Unfounded criminal charges stigmatize reputation: Bombay HC
Mumbai (PTI): Unfounded criminal charges stigmatize reputation and bring disrepute, and loss of character or bruised reputation cannot be restored even by judicial reprieve, the Aurangabad bench of the Bombay High Court has said while quashing an FIR lodged against a woman judicial officer by her sister-in-law.
A division bench of Justices Anuja Prabhudessai and R M Joshi in an order passed on January 7 said the right to reputation and dignity of an individual is held to be an integrated part of Articles 21 and 19(2) of the Constitution.
The bench quoted Shakespeare and said, "Good name in man and woman, dear my lord, is the immediate jewel of their souls: Who steals my purse steals trash; 'tis something, nothing; 'twas mine, 'tis his, and has been slave to thousands: But he that filches from me my good name robs me of that which not enriches him and makes me poor indeed."
The court was hearing a petition filed by a 40-year-old judicial officer, seeking to quash the First Information Report (FIR) lodged against her by Jalgaon police in November 2019 on a complaint by her 30-year-old sister-in-law for mental and physical cruelty.
The FIR was also lodged against the petitioner's brother (complainant's husband) and her parents (complainant's in-laws).
The high court in its order noted that the petitioner was married and not residing with the complainant.
It said the petitioner has been "dragged" into the matrimonial dispute with the allegations that she had ordered food for everyone but asked the complainant to cook for herself, she had asked the complainant to not raise her voice against her parents and that she should mend her ways.
"The aforesaid accusations even if taken at face value and accepted in its entirety do not constitute any offence justifying investigation against the applicant (petitioner)," the court said.
It is pertinent to note that unfounded criminal charges and long drawn criminal proceedings can have serious consequences, the bench said in its order.
"A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss. Reckless imputations can also result in serious repercussions on career progression and future pursuits," the HC said.
" most importantly it stigmatizes reputation, brings disrepute and lowers the image of a person amongst friends, family and colleagues. It is to be noted that loss of character or bruised reputation cannot be restored even by judicial reprieve," the order said.
In fit cases it was imperative for the court to exercise its power to safeguard and protect the rights of every person subjected to such litigation and prevent misuse of criminal process for personal vendetta, the court said.
In the present case, the FIR against the family members of the (complainant's) husband was an instrument to settle personal scores with him and hence the unfounded proceedings against the petitioner need to be quashed to prevent abuse of law, the HC added.
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Iran offers to reopen Strait of Hormuz if US lifts its blockade and the war ends: officials
Cairo (AP): Iran has offered to end its chokehold on the Strait of Hormuz in exchange for the US lifting its blockade on the country and an end to the war, while proposing that discussions on the larger question of its nuclear programme would come in a later phase, two regional officials said Monday.
US President Donald Trump seems unlikely to accept the offer, which was passed to the Americans by Pakistan and would leave unresolved the disagreements that led the US and Israel to go to war on February 28.
With a fragile ceasefire in place, the US and Iran are locked in a standoff over the strait, through which a fifth of the world's traded oil and gas passes in peacetime. The US blockade is designed to prevent Iran from selling its oil, depriving it of crucial revenue while also potentially creating a situation where Tehran has to shut off production because it has nowhere to store the oil.
The strait's closure, meanwhile, has put pressure on Trump, as oil and gasoline prices have skyrocketed ahead of crucial midterm elections, and it has pressured his Gulf allies, which use the waterway to export their oil and gas.
The closure has also had far-reaching effects throughout the world economy, raising the price of fertilizer, food and other basic goods.
The proposal would push off negotiations on Iran's nuclear programme to a later date. Trump said one of the major reasons he went to war was to deny Iran the ability to develop nuclear weapons.
The two officials, who had knowledge of the proposal, spoke on condition of anonymity to discuss the closed-door negotiations between Iranian and Pakistani officials this weekend. The Axios news outlet first reported Iran's proposal.
It came as Iran's foreign minister visited Russia, which has long been a key backer of Tehran. It's unclear what, if any, assistance Moscow might offer now.
Strait of Hormuz remains blocked
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Iran's ability to choke off traffic in the Strait of Hormuz, the narrow mouth of the Persian Gulf, has proved one of its biggest strategic advantages in a war that has often boiled down to which side can take more pain.
Oil prices have risen steadily since the war began and tankers full of crude became stranded in the Persian Gulf, unable to safely transit through the strait and reach global distribution points.
On Monday, the spot price of Brent crude, the international standard, was trading at around $108 per barrel, nearly 50 per cent higher than when the war began.
Iranian foreign minister holds talks as negotiations with US stall
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Trump last week indefinitely extended the ceasefire the US and Iran agreed to on April 7 that has largely halted fighting. But a permanent settlement remains elusive in the war that has killed thousands of people.
Iran's state-run IRNA news agency said Foreign Minister Abbas Araghchi landed in St. Petersburg on Monday morning ahead of a meeting with Russian President Vladimir Putin.
“It is a good opportunity for us to consult with our Russian friends about the developments that have occurred in relation to the war during this period and what is happening now,” Araghchi said in a video interview posted by IRNA.
It comes as Pakistan has been seeking to revive stalled talks between Iran and the US, and negotiations had been expected in Islamabad over the weekend. Instead, Trump called off a trip by his envoys and suggested the talks could take place by phone instead.
Over the weekend, Araghchi made two stops in Pakistan and a visit to Oman, which shares the strait with Iran. He also spoke by phone with counterparts in Qatar and Saudi Arabia on Sunday.
Iran wants to persuade Oman to support a mechanism to collect tolls from vessels passing through the strait, according to a regional official who spoke on condition of anonymity because he was not authorised to discuss the matter.
Oman's response wasn't immediately clear.
The official, who is involved in mediation efforts, also said Iran insisted on ending the US blockade before new talks and that Pakistan-led mediators are trying to bridge significant gaps between the countries.
Trump says Iran has offered a much better proposal
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Trump told journalists Saturday that after he called off a trip by his envoys to Pakistan, Iran sent a “much better” proposal.
He did not elaborate but stressed that one of his conditions is that Iran “will not have a nuclear weapon”.
Iran insists its programme is peaceful, but the US wants to remove Tehran's stockpile of highly enriched uranium, which could be used to build a bomb, should Tehran choose to pursue one.
Since the war began, at least 3,375 people have been killed in Iran and at least 2,509 people in Lebanon, where fighting between Israel and the Iran-backed Hezbollah militant group resumed two days after the Iran war started. Another 23 people have been killed in Israel and more than a dozen in Gulf Arab states. Fifteen Israeli soldiers in Lebanon, 13 US service members in the region and six UN peacekeepers in southern Lebanon have been killed.
The ceasefire between Israel and Hezbollah has been extended by three weeks. Hezbollah has not participated in the Washington-brokered diplomacy.
