Court : Guwahati
..... be heard on merit, a preliminary objection has been raised by the respondent herein, namely, national investigating agency, the preliminary objection being that these appeals, which have been preferred under section 21 of the national investigating agency act, 2008 (in short, nia act, 2008), is not maintainable in law inasmuch as an order framing charge in a case, which is investigated by the nia and covered by the provisions of the nia act, 2008, is an interlocutory order and sub-section (1) of section 21 specifically bars appeal from being entertained by high court against any interlocutory order of a special court, which ..... das, learned standing counsel, nia, that the provisions, embodied in section 21 of the nia act, 2008, are in pari materia section 34 of the prevention of terrorism act, 2002 (hereinafter referred to as pota) and this court has already held, in redaul hussain khan vs- national investigation agency, reported in 2009 (3) glt 855, that the provisions of section 21 are in pari materia section 34 of the pota. 9. ..... section 3 of the nia act, 2008, therefore, empowers the central government to constitute a special agency to be called national investigating agency for investigation of scheduled offences, which means that offences, other than the scheduled offences, are, ordinarily, left to be dealt with by other agency or the state agencies. .....
Tag this Judgment!Court : Guwahati
..... a case beyond reasonable doubt whereas germful investigation where lurk doubts and suspicions, eat up the foundation of an otherwise strong prosecution case and the courts are compelled to acquit the accused on benefit of doubt.has the investigation agency performed its duties which it was obliged to do under the constitution of india and the laws have the judicial officers who came in aid of the investigating agency performed their duties to elucidate truth and nothing ..... the police must make antiseptic investigations it should leave no germs or virus of reasonable doubts nor should the investigating agency exhibit imbalance in favour of ..... have already stated how the investigating agency showed lack of interest.9 ..... of the cases, the accused are poor and the responsibilities of the investigating agencies are very onerous. ..... this is only one of the lapses on the part of the investigating agency. ..... believe that an officer-in-charge of the police station would have ignored it and continued to investigate the case although it contained allegation of murder and concealment of dead body inside the room. ..... dealing with the provisions of section 165 of the evidence act and section 172 of the cr. p. ..... these were the reasons why we allowed the appeal of the accused, set aside convictional sentence and directed his release vide our ..... national coal board (1957) 2 all er 155 : (1957) 2 wlr 760 and instructive observations of his lordship in ilr (1972) andh pra 683 : 1972 cri lj 1485, sessions judge, .....
Tag this Judgment!Court : Guwahati
..... emphasis added)there is thus an implied duty not only on the detaining authority but on the machinery of detention to act fairly and justly and the agency responsible for supplying the materials to the detaining authority for exercising powers under section 3(2) of the act must behave in a responsible manner and bring all relevant facts which have a bearing on the issue to the ..... court was that it was not the duty of the state government to forward the representation; all that the state government had to do under section 3(5) of the act was to make a report of the detention to the central government and to send therewith a copy of the grounds of detention as contemplated under section 3(5) of the act, which it had, done on 29-11-1982 in due compliance with the said provisions.4. the order of detention states that it was necessary to ..... act also contains a provision in section 3(2) thereof which is similar in terms to section 3(5) of the national security ..... court to secure his liberty from detention made under section 3(2) of the national security act, 1980 (shortly 'the act') by the govt. ..... whisper of awareness of the detaining authority of either the petitioner being in actual confinement on the date when the order was passed against him or of the 'compelling necessity' to detain him notwithstanding prosecution or investigation, of cases, pending against him ..... 14-20/82 does not arise.the order of detention under the national security act is independent of any criminal case in which the .....
Tag this Judgment!Court : Guwahati
..... may be necessary.there, is no dispute that those who conducted the search in the instant case belonged to the armed forces as defined under section 2 of the aforesaid act and also it is undisputed that the area in which the house of the search fell was a disturbed area. dr. ..... the members of the armed forces are authorised to enter and search without warrant any premises for the purpose of arresting any person who in their opinion is acting in contravention of any law or order for the time being in force and/or to recover any arms, ammunitions or explosive substance believed to be unlawfully kept in such premises and also may for that purpose use such force as ..... learned standing counsel for mizoram pointed out that by virtue of the provisions of section 3(d) of the armed forces (assam and manipur) special power act, 1958 which has been in force in the union territory of mizoram. ..... on this information investigation was started by the police and on completion of the investigation charge-sheet was submitted against him. ..... learned defence counsel in the trial court preferred an appeal against the conviction and sentence and another appeal was filed through jail by the accused-appellant himself. ..... a lieutenant in the mizo national front.on removal of the pillow which was being used by the accused-appellant, si saisiama found one m-20 pistol loaded with one round in the chamber and 7 rounds in its magazine. .....
Tag this Judgment!Court : Guwahati
..... provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61 : provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the government of india or the government of a state. ..... of india seeks, inter alia, a declaration that section 6 of the act is unconstitutional and void; a writ of certiorari quashing the notification declaring the district as a disturbed area; an order or direction commanding the respondents to pay exemplary damages to the persons affected in person or properties; to forward the papers of this case accompanied by a writ of mandamus to the superintendent of police of the district; to treat those as information of cognizable offences and to commence investigation as prescribed under the law; and lastly, to formulate ..... rights of the residents of the district, after some members of the national socialist council of nagaland attacked the assam rifles post at qinam village and made off with some arms and ammunitions, and in course of the subsequent combing operations carried out by the armed forces, taking over the administration of the district in purported exercise of powers given under the act, the naga people's movement for human rights (npmhr) as petitioner in this .....
Tag this Judgment!Court : Guwahati
..... there are thus likely to be some complaints of human rights violation in these areas and if persons who suffer such violation of humanrights are made to lodge their complaints to the headquarters of the national human rights commission in delhi and await investigation by the agency of the national human rights commission in delhi, speedy recourse to justice in case of human rights violation may not be achieved. ..... sana, learned counsel for the petitioner, submitted that the preamble of the protection of human rights act, 1993, (hereinafter referred to as 'the act, 1993'), makes it clear that the act, 1993, has been made for the constitution of a national human rights commission, state human rights commissions in states and human rights courts for better protection of human rights and for matter connected therewith or incidental thereto. ..... chakraborty, relying on the averments in the affidavit-in-opposition filed on behalf of respondents-1 and 2, submitted that the word 'may' in section 21 of the act, 1993, indicates that a discretion has been vested in the state government to constitute or not to constitute a state human rights commission. ..... but the national human rights commission in its annual report for 1998-99 has appealed to different state governments to set up state human rights commission, paragraphs 15.8 and 15.9 of the said annual report of the national human rights commission -1998-99 which are relevant for this case are quoted hereinbelow: '15.8. .....
Tag this Judgment!Court : Guwahati
..... the categories of persons identified for the above purpose are:(a) presiding officer of any labour court or industrial tribunal constituted under the industrial disputes act, 1947 or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state, or(b) commissioner for workmen's compensation, or(c) any officer with the experience as a judge of a ..... the learned counsel though conceded that the assistant labour commissioner, tinsukia, at the relevant time might not have been the authority under section 15 of the wages act, the petitioners having submitted to his jurisdiction, the plea of want of competence is untenable, they not having challenged the notification ..... in absence of any affidavit by the state respondents disclosing the source of authority of the state government to appoint the assistant labour commissioner, tinsukia, to act as the authority under section 15 of the wages act or the notification of appointment, i am of the view, having regard to the statutory enjoinment, that the aforementioned officer in the instant case could ..... petitioners to the jurisdiction of the assistant labour commissioner, tinsukia, does not appeal to this court in face of the scheme of the above legal provision ..... is no rule with regard to a writ of certiorari that it would issue only when there is no other equally effective remedy and if requisite grounds exist, certiorari would lie although a right of appeal is conferred by the statute. .....
Tag this Judgment!Court : Guwahati
..... an accused charged with for non-bailable offence may be released on bail only when the investigating agency failed to submit the charge-sheet within the period prescribed under section 167 of the criminal procedure code. ..... 17(1)/49/80-h(pt) dated 1.3.2007 make this order directing that the above said person who is now in police custody be detained under section 3(2) of national security act, 1980 until further orders.given under my hand and seal of the court on this fourth day of may, 2007.sd/-(a. ..... the documents on the basis of which the grounds of detention were made under section 8 of the national security act, 1980 are as follows:(i) your statement given before the i.o. ..... ibocha singh, district magistrate, imphal west, manipur in exercise of the powers conferred under sub-section-3 ofsection-3 of the national security act, 1980 read with home department's order no. ..... ibocha singh, district magistrate, imphal west, manipur am satisfied that his activities are prejudicial to the maintenance of public order under section 3(2) of national security act, 1980;whereas, it is considered necessary to detain md. ..... 2 under section 3(2) of the national security act, 1980 (annexure-n/1 to the writ petition).3. ..... 2007, while the petitioner was at the court premises of the learned judicial magistrate 1st class, imphal, furnished with a copy of the impugned detention order dated 4th may, 2007, detaining him under the national security act.4. .....
Tag this Judgment!Court : Guwahati
..... collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves;(m) to take charge, as a police officer on duty, of all unclaimed property and take action for their safe ..... relating to extradition, or otherwise, liable to be apprehended or detained in custody in india; or (h) who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the ..... on the further defence whether the accused was justified in killing within the ambit of section 3 of the criminal law act (northern ireland) 1967, on the facts of the case, the court of appeal recorded that there was nothing in the evidence of the case that the accused thought that the driver ..... cooperating with other relevant agencies in implementing due measures for prevention of crimes;(f) to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint;(g) to register and investigate all cognizable offences coming .....
Tag this Judgment!Court : Guwahati
..... differently, it was contended that since the mv act is a new legislation and later in point of time to ipc, it cannot be said that the legislatures did not visualize these aspects to give a free hand to the investigating agency or courts to readily invoke the provisions of ..... punishments for the aforesaid offences, precisely under chapter xiii, the legislature has also empowered the courts and investigating agency to disqualify the guilty drivers or suspend and cancel their driving licence in addition to awarding substantive punishment. ..... act is that of six months for the first offence whereas if the investigating agency and courts invoke the penal provisions ..... accidents account for 33.6% of total accidental deaths both the drivers as well as the investigating agencies are totally oblivious to this situation. ..... ) as the court may specify and the plea of guilt indicated in the money order coupon itself.provided that the court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the court with his ..... (2) the operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order ..... and suicides in india' reports, published by the national crime records bureau, govt. ..... (2008)2scc417 ..... 2008 .....
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