Absconder deserves no concession or indulgence by court: Supreme Court
New Delhi(PTI): An 'absconder' who remains out of reach of an investigating agency deserves no concession or indulgence by a court, the Supreme Court has said.
A bench of justices Dinesh Maheshwari and Aniruddha Bose said when an accused is absconding and declared a proclaimed offender, there is no question of giving him the benefit of CrPC section 438 (direction for grant of bail to person apprehending arrest).
The top court also said the consideration of the case of an accused because of application of stringent provisions impinging his fundamental rights does not take away the impact of the blameworthy conduct of the person.
Any claim towards fundamental rights also cannot be justifiably made without the person concerned himself adhering to and submitting to the process of law, the apex court said.
"We have no hesitation in making it clear that any person, who is declared as an 'absconder' and remains out of reach of the investigating agency and thereby stands directly at conflict with law, ordinarily, deserves no concession or indulgence," the bench said.
The observations came while dismissing an appeal filed by an accused challenging the judgement passed by the Bombay High Court by which it rejected his challenge to an order by the additional director general of police and the commissioner of police, Nagpur City, under section 23(2) of the Maharashtra Control of Organised Crime Act, 1992 sanctioning prosecution of the appellant with five other accused persons for varying offences.
"Thus, challenge to the judgment as passed by the high court and to the sanctioning order was required to be rejected when the appellant had indeed been declared absconder.
"However, as observed hereinbefore, we have considered it proper to first examine the matter on merits because notices had been issued to the respondents and it had appeared serving the cause of justice to deal with the matter on merits.
"As noticed, all the contentions urged on behalf of the appellant remain baseless and the challenge herein ought to fail. Thus, we need not say any more in the present case as regards the effect of absconsion," the bench said.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
