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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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India is safe in the hands of PM Modi, says Farooq Abdullah on Pahalgam attack fallout

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New Delhi, May 2: Jammu and Kashmir National Conference President, Farooq Abdullah on Friday strongly condemned the recent terror attack in J&K’s Pahalgam and called for strict action against the perpetrators of the massacre of 26 innocent civilians. He also asserted that India was safe in the hands of Prime Minister Narendra Modi.

In an interview with Media, Abdullah spoke about Pakistan’s role in terrorism and demanded strict action against those involved in the recent Pahalgam attack. He also discussed issues ranging from the Indus Water Treaty to the caste census.

Here is the full interview:

Media: What is your opinion on the Pahalgam terror attack?

Farooq Abdullah: The Pahalgam incident was very painful. It should not have happened. This is a murder of humanity. Those who did this must be condemned as much as possible. They should be caught and punished in such a way that it becomes an example for others.

Media: Do you think Pakistan has a hand in the Pahalgam incident?

Farooq Abdullah: Anyone could be involved in the Pahalgam incident. Until we catch them, we cannot say who it is. The handlers must be the same ones who did it before. It’s not just about today. They did it in Uri too. You must have seen what happened in Pulwama. Who did it in Mumbai? Who did it in Pathankot? Who did it in Rajouri and Poonch? The handlers are sitting there.

Media: Was the Pahalgam incident a conspiracy by Pakistan?

Farooq Abdullah: They (Pakistan) feel that we (Indians) are living in peace and thousands of tourists are roaming here in Kashmir. They didn’t like it. They don’t want us to live in peace. Since 1947, they have tried to destroy as much as they can and will continue to try.

Media: Can India take back Pakistan-Occupied-Kashmir?

Farooq Abdullah: This is a decision for the country’s Prime Minister to take. Farooq Abdullah cannot give him any advice. This must be the Prime Minister’s call.

Media: Is the country safe in the hands of the Prime Minister?

Farooq Abdullah: If the country wasn’t safe in the hands of the PM, he wouldn’t be the PM. Today, the PM has to take care of everyone, every citizen of the country, he must do that.

Media: Pakistanis are being expelled from India, how do you see this?

Farooq Abdullah: Those people have been living here for 50 years. Women who were married here, have children, and now they’ve been sent to Pakistan. Now they are neither here nor there. What kind of justice is this? Their children are here. They are citizens here. The Prime Minister will have to make a decision on what to do.

Media: Did the Pahalgam incident happen because of the Waqf Act?

Farooq Abdullah: The Waqf Act is different, the Pahalgam incident is different. We cannot link both. The Waqf matter is in the Supreme Court. We hope the Supreme Court will look at this matter properly.

Media: Could local Kashmiris have had a role in the Pahalgam incident?

Farooq Abdullah: I don’t think this kind of thing can happen without some kind of help. Unless someone supports them, how did they come? From where did they come? I said earlier, too, when Masood Azhar was released, I said don’t release him. He has already made his paths. Who knows if he is involved in this too? But no one listened to me. They took him to Pakistan. Children were killed here. They shot my cousin at his home. We caught him with great difficulty, but they took him in a plane to Kandahar. No one listened to us in that.

Media: Is it right to stop Pakistan’s water?

Farooq Abdullah: We’ve been saying for years that this treaty should be renegotiated. We are generating power from that water, but their people come and monitor. The water is ours. We have a right to it. We already have a water shortage in Jammu. In my time, a Rs 200 crore plan was made to bring water from Chenab to Delhi but the World Bank did not approve. Today I believe it is the right time to work on this water issue so Jammu can get water. It’s our own water and we’re not even using it. This treaty must be renegotiated.

Media: Whose fault could the Pahalgam incident be?

Farooq Abdullah: We are nearing the point of war. At this point, if we point out whose mistake it is, it won’t be right. This is not the time to point fingers. This won’t make India stronger. Once the matter is settled and we catch them, then a commission should be set up to see whose mistake it was, and where the lapse happened. Now is not the time to blame anyone, now is the time to act.

Media: What is your view on the caste census?

Farooq Abdullah: The caste census is a very good thing. How many Dalits are there? How many Muslims are there, how many Sikhs, how many Christians, how many Buddhists, everyone will know. This country belongs to everyone. The world will know this country is a garden of many colours and that many people live here; people who believe in it. It’s a good thing. This demand has been there for a long time.

Media: Is the country ready for war?

Farooq Abdullah: This will be the Prime Minister’s final command. The PM has given full freedom to the three chiefs of the Army, Navy, and Air Force. But the final command is in the PM’s hand.

Media: Do you think war is the only solution?

Farooq Abdullah: I would say, we should see Russia and Ukraine’s war. Who suffered? Ukraine got destroyed. America did not, even give weapons, but people died in Ukraine. Both sides should think about who suffers. There should be an attempt to open diplomatic channels. In America itself there was terrorism, 9/11 can’t be forgotten. We have given warnings several times to stop terrorism but they won’t listen.

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Thousands pouring into Amaravati for capital works re-launch

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Amaravati, May 2: Thousands of people from various parts of Andhra Pradesh have started arriving here on Friday for the re-launch of Amaravati state capital works by Prime Minister Narendra Modi.

People from almost all districts were descending on the state capital to attend the public meeting scheduled to be held on Friday evening.

All roads leading to Amaravati were teeming with buses carrying people from all Assembly constituencies.

About five lakh people from across the state are expected to attend the public meeting.

There was a festive atmosphere in the villages in Amaravati as people, especially farmers who gave 43,000 acres of land for the state capital, were celebrating the re-launch of works after years of uncertainty, political turmoil and legal fight.

At the mega event, the Prime Minister will lay the foundation for Rs 49,040 crore worth of capital works in the presence of Chief Minister N. Chandrababu Naidu, Deputy Chief Minister Pawan Kalyan, ministers and leaders of the ruling coalition.

The Prime Minister is scheduled to arrive at Gannavaram Airport, Vijayawada, at 2.55 p.m. The NDA leaders will receive him.

He will then reach Amaravati by helicopter. Governor Abdul Nazeer, the Chief Minister and the Deputy Chief Minister will welcome him at the helipad near the State Secretariat in Velagapudi at 3.15 p.m.

The Prime Minister will reach the venue of the public meeting at 3.30 p.m. He will unveil a pylon to formally re-launch the capital works. These include five towers of the Amaravati Government Complex, the High Court, the Legislative Assembly building, etc.

PM Modi will also lay the foundation stone for some works and inaugurate some other projects worth Rs.8,000 crore relating to the DRDO, the DPIIT, the NHAI, and the Railways.

He will spend one hour and 15 minutes at the public meeting before flying back to Delhi from Gannavaram Airport.

Authorities have made elaborate arrangements for the public meeting on a 250-acre area.

It was on October 22, 2015, that the Prime Minister had laid the foundation stone for Amaravati.

Few development works were undertaken by the then TDP government. However, the works came to a halt after TDP lost power in 2019 as the YSR Congress Party government headed by Y.S. Jagan Mohan Reddy decided to develop three state capitals.

This faced stiff resistance from farmers of 29 villages in Amaravati who had given their lands for the development of the state capital.

After the TDP-led NDA stormed to power in June last year, Chandrababu Naidu decided to resume work on his dream project.

The state government has decided to take up various works at a cost of Rs 77,250 crore. Tenders have already been called for works worth Rs 49,000 crore.

The Centre has assured all support in undertaking the works. The World Bank and Asian Development Bank (ADB) have agreed to lend Rs.15,000 crore. The Housing and Urban Development Corporation (HUDCO) has approved a loan of Rs 11,000 crore.

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Pakistan Army resorts to unprovoked firing on LoC in J&K for 8th consecutive day

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Jammu, May 2: Pakistan Army resorted to unprovoked small arms firing on Indian positions along the Line of Control (LoC) in Jammu and Kashmir for the eighth consecutive day on Friday.

Defence Ministry statement on Friday said, “During the night of May 1 and May 2, Pakistan Army posts resorted to unprovoked small arms firing from posts across the LoC opposite Kupwara, Baramulla, Poonch, Naushera, and Akhnoor areas of the Union Territory of Jammu and Kashmir.”

“Indian Army troops responded in a calibrated and proportionate manner.”

In addition to the LoC, Pakistan Army also violated ceasefire on the International Border in Pargwal sector of Jammu on Thursday.

Tensions have mounted between the two countries after Lashkar-e-Toiba (LeT) terrorists sponsored and aided by Pakistan killed 26 innocent civilians, including 25 tourists and a local, on April 22 in Baisaran meadow of Pahalgam.

The entire country was outraged by the cowardly act of terrorists as Prime Minister Narendra Modi said in his first reaction to Pahalgam killings that the terrorists, their handlers and backers would be chased and hunted down to the ends of the earth.

The Prime Minister has given a free hand to the Armed forces of the country to avenge the Pahalgam carnage by deciding on the timing, targets and the magnitude of response to hunt down the terrorists.

Defence Minister Rajnath Singh had a 40-minute-long meeting with the Prime Minister on Monday.

The Defence Minister met the PM after he received a detailed briefing by the Chief of Defence Staff (CDS) on the preparedness of the country’s armed forces to meet any eventuality.

Jammu and Kashmir Lieutenant Governor (L-G) Manoj Sinha had a security review meeting with Army Chief General Upendra Dwivedi in Srinagar a few days ago.

The L-G asked the Army to use whatever force is required to hunt down the perpetrators of the Pahalgam terror attack.

Meanwhile, to send a powerful message to terrorists, their overground workers and sympathisers, security forces continue demolition of the houses of terrorists.

Last Friday, two houses belonging to Adil Hussain Thokar and Asif Sheikh were demolished in the Tral and Bijbehara areas.

Both these terrorists were part of the LeT terrorist group involved in the Pahalgam killings.

Security forces have so far demolished the houses of 10 terrorists, who are reportedly still active in the Kashmir Valley.

On Monday, the Jammu and Kashmir Assembly unanimously condemned the dastardly terrorist attack and passed a resolution on this.

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