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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

CBI court sentences former oriental insurance manager to 3-year jail in bribery case

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New Delhi, Nov 29: A special CBI court in Ahmedabad on Saturday sentenced former Senior Divisional Manager of Oriental Insurance Company Limited, Rajkot, Mahendra A. Loonker, to three years of rigorous imprisonment in a 13-year-old bribery case.

The court also imposed a fine of Rs 1 lakh on the former official.

According to the CBI press note, the case was registered on July 11, 2012, following a complaint by a partner of a private firm.

Loonker, then serving as Senior Divisional Manager at the insurance company’s Rajkot office, had allegedly demanded a bribe of Rs 15,000 to clear an accident insurance claim submitted by the complainant for an injured employee.

“CBI registered the instant case on July 11, 2012 against the accused person on allegations that accused Mahendra A Loonker, the then Sr. DM, Oriental Insurance Co. Ltd., Rajkot had demanded and accepted an illegal gratification of Rs 15,000 from the complainant, Partner of a private company in order to pass the Accident Insurance Claim filed by him regarding the accident and injury of his employee,” the CBI said.

CBI officials arrested Loonker the same day the FIR was filed, after he was found to have accepted the bribe.

Subsequent searches were carried out at his residence and office premises in Rajkot. Investigators later filed a chargesheet on December 3, 2012, against the accused for demanding and accepting illegal gratification and criminal misconduct committed by the accused public servant.

After examining the evidence and hearing arguments from both sides, the court held Loonker guilty and convicted him accordingly.

Meanwhile, the CBI Court in Vijayawada on Friday sentenced a former Railway official to one year of imprisonment in a nearly two-decade-old bribery case.

The court convicted Matta Dharma Rao, who was serving as Assistant Divisional Engineer with South Central Railway in Bhimavaram, West Godavari district, for demanding and accepting illegal gratification from a contractor.

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Crime

No firearms used in Bihar Deputy CM Sinha’s victory procession, clarify police

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Patna, Nov 29: A day after a purported video showed supporters using guns to fire in the air during the victory march of Bihar Deputy Chief Minister Vijay Kumar Sinha in Lakhisarai, Superintendent of Police Ajay Kumar on Saturday clarified that “firecracker guns, not firearms” were used in the celebratory firing.

Vijay Kumar Sinha, who has been elected from Lakhisarai for the fifth time, was welcomed by supporters in a grand procession.

The video circulating on social media alleged that supporters used firearms, triggering sharp criticism. However, the police investigation found the claims to be misleading.

According to SP Ajay Kumar, the device seen in the video was seized and examined by an armourer.

The probe confirmed that it was not a real rifle but a firecracker gun, a device commonly used for fireworks, bird-scaring, and to chase away nilgai and boars that damage crops in the region.

“It poses no threat to life or property,” the SP said.

Locals said that such devices are traditionally used in weddings, festivals, and celebrations involving the fulfilment of vows. After verifying their statements, police released the two youths seen handling the device in the video.

The Superintendent of Police urged the public to verify the authenticity of any video or claim before sharing it online, cautioning against the spread of misinformation.

He reiterated that the firing involved only a firecracker containing gunpowder, not a live bullet.

Following the viral video, RJD leaders were quick to target the Deputy Chief Minister.

From the party’s official X handle, RJD posted, “Fire the bullet, show the double-barrelled gun, intimidate the public – the government of loud speeches has arrived. Now for five years, keep listening to sermons based on stories from 25–30 years ago, because this government is capable of nothing more than this.”

RJD spokesperson Ejaz Ahmed also criticised the administration, saying, “The gunfire that greeted Deputy Chief Minister Vijay Sinha shows the true state of affairs in Bihar. While the Home Minister talks about expelling crime and criminals, the government must clarify what action will be taken against those who created fear among the public with such firing.”

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Mumbai Press Exclusive News

Jogeshwari POCSO case: Accused out on bail arrested again

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Mumbai: A fugitive accused involved in the Mumbai Pisco case has been arrested again by the Jogeshwari police after 6 years. In Jogeshwari, Mumbai, accused Pankaj Panchal, 27, was arrested in 2019 in the Pisco child abuse and exploitation case and was on bail but was absent from court proceedings and had been hiding his identity for the last 6 years. The police received information that the accused had come near the SRA building, on which the police laid a trap and succeeded in arresting the accused from Jogeshwari. The court had also issued a non-bailable warrant against him, after which the police complied with it and arrested him and presented him in the court and the court has sent him on remand. The police are investigating further. This information has been given by DCP Datta Nalawade of Mumbai Police Zone 10.

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