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Bilkis Bano case: SC notice to Gujarat on plea against release of 11 convicts

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The Supreme Court on Thursday sought a response from the Gujarat government on a plea challenging the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots, while clarifying that it did not grant permission for remission to the convicts but instead asked the government to consider.

A bench, headed by Chief Justice N.V. Ramana and comprising Justices Ajay Rastogi and Vikram Nath, said the question is whether the convicts could have been granted remission and if it was within the parameters of the law.

The Gujarat government released the convicts on Independence Day, which has created a huge political controversy.

Justice Rastogi asked senior advocate Kapil Sibal, representing the petitioners: “Day in and day out, remission is granted to convicts of life sentence, what is the exception (in this matter).”

After hearing arguments, the top court issued notice to the Gujarat government and posted the next hearing after two weeks.

It clarified that its May 2022 order merely held that the remission or premature release should be considered in terms of the policy which is applicable in the state where the crime was committed. “I read somewhere the court has granted permission for remission. No, the court said only to consider,” noted the bench.

The bench asked the petitioners’ counsel to make the convicts in the case party in the plea along with the Gujarat government.

The top court observed orally: “Whatever act was committed; the accused have been punished and convicted.”

It also did not allow a plea by a counsel for one of the convicts to hear him first on the preliminary objections against the maintainability of the writ petition.

The Gujarat government counsel opposed the petition on grounds of maintainability. “Writ is not maintainable. They are strangers,” said counsel.

Sibal, representing the petitioners, narrated the grim facts of the case before the bench.

The bench was hearing a petition filed by CPI-M’s former MP Subhasini Ali, journalist Revati Laul, and Prof Roop Rekha Verma.

Eleven convicts, sentenced to life imprisonment, were released from Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. The convicts had completed more than 15 years in jail.

In January 2008, a special CBI court in Mumbai had sentenced the convicts to life imprisonment for gang-rape and murder of seven members of Bilkis Bano’s family. The Bombay High Court upheld their conviction.

Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning.

The PIL assailed the order of the competent authority of the Gujarat government by way of which 11 persons who were accused in a set of heinous offences were allowed to walk free on August 15, 2022 pursuant to remission being extended to them.

The petitioners contended that grant of remission solely by the competent authority of a state government, without any consultation with the Centre is impermissible in terms of the mandate of Section 435 of the Code of Criminal Procedure, 1973.

Citing the facts of the case, the plea contended that no right-thinking authority applying any test under any extant policy would consider it fit to grant remission to persons who are found to have been involved in the commission of gruesome acts.

Crime

Ram Mandir, Badrinath Temple thefts: Seers urge for strict rules to maintain faith of devotees

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Haridwar, July 8: Amid the controversy over alleged embezzlement of donations made at Ayodhya’s Ram Temple and Badrinath’s Shri Badrinath Temple, Parmarth Niketan President Swami Chidanand Saraswati and Jain monk Acharya Lokesh Muni on Wednesday urged for the implementation of strict rules so that such allegations are not repeated.

Speaking to media, Swami Chidanand Saraswati cautioned against the spread of rumours which “hurt people’s religious sentiments”.

“I would like to say that no one should spread such rumours. If there has been any mistake, there are proper channels to address it. People should go and discuss the matter through the appropriate means instead of coming directly to the media and misleading the public,” he said.

The Parmarth Niketan President added: “If rules are broken, they can be formed again but once faith is broken, it is very difficult to restore. It is a good step that the Shri Badrinath-Kedarnath Temple Committee (BKTC) Chairman Hemant Dwivedi immediately constituted an inquiry committee. I have also come to know that the committee’s secretary Pramod Nautiya has been dismissed. This is a fast action taken by Chief Minister Pushkar Singh Dhami-led Uttarakhand government.”

Swami Chidanand Saraswati also urged for implementation of strict rules for temples, terming it “mandatory to sustain the faith of devotees”.

“SOPs (Standard Operating Procedures) should be made and followed so that people are able to maintain their faith on temples,” he said.

Jain spiritual leader Acharya Lokesh Muni said that where there are large institutions, such incidents can happen but “it cannot be allowed to continue”.

“Our country has laws, the Constitution, and a proper system of governance. Wherever such an incident occurs at any place of faith, it should not be tolerated. Proper arrangements must be made to prevent such incidents, and if one has occurred, the stolen property or money should also be recovered and strict action should be taken against those guilty,” he told media.

The Jain spiritual leader also said: “Measures should be taken that such incidents are never repeated. Lord Ram is the soul of this country, so if thefts take place at the Ram Temple, it hurts the sentiments of devotees.”

Lokesh Muni expressed confidence that the stolen donations from Ram Temple will be recovered, guilty will be punished and that the government along with the Temple Trust will take measures to prevent repetition of such acts.

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Crime

12-year-old boy dies in B’luru residential school; family protests alleging assault by teacher

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Bengaluru, July 8: A 12-year-old student of a residential school in Bengaluru died under suspicious circumstances on Wednesday, prompting allegations of assault by teachers and protests by his family members and relatives.

The deceased has been identified as Gurukiran, a Class 6 student at the prominent school located in Kadayarappanahalli village in Bengaluru North Taluk. He was the son of Raghavendra, a resident of Subedarpalya.

According to the school management, Gurukiran collapsed while jogging on the school campus early in the morning. School authorities informed his parents over the phone around 6 a.m., stating that he had fallen ill and had been shifted to a hospital. However, by the time the parents reached the hospital, the boy had died.

The bereaved family has alleged that Gurukiran was physically assaulted by teachers using iron rods and sticks, and claimed that the pressure exerted on him at the residential school led to his death.

Speaking to reporters, Gurukiran’s father, Raghavendra, said, “My son was admitted to this school when he was studying in Class 5. The school claims that he collapsed while jogging this morning. But when we reached the hospital, we found him dead. I suspect something happened inside the school. The teachers might have assaulted him or done something to him.”

He further alleged that another student informed the family that Gurukiran had been beaten with an iron rod while staying in the hostel. “We have been told that the physical education teacher assaulted him. The police are protecting the teacher,” he alleged.

Raghavendra said his son had never complained about any harassment or assault at the school. “He never shared any complaints with us. What could happen to a child studying in Class 6? I strongly suspect he was assaulted. The school called us at around 6 a.m., saying he had collapsed while jogging and that his pulse rate had dropped,” he said.

Following the incident, Gurukiran’s parents and relatives gathered outside the residential school and staged a protest against the management. They alleged that the boy had been beaten with sticks and iron rods and demanded a thorough investigation.

Personnel from the Bagalur Police Station rushed to the school and attempted to pacify the agitated family members and relatives.

Another relative, Yashasvini, alleged that the family was initially not allowed to see Gurukiran’s body after reaching the hospital.

“When we reached the hospital, we were not allowed to see the child’s body. We later learned that the school staff had taken him to another hospital. We don’t know what actually happened. When we asked the management for the CCTV footage, they claimed that the cameras were damaged and the footage was unavailable,” she said.

Questioning the school’s version, she added, “If he suffered a heart attack, there should have been some signs. They have not provided any proper explanation and are simply saying that he collapsed while jogging. He was perfectly healthy. During the summer vacation, he spent time with us and never had any health issues. He was never hospitalised before. How are we supposed to believe this?”

The family also questioned the school’s claim that Gurukiran completed two rounds of jogging before collapsing during the third one. They alleged that the management failed to provide CCTV footage from either the jogging area or the room where he was reportedly taken after collapsing.

“They are saying the CCTV footage is unavailable because the cameras were damaged. We found that the CCTV cameras had been removed and the wires had been cut. We suspect foul play. Other students have also told us that children are beaten in the school,” a relative alleged.

Tension prevailed at the school as angry parents allegedly assaulted the physical education teacher in the presence of police personnel. The police intervened and managed to rescue the teacher from the agitated crowd.

Police have launched an investigation to ascertain the exact cause of Gurukiran’s death. Further investigation is underway.

When contacted, the phone went unanswered at the residential school. The school is yet to react to the allegations.

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Business

South Indian Bank shares tank 10 pc after RBI nod for new CEO

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Shares of private lender South Indian Bank tumbled nearly 10 per cent on Wednesday after the lender announced that it had received the Reserve Bank of India’s (RBI) approval for the appointment of Mahesh Muralidhar Pai as its Managing Director and Chief Executive Officer (MD & CEO).

The private banking stock declined as much as 9.86 per cent to Rs 43.02 on the BSE. At around 12:05 pm, it was trading at Rs 44.23, down more than 7 per cent.

In a regulatory filing, the private sector lender said the RBI has approved the appointment of Pai as MD and CEO for a period of three years with effect from October 1.

The bank said the proposal for Pai’s appointment will be placed before its Board of Directors at the meeting scheduled for July 16.

In addition, the appointment will require shareholders’ approval in accordance with the Companies Act, 2013, and the SEBI (Listing Obligations and Disclosure Requirements) Regulations.

Pai (50) is currently serving as Chief General Manager at Canara Bank, where he heads digital banking and innovation, according to the exchange filing.

With nearly three decades of banking experience, he has worked across governance, strategy, treasury, foreign exchange, retail banking, agriculture and MSME credit. He has also led several strategic initiatives at Canara Bank, including the establishment of its gold loan vertical, and has previously headed one of the bank’s largest zones.

Moreover, he serves as a Director on the boards of Karnataka State Financial Corporation and Canara Bank Securities Ltd, the filing added.

According to BSE data, the stock has touched a 52-week high of Rs 49.90 and a 52-week low of Rs 28.13.

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