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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News Network
January 1,2020

Jammu, Jan 1: As many as 160 terrorists were killed in Jammu and Kashmir this year, while 250 terrorists, including 102 of Pakistani origin, were active in the Valley, Director General of Police (DGP) Dilbag Singh said on Tuesday, noting that terror incidents and the number of local youths turning towards terrorism have decreased.

"250 terrorists have been active in Jammu and Kashmir. There is a decrease in number of active terrorists as compared to last year," Mr Singh said at the annual press conference at police headquarters in Jammu.

The DGP said that there is 30 per cent fall in terrorist incidents, less civilian killings and 36 per cent decrease in law and order incidents as compared to 2018.

"218 such (local) youths joined militant outfits in 2018 but only 139 joined in 2019," he said. Out of these new recruits only 89 have survived.

"The rest have been eliminated as their shelf life is between 24 hours to 2-3 months after joining militancy. There are hardly few old terrorists surviving, which include Jehangir Saroori and Riyaz Nayikoo", he said.

There have been only 481 law and order incidents this year as compared to 625 last year, he said.

There were 80 per cent successful anti-terror operations in which 160 terrorists, including foreigners, have been killed during the year.

Mr Singh said 102 terrorists have been arrested and 10 terrorists surrendered during the year.

He said that 102 Pakistan origin terrorists are still operating in Kashmir.

"Eleven valiant police personnel from Jammu and Kashmir besides 72 from other other security forces have been martyred," he said.

There was no collateral damage during anti-terror operation as people fully cooperated. "There was zero law and order problem this year (during anti terror operations)," he added.

The DGP said that "there has been a high degree of incidents of infiltration attempts from across the border this year and also ceasefire violations. But security forces have successfully foiled these attempted as 130 infiltrators have entered in 2019 as compared to 143 last year".

He said Jammu and Kashmir Police has set an example by handling the law and order situation in the most "exemplary" way following the abrogation of Article 370 provisions.

It was the biggest challenge faced by the force in 2019, but "we handled the most critical phase in the best way" and there was no civilian casualty during the period, he said.

Dismissing claims of minors being arrested by police in Kashmir, he said that it is being used as propaganda by some people and asserted that the J-K police has acted within the limits of law.

"We are open to scrutiny. The issue reached the Supreme Court which referred it to Jammu and Kashmir high court. The matter was inquired by the HC committee. The SC said that there is no misuse of law by law enforcement agency. J-K police has acted within the limits of law," he said.

Replying to queries on restoration of internet, the DGP said it is under consideration. "I think J-K is moving towards such a situation (on law and order front). Very soon you will hear positive announcement," Mr Singh said.

He said that though some people will try to misuse internet, "in the past, we took care of them and we will take care of such people in the future too".

Internet services in all government-run hospitals and SMS to all mobile phones will be restored from December 31 midnight in the Kashmir Valley, Jammu and Kashmir official spokesman Rohit Kansal said on Tuesday.

On December 10, some short message service (SMS) were enabled on mobile phones in order to facilitate students, scholarship applicants, traders and others. It has now been decided to fully restore the service throughout Kashmir from midnight of December 31, Kansal said.

Mobile Internet services were restored in Kargil district of Ladakh on Friday after remaining suspended for 145 days in the wake of the Centre abrogating provisions of Article 370 of the Constitution, officials said.

Internet services were suspended on August 4, a day before the Centre announced abrogation of Article 370 and division of the state into the union territories of Jammu and Kashmir, and Ladakh.

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News Network
April 30,2020

Hyderabad, Apr 30: A 45-day-old baby boy, who tested positive for COVID-19 when he was 20-days-old, was discharged from a state-run hospital here on Wednesday after his full recovery.

The baby from Mahabubnagar, who contracted the infection from his father, was 20-days-old at the time of admission (on April 4), a COVID-19 bulletin said.

He was discharged after being cured, it said. The baby, probably the youngest to contract the infection in the country, was treated at the state-run Gandhi hospital in the city.

State Health Minister E Rajender expressed happiness over the baby being discharged after recovery.

An official release said 35 people were discharged today and 13 of them were children.

Those who were discharged thanked the doctors and medical personnel of the hospital and the minister has lauded the doctors and other medical staff for their efforts, it said.

Among those undergoing treatment at the hospital, 10 are being treated in the ICU.

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News Network
May 18,2020

As many as employees of Zee News have tested positive for the coronavirus, Editor-in-Chief Sudhir Chaudhary said on Monday. Most of them are asymptomatic, he said, tweeting an official statement from Zee News about the situation.

The organisation said that on May 15, one of its employees tested positive for the coronavirus. Following this, the company started testing employees who may have come in contact with the employee. Twenty-seven more were found to be infected.

“Fortunately most of them are asymptomatic and are not complaining of any discomfort,” Zee News said. “We believe this is because of early diagnosis and proactive intervention.”

The news network said all guidelines and protocols have been followed, and its office, newsroom and studios have been sealed for sanitisation. The Zee News team has been shifted to an alternative facility.

“At the moment, Zee Media Corporation has 2,500 employees, by far the largest in the private sector,” the company said. “We are committed to the safety of each one of them.”

Chaudhary also claimed that “those who are infected had the option of sitting at home and sharing memes”. “They came to work because they are committed professionals.”

Following this, some social media users claimed that Zee News employees found infected with Covid-19 were still at work. In response, Chaudhary alleged that a malicious campaign was being conducted to distort his statement. He said no infected employee had come to work, and all the contacts of the employee who tested positive on May 15 had been tested and quarantined.

Over the past two months, journalists from several media organisations have tested positive for the coronavirus. On April 21, 26 employees of a Tamil news channel based in Chennai tested positive for the coronavirus. The previous day, over 50 journalists from Mumbai were found infected, after samples of over 170 journalists were tested.

On May 7, a newspaper journalist died of the coronavirus in Agra. Some states, such as Uttar Pradesh, Karnataka and Delhi, have tested journalists for Covid-19.

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