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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

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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Crime

Delhi Police arrests own Head Constable for stealing Rs 50 lakh, gold from anti-terror unit’s warehouse

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New Delhi, June 2: Exposing the criminal mentality of some men in Khaki, the Delhi Police arrested one of its own personnel for stealing Rs 50 lakh and valuables from the anti-terror unit’s warehouse in South Delhi, an official said on Monday.

Head Constable Khurshid, who was shifted out of the Special Cell to the East District a few days ago, was arrested on Saturday for stealing Rs 50 lakh in cash in addition to gold jewellery of an unspecified amount from the Special Cell malkhana (store room) at the Lodhi Road office, the official said.

He was identified and arrested using CCTV footage of Friday night when the theft took place, he said, adding that the stolen items have been recovered.

According to officials, Khurshid relied upon departmental information about the presence of valuables and cash in the malkhana to execute the theft.

Khurshid managed to execute his plan flawlessly and could have got away easily but for an alert malkhana incharge who detected that there was something amiss in the warehouse, the police said.

The arrested Head Constable was earlier posted in the malkhana but was transferred to East Delhi a few days ago, said an official.

“He was aware of the articles kept in the warehouse and also the process to access them,” he said.

He allegedly timed his theft around his transfer so that the suspicion of the absence of the valuables and cash would fall on his other colleagues in the Special Cell’s malkhana.

The Special Cell is a specialised unit of the Delhi Police tasked to prevent, detect and investigate cases of terrorism, organised crime and other serious crimes in Delhi.

While penal offences committed by policemen are probed by the law enforcers themselves, allegations of misconduct with public are investigated by the Delhi government’s Police Complaints Authority.

Authority Chairperson Justice Poonam A. Bamba, former Judge of the Delhi High Court, said in the Annual Report 2023-24 that a total of 1,688 complaints were received and carried forward during the period.

During the year, 649 cases were disposed of, leaving 1,039 cases pending. The percentage of disposals stood at 38.44 per cent.

The Authority is also authorised to probe public complaints related to extortion, land or house grabbing and other incidents involving serious abuse of authority. Complaints of illegal detention, police custody death or rape and grievous hurt in police custody are also probed by the Authority.

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Crime

Thane Crime: Man Attacked With Sword In Kalyan For Dispute Over Construction Of Toilet Near House

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Mumbai: In a separate incident, a 15-year-old boy has been detained for allegedly murdering his co-worker, 22-year-old Kaisar Azgar Ali, in Bhiwandi. The incident occurred on Wednesday, May 28, in the night at a worksite in Mankoli village, where both were employed as carpenters.

According to police, a minor argument escalated into a violent attack. The minor allegedly first struck Ali with a hammer, then used a plywood grinder to fatally injure him, slitting his neck and shoulder. Investigating Officer D.K. Kadam stated that the minor had been upset with Ali’s behaviour at the site and the situation turned violent after Ali allegedly struck him during the altercation.

The minor fled the scene, but police were alerted by the house owner and contractor who discovered the crime. A panchnama was conducted and the boy was located, detained and presented before the Juvenile Justice Board. He was remanded to an observation home. Ali was rushed to Indira Gandhi Memorial Hospital, where he was declared dead.

Thane: A 24-year-old man, Vikrant Jadhav, was brutally attacked with a sword in Umbarde, Kalyan West on Sunday. The assault is believed to be the result of an ongoing land dispute. According to reports citing police sources, Jadhav was fetching water when he was ambushed and attacked. He is currently receiving treatment for serious injuries at Rukminibai Hospital in Kalyan.

The victim’s father, Vijay Jadhav, has accused members of the neighbouring Gaikwad family of orchestrating the attack. The two families have reportedly been at loggerheads for years over property issues. Vijay had previously filed a police complaint against the Gaikwads, alleging that they had threatened to kill his family if he did not halt construction of a toilet adjacent to their home, reported Hindustan Times.

The Khadakpada police have registered a case under Section 118 (causing hurt with dangerous weapons) of the Bharatiya Nyaya Sanhita (BNS) and are currently investigating the matter. Efforts are underway to identify all the assailants and verify the allegations of prior threats and extortion.

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