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‘Politically motivated’, Bilkis Bano case convict to SC on plea challenging release of accused

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A convict in the Bilkis Bano case has told the Supreme Court that the petition challenging Gujarat government’s remission order is “speculative and politically motivated”.

The plea filed by Radheysham Bhagwandas Shah said: “This court not only on the ground of locus and maintainability, but also on the ground of such speculative and politically motivated petition, should dismiss the said plea with heavy hand and impose an exemplary cost so that such politically motivated petition by strangers are not encouraged in the future.”

The plea cited a number of the top court judgments, including Janata Dal vs H.S. Chowdhary (1992), Simranjit Singh Mann vs UOI (1992) and Subramanian Swamy vs Raju (2013), in which it was consistently held in clear terms that a third party who is a total stranger to the prosecution has no ‘locus standi’ in criminal matters.

The convict also referred to the apex court judgment dated May 13, 2022 on the merits of the case, which after hearing all the parties came out with a categorical judgment that only the Gujarat government’s policy of premature release would be applicable, which prevailed at the time of conviction and not a subsequent policy at the time of consideration of remission.

Shah was challenging the plea filed by former CPI-M MP Subhasini Ali, journalist Revati Laul and professor Roop Rekha Verma against the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots.

A similar plea was also filed by Trinamool Congress MP Mahua Moitra.

On September 9, the apex court had directed the Gujarat government to file all records, which formed the basis for granting remission to all the accused in the case. It directed the state government to file its response within two weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a response.

Shah’s plea contended that if such type of third-party petitions are entertained by the apex court, it would not only unsettle the settled position of law, but would also be an open invitation to any member of the public to jump in any criminal matter before a court of law.

Shah argued that the plea is nothing but a gross abuse of Article 32, as on one hand, the petitioners plead that they do not have the copy of the remission order and yet without ascertaining the reasons for grant of remission, the petitioners have sought quashing of the remission order.

It further argued that the apex court had categorically held that a total stranger in a criminal case cannot be permitted to question the correctness of a decision, and if that was to be permitted, any and every person could challenge a criminal prosecution/proceeding recorded day in and day out by courts even if the person convicted do not desire to do so and are inclined to acquiesce in the decision.

“Interestingly enough, neither the state nor the victim nor even the complainant has approached this court, and thus it is respectfully submitted that if such cases are sought to be entertained by this court, a settled position of law would certainly become an unsettled position of law,” Shah’s plea added.

Crime

A powerful explosion near Delhi’s Red Fort… High alert across Delhi after the blast; 8 people killed; forensic team arrives at the scene.

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New Delhi: A car explosion near Gate No. 1 of the Red Fort Metro Station on Monday evening caused widespread panic. The force of the blast was so intense that a part of the car landed on the Lal Mandir, located near the Red Fort. The temple’s glass shattered, and doors and windows of several nearby shops were damaged. Several people were reported injured in the incident.

Immediately after the blast, fires were reported in nearby shops. Tremors were felt as far as the Bhagirath Palace area of ​​Chandni Chowk, and shopkeepers were seen calling each other to inquire about the situation. Several buses and other vehicles were also reported to have caught fire.

The fire department received a call about the car explosion in the evening. Following this, it immediately dispatched six ambulances and seven fire tenders to the scene. Relief and rescue operations are underway, and efforts are underway to control the fire.

The cause of the explosion is still unknown. Police have cordoned off the area, and investigating agencies are gathering evidence at the scene. Initial reports suggest the explosion occurred in a car, but its nature and cause are still unclear. Security has been increased throughout the Red Fort and Chandni Chowk areas following the incident.

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National News

Maharashtra CM Devendra Fadnavis Orders World-Class Facilities, AI-Based Security At Jyotirlinga Temples

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Mumbai: Maharashtra Chief Minister Devendra Fadnavis on Monday directed officials to ensure world-class facilities and a state-of-the-art integrated AI-based security system for devotees visiting Jyotirlinga shrines in the state.

During a meeting held at Varsha, his official residence, Fadnavis reviewed the development plans for the Bhimashankar Temple in Pune district, Aundha Nagnath Temple in Hingoli, and Grishneshwar Temple in Chhatrapati Sambhajinagar.

“Jyotirlinga temples attract a large number of devotees throughout the year. Therefore, the development plans should be comprehensive and focused on creating excellent facilities and ensuring security,” he said.

The chief minister instructed officials to accelerate ongoing works and plan new ones effectively.

“An advanced, AI-based integrated security system should be developed to safeguard devotees and provide an immediate response during emergencies,” he said.

Fadnavis further said that facilities such as waiting halls, drinking water, accommodation, internal roads, cleanliness measures, information boards, tourist facilitation centres, parking management, emergency response systems, health facilities and eateries should be strengthened.

He emphasised that temple managements follow strict norms and residents and administrative bodies should be involved in planning and execution.

“Tourism projects that promote environmental conservation and local employment must be implemented quickly,” he said.

The chief minister said that the development plans presented at the meeting will receive funding after approval by a high-level committee, and he asked officials to organise a separate meeting with the Central government to secure clearances from the Archaeological Survey of India (ASI).

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Crime

Thane: Man Stabbed To Death In Dombivali Hotel After Minor Altercation

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Thane: A man was stabbed to death in Dombivali in Thane district during an altercation after he accidentally brushed against another person, a police official said on Monday.

The incident took place in a hotel in the early hours of Sunday in MIDC Phase 1 area, the Manpada police station official said.

“Akash Bhanu Singh (38) and his friends were having dinner at the hotel when he accidentally brushed against the accused, who picked up a fight. He along with some others stabbed Singh to death. Two of Singh’s friends, who tried to save him, also sustained injuries and have been hospitalised,” the official said.

Four persons were booked under Bharatiya Nyaya Sanhita sections for murder and other offences, though no arrest has been made, he said.

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