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SC issues contempt notice to UP’s DG Prisons for non-compliance on release of convicts

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The Supreme Court on Friday issued notice on a contempt plea filed against Uttar Pradesh Director General of Prisons for non-compliance with court’s earlier orders directing the state government to consider premature release of convicts, who have undergone more than 16 years of actual imprisonment and 20 years with remission.

Advocate Rishi Malhotra, representing the prisoners, submitted before a bench headed by Chief Justice D.Y. Chandrachud that due to inaction of the state, the petitioners continue to languish in jails despite categorial orders passed by the apex court. Malhotra stressed though most of the 48 petitioners have been granted permission for release, the remaining cases have not been considered.

In an order passed on March 14, 2022, the apex court directed the Uttar Pradesh government and the prison authorities to consider the case of the petitioners for premature release within 3 months from the date of the order as per the policy dated August 1, 2018.

After hearing arguments, the bench, also comprising Justice P.S. Narasimha, sought response from DG, Prisons. “Issue notice returnable on next Friday,” it said.

Malhotra stressed petitioners were continuing to languish in jail despite prison authorities recommending their premature release, which amounted to a violation of their fundamental right to life and liberty under Article 21.

“The petitioners continuous to languish in jail custody despite the order passed by this court which is nothing but clear infringement of their Fundamental Right guaranteed under Article 21 of the Constitution as well as illegal detention as the petitioners have already undergone much more than the prescribed sentence in judicial custody,” said the petition.

On January 5, the Supreme Court had asked the DG, Prisons, Uttar Pradesh, to file an affidavit in his personal capacity in connection with steps taken to grant benefits of remission to convicts.

The apex court, in a judgment in September last year, had issued several directions impacting remission of nearly 500 convicts undergoing life imprisonment in Uttar Pradesh.

The UP government on August 1, 2018, issued a remission policy for prisoners undergoing life imprisonment. According to the government, for a lifer to be considered for premature release, the prisoner should undergo 16 years of actual sentence and 4 years of remission – 20 years of total sentence. The policy was amended subsequently in July 2021, 16 years actual sentence and 4 years remission was not changed, but a rider was added that to be eligible the convict must be above 60 years.

The top court had said that all cases for premature release of convicts undergoing imprisonment for life should be considered in terms of the policy dated August 1, 2018. It added that the restriction that a life convict is not eligible for premature release until attaining the age of 60 years, which was introduced by the policy of July 28 2021, stands deleted by the amendment dated May 27, 2022. Hence, no case for premature release shall be rejected on that ground, it said.

It had said that there was no requirement for the convict to submit an application for premature release, and jail authorities must consider their cases automatically.

The top court had also said that district legal services authorities in Uttar Pradesh shall take necessary steps in coordination with the jail authorities to ensure that all eligible cases of prisoners who would be entitled to premature release in terms of the applicable policies, as noticed above, would be duly considered and no prisoner, who is otherwise eligible for being considered, shall be excluded from consideration.

National News

Rahul Gandhi, Kharge condole loss of lives in Malviya Nagar blaze; ask Cong workers to extend help

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New Delhi, June 3: Congress leaders, including party President Mallikarjun Kharge, Lok Sabha Leader of Opposition (LoP) Rahul Gandhi and party MP Priyanka Gandhi Vadra, on Wednesday, expressed grief over the 20 lives lost in the tragic Delhi fire, calling the tragedy “extremely heartbreaking”. They also appealed to Congress leaders and workers to extend every possible help and support to the victims injured in the blaze and the families of the deceased.

At least 20 people were killed, and dozens were injured after a massive fire broke out at the multi-storied Lemon Green Restaurant in Malviya Nagar on Wednesday morning, officials said.

So far, 37 people were rescued and taken to the hospital, while a search for others is underway, officials added.

Congress President Mallikarjun Kharge said he was “deeply saddened” by the news.

“My heartfelt condolences to the families who lost their loved ones and prayers for the speedy recovery of the injured,” he said in a post on X.

He urged the Delhi government and authorities to provide adequate and timely compensation, “including prompt medical care to the victims”.

“I urge Congress workers to extend every possible help and support to the victims in this difficult time,” he added.

LoP Rahul Gandhi called the incident “extremely heartbreaking.”

Taking to X, he said: “I express my deepest condolences to all the bereaved families. I urge all Congress workers to contribute in every possible way to the relief and rescue operations.”

“I hope for the swift recovery of the injured,” Rahul Gandhi mentioned.

Congress MP Priyanka Gandhi Vadra echoed: “The news of the deaths of a large number of people and injuries to nearly three dozen or more due to a fire in a hotel in Malviya Nagar, Delhi, is extremely heartbreaking.”

“May God grant peace to the departed souls. My deepest condolences to the bereaved families. I pray for the swift recovery of the injured,” she wrote in a post on X.

She, too, appealed to Congress leaders and workers to extend their support to the affected people as much as possible.

Senior officials from Delhi Police, Delhi Fire Services and rescue services are present at the scene of the tragedy and were monitoring the situation.

Upon receiving information, ten fire tenders were immediately dispatched to the scene. The fire was soon brought under control. However, the damage was extensive.

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National News

SIR will be used to create a permanent class of excluded Indians: Owaisi

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Hyderabad, June 3: AIMIM president Asaduddin Owaisi on Wednesday said that Special Intensive Revision (SIR) of electoral rolls will be used to create a permanent class of excluded Indians.

He claimed that 6.5 crore names were deleted from the electoral rolls under SIR in 13 states and union territories.

The Hyderabad MP took to ‘X’ to slam the Centre for the proposal to constitute a committee to study the exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants.

“The Union Government first carried out a document-driven SIR that deleted nearly 6.5 crore names from electoral rolls across 13 States and UTs. Now it wants a committee to study those very exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants,” posted Owaisi.

“SIR will be used to create a permanent class of excluded Indians. The right to vote is the poor’s only weapon against the powerful. Without it, the government will do what it pleases with them. We are already seeing reports of people being denied the benefits of government schemes.”

“Under the law, a deletion under SIR does not mean that a person is not a citizen. Twenty-seven lakh people are still under adjudication, and many may apply afresh for enrolment as voters through Form 6. The ECI itself has provided no data on the number of people it excluded because they were foreigners. Available data show that most of those excluded by SIR are Muslims, women, the poor, and migrants,” wrote the MP.

“The government’s own data show that our demography and population have stabilised and that our TFR is 2.0. Why do we need this committee, then? So that there can be constant paranoia and fear directed against Muslims,” said the All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief.

“This government loves making Indians waste their time on documentation. Sometimes it is KYC or SIR; sometimes it is uploading some document to some portal. But it cannot conduct a simple exam properly. Common people are scrutinised by the government, but the government cannot be scrutinised by us,” he added.

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Crime

Module busted by Delhi Police reveals Dawood still operating from Clifton Road, Karachi

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New Delhi, June 2: The Special Cell of the Delhi Police busted a major terror module being run by the Dawood Ibrahim syndicate. The terror module was planning on carrying out attacks in Delhi and Mumbai, said the police following the arrests of the eight people. During the questioning of the accused, one interesting point that came up is that Clifton Road in Karachi continues to remain a safe house of notorious underworld don, Dawood Ibrahim.

The accused told the police that they mainly interacted with a key aide of Dawood Ibrahim Muddasar Hussain Sayyed, alias Munna Jhingada.

An official said that the very fact that the operation was being handled from Clifton Road area makes it clear that Dawood Ibrahim is residing out there.

This is his most well-known address and the ISI keeps him there are it is his safest bet.

Dawood has many other addresses in Pakistan, but for major operations, he operates from Karachi as this is the safest place for him to be in Pakistan.

The official said that Dawood has five addresses, all in Karachi. While the main one is at Clifton, near the Saudi Mosque in Karachi, the others are the Defence Housing Authority, the Noorbad area and the 617 CP Berar Society. In fact he has two addresses in Clifton itself, the official explained.

Another official said the probe into the busting of the recent module reveals that all Dawood’s close aides reside around him. The drug operations or terror modules being set up are all monitored from the Clifton area, near the Saudi Mosque in Karachi, the official further explained.

Post ‘Operation Sindoor’, there were reports about Dawood Ibrahim being shifted out. An Intelligence Bureau official said that he was moved around the five addresses briefly to avoid being hit by the Indian armed forces.

However, once the heat was down, he was back at his Clifton address, the official added.

Officials also say that the location is strategic and also safe. It is the ISI’s regional directorate in Karachi which oversees his protection.

Although the ISI’s national headquarter is based in Islamabad, Karachi houses a massive ISI Regional Directorate (Field Office).

The probe by the Delhi Police also revealed that several ISI officials were part of the planning. They would regularly meet with Jhingada and give him instructions on how to go about the attacks in India.

Investigators have found that the primary targets of the module were Delhi and Mumbai. They were planning on carrying out attacks in other cities depending on the success of the first wave of attacks, investigations have found.

Jhingada established the command centre near Dawood’s residence. This centre was being fully monitored by the ISI officials. They not only ensured that operations ran smoothly, but also heavily guarded the premises, an official said.

The accused persons said that Jhingada along with his associates monitored every aspect, right from recruitment to procurement of arms.

The Dawood Syndicate had earmarked Rs 20 lakh for the module after the successful completion of the project.

Officials say that they were not being treated as run of the mill terror operatives. This was more of a hit job that the ISI wanted to undertake and this explains why the agency wanted the underworld to be involved.

The probe further revealed that the ISI even ensured that the weapons reach India safely.

Jhingada, with the help of the ISI operatives, managed to drop off hand grenades in Gurdaspur Punjab.

The Delhi Police had seized a large cache of weapons and hand grenades during their operation. The idea was to hurl grenades at important locations, the probe found.

Such an operation is not only easy to execute, but it is also cost effective, an official said.

The accused persons had even asked about their exit plan once the attacks were executed. Jhingada assured them a safe passage into Nepal, following which they would be flown to Dubai.

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