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Bilkis Bano case: SC notice to Gujarat on plea against release of 11 convicts

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The Supreme Court on Thursday sought a response from the Gujarat government on a plea challenging the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots, while clarifying that it did not grant permission for remission to the convicts but instead asked the government to consider.

A bench, headed by Chief Justice N.V. Ramana and comprising Justices Ajay Rastogi and Vikram Nath, said the question is whether the convicts could have been granted remission and if it was within the parameters of the law.

The Gujarat government released the convicts on Independence Day, which has created a huge political controversy.

Justice Rastogi asked senior advocate Kapil Sibal, representing the petitioners: “Day in and day out, remission is granted to convicts of life sentence, what is the exception (in this matter).”

After hearing arguments, the top court issued notice to the Gujarat government and posted the next hearing after two weeks.

It clarified that its May 2022 order merely held that the remission or premature release should be considered in terms of the policy which is applicable in the state where the crime was committed. “I read somewhere the court has granted permission for remission. No, the court said only to consider,” noted the bench.

The bench asked the petitioners’ counsel to make the convicts in the case party in the plea along with the Gujarat government.

The top court observed orally: “Whatever act was committed; the accused have been punished and convicted.”

It also did not allow a plea by a counsel for one of the convicts to hear him first on the preliminary objections against the maintainability of the writ petition.

The Gujarat government counsel opposed the petition on grounds of maintainability. “Writ is not maintainable. They are strangers,” said counsel.

Sibal, representing the petitioners, narrated the grim facts of the case before the bench.

The bench was hearing a petition filed by CPI-M’s former MP Subhasini Ali, journalist Revati Laul, and Prof Roop Rekha Verma.

Eleven convicts, sentenced to life imprisonment, were released from Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. The convicts had completed more than 15 years in jail.

In January 2008, a special CBI court in Mumbai had sentenced the convicts to life imprisonment for gang-rape and murder of seven members of Bilkis Bano’s family. The Bombay High Court upheld their conviction.

Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning.

The PIL assailed the order of the competent authority of the Gujarat government by way of which 11 persons who were accused in a set of heinous offences were allowed to walk free on August 15, 2022 pursuant to remission being extended to them.

The petitioners contended that grant of remission solely by the competent authority of a state government, without any consultation with the Centre is impermissible in terms of the mandate of Section 435 of the Code of Criminal Procedure, 1973.

Citing the facts of the case, the plea contended that no right-thinking authority applying any test under any extant policy would consider it fit to grant remission to persons who are found to have been involved in the commission of gruesome acts.

Crime

16 Bangladeshis, including 7 minors, apprehended in East Delhi

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New Delhi, June 2: In a drive against Bangladeshis illegally living in Delhi, the city police rounded up 16 persons, including seven children, from the Seemapuri area, an official said on Monday.

Deputy Commissioner of Police (Shahdara), Prashant Gautam, said the apprehended Bangladeshi nationals revealed that they had crossed into India approximately 18-19 years ago under the cover of darkness.

“They illegally entered India due to extreme poverty and a lack of livelihood opportunities in their native villages, located 40-50 km from the India-Bangladesh border in West Bengal,” he said.

The DCP said the arrests were made by a joint team of the Foreigner Cell and special staff of Shahdara after receiving a tip-off last month.

Those arrested include four men and five women, he said, adding that after entering India they initially stayed in the Cooch Behar area.

DCP Gautam said that from there, they travelled by train to New Delhi in search of better employment opportunities.

“Eventually, they moved to Haryana and began working in the rural areas, particularly at brick kilns, where they were involved in brickmaking,” he said.

These kilns are located away from main villages and residential areas, which allowed them to live in hiding without attracting attention, he said.

“No government agency had conducted any verification or background checks on them during this time. The brick kiln owners, driven by the motive of engaging low-cost labour, employed them without documentation,” he said.

Over time, they settled in the area, raised families, and continued to live and work without legal status or scrutiny, he said.

DCP Gautam said that on May 30, the Foreigner Cell of the Shahdara District received information regarding the presence of illegal Bangladeshi nationals attempting to enter the Seemapuri area.

“The tip-off indicated that a group of individuals was moving across the Uttar Pradesh-Delhi border near Shaheed Nagar,” he said.

The arrests were made by a joint team of Foreigner Cell and Special Staff comprising SI Shaji John, ASI Gajender, ASI Johar, ASI Nazir, Head Constable Arun, Head Constable Siddharth, Head Constable Yoginder, Head Constable Amit, Head Constable Vijay, Head Constable Anuj, Woman Head Constable Geeta, Woman Head Constable Manju, Woman Head Constable Renu and Constable Aman led by Inspector Munish Kumar I/C Special Staff & Foreigner Cell under the supervision of Gurudev Singh, ACP/Operations.

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SC refuses to stay demolitions in Delhi’s Batla House, next hearing in July

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New Delhi, June 2: The Supreme Court on Monday did not pass any interim orders on staying the proposed demolitions in the national capital’s Batla House.

A Bench of Justices Sanjay Karol and Satish Chandra Sharma told the residents, who had received 15-day eviction notices and apprehended imminent demolition, that they are free to avail remedies available under the law.

The Justice Karol-led Bench directed that the matter be listed before the regular Bench for hearing in July.

The litigants claimed that they were “genuine residents” and “property owners” of Khasra Nos. 271 and 279 in Batla House. They stated that their homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY Scheme coverage, despite having valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019.

Any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under the Constitution of India, said the plea filed through advocate Adeel Ahmed.

Underscoring the need for a fair, humane, and judicious approach before any coercive action is undertaken, the plea stated that applicants have been residing peacefully in the area in question for several decades, forming a stable and law-abiding community.

It added that the 15-day eviction notices were mechanically applied to residents and properties which are neither part of Khasra No. 271 nor identified in any report as being outside the scope of regularisation.

In spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement, said the application filed before the top court.

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Maharashtra: Major scam in twin tunnel and elevated road projects, allege Shiv Sena-UBT and Congress

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Mumbai, May 31: The opposition Shiv Sena-UBT and Congress in Maharashtra have claimed that there is a major scam in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects estimated together at Rs 14,000 crore.

“Will Deputy Chief Minister Eknath Shinde be removed from the government and an investigation conducted into this scam?” SS-UBT leader Aaditya Thackeray said at a press conference while criticising the state government after the Mumbai Metropolitan Region Development Authority (MMRDA) told the Supreme Court during a hearing on a petition filed by the infrastructure major L&T that both the tenders would be scrapped, and a fresh tender process would be initiated only to safeguard larger public interest.

“I congratulate the court… I also congratulate the contractor L&T. No political interference is needed. I had brought this news to the fore last year also,” Aaditya Thackeray said on Saturday.

“The cost of the twin projects was expected to be Rs 14,000 crore and, on the other hand, the contract process was to be completed in 20 days. There is a short tender notice for landslides, broken walls. But how can there be a short notice for this big project? When they (L&T) went to court, MMRDA said that they are giving a contract period of 60 days instead of 20 days,” he claimed.

“It all started for a favourite contractor. At that time, I didn’t think it would be such a big scam. There was a settlement against the government for a contract. But today’s (court) case has given me confidence that ‘Satyamev Jayate’ will prevail. It was clear that this was a scam. Just because the contract was canceled later on the orders of the court doesn’t mean it wasn’t a scam.

“The ED and IT-D are being pushed aside. I ask the Chief Minister – are you going to investigate the ‘corrupt Nath’ Shinde? He must have taken bribes, given threats. Fadnavis says we need clean governance. Shinde holds the urban development department… he gives orders to commit scams. Will you investigate him? Are you going to expel him?” Aaditya Thackeray questioned.

He claimed that Fadnavis does not need Shinde as Ajit Pawar is with him. “So will the probe be conducted by keeping aside Shinde?” he wondered.

On the other hand, Maharashtra Pradesh Congress Committee president Harshwardhan Sapkal claimed that there was corruption of Rs 3,000 crore in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects. He also accused CM Devendra Fadnavis and his deputy Eknath Shinde of taking bribes in these projects.

“The matter does not end with the cancellation of the tender by MMRDA as the issue is about corruption. Devendra Fadnavis and Eknath Shinde have created a corridor of corruption in the state and there is a circle of state undertakings including MMRDA, MHADA (Maharashtra Housing and Area Development Authority), CIDCO (City and Industrial Development Corporation) and SRA (Slum Rehabilitation Authority) for this purpose. This circle of corruption has been quite active since Eknath Shinde became the Chief Minister. For this, favourite officers are appointed and through this, the favourite contractor scheme is implemented,” alleged Sapkal.

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