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Examining ‘instigation’ critical in abetment cases | Mumbai News – The Times of India

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Examining ‘instigation’ critical in abetment cases | Mumbai News – The Times of India


Mumbai: As suicide cases and their abetment arise in courts at regular intervals, the top court has expounded that judges have the onerous task of examining the element of “instigation” by the alleged accused and to examine each case on its own facts and merit. The Supreme Court has time and again held that what amounts to abetment is the actual instigation.
As provided in the erstwhile Section 107 of Indian Penal Code — for all the existing cases prior to the new BNS — a person can be said to have abetted in doing a thing if he instigates any person to do that thing. “Thus, it is manifest that direct involvement of the person or persons concerned in the commission of the offence of suicide is essential to bring home the offence under Section 306 (abetment of suicide) of the IPC,” said the Bombay HC division bench of Justices Bharati Dangre and Shyam Chandak. In Chitresh Kumar Chopra vs State (Govt of NCT of Delhi), the meaning of the word “instigation”was held as being to “goad,” urge forward, provoke, incite, or encourage to do “an act.” To satisfy the requirement of “instigation,” though, it is not necessary that actual words must be used to that effect or what constitutes “instigation” must necessarily and specifically be suggestive of the consequence, the HC noted. What has to be established, the HC has pointed out, is “reasonable certainty to incite the consequence must be capable of being spelt out.” If a person, by his acts or omissions or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, an “instigation” may have to be inferred, said Justices Dangre and Chandak in the Feb order citing former SC rulings. However, they added, “A word uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be ‘instigation.'” —Swati Deshpande





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Karnataka HC clears BBMP engineer of inaction charges, says he followed tribunal order | Bengaluru News – The Times of India

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The Karnataka High Court quashed an enquiry and charge sheet against BBMP Assistant Engineer BC Sandeep, stating that officials cannot be faulted for not acting on unauthorized constructions when a court-ordered status quo is in place.

BENGALURU: An officer of the state is required to abide by the orders of courts and tribunals. If there is an order from such a court or tribunal restraining the officer from performing any particular action, the non-performance thereof cannot be said to be a dereliction of duty, the Karnataka High Court has observed in a recent order.
Justice Suraj Govindaraj made this observation while quashing the order of entrustment of enquiry to Upa Lokayukta in March 2016 and the charge sheet issued against petitioner BC Sandeep, an Assistant Engineer with the BBMP, in July 2016.
The case against the petitioner was that in 2013, he, along with other officials of the BBMP, failed to take action against an unauthorised construction in 7th Cross, Jayanagar 1st Block, in terms of the Karnataka Municipal Corporation Act, despite the issuance of provisional and confirmatory orders in 2013.
Though his name was in the promotion list, it was not considered, citing a pending enquiry taken up suo motu by the Lokayukta.
Challenging the orders issued against him, Sandeep argued that during the three years he worked, there was an interim order of status quo issued by the Karnataka Appellate Tribunal on November 25, 2013, based on an appeal filed by the owner of the said property.
Hence, he and his superiors could not take any further action vis-a-vis the unauthorised construction/deviation in the subject property. He further claimed that he is duty-bound to follow the orders issued by the courts/tribunals as an official.
On the other hand, the Lokayukta argued that the proceedings against the petitioner needed to be continued as no action was initiated in the matter when violations were noticed.
After perusing the materials on record, Justice Suraj Govindaraj noted that both on the date of entrustment of the enquiry to Upa Lokayukta and on the date of issuance of the charge sheet, the interim order of the KAT was in operation. Hence, the petitioner could not take further action in pursuance of the confirmation order issued under Section 321(3) of the KMC Act, and the same cannot be held against him.
Quashing the proceedings against the petitioner, the judge clarified that the court has not expressed any opinion regarding the other seven persons against whom a charge sheet has been filed.





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Korean Cultural Centre India Hosts Enriching Event for Underprivileged Children | – The Times of India

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A live performance of the Korean folktale Sim Cheong, presented by Indian artists from Theatre I Entertainment Trust. The story, centred on a young girl’s devotion to her blind father, was well received by the children.

As part of its ongoing efforts to bring Korean culture closer to underprivileged children in India, the Korean Cultural Centre India (KCCI) recently hosted a special event for 50 children from Chehel, a Delhi-based NGO. The children, aged between 5 and 15, were treated to a day filled with cultural activities at the KCCI. The experience included trying traditional Korean dishes, wearing the Hanbok (Korean traditional dress), and enjoying Korean games like Jegi, Tuho, and the Stone Tower game. They also visited exhibitions on K-content and webtoons and enjoyed a vibrant Samulnori performance — a Korean percussion music tradition. A Taekwondo demonstration added energy to the event, with children even trying out a few moves themselves.
A major highlight of the programme was a live performance of the Korean folktale Sim Cheong, presented by Indian artists from Theatre I Entertainment Trust. The story, centred on a young girl’s devotion to her blind father, was well received by the children.
Over the past two years, this theatre group has performed Korean folktales at 12 schools across India, reaching more than 2,600 students. They have also staged a musical based on the tale of Queen Heo.
Speaking about their experience of the event, 14-year-old Aradhana said, “This is the first time I’ve witnessed such a cultural performance. Sim Cheong’s courage and love for her father was truly touching.” It was not only the students who enjoyed the performance, but also the volunteers of the Delhi-based NGO. Santosh Kumar, one of the volunteers said, “It is rare for underprivileged children to have the opportunity to gain such holistic experience of a culture that is different from their own. The various activities planned over here made this entire experience very meaningful and diverse.”
Hwang Il Yong, Director of the Korean Cultural Center in India, said, “Rather than offering a one-time material support, we felt our role was to enrich students’ cultural and artistic literacy through education and immersive content. It was truly rewarding to see the joy on the faces of the children and volunteers. I hope this event will provide more opportunities for Indian students to experience Korean culture reimagined through their own lens.”





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‘Your voice is anyway too loud’: Asaduddin Owaisi says Kiren Rijiju ‘joked’ about excluding smaller parties from Pahalgam meet | Hyderabad News – The Times of India

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AIMIM chief Asaduddin Owaisi (File photo)

NEW DELHI: AIMIM chief Asaduddin Owaisi on Thursday appealed to Prime Minister Narendra Modi to extend invitations to all political parties, regardless of their strength in Parliament, for the upcoming all-party meeting on the Pahalgam terror attack.
In a social media post, the Hyderabad MP revealed that he had spoken to Union Minister of Parliamentary Affairs Kiren Rijiju on Wednesday night. According to Owaisi, Rijiju indicated that the NDA government was considering inviting only parties with “five or 10 MPs” to the meeting.
Owaisi further stated that when he questioned why parties with fewer MPs weren’t being included, the minister responded that the meeting could become “too long” and “joked” that AIMIM leaders’ “voice is anyway, too loud”.
“Your own party (BJP) does not have a majority. Whether it is a party with 1 MP or a 100, they were both elected by Indians and deserve to be heard on such an important matter. This is not a political issue, it is a national issue. Everyone must be heard. I urge Narendra Modi to make this a real ALL Party Meeting, every party with an MP in Parliament must be invited,” Owaisi said in his post.
The Centre is scheduled to hold an all-party meeting on Thursday evening, where leaders from various political outfits will be briefed on the terror attack and given the opportunity to share their views.
Defence minister Rajnath Singh is expected to chair the meeting, while both he and Home Minister Amit Shah will provide a detailed briefing, according to official sources.
Emphasising the importance of inclusivity in matters of national security, Owaisi said, “It is not a BJP’s or another party’s internal meeting, but an all-party meeting to send a strong and united message against terrorism and those countries that harbour terrorists.”
He added, “Can’t Narendra Modi spend an extra hour to hear the concerns of all parties?”
The Pahalgam terror attack
In the most brutal terror attack in Jammu & Kashmir since Article 370 was revoked in 2019, at least 28 tourists were killed and many more injured on Tuesday afternoon.
The Resistance Front (TRF), a Pakistan-sponsored offshoot of the banned terror outfit Lashkar-e-Taiba (LeT), has claimed responsibility for the assault. According to eyewitnesses, six suspected foreign militants disguised in Indian Army uniforms carried out the ambush around 1:30 pm. Survivors said the attackers asked people to recite Islamic verses before shooting them at point-blank range, indicating they selected their targets based on religious identity.
The attack coincided with high-level diplomatic engagements—US Vice-President JD Vance arrived in India the same day for a four-day official visit, while Prime Minister Narendra Modi was in Saudi Arabia to strengthen bilateral ties with the Gulf kingdom.
Adding to the already tense backdrop, Pakistan Army chief General Asim Munir had recently delivered a provocative speech, further straining relations between the two nations.
Security experts believe the timing of the attack was calculated to draw international attention and depict Kashmir as a volatile conflict zone that demands global intervention.





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