11 get life term in Gulberg society massacre case

June 17, 2016

Ahmedabad, Jun 17: Calling the Gulberg massacre as the "darkest day" in the history of civil society, a special SIT court here today sentenced 11 convicts to life imprisonment in the case of burning alive of 69 people, including former Congress MP Eshan Jafri in the 2002 post-Godhra violence.

Gulberg1

Rejecting the demand for death sentence for all the convicts, the court said life imprisonment for the 11 will be till death if the state does not exercise power to remit the sentence.

The court awarded ten year jail term to one of the 13 convicted for lesser offences while 12 others have been given seven-year sentence each. The prosecution had argued that all the 24 convicts should be given death penalty.

While describing the massacre as the darkest day in the history of civil society, Special court Judge P B Desai refused death penalty saying, "If you look at all aspects, no previous antecedent has been placed on record".

Post the incident, 90 per cent of the accused were released on bail, yet no complaints against them have been given even by victims, and there is no record to show that they committed any offence during the time of bail, the judge further said, while giving reasons why he thought that this was not a fit case to give capital punishment to the convicts.

The court said it has decided to award imprisonment for life without any time frame to 11 accused, who have been convicted for murder, while requesting the state not to use its power to remit the sentence after 14 years of imprisonment.

"CrPC provisions give power to the state to remit sentence after 14 years jail, section 433-A imposes some restriction on that power. In case the state does not exercise power to remit the sentence, life imprisonment will mean that it is till death," the court said.

"I cannot add beyond what has been prescribed under section 302, it is not necessary for a state to exercise power to remit sentence, state may not exercise power of remittance," the judge said, adding the court's direction cannot be binding as he cannot take away the executive powers of the state.

As regards the 13 others accused convicted for lesser offences not including murder (302), the court awarded 10 years imprisonment to one Mangilal Jain, while 12 others were awarded seven-year sentence each.

The Gulberg Society massacre, which took place here on February 28, 2002 when Narendra Modi was the Gujarat Chief Minister, shook the nation when a mob of 400 people set about attacking the society in the heart of Ahmedabad and killed the residents including Jafri.

It was one of the nine cases of the 2002 Gujarat riots probed by the Supreme Court-appointed SIT.

"All the sentences will run concurrently as the Supreme Court has laid it down clearly that if the crime had single purpose, sentences given for different sections of IPC should run concurrently," the court said.

The prosecution and the victims had demanded that sentences awarded to all the accused should not run concurrently as all the 24 convicts will have to spend their entire life behind bars.

Earlier on June 2, the court had convicted 11 persons for murder and other offences, while 13 others, including VHP leader Atul Vaidya, were charged with lesser offences. It had acquitted 36 others in the case.

Those given life sentence in the case are - Kailash Dhobi, Yogendra Shekhawat, Jayesh Jingar, Krishna Kalal, Jayesh Parmar, Raju Tiwari, Bharat Rajput, Dinesh Sharma, Narayan Tank, Lakhansinh Chudasama and Bharat Taili.

One Mangilal Jain, who was convicted for lesser offence, has been sentenced to 10 years jail term.

Besides, VHP leader Atul Vaid, Mukesh Jingar, Prakash Padhiyar, Surendrasinh Chauhan, Dilip Parmar, Babu Marwadi, Manish Jain, Dharmesh Shukla, Kapil Mishra, Suresh Dhobi, Ambesh Jingar and Sandeep Punjabi have been sentenced to seven years imprisonment each.

During the argument on quantum of sentence, special public prosecutor and counsel for Supreme Court-appointed Special Investigation Team (SIT), R C Kodekar had asked the court for nothing less than death sentence or jail term till death for all 24 convicts.

Lawyer for the victims, S M Vora, also sought maximum punishment for the accused and argued that sentencing for each offence should not run concurrently so that they spend their entire life in jail.

However, lawyer of the accused, Abhay Bhardwaj, has refuted the demand of capital punishment or maximum punishment in his arguments saying that the incident was spontaneous and there were enough provocations for it.

The Gulberg society massacre was one of the nine cases of 2002 Gujarat riots probed by the SC-appointed SIT.

The incident had taken place a day after S-6 coach of Sabarmati Express was burnt near Godhra train station in which 58 'kar sevaks' returning from Ayodhya were killed.

During the course of trial, as many as 338 witnesses were cross-examined, with four different judges having presided over the case.

Comments

Ahmed Ali K
 - 
Friday, 17 Jun 2016

Death sentence?
for what?
Is he a non Hindu?

Jaleel S
 - 
Friday, 17 Jun 2016

Rarest of rare judgement...

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Agencies
July 13,2020

Hyderabad, Jul 13: Family members of Telugu poet and writer Varavara Rao, who is currently lodged in Navi Mumbai's Taloja jail in the Bhima Koregaon case, on Sunday appealed to the government for his immediate release in view of his deteriorating health.

Rao's wife P. Hemalatha and their three daughters urged the government to save his life by shifting him to a hospital or allow them to provide him with immediate medical care.

We want to remind the government that it has no right to deny the right to life of any person, much less an undertrial prisoner," they said.

His family members said they were very much worried about his deteriorating health. They said his health condition had been scary for over six weeks, ever since he was shifted in an unconscious state to JJ Hospital on May 28.

"Even as he was discharged from the hospital and sent back to jail three days later, there has been no improvement in his health and he is still in need of emergency healthcare," Hemalatha said.

"The immediate cause of concern now is that we are very much perturbed at the routine phone call we received from him on Saturday evening. Though the earlier two calls on June 24 and July 2 were also worrying with his weak and muffled voice, incoherent speech and abruptly jumping into Hindi. But the latest call, on July 11 is much more worrisome as he did not answer straight questions on his health and went into a kind of delirious and hallucinated talk about the funeral of his father and mother, the events that happened seven decades and four decades ago respectively," Rao's wife said.

She said her husband's co-accused companion took the phone from him and informed her that he is not able to walk, go to the toilet and brush his teeth on his own.

"We were also told that he is always hallucinating that we, family members, were waiting at the jail gate to receive him as he was getting released. His co-prisoner also said he needs immediate medical care for not only physical but also neurological issues. The confusion, loss of memory and incoherence are the results of electrolyte imbalance and fall of Sodium and Potassium levels leading to brain damage. This electrolyte imbalance may be fatal also."

Stating that Taloja Jail Hospital is not well equipped to handle this kind of serious ailment, they demanded that he be shifted to a fully equipped super specialty hospital to save his life and prevent possible brain damage and risk to life due to electrolyte imbalance.

"At the present juncture we are leaving aside all the pertinent facts like, that the case against him is fabricated; he had to spend 22 months in jail as an undertrial with the process turned into punishment; his bail petitions got rejected at least five times now and even the bail petitions with his age, ill-health and COVID vulnerability as grounds were ignored. His life is the top most concern for us right now. Our present demand is to save his life," the family said.

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Agencies
August 3,2020

The Drugs Controller General of India (DCGI) has given nod to the Serum Institute of India (SII) for conducting phase 2 and 3 human clinical trials of the Oxford University developed Covid-19 vaccine candidate in the country.

Government officials said that the approval for conducting phase 2 and 3 clinical trials by the SII was granted by DCGI Dr V G Somani late Sunday night after a thorough evaluation based on the recommendations of the Subject Expert Committee (SEC) on Covid-19.

"The firm has to submit safety data, evaluated by the Data Safety Monitoring Board (DSMB), to the CDSCO before proceeding to phase 3 clinical trials," a senior official said.

"As per the study design, each subject will be administered two doses four weeks apart (first dose on day one and second dose on day 29) following which the safety and immunogenicity will be assessed at predefined intervals," the official said.

As a rapid regulatory response, the expert panel at the Central Drugs Standard Control Organisation (CDSCO) on Friday, after a detailed deliberation and considering the data generated on the vaccine candidate in phase 1 and 2 of the Oxford University trial, had recommended granting permission for phase 2 and 3 clinical trials of the potential vaccine, 'Covishield', on healthy adults in India,  the officials said.

Currently, phase 2 and 3 clinical trials of the Oxford vaccine candidate is going on in the United Kingdom, phase 3 clinical trial in Brazil and phase 1 and 2 clinical trials in South Africa.

The officials said that the SII had submitted a revised proposal on Wednesday after the SEC on July 28, following deliberation over its application, had asked it to revise its protocol for the phase 2 and 3 clinical trials besides seeking some additional information.

The panel had also recommended that the clinical trial sites which have been proposed for the study be distributed across India.

According to the revised proposal by the SII, 1,600 people aged above 18 years will participate in the trials across 17 selected sites, including AIIMS-Delhi, B J Medical College in Pune, Rajendra Memorial Research Institute of Medical Sciences (RMRIMS) in Patna, Post Graduate Institute of Medical Education and Research in Chandigarh, AIIMS-Jodhpur, Nehru Hospital in Gorakhpur, Andhra Medical College in Visakhapatnam and JSS Academy of Higher Education and Research in Mysore.

"According to the application, it would conduct an observer-blind, randomised controlled study to determine the safety and immunogenicity of 'Covishield' on healthy Indian adults," the official said.

The SII, which has partnered with AstraZeneca, for manufacturing the Oxford vaccine candidate for Covid-19 had submitted its first application to the DCGI on July 25 seeking permission for conducting the phase 2 and 3 trials of the potential vaccine. 

Initial results of the first two-phases of trials of the vaccine conducted in five trial sites in the UK showed that it has an acceptable safety profile and homologous boosting increased antibody response, sources had said.

To introduce the vaccine, SII, the world's largest vaccine maker by number of doses produced and sold, has signed an agreement to manufacture the potential vaccine developed by the Jenner Institute (Oxford University) in collaboration with British-Swedish pharma company AstraZeneca. 

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Agencies
May 14,2020

Wayanad, May 14: Coronavirus scare has gripped the police in the district as around 70 personnel, including their chief, have gone on quarantine as a precautionary measure after three colleagues tested positive for the pathogen.

A day after three personnel of Mananthavady police station tested positive for COVID-19, District Superintendent of Police R Illango said on Thursday he and others decided to quarantine themselves as they had been in contact with some other colleagues from the station. Twenty four personnel, including a Deputy Superintendent of Police, have gone on quarantine after giving their samples for testing three days ago as a measure of abundant caution after a man questioned in Manathavady police station in connection with a case tested positive for the virus on May 9.

Of the 24, results of 18 have been received so far and three personnel tested positive on Wednesday, following which the station has been disinfected and virtually closed and contact tracing underway.

On Wednesday, the SP and some other police personnel had interacted with the DySp for close to an hour at a checkpost following which over 40 police personnel have voluntarily decided to go on quarantine.

"We are actually being over cautious. I have spoken to all the policemen. We know we are in the high-risk job. We are concerned that we might spread it to family members, public, or colleagues. So we want to maintain extreme caution", Illango, who is on home quarantine, told PTI.

With the three personnel testing positive in the state, Kerala Director General of Police Loknath Behera said the force should take all necessary precautions and fearlessly go ahead in the fight against the virus.

The three from Manathavady are believed to have contracted the virus after they came in contact with a man who was called to the station in connection with a case on April 28 and May 2. He later tested positive for COVID-19 on May 9. This man is suspected to be a contact of a truck driver, who has turned out to be a super spreader after returning to the district from Chennai's Koyambedu market, a hotspot, and had infected at least 10 others, including his wife, mother and grandchild.

The Mananthavady police station has been disinfected with the help of the Health Department and Fire Force personnel. Computers and wireless equipment have been shifted to other police buildings and the station's charge has been temporarily given to Vallamunda Station House Officer, a release from the DGP's office said. Two police personnel wearing personal protection equipment (PPE) kits would be at the station to take care of necessary work and a health worker posted to help them, it said.

Police personnel from other stations have been mobilised to meet any shortage, Illangosaid adding they need not come to the police station but directly go to the duty points. Meanwhile, the district health authorities said the standard operating procedure (SOP) has been initiated as soon as the test results of the three came by Wednesday noon. Accordingly, all personnel who were on duty were sent to nearby lodges and resorts for quarantine.

One of the policemen who tested positive had been to Sulthan Bathery police station and Muthanga area, where the DySP and few other officials were also present. This is being seen as a lapse on the part of the police department. However, police sources said none had directed the 24 personnel, whose samples were collected on Monday, to go on quarantine or abstain from duty. The health department is trying to map out the contact list of the police personnel to contain further spread from their direct and secondary contacts.

According to police sources, the Sulthan Bathery Circle Inspector, two sub-inspectors and about 18 police personnel of the Mananthavady police station are among those who have been put on quarantine. As part of containment measures, the courts in Sulthan Bathery and Mananthavady have been closed on Thursday, officials said. 

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