President gives assent to Gujarat bill that gives police power to take action against protesters
New Delhi (PTI): A Gujarat bill facilitating registration of criminal cases against persons who stage protests in violation of Section 144 of the Code of Criminal Procedure (CrPC) has received Presidential assent, officials said Wednesday.
The Code of Criminal Procedure (Gujarat Amendment) Bill, 2021, was passed by the State Assembly in March last year.
The bill seeks to make any violation of prohibitory orders issued under Section 144 CrPC a cognisable offence under Indian Penal Code Section 188 (disobedience to an order duly promulgated by a public servant).
It amends Section 195 of the CrPC which states that no court shall take cognisance of any criminal conspiracy for contempt of the lawful authority of public servants, except on the complaint in writing of the public servant concerned.
The Code of Criminal Procedure (Gujarat Amendment) Bill, 2021, has been assented to by the President, a home ministry official said.
According to the statement and objects of the bill, the Gujarat government, police commissioners and district magistrates are empowered to issue prohibitory orders under CrPC Section 144, directing any person to abstain from a certain act or to take certain order to prevent disturbance of public tranquillity or a riot or an affray to maintain public order on various occasions.
It said the police officers while deployed on such duties come across incidents of violation and need to take appropriate legal action against the violators under Section 188 of IPC.
However, Section 195 of the CrPC, 1973, makes it mandatory for the public servant issuing such orders to be the complainant against the violators thereby creating an impediment to taking cognizance of violations... Section 195 (1) (a) (ii) CrPC prohibits the jurisdictional courts from taking cognisance of the offences except on the complaint in writing of the public servant concerned, the statement and objects said.
The maximum punishment under the Section 188 of the IPC is six-month imprisonment
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Nightclub fire: Goa court remands Luthra brothers in police custody for five days
Panaji (PTI): A court in North Goa on Wednesday remanded Gaurav and Saurabh Luthra, co-owners of the ‘Birch by Romeo Lane’ nightclub, in police custody for five days.
The brothers, brought to Goa from Delhi after being deported from Thailand in connection with the December 6 blaze that killed 25, were produced in the court after undergoing health check-ups twice at the District Hospital in North Goa.
Judicial Magistrate First Class Mapusa Puja Sardesai remanded the two brothers in police custody for five days.
Advocate Vishnu Joshi, representing Bhavana Joshi who lost four family members in the tragedy, said that the accused were asking for “special consideration” claiming poor health.
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“We said they should not be given any extra relaxation,” he said, adding that the court has taken cognisance of the fact that this is about the death of “25 people in the form of mass genocide”.
“But since they kept pressing for medical check-up, the court ordered reexamination of their health. It is clear in the medical examination that they don’t require any consideration. The accused sought special considerations in the lock-up like a good mattress, which the court refused,” said Joshi.
A team of the Goa Police, along with the Luthra brothers, arrived at the Manohar International Airport, Mopa, in North Goa at 10.45 am.
The duo was initially taken to a Primary Health Centre at Siolim for medical examination. They were then taken to the District Hospital at Mapusa.
After their health assessment, the two were brought to the court.
The court directed that the accused be sent for fresh medical examination. Accordingly, the two were again taken to the District Hospital.
Later, they were produced before Judge Sardesai, who ordered the five-day police custody of the accused.
After the fire tragedy at Arpora village, the Anjuna police had registered a case against the Luthra brothers on various charges, including culpable homicide not amounting to murder.
The brothers were arrested in Delhi on Tuesday after being deported from Thailand. A court there allowed the Goa Police their two-day transit remand.
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The duo had fled to Phuket in Thailand early on December 7, hours after the fire at their nightclub, prompting the authorities to issue an Interpol Blue Corner Notice and cancel their passports.
They were detained by Thai authorities at Phuket on December 11 following a request from the Indian government, which later coordinated with officials in Thailand to deport them under legal treaties between the two nations.
Five managers and staff members have already been arrested by the Goa Police in connection with the fire.
