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SC orders release of death row convict found to be juvenile at the time of crime

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The Supreme Court has set side the death sentence of a rape-murder convict, after it was established that he was a juvenile on the date of commission of the offence.

A top court bench of justices B.R. Gavai, Vikram Nath and Sanjay Karol said: “The conviction of the appellant is upheld; however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the Juvenile Justice Board (JJB) or any other child care facility or institution. The appellant is in judicial custody. He shall be released forthwith.”

The apex court affirmed the trial court order convicting him for the offence of rape and murder, but set aside the death sentence awarded to the accused, convicted in a December 2017 rape and murder case in Madhya Pradesh.

The bench noted that it is of the view that merits of the conviction could be tested and the conviction which was recorded cannot be held to be vitiated in law merely because the inquiry was not conducted by the JJB.

“It is only the question of sentence for which the provisions of the Juvenile Justice (Care and Protection) Act, 2015, would be attracted and any sentence in excess of what is permissible under the 2015 Act will have to be accordingly amended as per the provisions of the 2015 Act. Otherwise, the accused, who has committed a heinous offence and who did not claim juvenility before the trial court, would be allowed to go scot-free,” added the bench.

The top court judgment came on a man’s plea challenging the Madhya Pradesh High Court’s order dated November 15, 2018. The Indore bench of the high court had upheld the death sentence awarded by the lower court and dismissed the appeal filed by the appellant challenging his conviction and sentence.

The accused, during the pendency of these appeals, moved an application claiming juvenility and consequently the benefits available under the provisions of the 2015 Act.

The bench said the appellant is held to be less than 16 years, and therefore, the maximum punishment that could be awarded is up to three years.

“The appellant has already undergone more than five years. His incarceration beyond three years would be illegal, and therefore, he would be liable to be released forthwith on this count also,” it added.

The bench considered a report from the Court of First Additional Sessions Judge, Manawar, Dhar district, Madhya Pradesh, dated October 27, 2022 along with all the material evidence both documentary and oral adduced before it on the basis of which the report has been submitted.

The top court accepted the trial court report and held that the appellant was aged 15 years, four months and 20 days on the date of the incident.

It added, “It would also be pertinent to notice that the institution is not a private institution, but a government primary school and this court does not find any reason to disbelieve or even doubt the testimony of government servants both working and retired.”

The bench noted, “The intention of the legislature is to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.”

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LS Speaker reprimands Sonia Gandhi over Waqf bill ‘bulldozed’ remarks

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New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.

Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.

The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.

“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.

Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.

Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.

He also demanded that the Speaker issues an “appropriate order” in response to these remarks.

Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.

“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.

A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.

“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.

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After passage from Parliament, Waqf Bill awaits President’s nod: Details here

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New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.

The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.

With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.

The next course of action is the Presidential assent for the bill, following which it will turn into a law.

The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.

According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).

The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.

Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.

As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).

Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.

Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.

Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.

“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.

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Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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