Crime
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
RG Kar victim’s parents yet to secure death certificate even after six months
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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Crime
Ten persons arrested for attack on Congress MP, says Assam CM
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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Crime
New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan
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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
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