advocate general submitted that the petitioner's prayer had already been met with by the DVAC by undertaking preliminary probe into the charges. The inquiry report had

also been forwarded to the Vigilance Commissioner for appropriate action, he added.

As the petitioner sough time to file its response, the judge posted the matter for further hearing on October 5.

According to the petitioner R S Bharathi, organising secretary of DMK, the chief minister, who is also holding the portfolio of the state highway ministry, had abused his power to allocate five highway laying and maintenance projects worth ₹3,500crore to firms owned by his relatives and benamis.

Gang rape of minor: Five of 17 accused move high court against Goondas Act

Say No Need To Detain Them Under It
Sureshkumar.K@timesgroup.com

Chennai:27.09.2018

Five of the 17 men accused of raping a minor girl over several months at an apartment complex in Ayanavaram have moved the Madras high court to quash their detention under Goondas Act.

Admitting their pleas, a division bench of Justice C T Selvam and Justice M Nirmal Kumar ordered notice to the Chennai Commissioner of Police and Inspector of the Ayanavaram All Women Police Station returnable in three weeks.

When the pleas came up for hearing on Wednesday, counsel for the petitioners said the September 5 order detaining them under the Goondas Act was illegal, arbitrary and against the fundamental rights guaranteed under the Constitution.Counsel for the petitioners said there was “no urgency, need or necessity for such detention”.

The accused were arrested on July 15 and produced before the Mahila court on July 17 and remanded in judicial custody. Subsequently, the accused were detained under the Goondas Act on September 5.

Pointing out that their bail applications were dismissed by the Mahila court on September 16 in view of their detention under Goondas Act, the petitioners alleged that the detention order was contrary to law, weight of evidence and probability of the case, and against the principles of natural justice.

Advocate P Pugalenthi pointed out that under the Goondas Act, a person could be detained for one year. This was on the ground that heinous crimes such as rape could be checked if such persons were kept under detention.

To get the detention revoked, an accused could approach the Goondas Advisory Board, which could give relief after due hearing normally within 45 days of detention. Or the person could approach the high court through a habeas corpus petition to quash the detention. This process could take four to six months.

In this case, besides habeas corpus petitions, on September 20, 14 of the accused moved the high court seeking transfer of the probe to the Central Bureau of Investigation. They claimed they had lost trust in the state police and feared a free and fair probe would not be done because of “the hype created by the media”.

The petitioners also wanted the court to pass an interim stay against the present investigation pending hearing of their plea. Admitting the plea, the court decided to hear it incamera.

The petitioners alleged that the detention order was contrary to law and against the principles of natural justice.

FEARS PERSIST

Activists who fought against Aadhaar rush to apply for card

Komal.Gautham@timesgroup.com

Chennai: 27.09.2018

Activists who fought against UIDAI will finally apply for Aadhaar following the Supreme Court verdict.

In October 2017, Preeti Mohan, a 34-year-old advocate, filed a petition in the Madras high court and got an interim stay to file her I-T returns without linking her PAN card to the Aadhaar number. Having closely followed the scheme, she believed that the law was framed in a hurry just to see the project through.

“There were several serious flaws in it, including the threat to privacy, and beyond this, the complete power that the state would have over citizens. I filed the writ petition just before the deadline for my tax filing to avoid having to obtain an Aadhaar. The petition subsequently came to be dismissed,” she said.

Rahul Unnikrishnan, an advocate at the high court, filed nearly 10 petitions over the

last two months. “The main opposition was that the Aadhaar act by itself did not make it mandatory for all citizens to apply for it. Later, they amended the income tax act and included section 139AA saying we should quote Aadhaar when filing I-T returns. The act had serious security issues. We did not know what the government would do with our biometric [information]. That is the main reason many people did not take Aadhaar,” he said.

Preethi said she would soon apply for the Aadhaar card asshehadtofileher returnsby October end. Rahul added that his clients too were rushing to send in their applications. “The SC has substantially diluted what data can be collected, and how it can be stored and used. But I am not completely in agreement with the reasons for upholding it for tax purposes and welfare schemes,” Preethi said.

Meanwhile, M K Stalin of DMK has welcomed the verdict, saying, “While upholding sections that enables social inclusion, it has struck down provisions curbing citizens’ rightsto privacy andconsent.”