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‘Politically motivated’, Bilkis Bano case convict to SC on plea challenging release of accused

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A convict in the Bilkis Bano case has told the Supreme Court that the petition challenging Gujarat government’s remission order is “speculative and politically motivated”.

The plea filed by Radheysham Bhagwandas Shah said: “This court not only on the ground of locus and maintainability, but also on the ground of such speculative and politically motivated petition, should dismiss the said plea with heavy hand and impose an exemplary cost so that such politically motivated petition by strangers are not encouraged in the future.”

The plea cited a number of the top court judgments, including Janata Dal vs H.S. Chowdhary (1992), Simranjit Singh Mann vs UOI (1992) and Subramanian Swamy vs Raju (2013), in which it was consistently held in clear terms that a third party who is a total stranger to the prosecution has no ‘locus standi’ in criminal matters.

The convict also referred to the apex court judgment dated May 13, 2022 on the merits of the case, which after hearing all the parties came out with a categorical judgment that only the Gujarat government’s policy of premature release would be applicable, which prevailed at the time of conviction and not a subsequent policy at the time of consideration of remission.

Shah was challenging the plea filed by former CPI-M MP Subhasini Ali, journalist Revati Laul and professor Roop Rekha Verma against the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots.

A similar plea was also filed by Trinamool Congress MP Mahua Moitra.

On September 9, the apex court had directed the Gujarat government to file all records, which formed the basis for granting remission to all the accused in the case. It directed the state government to file its response within two weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a response.

Shah’s plea contended that if such type of third-party petitions are entertained by the apex court, it would not only unsettle the settled position of law, but would also be an open invitation to any member of the public to jump in any criminal matter before a court of law.

Shah argued that the plea is nothing but a gross abuse of Article 32, as on one hand, the petitioners plead that they do not have the copy of the remission order and yet without ascertaining the reasons for grant of remission, the petitioners have sought quashing of the remission order.

It further argued that the apex court had categorically held that a total stranger in a criminal case cannot be permitted to question the correctness of a decision, and if that was to be permitted, any and every person could challenge a criminal prosecution/proceeding recorded day in and day out by courts even if the person convicted do not desire to do so and are inclined to acquiesce in the decision.

“Interestingly enough, neither the state nor the victim nor even the complainant has approached this court, and thus it is respectfully submitted that if such cases are sought to be entertained by this court, a settled position of law would certainly become an unsettled position of law,” Shah’s plea added.

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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