Home Blog Page 1181

Elon Musk to meet PM Modi in India this month and announce Tesla plant, company starts making cars for India in Germany instead of China

The proposed Electric Vehicle plant by Tesla in India seems to be gaining momentum, as Elon Musk is visiting India next month to meet prime minister Narendra Modi. As per a report by Reuters citing two sources with direct knowledge of the matter, the plans to invest in a new Tesla car factory in India will be announced during this visit.

Musk will meet PM Modi in the week beginning 22 April, and will separately announce the plans of his company for India. The Tesla CEO will be accompanied by other executives during his visit, as per the report. However, detail agenda of the visit was not disclosed by the sources as they are confidential.

Reuters said that PM Modi’s office and Tesla did not respond to requests for comment. If the visit takes place as per the report, it will be in the middle of the Lok Sabha elections, after which PM Modi is set to return for a third term.

Confirming the visit, Elon Musk tweeted on Wednesday night (India time), “Looking forward to meeting with Prime Minister @NarendraModi in India!”

The report of Elon Musk’s India visit comes amid speculations that Tesla is in talks with Reliance Industries of Mukesh Ambani for a joint venture to set up the EV plant in India. According to a report in The Hindu Business Line citing sources earlier today, the talks for a joint venture between Billionaires Elon Musk and Mukesh Ambani are currently in the initial stages.

Notably, last week Financial Times reported that Tesla is sending a team to scout for sites in India for the upcoming plant. The report claimed that the company is focusing on states that already have automobile manufacturing hubs as well as ports to facilitate export, and as a result, states like Maharashtra, Gujarat, and Tamil Nadu are on high priority for the company.

Tesla is expected to invest 2 to 3 billion USD in its Indian operations. Apart from the car plant, the company will also set up a gigafactory to make batteries.

Notably, although Tesla has been planning to enter the Indian market for years, it could not do the same due to high import duty on cars. However, the company resumed talks with the Indian govt last year. The talks were accelerated after PM Modi met Elon Musk in New York in June last year during his US visit.

After the meeting, Musk had said, “I am planning to visit India next year. I am confident that Tesla will be in India and we will do so as soon as humanly possible. I would like to thank PM Modi for his support and hopefully, we will be able to announce something in the future.”

Tesla’s Indian entry has been confirmed after the Indian govt slashed import duty on electric vehicles to just 15%. The Modi govt announced a new EV policy last month, saying that it will allow automakers to import up to 8,000 EVs priced $35,000 or higher every year at an import duty of 15%, reduced from 70% earlier. However, the carmaker will have to commit to investing at least $500 million in India over the next three years.

Ahead of  building its plant in India, Tesla has already started production of right-hand drive cars at its plant in Germany for export to India later this year, a Reuters report said earlier this week. The company will start its Indian business with imported cars, as production of cars will take time. Although it was not confirmed which model will be imported into India, the Berlin plant only makes the Model Y.

Choice of Berlin plant to make the cars for India is significant, because Tesla already makes right-hand drive cars in its much bigger Shanghai plant in China, for right-hand drive countries such as UK, Australia and Japan. The company started making RHD cars in Berlin specifically for India. One of the points preventing Tesla’s entry into India for several years was the Modi government’s insistence that the company can’t import cars into the country from China.

Earlier it was reported that Tesla will be introducing a new low-cost car aimed at developing markets such as India and Brazil, however this week Reuters reported that the company has scrapped that proposal. The company was planning a new car at around $25,000, around ₹21 lakh. The report stated that increased competition from cheaper Chinese EVs prompted this decision.

The current cheapest Tesla model is the Model 3 Sedan, with a price of around $39,000 in the United States, equivalent to around ₹32.5 lakh. Model Y retails for above $45,000, while the prices of Model S and Model X are above $75,000. The price of newly launched Cybertruck ranges from $80,000 to above $100,000.

‘Dayanidhi Maran is useless without his family’s surname’: Annamalai hits back after ‘joker’ remark

0

Tamil Nadu Bharatiya Janata Party (BJP) president K Annamalai hit back at Dravida Munnetra Kazhagam (DMK) leader Dayanidhi Maran’s ‘joker’ remarks saying that the latter is ‘useless’ without family’s surname.

Annamalai also targeted the ruling DMK for Maran’s remarks accusing the party of resorting to ‘abuse and filth.’

“Generally they say one of the ugliest political parties in the country is DMK. DMK party is founded on the language of filth. And if you look at DMK’s history their abuse of women, their intolerance for any newcomer and the kind of abusive language they brought into political vocabulary. Nobody in our state has done over the last 70 years. DMK stands for abuse at its worst,” the BJP chief said.

“And this is coming from a person Dayanidhi Maran. If you remove the word Maran from there, he will not even get a job as anybody in any place. He is totally useless without his family’s surname. But unfortunately, when they know they are losing, DMK will always take recourse to abuse and filth,” he added.

The BJP leader further said that he will adorn the abuses by DMK as a ‘badge of honour’ while projecting himself as ‘self-made’

“If DMK is abusing me, I take it as a badge of honour because all of us are self-made people from the ground by virtue of hard work, we are standing in a position trying to serve our people, not like Mr Maran or Mr Stalin or Mr Udhayanidhi. Only because of their family initial, they are in politics,” Annamalai said.

In an interview with India Today, Dayanidhi Maran, a former union minister, sought to dismiss the challenge posed by Annamalai in the Lok Sabha polls. “Who’s that? Oh, the Joker, you are talking about the Joker. Are you overestimating, he is a lame duck,” Maran said.

He was asked a question about the “fear of Annamalai” and if he is the rising star of the BJP.

Following the DMK leader’s remarks, Prime Minister Narendra Modi came to Annamalai’s defence and said that it reflected the character of the ruling party in the state and that ‘arrogance is against the great culture of Tamil Nadu’.

“DMK is a party that is immersed in the arrogance of power. When a senior leader of DMK was asked about our young leader Annamalai, he said in arrogance ‘Who is he, who is that’ and used insulting words. This arrogance is against Tamil Nadu’s great culture. The people of Tamil Nadu will never like this arrogance,” PM Modi said while addressing a public rally in Mettupalayam.

However, reiterating his words, Maran said that he stands by his words.

“He (Annamalai) keeps on changing his stance. First, he was against NEET. Now he supports NEET. He says that he doesn’t know Hindi. Then he now speaks fluent Hindi. He keeps on changing his colours like a Chameleon. He behaves like a joker. So I stand by my stand words. He is a joker. We need people like him. He’s a good entertainer. Please Annamalai, continue,” Maran said earlier in the day.

Annamalai is fighting the Lok Sabha polls from Coimbatore for BJP while DMK has fielded Ganapathy P Rajkumar. Maran is contesting the polls from Chennai Central.

All 39 seats in Tamil Nadu will vote in a single phase on April 19 in Lok Sabha polls that will be held in seven phases. Votes will be counted on June 4 . In 2019, the DMK-led alliance swept the Lok Sabha polls in Tamil Nadu, winning 38 of 39 seats.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Nehru’s views on Aksari Chin to Digvijaya Singh’s comments on Katchatheevu Island show how the Congress party has no regard for the nation’s integrity

Although the conflict between China and India broke out in October 1962, the plot had been planned long earlier. Violence broke out between the forces of the two in Ladakh in 1959 as well. India had rejected China’s proposal, which called for the military units of both nations to retreat 20 kilometres on either side of the McMahon Line. Jawaharlal Nehru, who was prime minister at the time, left a legacy that Digvijay Singh continues to uphold with his latest comments.

An influential leader of the Congress party, Digvijaya Singh served as the chief minister of Madhya Pradesh for ten years in a row. There was a dispute regarding Kachchatheevu Island a few days ago. RTI exposed how Sri Lanka was granted the island by the Congress administration under Indira Gandhi. The matter was brought up by Prime Minister Narendra Modi. According to Digvijay Singh, nobody resides there. This reflects the same insensitivity of the Congress, followed by its leaders from Nehru to Digvijay.

This demonstrates how unconcerned the Congress Party is for the territorial integrity of India. The Modi administration has consistently worked to secure the borders of India, as evidenced by the developments in the Northeastern states under its leadership, the revocation of Article 370 in Jammu and Kashmir and the establishment of Ladakh as a separate union territory or the allocation of greater authority to the Border Security Force (BSF) in states like West Bengal and Rajasthan. On the other hand, India’s territories were occasionally taken over by China, Pakistan and even Sri Lanka during the Congress era.

Bharatiya Janata Party is putting all its might in Tamil Nadu

BJP is working hard in Tamil Nadu this time. Following an emotional gathering in Salem, where he paid respect to BJP leader Auditor Ramesh who was killed by Muslims at his house, Prime Minister Narendra Modi staged a massive roadshow in Chennai, the state’s capital. The day after the tour, meetings were held at Ramtek, Mettupalayam and Vellore. Installing the “Sengol,” the sceptre of the Chola dynasty, in the new parliament is another way that PM Modi has brought attention to Tamil Nadu’s culture on a global scale.

There is nothing new as in October 2019, Chinese President Xi Jinping travelled to India and joined PM Modi at Malappuram for cultural events. Prime Minister Narendra Modi also came up with the concept for the Kashi-Tamil Sangamam in Uttar Pradesh and the Saurashtra-Tamil Sangamam in Gujarat to link Tamil culture with various regions of India. BJP has united with nine regional parties in Tamil Nadu, which are not members of the DMK or AIADMK, with all of its strength, this time.

The party does not want to leave any stone unturned there which is why Tamilisai Soundararajan has to resign as governor and is contesting from Central Chennai in the Lok Sabha poll. Indeed, the Annamalai factor is also there in the state this time. The ex-IPS officer is running for office from Coimbatore and is working hard for the BJP there. It was he who filed an RTI due to which it was discovered that Katchatheevu Island was granted to Sri Lanka during the Congress administration for this reason.

Katchatheevu Island and the problem of Indian fishermen

Prime Minister Narendra Modi addressed the matter, revealing that Indian fishermen are being apprehended whenever they approach that island. As per the agreement between the governments of Indira Gandhi and Sri Lanka, the island was given to the latter in 1974. The resolution of the maritime boundary issue between Sri Lanka and India served as the backdrop for all of this action. Moreover, Union Minister of External Affairs S Jaishankar disclosed that during the previous 20 years, 1175 boats had been seized in addition to 6184 Indian fishermen who had been arrested.

There is a fishing method used in India where a net is submerged in the water, the fish enter it and the water is filtered. Nonetheless, in 2017 Sri Lanka outlawed the same. It was claimed that Indian fishermen were depleting marine resources and were allegedly destroying marine life. Katchatheevu Island is likewise not being used by Sri Lanka either. According to the Sri Lankan think tank “PathFinder” this topic has been stirred up for electoral gains in India.

The statistics on fisherman’s arrests, however, indicate our fishermen would have profited if the island had stayed in India. Indira Gandhi stated that it was improper to raise the topic of this island and advocated better relations between the two nations. Do you know what they believed? Indira Gandhi considered the island to be just a stone, with no strategic importance. However, at that time Indian fishermen were allowed to stay on the island and dry their nets in the sun as well as rest there.

However, in 1976, a new deal was struck, guaranteeing that Indian fishermen would also lose this privilege going forward. A new issue has emerged for the fishermen because there is just a 12-kilometre distance between Talaimannar, Sri Lanka and India’s Rameswaram. Their livelihood rested on it for centuries. The navy assaulted boats indiscriminately during the Sri Lankan Civil War and targeted Indian fishermen. The Indian fishermen were also attacked by Sri Lankan fishermen and the insurgent group LTTE in the meantime.

Digvijaya Singh’s statement is further extending Nehru’s legacy

Digvijaya Singh is a candidate running for the Lok Sabha from Rajgarh, Madhya Pradesh. They are taking out “Vada Nibhao Yatra” (Fulfill the promises movement) in their area. Digvijaya Singh won this seat in 1984 and 1991. He has been an MLA from Raghogarh four times which also falls in this constituency. His son Jaivardhan Singh has been the MLA from here for the last 3 terms. He has also been an MLA once from Chachaura. He is now serving his second consecutive term as a Rajya Sabha MP. Laxman Singh, his brother, has won five straight terms from the Rajgarh seat and is also an MLA from Chachaura. He was also elected as an MLA from Raghogarh twice.

Digvijaya Singh has also been one of the closest advisers of the Gandhi family. In response to a query regarding the Katchatheevu Island, he alleged, “Listen to me. Does anyone live there? I want to ask you.” He began claiming that Prime Minister Narendra Modi was speaking in vain when the issue of fishermen was mentioned. Shehzad Poonawala, the BJP spokesperson, described the statement as a representation of Nehru mentality because the late prime minister alleged that “not even a blade of grass grows there” about Aksai Chin.

Congress leaders, according to the BJP, prioritize their families before the nation. Shahjad Poonawala charged that Rahul Gandhi and A Raja argue that India is not a nation but rather a group of independent states and that Congress President Mallikarjun Kharge believes that Jammu and Kashmir should not discussed in Rajasthan. The BJP further accused the current I.N.D.I. Alliance partner DMK to be complicit in the Congress’ actions then. Chief Minister Karunanidhi led Tamil Nadu’s government in 1974.

Jawaharlal Nehru had shown a similar mentality regarding Aksai Chin

Jawaharlal Nehru justified China’s takeover of Aksai Chin. He was an admirer of China. After visiting China and raising the banner “Hindi-Chini Bhai-Bhai” along with giving up India’s place on the United Nations Security Council, he only encountered hostility and war in exchange. Nehru was also frequently abused by China, which labelled him as a British-American servant. China continued to warn India over Tibet and Bhutan, but the Congress government disregarded all of it.

On 8th December 1959, Jawaharlal Nehru declared in Parliament that he was unsure of India’s frontiers. It is not as if the Indian army was doing nothing. When Kumaon Regiment Lieutenant Colonel RS Basera and Havildar Diwan Singh joined a group of yak herders early in 1957, they learned that China was constructing roads in Aksai Chin. Jawaharlal Nehru remained undaunted in the face of this classified report’s emergence.

Furthermore, India permitted China to take an extremely aggressive stance towards Tibet. Tibet believed that Nehru, a “chogyal” (king) would provide solutions to its difficulties. The Indian Air Force was regarded as more powerful than the Chinese Air Force at the time. The Chinese army could easily cross into India by constructing new highways. History illustrates how Congress harmed our borders and demonstrated little concern for the integrity of the nation from Jawaharlal Nehru Nehru to Diggi Raja.

Borders secured in Modi government, developmental work from North-East to Kashmir

Prime Minister Narendra Modi has consistently maintained that India’s border villages need to be referred to as the “first village” rather than the “last village.” Modern highways are being constructed in Arunachal Pradesh, India using indigenous technology. Works on the Sela Tunnel and the LGG-Damteng-Yangtse route are still in progress. Recently, 6000 crores were set aside to build a 1748-kilometre two-lane highway along the border between China, Myanmar, Tibet and India.

In August 2023, it was discovered that India had built 343 km of roads in Uttarakhand, 553 km in Ladakh and 507 km in Arunachal Pradesh. Such tunnels are being developed in large numbers with all-weather accessibility. In states with international borders, the BSF’s arrest, seizure and search authorities have been extended to 50 kilometres. Congress was against it as well.

Odisha Police instructs Special Security Battalion personnel to remove tattoos in 15 days, says they are offensive, obscene and derogatory

0

Odisha Police have instructed Special Security Battalion personnel to remove tattoos that are visible while wearing uniforms on their bodies within 15 days, as it demeans the image of the battalion.

“A good number of unit men are found making “TATTOOS” on their bodies, which demeans the image of the Battalion as well as Odisha Police since these are offensive, obscene and derogatory in nature. Hence, after careful consideration; it is decided that, from today onwards, tattoos that are visible while wearing uniform are not permitted,” said an order issued on Tuesday by the deputy commissioner of police (security), Bhubaneswar.

All guard I/Cs were directed to make a list of men having tattoos on their body from the date of receiving the orders failing which necessary departmental actions as deemed fit shall be initiated against the wrongdoers, the order said.

The order further advised SSB personnels to avoid getting inked on face, neck and hand to maintain a level of professionalism.

Special Security Battalion provide security coverage to VVIPs and dignitaries within the State and those visiting the State from rest of India.

Its personnel have been deployed at various nationalised banks in Bhubaneswar city and in Police Control Room (PCR) duties under different police stations. It also performs law and order duties, especially during religious functions.


This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Three independent MLAs, who have joined BJP, move Himachal Pradesh HC against Assembly Speaker for not accepting their resignations

0

Three Independent MLAs moved Himachal Pradesh High Court on Wednesday challenging the HP Assembly speaker for not accepting their resignations.

MLA Hoshyar Singh from Dehra, Ashish Sharma from Hamirpur and KL Thakur from Nalagarah assembly segments submitted their resignations to the speaker on March 22, 2024, and joined the Bharatiya Janata Party (BJP) a day later in New Delhi.

Meanwhile, all three MLAs were summoned by speaker Kuldeep Singh Pathania to appear before him on Wednesday.

“Today we have to file a reply before the speaker and our case was listed in the High Court today as our case was delayed we had submitted our resignations on March 22nd and it should have been accepted on the same day. We have pleaded in the High Court that the Supreme Court had earlier given verdicts on similar cases in the cases of Karnataka and Mizoram,” said MLA Hoshiyar Singh.

“The decision has to be given by the speaker in one day, they have delayed it and this is not good for the Constitution. We shall submit our reply to the speaker. Their intention is just to delay as they don’t want the elections to be held early if they have disqualified the Congress legislators in 12 hours and why they are not accepting our resignation. There is no genuine reason for delay our case is listed in the HP High Court for April 24th,” said the MLA.

Along with six Congress MLAs (now disqualified), the three Independents had voted in favour of BJP nominee Harsh Mahajan during the Rajya Sabha polls in February. This led to the defeat of Congress candidate Abhishek Manu Singhvi.


This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Arvind Kejriwal using meetings with legal team to issue orders to ministers: Delhi Court rejects his plea to meet lawyers 5 times a week

On Wednesday (10th April), a Delhi court dismissed the plea moved by Delhi Chief Minister Arvind Kejriwal seeking direction to increase the number of legal meetings with his lawyers from two to five times a week. Notably, Kejriwal is under judicial custody in connection with the Delhi Liquor Policy scam. Yesterday the Delhi HC dismissed his plea against his arrest by ED noting that the material evidence shows that he conspired in the scam.  

In his application before the Delhi court, Kejriwal argued that he is facing multiple FIRs in various states, because of which a lot of legal work takes place and hence the number of meetings with his legal team should be increased. However, the court rejected the plea, saying that Kejriwal is not using the currently allowed two meetings with his lawyers to discuss his case, instead he is using them to send orders to his ministers in the Delhi govt.

Appearing for the respondent authorities, Special Counsel Zoheb Hossain opposed the application stating that the demand is clearly against the Jail Manual. According to the manual, only one legal meeting is allowed in a week, but in special circumstances, two meetings may be allowed. Kejriwal is already getting two legal meetings.

The counsel quipped if someone chooses to run the government from jail he cannot be treated exceptionally.

Used legal meetings to pass on directions to the Water Minister through his lawyer: Delhi Court

Special judge Kaveri Baweja observed that Kejriwal has been utilising the permitted two meetings with his legal team not only to discuss his pending litigations but also to use the allotted time for “purposes other than legal interviews”. 

According to the Judge, Kejriwal failed to satisfy the court that he has been using the two permitted legal meetings per week solely for discussing the pending litigations with his lawyers. According to the court, Arvind Kejriwal, through his lawyers, had passed directions to the Water Minister (Atishi Marlena).  

The court stated, “The status report/note filed by the Investigating Agency indicates that the Applicant had dictated certain directions for being passed on to the Water Minister, to one of his lawyers (whose name he refused to disclose to the Investigating Agency) during the course of a legal meeting.” 

Incidentally, on 24th March 2024, the Delhi government’s Water Minister Atishi Marlena addressed a press conference where she displayed a letter adding that Kejriwal had sent it to her. Back then, Kejriwal was in ED custody. 

(In March this year, Atishi Marlena displayed a letter Kejriwal had sent to her while he was in ED custody, Photo Credit – PTI)

Atishi added that through the letter, Kejriwal had instructed her to solve water- and sewer-related problems in some areas of the city. Following the incident, it was reported that the Enforcement Directorate took cognisance of Atishi’s statement that CM Kejriwal sent her directions while he was in ED custody.

Days later, the Delhi CM sent another letter to his health minister Saurabh Bharadwaj, directing him to solve the issues of unavailability of free medicines and tests at some hospitals and mohalla clinics in Delhi.

Furthermore, the court found no statistical basis or objective assessment to grant Arvind Kejriwal five meetings with his legal team instead of two. It stated, “In the absence of any such objective criteria for assessment, the prayer of the Applicant for five (05) legal interviews with his lawyers per week not only appears to be whimsical but also seems to have been made without any statistical basis or objective standards for assessment.”

The court dismissed the argument that since the jailed AAP leader is accused in many legal cases he should be permitted to have more meetings with his legal team. The court noted that since such a privilege can’t be extended to other jail inmates, hence the Delhi CM can’t be treated above the law of the land.  

The court stated, “Even otherwise, regardless of the absence of any objective criteria for such assessment, if the prayer of the Applicant is allowed, would the courts, or for that matter the prison authorities, be under an obligation to grant more than five (05) visitation rights for legal meetings to other prisoners, who may be having more pending litigations than the Applicant?”

The Judge cited the observations of the Delhi High Court made in the case of Amanatullah Khan. In that case, the High Court held that a public figure is not above the law of the land.

Judge Baweja said that the Jail Rules which allow only two meetings will apply to Kejriwal like any other inmate.

The Court also dismissed Kejriwal’s contention that he should be entitled to 5 meetings based on parity, citing a similar order passed in the case of Sanjay Singh.

The court stated that the said order dated 22nd February.2024 [in Sanjay Singh case] was passed without hearing the opposite side and the Jail Authorities. Additionally, the relevant Jail Rules were also not considered while passing the said order. Hence, the court noted that the said order can neither be treated as a precedent nor can this application be allowed on the grounds of parity.

(With Inputs from ANI)

Russians cannot use honeytrap against French spies because ‘their wives already know about their affairs’: Reveals documentary on DGSE

In a startling incident, a television documentary about France’s external intelligence agency went on the reveal that honeytraps are ineffective against French spies because their wives are accustomed to them having affairs with other women.

According to intelligence agents at the Directorate-General for External Security (DGSE), their Russian opponents realized that blackmailing French spies over their relationship with their respective girlfriends were useless.

The standard reaction of the French spies to the blackmailers was “Go ahead, my wife already knows,” according to one agent in Making of Secret Agents, a 90-minute documentary that secured unprecedented access to the intelligence agency over several weeks. It was slated to appear on the French public television station France 2 on Tuesday night.

The agent known only as Nicolas, whose speech and persona were blurred was quoted as saying, “Defectors from the Soviet Union used to talk about the ‘French paradox’, namely if you surprised a Frenchman with a mistress by telling him, we’ve caught you red-handed with a 22-year-old called Tatyana, work for us or we’ll tell your wife, it didn’t work.”

He said that when Russians threaten them with blackmailing after honeytraping them using women, a French spy usually says that his wife already knew about it, or ‘Go ahead, show her, she’ll understand’. Cameras were allowed into the DGSE for the documentary Making of Secret Agents, which aired on French television channel France 2 on Tuesday.

In one segment of the 90-minute show, former French espionage head Bernard Emie denied that his operatives were oblivious to Russia’s invasion of Ukraine after Putin massed soldiers on the border.

Both the UK and the US had warned that Putin was scheming to start a war, but French intelligence insisted that there was no imminent threat. Emie claims in the documentary, however, that France was well aware of the situation but chose not to disclose it.

“When Russia unleashed its war on Ukraine, the DGSE had the same technical information as its American partners. The problem is then how you exploit and analyze that information and the way in which you think an event will or won’t take place. The CIA made the totally respectable decision to divulge the intelligence it had with the aim of dissuading the Russians from launching their operation. This is a policy that we don’t pursue. But in terms of intelligence, we had the same level of knowledge. In plain terms, nobody was party to someone within President Putin’s entourage with access to his personal way of thinking,” he said.

The documentary features interviews with agents who explain why they joined, as well as footage of them learning how to use firearms and defend themselves. Agents describe how difficult it is to keep their work from their families, with one stating that they learn not to ask questions.

The documentary begins with DGSE members distinguishing between “secret agent” and “spy,” which is a more rigid job description that only covers a portion of the agency’s activities. The secret agent’s job is to “gather information abroad to protect France”. However, this is commonly done from behind a desk.

POCSO case can’t be quashed even after a mutual compromise is reached between victim and accused: Allahabad HC

The Allahabad High Court recently held that the prosecution of an accused facing trial under the POCSO Act cannot be quashed solely based on a compromise between the accused and the survivor. The court asserted while dismissing an application for quashing a rape case registered under the Protection of Children from Sexual Offences Act (POCSO Act) against the applicant-accused. 

The Court pointed out that the power under Section 482 of CrPC should not be exercised in prosecutions that involve heinous and serious offences like murder, rape, dacoity, etc. The court noted that such offences were not private and seriously impacted society. Likewise, for offences under the purview of a “Special Statute” like the POCSO Act, 2012, the prosecution cannot be quashed on the grounds of mutual compromise between the accused and the victim. 

A Single Bench of Justice Samit Gopal held, “Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial. When an offence is made out against the accused irrespective of the fact that whether the prosecutrix was a consenting party or not, then certainly, the prosecution cannot be quashed merely on the ground that at a later stage the prosecutrix has entered into a compromise.”

The accused urged the court to set aside the cognizance and summoning order issued by a Special Judge (POCSO) Act at Azamgarh. In this case, the FIR was lodged under Sections 376 (rape), 313 (causing miscarriage without woman’s consent), and other sections of IPC and 3/4 of the POCSO Act at Bilariganj police station in Azamgarh district.

The accused challenged the POCSO court orders and sought the quashing of the charge sheet and all further criminal proceedings related to the mentioned charges. For this, the petitioner raised a single ground that a compromise was reached between the accused and the victim. Incidentally, the counsel for the victim also endorsed the accused’s plea.

However, the counsel for the state opposed the plea of the accused-applicant. The state’s counsel submitted that the case pertains to allegations that the accused subjected the girl to sexual assault for over three years when the survivor was only 15 years old. 

The counsel for the state also contended that since the victim was a minor at the time of the incidents, the charge sheet was filed under relevant sections. After finding a prima facie offence against the applicant, the trial court summoned him. It was further argued that the petition should be dismissed since a compromise in a case of this nature cannot be entertained.

Subsequently, the High Court relied on a Supreme Court judgment that held, “Where the accused was facing trial for an offence punishable under a special statute, the prosecution cannot be quashed based on compromise”.

“It is, thus clear that where the accused is facing trial for the offence of rape, then the factum of compromise under no circumstances can be of any help to him. They are crimes against the body of a woman. The honour of a woman cannot be put to stake by compromise or settlement,” the Court added while dismissing the plea. 

Bihar: Goddess Bhagavati Temple in Araria vandalised and deities damaged, ‘XXX’ scrawled on the temple wall and mutton reportedly cooked within premises

On 7th April (Sunday), tensions escalated in the Araria district of Bihar after a Hindu temple was vandalised just before “Chaitra Navratri,” in yet another incident of communal strife in the country. The two sides confronted each other which led to a heavy police deployment in the area to pacify the situation. Furthermore, a First Information Report is registered and an investigation is underway.

The matter pertained to the Phulkaha Police Station area. There is a government school in the Bhangahi village panchayat which is known as Bhaundhar Madhya Vidyalaya. There is a temple inside the institution’s premises where people regularly come to worship. However, on 9th April (Tuesday) locals complained that miscreants had damaged the holy place. Meanwhile, members of other community started assembling there and the matter began to intensify.

OpIndia spoke with a resident of the village who stated that the Hindu community prays at the temple dedicated to Goddess Bhagavati during Navratri. We were informed that the occurrence transpired when the school was not in session. The person mentioned that unidentified miscreants entered during this time and defiled the idols. A fire was started on the hearth and some food was cooked inside the temple grounds. Mutton was suspected to be consumed there. Furthermore, ‘XXX’ was also scrawled on the property which was later erased.

The villagers learned about the development on Tuesday and the individual hoped that the authorities would take strict action against the perpetrators. However, the local wished to remain anonymous.

The cops arrived at the location as soon as they received information about the instance. A concerted effort was made to spread out the gathering and restore order. The officials talked to the senior members of both parties and that dispute was brought under control. The Hindu side has submitted an official complaint to the police and demanded stringent measures against the culprits and that they be held accountable. Araria Police has opened an inquiry, lodged a formal complaint and commenced seeking the accused. Additionally, the Bihar Police has urged people to be wary of rumours. In the village. The cops are camping there.

Is there any level playing field for probe agencies in West Bengal? Calcutta HC raps Chief Secretary for not sanctioning prosecutions in school jobs scam

On Tuesday (9th April), the Calcutta HC pulled up West Bengal Chief Secretary BP Gopalika over the delay in sanctioning prosecution in the ‘cash for jobs’ scam. The Central Bureau of Investigation (CBI) is probing the case and has sought the court’s intervention to grant prosecution sanction against the accused who were former TMC ministers, and MLAs. The court rapped the Chief Secretary asking, “Is there any ‘level playing field’ for prosecution agencies in West Bengal?”

The division bench comprising Justices Joymalya Bagchi and Gaurang Kanth is jointly hearing the bail prayers of Former Minister Partha Chatterjee and other Trinamool Congress (TMC) MLAs. They highlighted that on 3rd April, the court had issued a clear order directing the Chief Secretary to submit a report highlighting the time frame in which he will grant sanction in this case. Despite the order, the bench noted that he did not clarify his stand. On the contrary, he sought more time to decide this matter citing the upcoming Lok Sabha elections.

Coming down heavily on the government counsel, the bench remarked, “Are you an agent or a lawyer? This is the way you submit? Your duty is to haul him up. How do general elections stand in the way of the administration of criminal justice? Have you stopped investigating crimes? Within 7 days you take a decision. These people [CBI] cannot wait (for) your luxury, We indicated that the Chief Secy should not get influenced by those who have no power over him. Sanction is an independent decision. He is not governed by anyone.”

Expressing displeasure over the delay, the Court said that it was more troubled to note that the CBI officers, who have invested their time and energy to investigate these cases, were now awaiting only the sanction. 

Justice Bagchi said, “Today, we feel if this is the situation, how far is West Bengal a neutral field for trials.. this is something which even the prosecuting agencies need to consider. If this is a circumstance in which a prosecuting agency has to prosecute, will the agency be able to have a level playing field?”

The Court opined that it respects the Chief Secretary’s standing to take such a decision that may make him unpopular to the political executive of the state, however, adding that it was his duty. 

It noted, “Everyone of us is required to take independent, strong and perhaps unpalatable decisions, but that is what the rule of law is. We cannot allow this. What is troubling us is that these people who have investigated have their hands tied because a decision on sanction is not taken.” 

The Calcutta HC castigates the TMC government for standing with the accused

The Calcutta HC further expressed displeasure with the state government for standing with the accused persons in the scam. 

The court observed, “At least the State of West Bengal shall not stand up for this sort of indifference. These accused may be officers or former ministers of some party, it does not matter. We all need to uphold the rule of law and everyone has to be made accountable for their deeds. We are seeing this sanctioning situation has become extra-ordinary in this case.” 

In its order, the bench stated that the Chief Secretary failed to apply his mind to the matter and submitted a ‘laconic’ report. It added that he failed to consider the magnitude of responsibility to submit the sanction within a time frame. 

The court further remarked, “We are left to wonder why the highest civil servant of the State has not discharged his bounden statutory duties in a prompt manner, resulting in an undesirable hiatus to the progress of the prosecution in cases involving deep-rooted corruption in the high offices of this State.” 

Notably, the School Jobs for Cash Scam or recruitment scam pertains to illegal recruitments made in the primary and secondary schools across the State, during the recruitment process of 2016. The accused in the case include many high-ranking TMC politicians including former education minister Partha Chatterjee and other Trinamool Congress (TMC) MLAs – Manik Bhattacharya and Jiban Krishna Saha. They are behind bars along with suspended TMC leaders like Santanu Kundu and Kuntal Ghosh.

The court concluded the recent hearing by noting that they had been most indulgent with the state Chief Secretary and consequently gave him a last chance to decide on the matter by the 23rd of April.