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Madras HC directs TN govt to respond to Rajiv assassination convict Nalini’s plea

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The Madras High Court on Friday directed the Tamil Nadu government to respond to the writ petition filed by the Rajiv Gandhi assassination convict S. Nalini to release her from prison without a nod from the Governor.

In her petition, Nalini requested the court to declare as unconstitutional, the Governor’s ‘failure’ to release her by acting upon a recommendation made by the state cabinet on September 9, 2018, in favour of all live convicts in the assassination of former Prime Minister Rajiv Gandhi. Advocate M. Radhakrishnan appearing for Nalini contended that the Governor is bound to act as per the directive of the state cabinet and not vice versa.

The first bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice P.D. Adikesvalu ordered the state government to file a counter-affidavit after the Dusshera holidays.

Nalini has in an affidavit filed through her counsel sought a direction to the state government to release her without waiting for the nod of the Governor.

In her petition, Nalini said that she was originally sentenced to a death sentence by the trial court on January 28, 1998, and the Supreme court had also confirmed the death penalty on May 11, 1999. She said that her death penalty was commuted to life sentence under Article 161 that gives the Governor power to suspend, remit or commute sentences. She said that her death penalty was commuted to life sentence on April 24, 2000.

She contended that around 3,800 convicts, who had served ten-year prison terms, were released after serving the years under Article 161 for their good conduct and added that she became eligible for such a premature release in 2001 itself, but, still she was not released. She said that the prosecution had then contended that her case was under the CBI investigation.

The Rajiv Gandhi assassination case convict in her petition also stated that she should have been released on September 10, 2018, after the council of ministers had made a recommendation to release her in the cabinet meeting held on September 9, 2018. She said that the Governor was yet to take a decision in this matter.

The petitioner also contended that her two earlier petitions, one seeking a direction to the government to implement the state Cabinet decision and the other for the Governor to countersign the recommendation were dismissed on August 20, 2019.

Nalini in her petition said that she has filed a third petition in the Madras High Court seeking a writ of declaration that the Governor’s “failure” to act in accordance with the recommendation was unconstitutional.

Crime

RG Kar rape-murder: Calcutta HC seeks CBI’s response on plea for fresh probe 

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Kolkata, Dec 19: The Calcutta High Court on Thursday sought the response of the Central Bureau of Investigation (CBI) on the plea filed earlier in the day, seeking a fresh probe in the ghastly rape and murder of a junior woman doctor of state-run R.G. Kar Medical College & Hospital in Kolkata within the hospital premises in August.

In their petition, the victim’s parents have claimed that they are highly unsatisfied with the present course of investigation by the CBI in the matter, a single-judge bench of Justice Tirthankar Ghosh has directed the central agency to submit its point of view on the matter to the court.

The next hearing on the matter has been scheduled for December 24 and before that, the CBI will have to submit its response and report to Justice Ghosh’s bench.

According to the parents, since the trial process in the matter has already started and the statements of the witnesses are being recorded, unless the Calcutta High Court intervenes in the matter right now, there might be possibilities of the probe going in the wrong direction.

Since the time a special court in Kolkata last week granted default bail to two individuals accused of tampering with the evidence since the CBI was unable to file a supplementary charge sheet against them within 90 days from the day of their arrest, the victim’s parents, as well as the representatives of the state’s medical fraternity, had been accusing the CBI of gross incompetence in the matter.

The CBI has come under scathing criticism because of its failure to submit the supplementary charge sheet against former and controversial Principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal. Following its failure to submit the charge sheet within the stipulated period, both Ghosh and Mondal were granted default bail in the case by a special court in Kolkata last week.

While Ghosh continues to be behind bars because of the parallel probe by the CBI against him in the case of financial irregularities at R.G. Kar, Mondal is already out on bail.

Recently, the victim’s parents have also changed their counsel representing them at the Supreme Court.

The West Bengal Junior Doctors’ Front, an umbrella of the body of junior doctors in the state spearheading the movement on this issue, has already threatened to resume their protests which they withdrew earlier keeping the larger public interest in mind.

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Crime

RG Kar rape-murder: Victim’s parents approach Calcutta HC seeking fresh probe

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Kolkata, Dec 19: Not satisfied with the current course of investigation by the Central Bureau of Investigation (CBI) in the ghastly rape and murder of a junior doctor of R.G. Kar Medical College & Hospital in Kolkata in August this year, the parents of the victim on Thursday approached the Calcutta High Court seeking a court direction for initiating a fresh probe into the matter.

The victim’s parents have claimed that they do not have any faith in the course of the current investigation by the central agency in the matter and hence they want a fresh investigation from the beginning in the matter.

The parents have moved the single-judge Bench of Justice Tirthankar Ghosh with their petition in the matter.

Justice Ghosh has admitted the petition and the matter might come up for hearing next week.

According to the parents, since the trial process in the matter has already started and the statements of the witnesses are being recorded, unless the Calcutta High Court intervenes in the matter right now, there might be possibilities of the probe going in the wrong direction.

Since the time a special court in Kolkata last week granted “default bail” to two individuals accused of tampering with the evidence since the CBI was unable to file a supplementary charge sheet against them within 90 days from the day of their arrest, the victim’s parents as well as the representatives of the state’s medical fraternity had been accusing the CBI of gross incompetence in the matter.

Those two accused persons were the former principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal. Ghosh is still behind bars because of the pending parallel probe by the CBI against him in the case of financial irregularities at R.G. Kar, while Mondal is already out on bail.

The CBI so far has filed only one charge sheet in the case were civic volunteer Sanjay Roy had been identified as the “sole prime accused” in the rape and murder.

Recently, the victim’s parents have also changed their counsel representing them at the Supreme Court of India.

West Bengal Junior Doctors’ Front, an umbrella of the body of the junior doctors in the state spearheading the movement on this issue, has already threatened to resume their protests which they withdrew earlier keeping the larger public interest in mind.

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Crime

Arms, ammunition, narcotics recovered by security forces in J&K’s Kupwara

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Srinagar, Dec 18: Security forces said on Wednesday that a large cache of arms, ammunition and narcotics was recovered during searches in Jammu and Kashmir’s (J&K) Kupwara district.

Officials said on Wednesday, “Security forces, including the Army and the police recovered four pistols, six pistol magazines, four kilograms of narcotics, and other incriminating materials during a search operation in the general area of Amrohi, Tangdhar in Kupwara District.”

Security forces have started an aggressive campaign against terrorists, their Over Ground Workers (OGWs) and sympathisers in order to dismantle the terror ecosystem in J&K.

Properties worth multiples of crores belonging to drug smugglers and peddlers have been attached in Kashmir Valley after obtaining requisite orders from the competent authority.

Lieutenant Governor (LG) Manoj Sinha has been chairing top-level security meetings.

During these meetings the LG has given clear orders to the security forces to go all-out against the terror ecosystem.

Union Home Minister, Amit Shah is chairing a top level security review meeting regarding J&K on Thursday in Delhi.

Chiefs of Intelligence agencies, police, CAPFs and others connected with the anti-terrorist grid in J&K will attend the meeting.

Security forces revised their strategy after terrorists carried out some dastardly attacks in the aftermath of peaceful people participative Lok Sabha and legislative Assembly elections in J&K.

These elections were witnessed by diplomats of many countries and this, according to Intelligence agencies, has frustrated the terror handlers sitting across the border in Pakistan.

Intelligence inputs indicate that the terror handlers have given directions to terrorists in J&K to give dying terrorism its last push.

Heightened vigilance is also being maintained at the border in J&K following reports that terrorists are waiting at the launching pads to sneak into the Indian side of the border before the mountain passes are closed by this season’s snow.

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