Constable dies after gang of thieves injects him with poison as he tries to recover phone from them
Mumbai (PTI): A 30-year-old constable posted with the Local Arms unit of the Mumbai police died in a hospital, days after a gang of robbers and drug addicts allegedly injected him with a poisonous substance on railway tracks here while he struggled to recover his phone from them, an official said on Thursday.
The constable, Vishal Pawar, was a resident of Thane. He was admitted to a hospital in Thane, but lost the battle for life three days later on May 1, he said.
"The incident occurred around 9.30 pm on April 28 when Pawar was going for duty on board a suburban train in plain clothes," the official said.
Pawar was standing near the door and was talking on his phone. As the train slowed down between Sion and Matunga stations in Mumbai, an unidentified man standing near the tracks hit Pawar's hand, due to which his mobile phone fell down, he said.
The accused picked up the phone and started running between the tracks. As the train was slow, Pawar got down and started chasing the thief. After some distance, he was surrounded by a group of drug addicts and soon a scuffle broke out between them. They started pushing and manhandling Pawar, the police official said.
"During the scuffle, one of the accused persons injected Pawar with a poisonous substance on his back while others held him," he said, adding that they also poured a red colour liquid in his mouth.
Pawar fell unconscious. He regained his consciousness the next morning and managed to return home, the official added.
But as his condition worsened, his family members shifted him to a hospital in Thane city. Officials of the Kopri police station recorded his statement and registered a case against unidentified persons. The case was then transferred to the Government Railway Police (GRP) at Dadar.
"During the treatment, Pawar's health deteriorated and he died on Wednesday," the official said.
The GRP officials have launched a probe in the case and they have formed several teams to nab the accused, he said.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
