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SC stays defamation proceedings against Rahul Gandhi for remarks on Amit Shah

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New Delhi, Jan 20: In an interim order passed on Monday, the Supreme Court directed the halting of trial court proceedings in a defamation case filed by a BJP worker against Congress MP Rahul Gandhi over the latter’s alleged defamatory remarks against Union Home Minister Amit Shah.

During one of his public speeches in Jharkhand’s Chaibasa before the 2019 Lok Sabha elections, the senior Congress leader had called Shah a “murder accused”.

A bench headed by Justice Vikram Nath took note of the submission advanced on Rahul Gandhi’s behalf that only an aggrieved person and not a proxy third party can institute a criminal defamation complaint.

Staying the defamation proceedings till further orders, the Bench, also comprising Justice Sandeep Mehta, remarked, “If you are not the person aggrieved, how can you have a proxy filing of complaint?”

“Issue notice to the state of Jharkhand and the complainant. All proceedings in the trial shall remain stayed till further orders,” ordered the apex court.

In February last year, the Jharkhand High Court dismissed Rahul Gandhi’s plea for quashing the criminal defamation case filed by BJP leader Navin Jha.

Gandhi imputed the BJP leadership to be “liars” who are “drunk with power” and BJP workers will accept a person “accused of murder” as the party president but people will never accept the same in the Congress party.

“The people of this country will accept a lying Bharatiya Janata Party (BJP) leadership drunk with power because they know that, what the Bharatiya Janata Party is designed for. [T]hey will, accept a man accused of murder as the President of Bharatiya Janata Party but the people will never accept the same in the Congress Party,” said Rahul Gandhi. The complaint said that Rahul Gandhi’s statement was not only false, rather, it was an insult to all workers, supporters and the leaders who have been working selflessly for the BJP.

In its judgement, a bench of Justice Ambuj Nath of the Jharkhand HC said that the imputation was prima facie defamatory in nature and a prima facie case under sections 499/500 of the Indian Penal Code (IPC) was made out against Rahul Gandhi for imputing the BJP leadership as liars and drunk with power.

National News

Vijay slams DMK govt, pledges support to farmers protesting airport project

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Chennai, Jan 20: Tamil superstar and founder-president of the Tamilaga Vettri Kazhagam (TVK), Vijay, has pledged his support to farmers protesting against the proposed Parandur greenfield airport project.

Addressing the protesting villagers, Vijay criticised the ruling DMK government for its decision to implement the project, vowing to stand by the farmers until the end.

Vijay, who has transitioned from cinema to politics, emphasised the importance of farmers to the country, stating that his involvement in this agitation marks the beginning of his “field politics.”

Clarifying that he is not against development or the construction of a new airport, he strongly opposed the project’s location on fertile farmland. The TVK leader questioned the DMK government’s contradictory stance on developmental projects.

Referring to the party’s opposition to the Tungsten project in the past, Vijay asked why it now supports the Parandur airport project.

Without directly naming the DMK, he criticised its leadership for opposing projects like the eight-lane expressway while in opposition and questioned its decision to disregard farmers’ concerns after coming to power.

Vijay accused the DMK government of being “anti-people” for pursuing the airport project, which he claimed would destroy 90 per cent of the farmlands and water bodies in the proposed area.

He further alleged that the ruling dispensation had a vested interest in the project, hinting at potential personal gains.

The Tamil Nadu Congress Committee president, K. Selvaperunthugai, dismissed Vijay’s visit to Parandur, claiming it would not have any significant impact. During Vijay’s visit, several farmers and children awaited his arrival, holding bunches of paddy crops as a symbol of their protest. One of the farmers presented a bundle of paddy to Vijay after his speech.

Social activists have raised concerns about the environmental impact of the Parandur airport project. They warned that more than 13 water resources could be affected if the land is acquired for the project, which is intended to serve as Chennai’s second airport.

The Parandur airport project, estimated to cost Rs 32,704 crore, requires 2,171 hectares of land. This includes 1,386.43 hectares of agricultural land, 577 hectares of water bodies, and 173 hectares of government land (poromboke).

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National News

If factionalism does not end, we will be finished, says MP Congress chief

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Bhopal, Jan 20: Amid concerns that the ongoing factionalism in the party may have an impact on the January 27 grand programme of the Congress in Mhow, Madhya Pradesh Congress president Jitu Patwari has urged workers to strengthen the party in the state and not to get involved in “groupism”.

Addressing the party workers in view of the upcoming ‘Jai Bapu, Jai Bhim and Jai Samvidhan’ campaign to be launched from Mhow, Patwari said on Sunday that if groupism did not end, the party would lose its existence in Madhya Pradesh.

Patwari asserted that party leaders should stay away from ‘sycophants’.

He said, “Sycophants are present in every political party. We need to stay away from them. We have to end the groupism in the party, otherwise, we will be finished,” Patwari was heard saying in a video that surfaced on social media on Monday.

Patwari’s statement comes after growing concerns over the existing factionalism in the state unit of the party.

Recently, a group of senior Congress leaders, including former Chief Minister Kamal Nath had alleged that state leadership wasn’t consulting them for the decision taken for the party’s programmes. However, he later denied media reports.

Another party veteran and former CM Digvijaya Singh on Saturday refuted speculations that state Congress president Jitu Patwari was uncomfortable with senior members of the party. Responding to the media persons, Digvijaya Singh stated that he has fine coordination with Jitu Patwari.

Meanwhile, the ruling BJP took a jibe at Congress, saying ever since Jitu Patwari became chief of MP Congress, the factionalism has escalated more.

“Who doesn’t know that ever since Jitu Patwari took over the charge, factionalism has been at its peak in Madhya Pradesh Congress. Factionalism is very much there in the party,” said MP BJP media in charge Ashish Agarwal.

In view of Mhow programme, Jitu Patwari has been visiting the Malwa-Nimar region aggressively to encourage Congress workers to create momentum in favour of the party. Rahul Gandhi and Congress president Mallikarjun Kharge will launch the Samvidhan campaign from Mhow on January 27.

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Crime

RG Kar verdict: Life imprisonment for Sanjay Roy; not rarest of rare crimes, says court

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Kolkata, Jan 20: A special court in Kolkata, on Monday, sentenced Sanjay Roy, the sole accused in the case of ghastly rape and murder of a woman doctor of state-run R.G. Kar Medical College and Hospital, to life imprisonment.

While pronouncing the quantum of sentence, the judge of the special court, Anirban Das, also made it clear that the Central Bureau of Investigation (CBI)’s contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.

Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”.

Apart from that a financial penalty of Rs 50,000 has also been imposed on Roy.

The judge of the special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the victim.

The judge observed that the since the victim was raped and murdered at her workplace, which is a state-government entity, legally the state government has to pay compensation to the victim’s family.

The detailed order copy will be uploaded soon following which the other details of the order of the special court will be available.

On January 18, Roy was convicted under Section 64 (punishment for rape), Section 66 (punishment for causing death or resulting in a persistent vegetative state of a victim) and Section 103(I) (punishment for murder) of the Bharatiya Nyaya Sanhita (BNS).

On the compensation issue, the victim’s parents argued that they have never sought money as compensation for the ghastly end of their daughter.

The judge explained to them that while he was aware that they had not sought compensation, as per legal provisions he had ordered the state government to pay the compensation.

“Now how you will utilize the money is entirely up to you,” the judge of the special court said.

The body of the victim doctor was recovered from the seminar hall within R.G. Kar premises on the morning of August 9 last year. The initial investigation into the matter was started by a special investigation team of Kolkata Police, who arrested Roy. However, the CBI started an investigation five days from the date of the crime following an order of the Calcutta High Court and thereafter Roy was handed over to the central agency officials by the city police.

The trial process in the matter started on November 11 last year, 59 days after the body of the victim was discovered in the seminar hall within the R.G. Kar premises.

The conviction process was completed on January 18. The sentence was pronounced at 2.45 p.m. on Monday exactly 164 days from the date of crime.

While the conviction in the crime of “rape and murder crime” is over, the angle in the tampering of evidence in the matter is still alive. The CBI, sources said, had already informed the special court that the scope for filing a supplementary charge sheet on the “tampering of evidence” angle is still open, which keeps the case open.

Last year the former and controversial principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal were granted “default bail” by the same special court, as CBI failed to file the supplementary charge sheet against the duo within 90 days of their arrest.

Both Ghosh and Mondal were accused of misleading the investigation and tampering with the evidence while the initial investigation in the matter was being carried out by Kolkata Police before the CBI took charge of the investigation following an order of the Calcutta High Court.

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