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SC orders release of death row convict found to be juvenile at the time of crime

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The Supreme Court has set side the death sentence of a rape-murder convict, after it was established that he was a juvenile on the date of commission of the offence.

A top court bench of justices B.R. Gavai, Vikram Nath and Sanjay Karol said: “The conviction of the appellant is upheld; however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the Juvenile Justice Board (JJB) or any other child care facility or institution. The appellant is in judicial custody. He shall be released forthwith.”

The apex court affirmed the trial court order convicting him for the offence of rape and murder, but set aside the death sentence awarded to the accused, convicted in a December 2017 rape and murder case in Madhya Pradesh.

The bench noted that it is of the view that merits of the conviction could be tested and the conviction which was recorded cannot be held to be vitiated in law merely because the inquiry was not conducted by the JJB.

“It is only the question of sentence for which the provisions of the Juvenile Justice (Care and Protection) Act, 2015, would be attracted and any sentence in excess of what is permissible under the 2015 Act will have to be accordingly amended as per the provisions of the 2015 Act. Otherwise, the accused, who has committed a heinous offence and who did not claim juvenility before the trial court, would be allowed to go scot-free,” added the bench.

The top court judgment came on a man’s plea challenging the Madhya Pradesh High Court’s order dated November 15, 2018. The Indore bench of the high court had upheld the death sentence awarded by the lower court and dismissed the appeal filed by the appellant challenging his conviction and sentence.

The accused, during the pendency of these appeals, moved an application claiming juvenility and consequently the benefits available under the provisions of the 2015 Act.

The bench said the appellant is held to be less than 16 years, and therefore, the maximum punishment that could be awarded is up to three years.

“The appellant has already undergone more than five years. His incarceration beyond three years would be illegal, and therefore, he would be liable to be released forthwith on this count also,” it added.

The bench considered a report from the Court of First Additional Sessions Judge, Manawar, Dhar district, Madhya Pradesh, dated October 27, 2022 along with all the material evidence both documentary and oral adduced before it on the basis of which the report has been submitted.

The top court accepted the trial court report and held that the appellant was aged 15 years, four months and 20 days on the date of the incident.

It added, “It would also be pertinent to notice that the institution is not a private institution, but a government primary school and this court does not find any reason to disbelieve or even doubt the testimony of government servants both working and retired.”

The bench noted, “The intention of the legislature is to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.”

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Preserve Parasnath Hill in line with Jain traditions, Jharkhand HC tells govt

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Ranchi, April 9: The Jharkhand High Court has directed the state government to take necessary steps to preserve Parasnath Hill — a sacred pilgrimage site for Jains — in accordance with their religious beliefs and traditions.

The directive came during the hearing of a Public Interest Litigation (PIL) filed by the Jain organization ‘Jyot’.

A division bench led by Chief Justice M.S. Ramachandra Rao instructed that a joint team comprising members of the District Legal Services Authority, state government representatives, and the petitioner visit the site and submit a report on its current condition.

The court said it will pass an interim order after examining the findings.

Representing the petitioners, advocates argued that Parasnath Hill is the nirvana bhoomi (place of liberation) of several Jain Tirthankaras and holds immense religious significance for Jain followers across India and abroad.

They alleged that in recent years, the sanctity of the site has been compromised due to the sale of liquor and meat, encroachments, and unauthorised constructions.

They also objected to eggs being served in nearby Anganwadi centres and raised concerns about the government’s push to promote the area as a tourist destination, which they claimed could further erode its spiritual environment.

“The government has failed to curb these activities which hurt Jain sentiments,” the petitioners told the court, citing a January 5, 2023, notification by the Ministry of Environment, Forest and Climate Change urging preservation of the site in alignment with Jain traditions.

Appearing for the state, Advocate General Rajeev Ranjan said the government is sensitive to the concerns of all religious communities, including Jains.

He told the bench that measures are already being taken to stop the sale of meat and prevent encroachment around the sacred site.

“The government is committed to ensuring that religious sentiments are respected, and necessary steps will continue to be taken,” he said.

Senior advocate Darius Khambata, along with advocates Indrajit Sinha, Khushboo Kataruka, and Shubham Kataruka, appeared on behalf of the petitioner.

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At Navkar Mahamantra event, PM Modi’s special gesture in the spotlight

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New Delhi, April 9: Prime Minister Narendra Modi inaugurated and participated in the Navkar Mahamantra Divas programme at Vigyan Bhawan on Wednesday. He spoke highly of the spiritual experience of the Navkar Mantra and also emphasized its ability to bring peace and stability to the mind.

However, what caught everyone’s attention and also earned all-round admiration was PM Modi’s special gesture at the event.

PM Modi walked into the Vigyan Bhawan, the venue for the Navkar Mahamantra Divas programme, without any footwear as a mark of reverence. He also shunned the dais and chose to sit among the people. This heartfelt gesture of PM Modi won the hearts of people present there.

Notably, PM Modi has broken the protocol at earlier occasions also to show solidarity with the common people and make them feel like a family.

Addressing the Navkar Mahamantra event, PM Modi extolled the Jain dharma and described ‘Jain literature as the backbone of intellectual glory of India’.

He also proposed nine resolutions on the Navkar Mahamantra Divas and also urged everyone to adopt them, after collective chanting of Navkar Mantra.

He proposed ‘water conservation’ as the first resolution and recalled the words of Buddhi Sagar Maharaj Ji, who predicted 100 years ago that water would be sold in shops. He emphasized the need to value and save every drop of water.

‘Ek Ped Maa ke Naam’ was the second resolution, where he highlighted the importance of planting trees and urged everyone to plant a tree in their mother’s name.

Other resolutions that he stressed upon and urged everyone to imbibe in their lives included — Cleanliness Mission, Vocal for Local, Explore India, Adopting Natural Farming, Healthy Lifestyle, Incorporating Yoga and Sports.

He proposed ‘Helping the Poor’ as the ninth and final resolution, saying that assisting the underprivileged is the true essence of service.

PM Modi emphasised that these resolutions align with the principles of Jainism and the vision of a sustainable and harmonious future.

“These nine resolutions will infuse new energy into individuals and provide a fresh direction to the younger generation. Their implementation will foster peace, harmony, and compassion within society,” he added.

Notably, the Navkar Mahamantra Divas is a momentous celebration of spiritual harmony and ethical consciousness that seeks to unite people through the collective chanting of the Navkar Mahamantra — the most revered and universal chant in Jainism.

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All wings of CBI in Kolkata to be under one roof soon

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Kolkata, April 9: The Central Bureau of Investigation (CBI) has now decided to bring the offices of all its wings in Kolkata under the same roof.

Sources aware of the development said that the decision has been taken to ensure better inter-departmental coordination.

Currently, the offices of the four wings of the CBI in Kolkata, namely the Anti-Corruption Branch, Special Crime Branch, Economic Offenses Wing, and the bank securities and fraud branch, operate from two separate offices.

The first is at Nizam Palace in central Kolkata, and the second is at the Central Government Office (CGO) complex at Salt Lake on the northern outskirts of Kolkata.

However, sources said, all four wings of the central office will now operate from a 14-storey building at New Town, also on the northern outskirts of Kolkata. Four floors in the new building have been allotted to the CBI.

Sources said that work has already started on shifting documents and gadgets from the Nizam Palace and CGO Complex offices to New Town.

The aim is to start operating from the new office by this month or maximum by next month.

Currently, the different wings of the CBI, especially those sleuths attached to the Anti-Corruption Branch, Special Crime Branch, Economic Offenses Wing are burdened with too many high-profile cases in West Bengal namely the cash-for-school jobs probe, municipalities’ recruitment irregularities case, ration distribution scam, and R.G, Kar rape-murder case, among others.

Certain cases, like those related to the R.G. Kar incident, are handled by officers of two different departments of the CBI.

While the sleuths of the Special Crime Branch are investigating the aspect of rape and murder and the possibility of a larger conspiracy behind the mishap, the officers of the Anti-Corruption Branch are probing the case of alleged financial irregularities at R.G. Kar.

So in such a situation, added sources, it was necessary to bring the offices of all the wings under the same roof to attain larger inter-departmental coordination, and precisely keeping that in mind the decision was taken to shift to a new office at New Town.

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