Crime
Kids’ kidnap-murder case: Bombay HC commutes death verdict for 2 to life
Bombay High Court.
The Bombay High Court on Tuesday commuted the death sentences on two prime accused – both step-sisters – to life term till death in jail, in the sensational case of the kidnapping of 13 minor children and murdering at least 5 of them, that rocked the state in the early 1990s.
The accused, Seema Mohan Gavit, 39, and Renuka Kiran Shinde, 45, were arrested by Maharashtra Police in 1996 and have so far spent around 25 years under the shadow of the hangman’s noose, at the Yerawada Central Jail, Pune.
Another prime accused and their mother, Anjana, who was also arrested and charged in the case, passed away in 1998 during the pendency of the trial.
A division bench of Justice Nitin Jamdar and Justice Sarang Kotwal commuted the death penalty, rapping the delays by the government authorities in taking a decision on the mercy pleas of the two.
In 2001, the half-sisters were convicted and awarded the death penalty by the Kolhapur Sessions Court for the stunning kidnappings of 13 children and killing 5 of them brutally.
The death sentence was confirmed by the Bombay High Court in 2004 and then the Supreme Court in 2006.
The sisters had earlier filed mercy pleas before the Governor in 2008 that were declined in August 2013, and later to the President, which was rejected in July 2014, even as people from the USA Japan, Canada, and India appealed to the President for commuting the death verdict, saying that execution of women is extremely rare.
After the rejection of their appeals from both the Governor and the President, they moved the Bombay High Court.
The matter was taken up urgently on August 19, 2014, as the two sisters awaited the gallows that day.
The Public Prosecutor issued telephonic instructions to the YCJ Jail Superintendent Yogesh Desai to stop the hangings till their pleas were heard and the matter came up on the board the following day.
The petitioners contended that the government machinery did not adhere to the rules that required utmost expediency and resorted to a “most casual approach” resulting in a delay of nearly 8 years, which the division bench upheld.
The sisters contended, through their lawyer Aniket Vagal, that the delay was attributable to the executive including the Governor and the Maharashtra Government, the Ministry of Home Affairs, and the President, which was denied by the Centre’s lawyer Sandesh Patil.
The judges noted that from the date of the sisters submitting their mercy plea on September 1, 2006 till it was finally disposed of on July 30, 2014, it took 7 years, 10 months and 15 days.
Justice Jamdar and Justice Kotwal also observed how the chronology showed that there was “nothing but the movement of files, delay, and casual approach demonstrated at each stage” and the state government moved “as if it was a routine file, perhaps even slower than that”, at each stage “officers exhibited utter casualness”.
The court also frowned at how, in the period between 2006-2014, modern electronic communication facilities, email, courier, transportation were easily available to all government officers, and termed as “abhorrent” the movement of files/papers in such a crucial matter within the state or the city after gaps of 15 days, month, six months or up to one year.
It also commented on how the matter was circulated before the court only by the petitioner-sisters in 2021 and not by the government since 2016, and the manner in which the two convicts were kept isolated in the ‘Death Convict Yard’ which has an ominous connotation, and was described as “brooding horror of hanging, daunting the prisoner in the condemned cell” by the late Justice Krishna Iyer.
However, the evidence on record shows the kids were brutally murdered, showing the “depravity” of the two convict-sisters which was “heinous and beyond words to condemn”, the bench said, ordering “life imprisonment is till the life of the convict” unless the competent authority decides otherwise, though the (convicts) were beyond reform for society.
The court also cancelled the unexecuted death warrants against the two sisters and disposed of the petition.
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.
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.
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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