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SC reiterates ‘bail is rule, jail is exception’ while granting relief to Hemant Soren’s close aide | India News – Times of India

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NEW DELHI: The Supreme Court on Wednesday granted relief to Jharkhand chief minister Hemant Soren’s aide Prem Prakash in an illegal mining related case registered by the Enforcement Directorate. The top court set aside the March 22 order of the Jharkhand High Court denying him bail and directed the trial court to expedite the trial in the case.While granting bail, the apex court reiterated that bail is the rule and bail is exception.The court said that this principle is also applicable in money laundering cases.”Twin test under section 45 of the PMLA does not take away this principle,” the bench held.A bench of Justices BR Gavai and KV Viswanathan said that ‘bail a rule, jail an exception’ is part of fundamental right under Article 21 of Constitution and deprivation of liberty can be done only following due procedure of law.The top court referred to its ruling in the money laundering and corruption cases involving former deputy chief minister Manish Sisodia and said that liberty of the individual is always the rule and deprivation of it by procedure established by law is the exception.The top court also said that any confessional statement made by an accused in police custody cannot be the basis to arrest him in another case.

What is the ‘bail is rule and jail an exception’ principle?

The ‘bail is the rule, and jail is the exception’ principle was first used in the 1977 landmark judgment of the ‘State of Rajasthan vs Balchand alias Baliya’ case. The ruling said that bail should be denied only in circumstances where there is a risk of the accused fleeing from justice, obstructing justice, repeating offenses, or intimidating witnesses. This concept has been cited in numerous cases since, reinforcing its importance in upholding personal liberty.”The basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offenses or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. When considering the question of bail, the gravity of the offense involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court,” the 1977 bench said.The top court has consistently reiterated this principle in various judgments. In 2011, the court granted bail to five accused in the 2G spectrum case, including Sanjay Chandra, while underscoring that bail is the rule.Similarly, in 2019, the court granted bail to P Chidambaram in the INX Media case, despite the seriousness of economic offenses, affirming that the fundamental jurisprudence of bail remained unchanged. In November 2020, the Supreme Court extended interim bail to journalist Arnab Goswami, highlighting the critical nature of personal liberty and the principle of bail as the norm.CJI DY Chandrachud, in his address at the All India District Judges Conference in March, voiced concerns about the declining adherence to this principle in lower courts. He emphasized the need for judges to prioritize personal liberty and adhere to the established legal standard.

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Agriculture

Will Telegram be banned in India? Five exam controversies linked with this app – Times of India

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NEW DELHI: Telegram, a popular messaging app with over 5 million users in India, is facing an uncertain future as the government intensifies its scrutiny of the platform. A recent probe by the Centre into extortion and gambling activities has cast a shadow over the app’s operations, raising the possibility of a potential ban.Adding to the app’s challenges, Telegram’s co-founder and CEO, Pavel Durov, was arrested in Paris on Saturday (August 24) as part of a preliminary police investigation.The allegations against Durov include allowing a wide range of crimes due to inadequate moderation and insufficient cooperation with law enforcement. This development adds another layer of complexity to the ongoing scrutiny of Telegram.The fate of the app in India now depends on the findings of these investigations. Authorities are examining the platform’s role in various illicit activities, and potential consequences could range from stricter regulations to a complete shutdown.Telegram: A Haven for Exam Paper LeaksTelegram’s strong privacy features, intended to protect user data, have inadvertently created a safe space for illegal activities, including the leaking of exam papers. The app’s ability to conceal users’ identities, such as their name, number, and photo, makes it difficult for authorities to trace those responsible.Several exam papers, including those for the UGC-NET 2024, NEET UG, CISCE, and MPPSC, have been leaked on Telegram, raising serious concerns about the app’s role in facilitating academic fraud and undermining the fairness of educational assessments.UGC-NET 2024 Paper LeakThe UGC NET 2024 exam, conducted on June 18, 2024, was marred by a significant paper leak circulated on Telegram. This breach led to the cancellation of the test for approximately 9 lakh candidates, highlighting the vulnerabilities in the examination process and the need for stronger preventive measures.NEET-UG 2024 Paper LeakThe NEET UG exam, held on May 5, 2024, also suffered a paper leak, reportedly originating in several districts across Bihar, Jharkhand, Rajasthan, and Haryana. The incident, suspected to be connected to Telegram, compromised the fairness of the exam for thousands of aspiring medical students, prompting calls for stricter security measures.MPPSC Paper LeakThe Madhya Pradesh Public Service Commission (MPPSC) exam was similarly compromised by a paper leak on June 22, 2024, with the leaked paper circulating on Telegram and reportedly sold for Rs 2,500. This sparked widespread outrage and concern over the integrity of the examination process.UP Police Exam Paper LeakThe Uttar Pradesh Police Constable recruitment process has faced repeated disruptions due to paper leaks. Initially scheduled for February 2024, the exam was canceled due to a leaked paper and rescheduled twice, only to face further rumors of leaks that led to additional cancellations. Despite ongoing investigations and reassurances from the Uttar Pradesh Police Recruitment and Promotion Board (UPPRPB), concerns remain high.CISCE Std 12 Chemistry Paper LeakThe Council for the Indian School Certificate Examinations (CISCE) canceled the ISC Chemistry Paper 1 exam on February 27, 2024, just before it was set to begin. The cancellation, due to the exam paper’s widespread circulation on platforms like Telegram and WhatsApp, marked the second such incident in 15 years, underscoring the challenges in maintaining exam integrity.

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‘6-7 bullets fired, bombs hurled’: BJP leader Priyangu Pandey claims TMC goons attacked his car | India News – Times of India

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NEW DELHI: BJP leader Priyangu Pandey was reportedly shot on Wednesday in the Bhatpara area of North 24 Parganas in West Bengal during a 12-hour ‘Bengal Bandh.’ Pandey alleged that people associated with the TMC attacked his car and opened fire, resulting in injuries to two people, with one in critical condition.”Today I was going to our leader Arjun Singh’s residence…We moved some distance and the road was blocked by a jetting machine from Bhatpara Municipality.The moment our car stopped, around 50-60 people targeted the vehicle. 7 to 8 bombs were thrown at my vehicle and then 6-7 round firing was done,” Pandey said.”This is a joint conspiracy of TMC and the police. They planned my murder. The police supported and gave information. My security was withdrawn and then this incident happened,” he added.Another party leader Arjun Singh claimed that the attack on Pandey took place in the presence of senior Bengal police officer.”Priyangu Pandey is our party leader. Today his car was attacked and firing was done. The driver has been shot. 7 round firing was done. This was done in the presence of the ACP. Planning was done to kill Priyangu Pandey. TMC is left with no issue therefore they are doing these kinds of things. Two people are injured, one among them is serious,” he said.BJP leader Suvendu Adhikari also reacted to the incident and accused the TMC-led West Bengal government of trying to force BJP off the street.Taking to X, Adhikari said, “TMC goon opening fire on eminent BJP Leader Priyangu Pandey’s vehicle at Bhatpara. The driver of the vehicle is shot.””This is how Mamata Banerjee & TMC are trying to force BJP off the street. The Bandh is successful and people have supported it wholeheartedly. The toxic cocktail of Police & TMC Goons won’t be able to scare BJP,” he added.This comes amid BJP’s call for a 12 hour strike against the police action on the participants of the march to state secretariat Nabbana demanding the resignation of the chief minister Mamata Banerjee over the rape-murder of a doctor at RG Kar Medical College and Hospital in Kolkata.

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Indian Railways links DigiLocker with its hiring portal; here’s how it will reduce railway jobs recruitment time frame – Times of India

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Indian Railways has integrated DigiLocker, a digital document wallet launched by the Ministry of Electronics and Information Technology, with its recruitment portal. This integration allows job aspirants to link their digital documents, which are considered equivalent to the original physical ones. According to an ET report, the move is expected to significantly reduce the recruitment time frame for Indian Railways jobs from the current 18-24 months to less than six months.As the largest recruiter in the country, the Indian Railways receives applications from millions of candidates. The integration with DigiLocker will streamline the document verification process, reducing the time required to vet documents and minimizing instances of fake documents being uploaded to claim eligibility for government jobs. The Railway Board has decided to fully integrate all Indian Railways recruitments with DigiLocker, making the entire document verification process DigiLocker-based. Additionally, calls for medical check-ups and appointment letters will also be issued through DigiLocker.Since the easing of Covid-19 restrictions, the railways has conducted two major examinations involving more than 23.7 million candidates, resulting in the recruitment of 1,30,581 candidates, as informed by Union railways minister Ashwini Vaishnaw to the Rajya Sabha. To further streamline the recruitment process, a system of publishing an annual calendar for recruitment to various categories of group ‘C’ posts has been established this year. Between January and July 2024, five centralised employment notifications for 40,554 vacancies were issued under the annual calendar, covering posts such as assistant loco pilots, technicians, sub-inspectors, constables in Railway Protection Force, junior engineers, depot material superintendents, and chemical and metallurgical supervisors.

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