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Archive for the ‘Media’ Category

One married man commits suicide every 9 min

Posted by iluvshrutiverma on February 22, 2010

Family problems, illness, love affairs, bankruptcy identified as top causes.

We need a Men’s welfare Ministry since theres no avenue to safe guard a Man’s rights presently, the society is conditioned to ignore and ridicule Men’s issues. Men’s issues are listed below for reader’s reference.

Men and boys are always expected to be and conditioned to become protectors and providers, and also routinely portrayed as

* Oppressors, aggressors, wife-beaters, dowry-seekers, bride-burners, sexual perverts, pimps, cheats, criminals, murderers, rapists, drug-peddlers, terrorists, etc. who ought to be restrained through inhuman, draconian laws;

* Idiots, pathetic, uncouth and inferior creatures who are constantly in need of rescue by their “superior” wives, girlfriends or female relatives who are set to overhaul them;

Read more at http://aimwa. in/about/ aimwa-charter

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Blame judges for 3 crore pending cases

Posted by iluvshrutiverma on February 12, 2010

http://timesofindia.indiatimes.com/city/delhi/HC-judge-lashes-out-against-culture-of-adjournments-/articleshow/5511075.cms

NEW DELHI: A Delhi high court judge has blamed his colleagues for the
“culture of adjournment” that often prolongs cases for years.

Rueing the “latitude shown by the high court” to lawyers who plead for
adjournments, justice S N Dhingra said: “*It appears as if there is an
understanding between the courts and advocates *that come what may the
orders of trial courts refusing adjournments shall be set aside on mercy
pleas and one more opportunity shall be granted.”

*Claiming that courts often grant adjournments on “frivolous grounds”,
Dhingra said: “A separate breed of advocates has cropped up who are experts
in pleading for adjournments and dragging cases. This culture has to be
brought to an end,”* the HC noted, while upholding a order passed by a
guardianship court in a child custody dispute between a couple. The court
refused to adjourn the case when the *woman’s lawyer claimed that he had
left the case files in his car which was stolen 11 days ago. *

The last line shows the cute argument by the lawyer!  If you think that a
lawyer will not lie about his car being stolen, maybe you need an education
in what lawyers in India can get away with.  In BMW case, the
‘well-respected’ defence lawyers who influenced a key witness and were
caught in a sting operation were fined a mere Rs 2,000 by the bar council
and were not allowed to take cases for 2 months.  Long live bar councils!  I
am not saying that, lawyers are.

The HC agreed with the decision of the lower court to proceed with the
hearing and close cross examination of witnesses, despite protests by the
advocate of the child’s mother. “*Adjournments are sought in the name of
strikes, elections, personal difficulties of the senior or briefing counsels
or because two counsels agree to an adjournment*…

Did you read the last part… *two counsels agree to an adjournment… *so now
if you have a doubt how come your case drags on for so long, don’t just
blame other party’s lawyer; it could well be your own lawyer is a willing
party to this *adjournment game at your expense*.

This whole culture of adjournment is a major reasons why a *case or a
petition, which should be decided in two or three hearings, is disposed of
in more than 100 hearings,” *the HC noted while dismissing the appeal filed
by the child’s mother against the lower court’s order.

This is a damning indictment of judiciary and judges.  On one hand, prime
minister, law minister, and chief justice rue about 3 crore plus cases
pending in courts; but if a case is dragged from 3 hearings to more than
100, even god in his next avatar cannot reclaim the judiciary from sinking
down.
*Since lawyers do their job in representing their clients, the majority of
blame lies with judges in granting adjournments at the drop of a hat.*

http://wp.me/plC3a-bs

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Self-immolation bid ‘to teach in-laws a lesson’ backfires

Posted by iluvshrutiverma on December 7, 2009

http://mid-day.com/news/2009/dec/071209-attempted-suicide-woman-booked.htm

Cops book woman for attempting suicide after they find no harassment
A woman who set herself ablaze after a quarrel with her in-laws has been booked for attempting suicide, as the police believe she did it only to get her way by dangling the sword of the domestic violence law over her husband’s parents.

Mary Sunitha (35), who was admitted to the Victoria hospital burns ward, told the police that she had set herself on fire because she was unable to bear the harassment she was subjected to by her in-laws.

At first the police thought it was another case of dowry harassment, but investigations by Assistant Sub Inspector Shanth Rajaiah made them change their opinion. Now Sunitha can be sentenced to a year’s imprisonment by the court for attempting suicide.

Denied expenses

The police said Sunitha used to spend most of her time outside the home, which had irked her in-laws. They said though Sunitha and her husband, Stephen Raj, worked with a private firm and earned well, she would give her in-laws not more than Rs 300 per month for their expenses.

The police said one day Sunitha’s father-in-law had had enough and decided to talk to her. He objected to her attitude towards the home and scolded her for spending her time outside.

Playing with fire

The police said Sunitha decided to “teach her in-laws a lesson” by attempting suicide as that meant they could be booked for domestic violence. The relevant law holds the in-laws responsible for pushing their son’s wife towards suicide in case they have subjected her to mental or physical harassment.

Sunitha doused herself with kerosene and set herself ablaze. Stephen Raj, with the help of neighbours, rushed her to a private hospital and later shifted her to Victoria, where she is said to be out of danger.

Assistant Sub Inspector Rajaiah of the Gangammana Gudi police station investigated the case, in the course of which he also recorded Sunitha’s statement, and concluded that taking the extreme step was unwarranted in the circumstances. The officer found Sunitha’s actions directed only towards putting members of the family in trouble.

After consulting his seniors, Rajaiah booked her for attempted suicide.

False cases on rise

A senior judicial officer, who did not want to be named, said of late a majority of dowry harassment and domestic violence cases were turning out to be abuse of the law by women who were using it as a tool to blackmail husbands or in-laws. “A rough estimate is that over 80 per cent of such cases are fake and result in acquittal of those accused of domestic violence,” said the judicial officer.

In the law book Attempt to suicide is treated in Sec 309 of IPC
Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for term which may extend to one year (or with fine, or with both).

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Police inspector commits suicide bec of wife torture

Posted by iluvshrutiverma on November 21, 2009

http://timesofindia.indiatimes.com/city/nagpur/PSI-shoots-himself-dead-with-service-revolver/articleshow/5249121.cms

PSI shoots himself dead with service revolver

NOTICE THE BIAS: It is known that the suicide happened because of the torture from wife, and the police is still probing the matter further. If it was a wife who died for any reason, her husband would have been arrested automatically!
AMRAVATI: A police sub inspector, presently posted at Akola Control Room, shot himself with his service revolver in the wee hours of Thursday at Amravati.
According to information from the police department, the deceased PSI has been identified as Amol Datir (42), a resident of Jagriti Colony in Amravati. He had been posted to Akola Control Room some time back. PSI Datir was an intelligent officer, his fellow officers have said. He had completed his MSc and then passed the MPSC exam in the first attempt in 1995.
On Wednesday night, at around 1.50am, Datir shot himself with his service revolver and died on the spot. Sources said that he had a dispute with his wife, who had lodged a complaint against him in 2006 at Akola police station. After this complaint, offences had been registered against PSI Datir under 498 section of IPC. It is also learnt that his wife had filed a case against him and demanded alimony from him. The hearing in this case was scheduled on Thursday.
Datir had been under tremendous tension after his wife lodged the complaint against him, as she had also levelled allegations against Datir’s family members also. Sources also said that Datir had been suffering from peptic ulcer since many days and had been on leave for the last three months. It is conjectured that Datir took the extreme step due to tremendous pressure on him.
Gadge Nagar police have registered offences under relevant sections of IPC and are probing the matter further.

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We don’t need dowry, cry harassed husbands

Posted by iluvshrutiverma on November 20, 2009

 

Friday, 20 November 2009 08:55
On International Men’s Day, married men demand end of  torture from women, who misuse law to their advantage.
In a role reversal of sorts, approximately 300 married men pleaded an end to torture by their wives on International Men’s Day yesterday.
The harassed husbands carried banners against the misuse of dowry by their wives, as they participated in a rally organised by the Protect India Family Foundation, Indian Family Foundation and the Child’s Right and Family Welfare, from Mulund to Azad Maidan.
Injustice
“We are professionals, who don’t need dowry, but are still harassed,” said Dipak Nachankar, who has not met his granddaughter for two years.
He added, “Our rights are violated by women, who take advantage of Section 498(a) of the IPC.

HAPLESS: The harassed husbands at a rally from Mulund to Azad Maidan yesterday.

Moreover, there are some who pay maintenance and are yet not allowed to see their children. What kind of justice is this?”

Surinder Kaur (60) weeps as she recounts meeting her grandson at the Bandra family court.

“Goldie (10) didn’t look at me and refused my gifts. He called his father uncle” said Kaur, whose son separated from his wife in September.

The group submitted a memorandum to Mantralaya and the family court listing a series of points, including a demand to introduce a suo motu punishment in the IPC for the misuse of any law, irrespective of the gender.

1.2 lakh

The number of harassed husbands who have committed suicide in the last four years across India

Rs 4,500 Cr

The amount lost every year due  to arrests in dowry harassment cases

Did you know?

Men pay 82 per cent of India’s taxes

Section 489(a)

According to Section 498(a) of the Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects the woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

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Saas wins against bahu

Posted by iluvshrutiverma on November 6, 2009

ONLY WOMEN CAN WIN AGAINST WOMEN

THIS IS A NEW BEGINNING FOR ALL THE HARASSED MOTHERS IN LAWACROSS THE COUNTRY

http://www.telegraphindia.com/1091106/jsp/calcutta/story_11698981.jsp

– Court orders police to help old woman move back into usurped address
RITH BASU
Uma Dutta in her rented Patuli house. (Sanat Kr Sinha)

An elderly woman tortured and driven out of the house that her husband had built for her has found justice after a four-year court battle against her daughter-in-law.

Tears welled up in 71-year-old Uma Dutta’s eyes after an Alipore court ruled last Friday that she and her son Pratik were the rightful owners of the two-storeyed Garfa North Lake Road property usurped by bahu Runa Paul, 32.

The court asked Kasba police station to file a report on Uma’s allegations about political interference and police laxity by November 30 and also “maintain close vigil to ensure that the petitioner can live in the property peacefully”.

For retired railway pensioner Uma, the verdict was much more than just getting her Kasba house back from the clutches of her daughter-in-law who apparently has quite a track record of marriage-and-dupe.

“She (Runa) and her friends in the CPM had tied me to a chair and assaulted me when I refused to transfer the house in her name on July 25, 2005. They kept me without proper food and medicines for six days. I survived on puffed rice and water,” recalled Uma, who suffers from multiple ailments.

Son Pratik, who has a law degree but no regular source of income, sided with his mother after learning that Runa was thrice married before they met. “She had harassed and duped her previous in-laws, too,” said Uma’s lawyer Dipit Bose. Only one of Runa’s earlier marriages was registered, the lawyer added.

Runa and Pratik married in October 2003 and she allegedly started demanding Rs 6 lakh to open a pharmacy within three months of the wedding.

“She would turn violent when my son and I stood up to her. She got some local CPM leaders to intimidate us. When we decided to go to the police, the CPM activists threatened to frame us in a robbery case. Runa then threatened to slap a case under 498A of the IPC (torture for dowry) against me and my son,” said Uma.

A former office superintendent with the railways, Uma and her son have been living in a rented Patuli house since leaving their Garfa home. Runa has rented out a part of the two-storeyed house and occupied the remaining portion along with her extended family.

The inspector-in-charge of Kasba police station, Shankar Prasad Biswas, said he could act against Runa only after receiving a copy of the court order.

Runa was unavailable for comment. When Metro visited the Garfa house, nobody answered the doorbell. Neighbours have nailed a board to a wall of the house, warning prospective property buyers against dealing with Runa.

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Cruel marriage law being misused, so don’t rush to arrest: Centre to states

Posted by iluvshrutiverma on November 3, 2009


New Delhi: For years, there has been loud debate and even orders from courts to do away with or, at least, amend Section 498 A of the Indian Penal Code (IPC), which deals with the offence of matrimonial cruelty. This clause is considered to be rampantly abused, with several examples of husbands and their families being arrested without a preliminary inquiry on allegations of harassing their wives for a range of reasons, including dowry.
Now the Ministry of Home Affairs has written to all state governments, advising them that arrest for an alleged offence under Section 498A should be the “last resort,” not the first step.

In a communication sent to the Chief Secretaries and DGPs of all states and the Administrations of the Union Territories on October 13, the MHA has cited misuse of the clause.

“In some cases, every member of the husband’s family has been arrested, irrespective of whether they had a role in inflicting cruelty on the married woman or not. In some cases, the provisions have been used to settle personal scores. Cases have been reported where momentary anger has resulted in invocation of Section 498A, which resulted in the arrest of the members of the family shutting down any possibility of reconciliation in future and total collapse of the marriage. Even where there is a divorce proceeding, the case under Section 498A continues to persist because of the offence being non-compoundable,” the letter says.

Section 498A, incorporated in the IPC in 1983, provides for adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives. The maximum punishment under the Section is three years and/or fine.

The MHA letter, incidentally, says that in light of judicial pronouncements, an attempt was made earlier to find a via media by amending Section 498A to make the offence compoundable. “However, this could not be pursued because of the opposition from women organisations,” the letter says.

Incidentally, in its judgment in Savitri Devi vs Ramesh Chand and others in 2002, the Delhi High Court observed: “…the misuse of the provisions of Section 498A…is hitting at the very foundation of marriage itself and has proved to be not so good for the health of the society at large.”

This was echoed by the Supreme Court in Sushil Kumar Sharma versus Union of India and Others. “The object of Section 498A is to prevent dowry menace. But…many instances have come to light where the complaints are not bonafide and…filed with oblique motive. It may become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with.”

In 2003, the Justice Malimath Committee, submitted a report to the MHA on reforms in the Criminal Justice System, recommended that the Section be made bailable and compoundable to give a chance to the spouses to come together.

 

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Harassed husbands call for gender-neutral laws

Posted by iluvshrutiverma on November 1, 2009

http://www.asianage.com/presentation/leftnavigation/supplements/delhi-age/harassed-husbands-call-for-gender-neutral-laws.aspx – Shruti Badyal

(The journalist’s name is Shruti – and that is my favorite name for obvious reasons)

While much has been discussed about domestic violence against women, are there enough laws drafted to protect men in case of harassment as well? To seek answers for the same, Save the Family Foundation organised a protest against the Domestic Violence Act in the capital recently. According to many activists, the act is full of loopholes and is increasingly being misused by many women. Victims and NGOs working in the city to help harassed husbands now call for gender-neutral laws and highlight the loopholes in the existing laws.

“Section 19 of the Domestic Violence Act says that on the sole testimony of the victim (woman), the judge may presume that some domestic violence may have happened, without listening to the accused. And the judge may also pass a protection order. This is against the basic human rights. Shouldn’t a man be given the chance to prove himself?” says Neeraj Aggarwal, coordinator of the Save Family foundation.

Another section which favours women is Indian Penal Code’s (IPC) section 498A. Niladri Das, secretary, Gender Human Rights Society explains, “Section 498A is a non-bailable offence which protects married women from cruelty subjected to her by her husband or in-laws mainly for the purpose of dowry. And a case can be filed on mental and physical cruelty under this section. Since it’s non bailable, women have misused this law to settle scores in bad marriages and husbands are put behind bars without any evidence. At least this should be made a bailable offence.”

Interestingly, NGOs working in the field stress on the need for many more measures to ensure that there are no loopholes in the law and both genders enjoy equal rights. “Stringent penalties should be imposed on people who misuse this law to discourage its abuse by women, arrests should be made ‘only’ if there is irrefutable evidence of grave physical harm, the trial for 498A must be time bound and completed within 6 months to a year and all anti-dowry laws should be gender-neutral since both giving and taking of dowry are punishable offences,” concludes Dr Anupama Singh, president, Rakhsak, India.

Male victims who have suffered domestic violence blame factors other than just law for the injustice they are subjected to. “Cops play a major role in the process and often harass men without any evidence. My wife filed a case against me, complaining that I beat her but the dates she mentioned in the complaint were days when I wasn’t in Delhi. So when cops knew I had evidence to save myself, they secretly asked them to change the dates and filed a fake chargesheet against me,” says Ashish Kumar Sinha, a software engineer.

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Now, a forum for ‘tortured’ husbands

Posted by iluvshrutiverma on October 31, 2009

http://timesofindia.indiatimes.com/city/hyderabad/Now-a-forum-for-tortured-husbands/articleshow/5182345.cms

HYDERABAD:It wasn’t the voices of victimised women but those of men complaining of “wicked wives’’ that were heard the the most during this domestic violence awareness month that ends today, October 31.

The month may have been earmarked to coax women to step out of their homes to file cases against cruel husbands, but in Hyderabad men were seen asking “aggrieved’’ husbands to report the ill-treatment meted out to them by their wives.

Having found a confidant in each other, these men, claiming to be victims of false dowry harassment cases and domestic abuse, toured the city roads distributing pamphlets about the absence of a law to protect them against such ill-treatment and the need for more ‘male-oriented’ policies. They held campaigns and seminars where they accused the society of being biased towards women and prejudiced against men, and went from one locality to the other asking other traumatised husbands to come forward and report such incidents.

The ‘tortured spouses’ also launched an All-India Men’s Welfare Association (AIMWA) to take their battle to a higher level and call for a separate ministry for safeguarding the interests of men like them. “India even has a separate ministry for animals. Why should the men be left out then?” said S Venugopal, convener of Save India Family Foundation (SIFF), Andhra Pradesh chapter, the body that facilitated the launch of AIMWA. Venugopal, who joined this group around six months ago says that the awareness about these social groups is increasingly growing among men in the state who, unlike in the past, are now willing to
come out and share their experiences with the world. “When I joined SIFF there were indeed a few others like me. But today the numbers have doubled,” he said.

Parthasarathy T R, one of the founders of AIMWA agrees with this as he goes on to point out how the three helplines, that are available for such male victims, have not stopped ringing ever since they held these rallies. “Each of these numbers receive close to 30-40 calls a day as against 10-15 previously, from distressed husbands,” he said. These organisations are also conducting an increased number of counselling sessions for such men now, who they say, tend to develop suicidal tendencies if not attended to. “The pain and agony that men go through, when subjected to domestic violence is much like what women face, when ill-treated. But everybody sympathises with the women, the men find no listeners,” said Mohammed Jaleel a member of AIMWA adding, “Whenever I tried to tell people how I was wrongly framed, they either thought I was mad or was trying to cover my misdeeds of harassing my wife by saying all that. Nobody believed anything that I said until I joined this forum.”

Curiously, much like in the case of women, the stories of harassment of these husbands are also related to their in-laws. While some complain of their in-laws forcing them to become ‘ghar jamais’, others allege that their influential in-laws have got them beaten up by the police without even filing a case. Home truths of another kind.

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Cruelty against women; Court concerned over misuse of law

Posted by iluvshrutiverma on October 17, 2009

http://www.indianexpress.com/news/cruelty-against-women-court-concerned-over-misuse-of-law/529372/

New Delhi A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.

“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.

Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.

The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.

After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.

The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.

The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.

“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

The court said that “vague and bald” statements cannot be the foundation for framing of charge.

“When allegations are levelled, the courts are not expected to accept them without applying a judicial mind to the facts and circumstances of the case. The framing of a charge is not a knee-jerk reaction, but is an application of the judicial mind to the evidence before the court,” it said.

The court said that the woman had failed to come up with any specific instance of cruelty in her complaint.

“Facing a criminal trial is not an easy task, it is an ordeal. A person accused of an offence is not only socially stigmatised, but also has to invest time, money and energy in protecting his liberty and reputation,” it said.

A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
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The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he saidA Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
Ads by Google
The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

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