Tag Archives: #protest

REPORT ON SUSHANT SINGH RAJPUT’S CASE

This article is written by Divya Singh Yadav, Sneha Asthana & Vivek Yadav

On 14th June 2020, the 34-year-old actor, Sushant Singh Rajput was discovered dead at his Bandra house within the urban concentrate on the day, which was claimed to be an instance of suicide by the native police. Mumbai police appeared to have closed the case at by showing people it was a suicide. However, as time passed by and Sushant’s father started acting upon the case, various links were made with Sushant’s death and his manager, Disha Salian’s, who died on June 9th, 2020, by accidentally falling off from the 14th floor from her fiancés’ residence in Malad. The short gap of just five days between both their deaths stirred up several rumours and conspiracies which instigated the Mumbai Police to investigate the case further. Several opinions arose on social media platforms and by Television media. 

  1. Heaps of political motives are being imputed within the case right from the word go. From the alleged involvement of high-profile politicians and screenland biggies in Mumbai to the approaching state elections, all types of conspiracy theories are floating around. Nausea has defendant the BJP of attempting to destabilise its government in a geographic area. A radical probe can prove whether or not these theories have any substance or are mere conjectures?  
  2. Some individuals, deliberately or accidentally, are attempting to form a divide between the states. Rhea is being branded as a Bengali lady who experienced necromancy to own complete management over a Bihari boy’s life, whereas Sushant’s family has been stereotypic, like several different Bihari family, as being ‘toxic’, that couldn’t settle for a giant town lady as his girlfriend. The probe can place finish to such ‘toxicity’ being peddled within the property right. 
  3. The probe will bring out the reality of whether or not the alleged suicide or murder of Sushant’s former manager Disha Salian is connected into Sushant’s death. Sushant was found dead solely six days once Disha’s end. It’ll additionally unravel the reality regarding the alleged involvement of influential individuals during this case. 
  4. It’ll additionally finish to the endless rounds of mudslinging between the police and therefore the politicians of 2 states. Shivsena’s leader has alleged that Sushant was displeased together with his father owing to his second wedding. In contrast, a state BJP leader has concerned a narco check of the Shiv Sena leaders for his or her involvement within the case. 
  5. It’ll additionally settle a big jurisdiction question of whether or not state police were well among its statutory rights to lodge FIR within the case and advocate the CBI probe once their geographic area counterparts had not lodged an FIR in the 1st place over the actor’s “unnatural death”. 
  6. It’ll additionally place screenland below scanner and answer the question if the alleged favouritism within the industry had something to try to with Sushant’s death under alleged depression?  
  7. It’ll additionally build it clear whether or not geographic area police were doing the investigation in right earnest or were attempting to scuttle the case struggling since the day, as alleged by Sushant’s family?  
  8. Finally, honest probe ought to guarantee justice to Sushant, his family, and his admirers if there was immorality so behind his death? And it’ll additionally offer justice to Rhea Chakraborty if she had no role to play some within the unfortunate incident. 

The Mumbai police began to put in all efforts to find out the truth only after an FIR was filed by Sushant Singh Rajput’s father K.K Singh in Bihar. The Mumbai police then put their nose to the grindstone to find out all angles of the reason for Sushant’s death. 

Role of Mumbai Police: Mumbai police, in this case, had the power to act under section 174 of CRPC. The police also said that all the instances and the pieces of evidence clearly stated that his death was suicide, and also there was no accused person, and hence there was no need for an FIR.

They started an investigation after his death and concluded that Sushant’s death was a suicide. The police state that the postmortem report was submitted at the Bandra police station. The deputy commissioner of Mumbai, on 22nd June 2020, said that the cause of his death was asphyxia due to hanging. The final post mortem was submitted on 25th June, which confirmed that Sushant’s death was due to hanging. And on 3rd August, police commissioner of Mumbai; Param Bir Singh said that the investigations of the death of Sushant and his ex-manager Disha Salian were not connected to each other.

Mumbai police also claimed that Sushant initially tried to hang himself with the help of a belt, but when that did not work out, he used a green kurta. They also said that due to the discrepancy of Sushant’s height and the distance between him and the fan, Sushant hanged himself in an inclined position.

On 3rd August, the police commissioner of Mumbai stated that there was no direct transfer of money from Sushant’s bank account to Rhea and there was no misappropriation of his funds. The police had investigated 56 people until 4th August.

Initially, the Mumbai police said the CCTV of Sushant’s home was not working on that day but on 3rd August; they stated that they had access to his CCTV footage and according to the recording there was no party at his house a day before his death.

Soon after the Mumbai police began investigating, there was news regarding K.K Singh, Sushant Singh Rajput’s father had filed an FIR against Rhea Chakraborty in Bihar

On July 25th, Sushant Singh Rajput’s 74 years old father, Krishna Kishore Singh, lodged an FIR in Rajiv Nagar Police Station, Patna, against Rhea Chakraborty, Rhea’s mother, Sandhya Chakraborty, father, Indrajit Chakraborty, brother Showik, house manager Samuel Miranda and business manager Shruthi Modi on the grounds of Section 306 of the Indian Penal Code – abetment of suicide.  The charges mentioned in the FIR also include:

  1. Section 306 – abetment of suicide
  2. Section 341 – punishment for wrongful restraint
  3.  Section 342 – punishment for wrongful confinement
  4. Section 380 – theft in a dwelling house 
  5. Section 406 – punishment for criminal breach of trust 
  6. Section 420 – cheating and dishonestly inducing delivery of property.

Mr KK Singh has also invoked provisions of the Mental Health Care Act alleging that the ‘machinations’ used by Rhea and her family led to Sushant Singh Rajput’s suicide.

Mr Singh had also claimed that Rhea Chakraborty was handling Sushant’s bank accounts and when the balances were dropping low, she had left with cash, jewellery, laptop, credit card, its PIN and password and essential documents and doctors’ receipts. The FIR also claimed that Rs 15 Crores were siphoned off from Sushant’s account into accounts of unknown persons.

He claimed that Sushant was also threatened by Rhea to show doctor’s receipts to the media to prove him mad, as a result of which he would not get any further work.

Mr KK Singh has alleged that Rhea Chakraborty had only befriended Sushant to further her own career using his contacts and that her parents helped her “purloin the assets of my son worth crores of rupees and started interfering in all aspects of his life.”

He also alleged in the FIR that Rhea convinced Sushant to leave is own residence claiming that his house was haunted.

Mr Singh goes on to allege that Rhea blackmailed Sushant and threatened to make his medical record public due to which Sushant almost gave up his cinema career to settle down in Coorg.



Following the FIR, a team of 4 from the Bihar police reached Mumbai for starting an investigation of the case on the same day and on 31st July, the Enforcement Directorate filed an Enforcement Case Information Report against Rhea Chakraborty under the Prevention of Money Laundering Act.

When the Bihar Police team landed in Mumbai, Patna Central Superintendent of Police, Mr Vinay Tiwari was sent to quarantine till the 15th of August in compliance with the State Guidelines of quarantining all domestic flyers. The Bihar police team had, however, collected statements of Sushant’s ex-girlfriend, Ankita Lokhande, his sister, his cook and his friends and colleagues. The team also applied to the Crime Branch to seek assistance from the Mumbai police in collecting information regarding Sushant’s financial accounts. The investigation from both the states together led to a tussle, thereby resulting in controversies regarding elections political moves.

However, on 29th July, Rhea Chakraborty moved the Supreme Court seeking the transfer of the FIR from Bihar to Mumbai because no action of the case had arisen in Bihar; therefore Bihar does not hold jurisdiction to probe the matter. Instead, the Mumbai police should be investigating. Until the plea was decided, Nitish Kumar, Chief Minister of Bihar, on public pressure, recommended CBI investigation into the matter. On August 19th, the Supreme Court pronounced the verdict and transferred the case to the CBI and validated the FIR that was filed in Bihar.

CBI had taken over the probe on 7th August after the centre had issued a notice after the Bihar government’s recommendation. Then CBI had re-registered the case against Sushant’s girlfriend Rhea, her mother, father, brother, Sushant’s ex-manager and his flat-mate and others based on the complaint made by Sushant’s father earlier with Bihar police on 25th July. 

On 19th August, the supreme court of India allowed CBI to probe into Sushant Singh Rajput’s death.

The CBI investigation was allowed by the SC due to the following reasons:

  1. Mumbai police had not investigated the case in a bonafide manner

The court had observed that the police was investigating the case under section 174 of CRPC, which has a limited scope, and hence no proper investigation could be done. 

  1. Patna police had the jurisdiction to investigate the case

The FIR lodged by Bihar police was valid and was considered to be crucial for the case it was considered necessary to look into the matter. Sushant’s father had filed a complaint based on criminal breach of trust and misappropriation of money, and therefore, the incident’s consequences would arise in Patna too.

  1. An independent organisation’s investigation necessary to avoid conflict between the two states

The court had observed that there were conflicts between the governments of both the states, and a lot of allegations were made that the Mumbai police did not do an excellent job in investigating the case.

The judgment said that both the states were making allegations that there was political interference into the matter, and the validity of the investigation was in question. 

  1. Justice for Rhea and Sushant’s family

The court also was in the opinion that the actor had died long before the world could realise his full potential. And the court added that Rhea herself wanted CBI investigation.

  1. To avoid uncertainty due to multiple investigations

The court said that one organisation should be in charge of investigating to avoid confusion about the case.

The court had denied Rhea’s request to transfer the investigation to Mumbai police stating that the provision 406 of CRPC does not grant the power to the supreme court to transfer investigation from one state to another when the matter is only at the investigation stage.

CBI had divided its team into three parts to investigate the matter. The main interrogation and investigation of the accused and other people involved in the matter will be done by the team led by Nupur Prasad (superintendent of police). The deputy Inspector general (DIG) Suvej Haq will be in charge of coordinating with Mumbai police in collecting all the documents regarding the case.

Since the CBI probe has begun, various pieces of evidence have appeared in the open convincing people of murder. The case has highlighted call records, text messages, drug traces, political links, Bollywood Mafia and several other matters. If the world ever knows the truth behind the case, then it could be very detrimental for some of the most influential people of the country. Terror links have also been traced, and the entire film industry has been put under the spotlight through the entire investigation. Remarks about Rhea’s character, her family and her career have also been made by the media channels to create bias.

However, the legal justice system does not depend on such remarks and works on a proof. Several questions need to be answered. 

  1. Why was no action taken once Rajput’s family had alerted in Feb. that his life might be in danger?  
  2. What came of the probe in Rajput’s former manager, Disha Salian’s, case who died six days before Sushant underneath mysterious circumstances?  
  3. Why is not anyone talking and concerning the missing CCTV footage, the duplicate keys, and therefore the fifty SIM cards?  
  4. Are Rajput’s friend Siddharth Pithani‘s statements inconsistent with the menage staff’s?  
  5. How did Rhea manage to rent the foremost costly professional person to assist her case?  
  6. Did Rhea resist Bihar Police’s involvement, and was geographical region government against the CBI probe?  
  7. Why is that the IPS officer sent from Bihar unbroken in quarantine?  
  8. Is there political involvement within the case on the far side mere suspicion?  
  9. Why was it declared an ‘open and shut’ suicide case inside minutes of Sushant Singh Rajput’s body was found?  
  10. Why are details of Sushant Singh Rajput’s medical and treatment reports accessible within the public domains? 
  11. Did Sushant Singh Rajput have mental health issues? 
  12. Was there a party the night before Sushant took his life? 
  13. Was Aditya Thackeray ever at the alleged party? 
  14. Did Salman Khan scold Sushant for ‘misbehaving’ with Sooraj at a party? 
  15. What happened to all the ‘nepotism’ and ‘Bollywood mafia’ debates? 
  16. Why were big Bollywood names dragged into the investigation in the first place? 
  17. Did Rhea Chakraborty take Rs 15 crore of Sushant Singh Rajput’s money? 
  18. Did Sushant’s relationship with his family turn sour over the years? 
  19. Did Steve Huff speak to Sushant Singh Rajput’s spirit, or was it a sham? 

A stricter probe and continuous questioning are what is required. India has seen sudden deaths of actors like Jiya Khan and Sridevi as well. They remained mysteries for the nation too. Commenting on Sushant’s death, Jiya Khan’s mother has tweeted in support for the CBI probe claiming that she is absolutely sure that politics and the Bollywood mafia are involved in the death of Sushant as they were in the death of her innocent daughter. She believes there are people so influential in the industry that cannot tolerate such competition and threaten innocent people to give in to the apparent filthy politics. Unlike Jiya and Sridevi’s case, the country today, especially with the help of the media, strives to find the truth behind Sushant’s death. 

The certainty of an answer in the coming times is mild, but there is hope to find out if what actress Kangana claims to be the game of the Bollywood Mafia is in fact true. The social media attention on the case has definitely led our forces to fight this one out and bring justice to who deserves it. 

PUBG Mobile banned in India along with 118 other mobile apps

Indian government on Wednesday banned more than 100 mobile application including widely popular mobile game PUBG.

Total 118 apps have been banned by the ministry of information and technology, according to the statement. The latest development comes at the backdrop of India and China tension over border row in Ladakh.

Earlier in June, the government had banned 59, mostly Chinese, mobile applications such as TikTok, UC Browser and WeChat, citing concerns that these are ‘prejudicial to sovereignty and integrity of India, defence of India, security of state and public order’.

Vaccination Laws and Present Pandemic Situations in India

Vaccine save lives; fear endangers them 

Jeffrey Kluger

INTRODUCTION: 

Since time immemorial of the human civilisation, we the human beings had been facing lots of horrible situations which endangered our existence. If we look back then we will find that the history of the pandemic is an ancient one; the first recorded pandemic was 340 years ago before the birth of Jesus Christ. But the years of 2019-2020 have revealed that we are still far away from the era of modernisation and we need more time to develop significantly in the field of medicine about the impact about health science and education. In this topic, we are going to discuss the impact of this ongoing pandemic upon the vaccination laws and vice versa. Before that, we must examine the history of vaccination laws in India. Dr Haffkine developed the plague vaccine in 1897, which is considered to be the first vaccine developed in India. Throughout the world, there are 27 causative agents, against which vaccines are available and expanded, and more are to be set against the rest targeted agents, which are known. But from this event of the pandemic of COVID-19, we can assure that there are also several causative agents, which are unknown to us. So, the development of vaccines for those novel agents is a very tough task. Now, while discussing the situation of India, we must be firstly aware of the vaccine laws, because, without those rules and regulation and laws, it would herm the rights of the people. So, several organisations, research centres, laboratories etc., where such research regarding the development of a vaccine is taking place, must maintain and follow the vaccine laws, so that, rights of the public at large or an individual is also maintained.

Moreover, after the development of the vaccine and its approval, it must be applied to control any situation of epidemic and pandemic. But, what will happen if a person doesn’t give his or her consent? For these reasons, only vaccine laws are passed. Immunity of a single individual provides the security of the immunity of the community.

HISTORY OF THE CONCEPT OF VACCINATION AND VACCINATION LAWS IN INDIA: 

The concept and process of vaccination are more than 3000 years old, which was originated and flourished in the ancient Indian Peninsula (Northern and Eastern India) as a form of variolation and inoculation. The evidence of the existence of variolation is also elaborately described in the Sanskrit text called Sacteya, mainly developed to Dhanwantari, the physician. Then with the transmission of education, the technique of vaccination may have spread to China then Africa, Turkey and ultimately reached to England and America.

In the 18th century, Smallpox affected almost the whole of the world, but, it was reported much earlier in India in 1545 AD. Historians and Physicians suggest ‘smallpox’ as ‘Indian Plague’. Edward Jenner developed the first vaccine of Smallpox in 1796, which arrived in May 1802. Anna Dusthall a three years old child from Bombay, become the 1st person in India to receive Smallpox vaccine on June 14, 1802. The compulsory Vaccination Act was passed in India in 1892 for the 1st time. The aim or motto of the act was to ensure higher coverage with Smallpox and reduce the epidemic. Before 1850, the vaccines were imported from Great Britain. After the 19th century, the vaccine material supply was increased in India, and as a result, more focus was given upon the manufacture of vaccines in India itself. During this time there occurred Cholera epidemic in Bengal and other parts of India. Dr Haffkine was requested to come in India and conduct Cholera vaccine trial in India, which was conducted in 1893. So, here comes the first situation, where we must consider the vaccination laws that, “what shall be the law when a scientist from abroad is brought in India to make vaccine trials?” Then in 1896, a plague epidemic in India has started. Before 1892 The Vaccination Act in 1880, specifically to ban existing inoculation practices, while making it compulsory for children to be vaccinated. So, the history of vaccination law in India can be classified into two parts: –

Vaccination and Present Pandemic Situation: 

During this pandemic situation doctors and health experts of all over the world are encouraging the mass population to take precautions to prevent transmission through the method of physical distancing, hand sanitising, boosting of immunity and musk using. But for the third world countries like India, it is not at all possible to take all such measures because here the food is more desirable than sanitiser, the cloth is more preferable than musk and shelter are more urgent than physical distancing. India is a country where still in the 21st century there is suffering for a single drop of drinking water in the states like Maharashtra, Odisha; where water is very much needed to quench thirst rather than hand washing.

The vaccine is a preventive measure to save ourselves from the clutches of the virus. So, if the Government makes vaccination mandatory, then ultimately, it will be beneficial for the whole society. Because mass interest is more important than individual interest and individual interest is more important than personal sentiment. Here if anyone denies taking the vaccine, then what will happen? Would he pay the society for his mischievous work? There is a well-known maxim in the legal field that “SALUS POPULI EST SUPREMA LEX.”, Which means public welfare is the highest law. Every member of society surrenders his/her welfare before the interest of the community. According to Ezekiel Emanuel, “vaccines are the most cost-effective health care interventions…”. So from my point of view, compulsory vaccination is very much needed so that we can live without any fear, we can breathe in a world where there would be no barrier to musk.

Vaccination Laws In The Light Of Nuremberg Code Whether Violative Of Human Rights Or Not:  

Recently Facebook, Instagram posts shared thousand times, claim that vaccines directly violate the Nuremberg Code ( a set of research ethics principles for human experimentation established after second world war). The claim is false. “The Nuremberg Code is about doing human experiments, not vaccination,” said Dr Jonathan D. Moreno (Prof. of Bio-ethics at University of Pennsylvania.” Vaccines are in no way a violation of the Nuremberg Code.

Recent Light Of Hope: 

Despite all brawl between the groups who are in favour of mandatory vaccination and who are against it, there is a great light of hope that Russia launches COVID vaccine named Sputnik-V and Russian health department assured the world that the persons upon whom the vaccine was tested are responding, including the daughter of Russian President Vladimir Putin. 

Doctors of the whole world are not sure that what will be the accurate dose of the vaccine, or is there any necessity for any further booster dose or not? But when we get the vaccine then also it will take a long time to come within reach of every citizen of the country. First of all, it will be given to the doctors, health workers, polices who are the lifeline of the society, then it will be given to an endangered person like old persons, children, pregnant women. Restest of the population will get it. We can say in a racy voice that if we intake the vaccine in our body, then we will become a protected warrior to fight against the virus, and still, we cherish the hope that ‘we shall overcome.’

Conclusion:  

So, in the end, it’s very compulsory to say that vaccination is much more important than everything in today’s pandemic situation. Rate of unemployment and beggary is rising in India. At about 12 people among 100 die due to poverty in India each year. Therefore can’t we are a little more dedicated and sympathetic towards them? Can’t we think to free vaccination through the third world country, where, poverty death is not much less than pandemic death?

For this reason, there is a high demand for free vaccination laws for poor people or economically weaker sections of society. Moreover, during this pandemic (COVID-19), many beggars earn less than 5% of their daily income through beggary. Many hawkers have lost their sale due to cancellation of local trains to avoid social gathering. Many businessmen, employers in private sectors have made a significant loss, and some of them faced retrenchment too. What will happen to them if vaccines are not available to free of cost? Being a student in the law field, my last step, which can be taken is, to pray for a free vaccination law, for economically weaker sections of the society or for those people, who have lost their livelihood during this pandemic. 

Author’s: Sayan Pramanik & Sinjini Sanyal
S. K. Acharya Institute of Law

Sc disposes off the petition for conducting final semester exams

On Friday, 28th August, the Supreme Court disposed off the petitions challenging the guidelines that had been issued by the University Grants Commission (UGC) for conducting final semester exams by 30th September. The bench comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah gave the following orders:

  1. The Bench had refused the prayer to quash UGC Guidelines for holding final semester exams.
  2. The directions of the State Disaster Management Authority for cancelling the exams are to prevail over the UGC.
  3. However, the direction of SDMA to pass students on previous performance is beyond the scope of the Disaster Management Act.
  4. States/UTs cannot promote students based on final year exams. However, they can seek postponement of the exams due to COVID 19. 

The UGC claimed that then Order was given in the best interest of the students.

Source: Live Law