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Gujarat govt reply in Bilkis Bano case ‘very bulky’, says SC

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The Supreme Court on Tuesday said that Gujarat government’s response to petitions challenging the remission granted to 11 convicts in the Bilkis Bano case is “very bulky”, where, instead of factual statements, a series of judgments have been cited.

A bench, headed by justice Ajay Rastogi, orally observed that he has not come across a counter affidavit where a series of judgments have been quoted.

“A very bulky counter. Where is the factual statement, where is the application of mind?” he asked.

Solicitor General Tushar Mehta, representing the Gujarat government, agreed with the observation made by the court and said it could have been avoided. “The judgments were mentioned for easy reference, it could have been avoided,” he said.

Senior advocate Kapil Sibal, representing petitioners, submitted that he needed time to file the response in the matter.

Justice Rastogi observed that even before he could go through the state government’s counter-affidavit, it was visible in the newspapers. Mehta vehemently argued that strangers and third parties cannot raise the challenge to the release of the convicts.

The bench, also comprising Justice C.T. Ravikumar, granted time to petitioners to file their response to the state government’s counter affidavit and scheduled the matter for further hearing on November 29.

In an affidavit, the Gujarat government told the Supreme Court that it decided to release the 11 convicts in the Bilkis Bano case as they had completed 14 years and above in prison and their behaviour was found to be good and also the Centre had also conveyed its “concurrence/ approval”.

The state government also added that the Superintendent of Police, CBI, Special Crime Branch, Mumbai, and the Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay, had, in March last year, opposed premature release of the convicts.

The CBI official, in letters to the Superintendent of Godhra sub-jail, said the offence committed by the convicts was heinous, grave and serious, hence they cannot be released prematurely.

In an affidavit, the state Home Department’s Under Secretary said: “I say that the state government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”

“The Government of India conveyed the concurrence/ approval of the Central Government under section 435 of the CrPC for premature release of 11 prisoners vide letter dated July 11, 2022,” it added.

The affidavit said the state government considered the opinions of seven authorities –the Inspector General of Prisons, Gujarat, the Jail Superintendents, the Jail Advisory Committee, the District Magistrate, the Police Superintendent, the CBI, the Special Crime Branch, Mumbai, and the sessions court, Mumbai.

“After approval of the state government, orders have been issued on August 10, 2022 to release the prisoners. Hence, in instant case, the state has considered the proposals under policy of 1992 as directed by this court and not granted under the circular governing grant of remission to prisoners as part of celebration of ‘Azadi Ka Amrit Mahotsav’,” added the affidavit.

The Gujarat government’s response came on a plea has been filed by CPI-M’s former MP Subhasini Ali, journalist Revati Laul, and Prof Roop Rekha Verma, challenging the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots. Petitions challenging the release of the convicts have been filed by Trinamool Congress MP Mahua Moitra and others.

Crime

At least 18 killed in Israeli airstrikes on Gaza

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Gaza, Dec 21: At least 18 Palestinians were killed in Israeli airstrikes on the central and northern Gaza Strip, according to Palestinian sources.

Local sources and eyewitnesses reported that Israeli warplanes targeted an apartment in the multi-story “Yaffa” tower in the al-Nuseirat camp, located in central Gaza.

A statement from Al-Awda Hospital in the camp confirmed that eight people were killed and 14 others injured, some seriously, in the attack.

In northern Gaza, Israeli shelling struck a house belonging to the “Khilla” family in Jabalia Al-Balad, killing 10 people and injuring several others, according to the Gaza Strip’s Civil Defence.

The Israeli army has not commented on these incidents.

Also on Friday, the military wing of Hamas, Al-Qassam Brigades, announced that one of its fighters had carried out a suicide attack targeting an Israeli force of six soldiers in Jabalia refugee camp, northern Gaza.

The Israeli army has not issued a comment on this incident.

Earlier on Thursday at least 16 Palestinians were killed by Israeli bombings in northern Gaza, the Palestinian official news agency WAFA reported.

At least 10 people were killed on Wednesday night and some others injured when the Israeli aircraft bombed the house of the Al-Najjar family in the town of Jabalia, WAFA said.

Six more people were killed due to Israeli bombing on the house of the Al-Zaytouniya family near the Al-Tabi’in School in the Al-Daraj neighborhood, east of Gaza City, it added.

The Israeli army has not commented on these incidents.

Israel has been conducting a large-scale offensive against Hamas in Gaza in retaliation for the October 7, 2023 Hamas assault on southern Israel, which resulted in approximately 1,200 deaths and 250 hostages taken.

As of Friday, the Palestinian death toll from ongoing Israeli attacks in Gaza has risen to 45,206, according to Gaza-based health authorities.

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Crime

Maharashtra: Govt Employee Accused Of Attacking Marathi-Speaking Family In Kalyan Surrenders Before Cops

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The Maharashtra government employee accused of attacking a Marathi-speaking family at Kalyan in Thane district surrendered before police on Friday, a senior officer said.

Akhilesh Shukla (48), an employee of the Maharashtra Tourism Development Corporation (MTDC), his wife Geeta (45) and others have been named in an FIR related to the alleged attack on the family, their neighbour, on December 18 after an argument.

Akhilesh Shukla surrendered before the Khadakpada police, senior inspector Aamarnath Waghmode said.

“We will trace the other accused,” said the police.

Meanwhile, before surrendering, Shukla posted a video on social media in which he claimed his wife was beaten up by family members of the victims.

The police have registered a case against Shukla and his wife Geeta (45) under the Bharatiya Nyaya Sanhita (BNS) sections 74 (assault or criminal force to woman with intent to outrage her modesty), 115 (voluntarily causing hurt), 351(3) (criminal intimidation), 189 (2) (3) and (5) (unlawful assembly) and others.

According to police, the attack took place around 8.45 pm on December 18, and the accused as well as the victims live on the same floor of a building in Kalyan.

As per the FIR, the victim saw Shukla quarrelling with one of their neighbours over lighting of an incense stick. The victim asked Shukla to maintain peace and not to abuse and insult the entire Marathi-speaking community.

The accused couple got angry on hearing this and beat up the victim and his wife with the help of eight to ten others. They attacked the male victim using some sharp weapon, iron rod, pipes and wooden sticks, and inflicted wounds on his arms, legs and face. The accused also molested his wife and threatened the couple, it added.

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Crime

RG Kar tragedy: Calcutta HC rejects Bengal government’s objections on venue of protests by doctors’ body

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Kolkata, Dec 20: The Calcutta High Court on Friday rejected the state government’s objections on the venue for the sit-in protest by the West Bengal Joint Platform of Doctors, an association of senior doctors, against the default bail granted to two accused of tampering with the evidence in the case of the ghastly rape and murder of a woman junior doctor of R.G. Kar Medical College & Hospital within the hospital premises in August.

The single-judge bench of Justice Tirthankar Ghosh on Thursday already gave permission to the doctors’ body to hold the sit-in-demonstration at Doreena Crossing in central Kolkata.

At the same time, the bench gave the opportunity to the administration to furnish its views by Friday on the possible restrictions on the programme.

However, on Friday, the counsel for the state government objected to the venue of the demonstration on grounds of traffic congestion on occasions of Christmas and New Year’s Eve and suggested an alternative location in the area for the event.

However, Justice Ghosh refused to accept the argument and said that when he had already given permission on Thursday for the demonstration to be conducted at Doreena Crossing, there was no reason for the administration to raise objections on the venue.

He advised the state administration to raise a seven-foot tall guardrail around the protest venue and ensure the protesters stayed within the enclosure during the protest period. He also said that under no circumstance, the protest programme can be extended beyond December 26.

He also ruled that the protesters should not make any objectionable comment from the protest venue or do anything that might hamper the festive mood of the city in this part of the year.

Justice Ghosh also ruled that under no circumstance the number of protesters assembling at the venue should exceed 250.

Last week, a special court in Kolkata granted default bail to the former and controversial principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal as the CBI failed to file the supplementary charge sheet against the two within 90 days from the day of their arrests. Both were accused of misleading the investigation and tampering with evidence while the initial investigation was being carried out by Kolkata Police. Following the development, the representatives of the medical fraternity in the state as well as the victim’s parents accused the CBI of gross incompetence

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