‘Deceased Was Not Assaulted At Railway Tracks But Elsewhere’ : SC On Mysterious Death Of NLU-Jodhpur Student

first_imgTop Stories’Deceased Was Not Assaulted At Railway Tracks But Elsewhere’ : SC On Mysterious Death Of NLU-Jodhpur Student LIVELAW NEWS NETWORK16 Sep 2020 6:57 AMShare This – xThe Supreme Court on Wednesday came down heavily on the Rajasthan police for the “hasty action” of filing a closure report in the investigation into the mysterious death of Vikrant Nagaichm who was a 3rd-year law student of the National Law University, Jodhpur.The top court junked the closure report and directed a de novo investigation into the case by a fresh team, which is to be…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Wednesday came down heavily on the Rajasthan police for the “hasty action” of filing a closure report in the investigation into the mysterious death of Vikrant Nagaichm who was a 3rd-year law student of the National Law University, Jodhpur.The top court junked the closure report and directed a de novo investigation into the case by a fresh team, which is to be completed within a period of two months.While allowing the writ petition filed by Neetu Kumar Nagaich, the mother of the deceased student, the top court made certain significant observations regarding the circumstances of the student’s death, which happened in 2017.The Court noted that the deceased was stated to have left the University premises along with several friends on the evening of August 13, 2017 at about 07.40 P.M. His dead body was seen the next morning at about 9:00 A.M. on the railway tracks passing behind the college campus.The counsel for the petitioner, Advocate Sunil Fernandes, told the court that as per the entry register of the hostel, the student returned back to the hostel during the night of August 13, 2017.  If the deceased subsequently left the hostel premises again at night, there had to be visuals in the CCTV footage at the gate, the counsel submitted.The SC noted that there were nine very serious injuries on his body which were found to be ante mortem in nature. The Court further observed that there was no blood at the place of occurrence, but there was blood on his clothes. Only one slipper of the deceased was found at the place of occurrence, the Court observed.”It does not leave much to the imagination that the deceased was not assaulted at the railway track but elsewhere”, the bench comprising Justices R F Nariman, Navin Sinha and Indira Banerjee observed in the judgment.The death of the deceased was initially sought to be passed off by the Rajasthan police as accidental by collision with a train or suicidal due to depression. The petitioner’s counsel submitted that the railway authorities stated that none of the drivers of the five trains that passed during the fateful night reported any untoward incident.In the counter-affidavit filed by the Rajasthan police before the Supreme Court, they took the stance that the death was accidental. On July 8, the Court directed the police to complete the investigation within a period of two months. In the closure report, the police however took a different stand, stating it to be a “homicidal death with no clue”.This change of stance by the police was also taken into account by the SC.”The closure report is therefore, to our mind, a clear hasty action leaving much to be desired regarding the nature of investigation, because if a detailed investigation had already been done as is sought to be now suggested, there is no reason why a final report could not have been filed by the investigating agency in the normal course of events and needed an order to do so from this Court. The entire investigation and the closure report therefore lack bonafide. The interest of justice therefore requires a de novo investigation to be done, to sustain the confidence of the society in the rule of law irrespective of who the actors may be”, observed the judgment authored by Justice Navin Sinha.The Court said that the new investigation team should have “efficient personnel well conversant with use of modern investigation technology also”.The petitioner’s counsel had submitted that the police had failed to track the mobile tower location of the student.The student’s father had earlier approached the Rajasthan High Court. The HC disposed of that petition directing the Investigating Officer to file the result of the investigation in the court concerned, reserving liberty to the petitioner to challenge the same.Terming the approach adopted by the High Court to be “misguided”, the SC observed :”Unfortunately, the High Court despite noticing the long pendency of the investigation took a misguided approach that the petitioner had not expressed suspicion against any one and neither had he alleged biased against the Investigating Officer, to pass an open ended order to investigate the case and file a report. In this manner, the investigation remained inconclusive for nearly three long years with the investigating agency sanguine of passing it off as an accidental death without coming to a firm conclusion avoiding to complete the investigation”.Click here to download the judgmentNext Storylast_img read more

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Martinez expects Jagielka return

first_img Press Association “He looks completely regenerated and is desperate to be available. “It will be a late call whether he is available or not but I would be surprised if he doesn’t make the squad for Saturday. “Sylvain Distin again is pushing himself to be available. “We need to carry on with the programme that he has and make sure that the treatment is bringing a good effect. “I would say he is 50-50 for the weekend but now we have hope that we will see Sylvain before the season ends, which is a fantastic bonus.” Everton announced on Monday that full-back Leighton Baines – another England international, like Jagielka – is set to be fit for the City contest despite picking up knocks to his knee and calf during the Southampton game. Martinez added: “Leighton did incredibly well on Saturday to be on the pitch after having a knock because he had some discomfort in his knee. “We had the tests and the scans, and everything is very positive. “He’s going to be treated over the next few days to see how he responds but we don’t expect any major problem, so hopefully he can be involved in Saturday’s game.” Jagielka has not played since late February because of a hamstring problem, while fellow defender Distin missed Saturday’s 2-0 loss at Southampton due to a similar complaint. And Martinez told evertontv on Tuesday: “Phil has done really well in his programme and has developed strength in his muscles. center_img Everton boss Roberto Martinez has reported that Phil Jagielka remains on course to be involved in Saturday’s home clash with Manchester City and rates Sylvain Distin’s chances of featuring in the game as “50-50”.last_img read more

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Trojans brace for final road trip to Colorado

first_imgJunior running back Ronald Jones II speeds past a diving tackler in a game against Arizona at the Coliseum. Photo by Sarah Kim | Daily TrojanAs the Trojans began another week of practice in preparation for Colorado, the team received positive news in the latest College Football Playoff Rankings, which were announced midway through Tuesday’s practice. USC reacts to rankings jump In the first edition of the CFP Rankings, which were released last week, the Trojans came in ranked at No. 17. After a wild week of college football in which four top 15 teams suffered defeats, USC rose dramatically to No. 11, ahead of Ohio State, Penn State and Oklahoma State. “I’m not surprised, I feel like we should be there,” junior running back Ronald Jones II said after finding out about the new ranking. “I didn’t know that we jumped that far, but that’s what’s up. I like that.” The Trojans appeared to be eliminated from playoff consideration when they were crushed by 35 points at the hands of Notre Dame, but now after consecutive wins over Arizona State and Arizona, there seems to be at least a small chance. “We do have that hope,” redshirt sophomore quarterback Sam Darnold said. “But at the same time we’re focused on taking it one week at a time, because if we beat Colorado then we control our own destiny. If we beat UCLA, if we just continue to win games, that’s really all that matters.” It was the second-highest increase in rankings among teams ranked in the CFP Top 25. Michigan State moved up 12 spots to No. 12 after upsetting Penn State on Saturday. Only No. 10 Auburn came in as a higher ranked two-loss team, while No. 9 Washington continues to be the highest-ranked Pac-12 program. “It’s still so early in November,” head coach Clay Helton said. “There are so many games still to be played and decisions to be made. It’s nice to be thought of that way. We still have the opportunity to not only play Colorado but also have another game next week and hopefully have another one after that with the Pac-12 Championship.”Injury Update On Tuesday, several key contributors including junior tight end Tyler Petite (shoulder), senior outside linebacker Uchenna Nwosu (ankle) and freshman placekicker Chase McGrath (groin) were held out of practice with minor injuries. All are listed as day-to-day. Meanwhile, redshirt sophomore defensive lineman Christian Rector (broken hand), junior cornerback Iman Marshall (knee) and redshirt freshman running back Vavae Malepaei (knee) all returned to practice in limited capacities. Helton thinks both Marshall and Malepaei, who suffered similar injuries, could be ready in time for Colorado. “I think both of them showed good signs,” Helton said. “It’s early in the week. We held both last week, being protective, and both of them got live work today, which was good to see.” Scouting ColoradoColorado has regressed significantly from last year’s surprising 10-win season, but the Buffaloes still have bring an elite ground attack to the table behind running back Phillip Lindsay. The high-volume, powerful back has the most carries in the FBS (263) and the fourth-most rushing yards (1,334). “Lindsay jumps out all over the tape,” Helton said. “His ability to be a very durable back, he can touch the ball 30 times, he actually carried it 40 times in one game. Just a very durable back that comes out of the backfield and can be very explosive. I remember him catching a pass against us down the sideline last year on a wheel route.”Helton sees Colorado as a dangerous opponent with plenty to prove this weekend, despite entering as a heavy underdog. “You really see a team that’s playing good football but has lost some very close games,” Helton said. “They’re fighting for bowl eligibility, so we know we’re going to get their best.”last_img read more

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