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
February 28,2020

Feb 28: The best economic tonic for the coronavirus shock is to contain its spread and worry about stimulus later, said Raghuram Rajan, former head of the Reserve Bank of India.

There’s little central banks can do, and while more government spending would help, the priority should be on convincing companies and households that the virus is under control, he said.

“People want to have a sense that there is a limit to the spread of this virus perhaps because of containment measures or because there is hope that some kind of viral solution can be found,” Rajan told Bloomberg Television’s Haidi Stroud Watts and Shery Ahn.

“At this point I would say the best thing that governments can do is to really fight the epidemic rather than worry about stimulus measures that comes later,” said Rajan, who is currently a professor at the Chicago Booth School of Business.

The spread of coronavirus is pushing the world economy toward its worst performance since the financial crisis more than a decade ago.

Bank of America Corp. economists warned clients Thursday that they now expect 2.8% global growth this year, the weakest since 2009.

“We have moved from extreme confidence in markets to extreme panic, all in the space of one week,” said Rajan, who previously was chief economist at the International Monetary Fund.

The virus outbreak will force companies to rethink supply chains and overseas production facilities, he said.

“I think we will see a lot of rethinking on this, coming on the back of the trade disruption, now we have this,” Rajan said. “Globalization in production is going to be hit quite badly.”

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News Network
March 26,2020

New Delhi, Mar 26: Finance Minister Nirmala Sitharaman on Thursday announced a Rs 50 lakh insurance cover for healthcare workers who are at the forefront of dealing with coronavirus pandemic.

Sitharaman said the government has finalised an economic stimulus package to deal with the impact of 21-day countrywide lockdown to prevent spread of the virus.

“It’s only 36 hours since the lockdown has been imposed. Now we have come with a package which immediately take care of the welfare concerns of the poor and suffering workers and those who need immediate help,” Sitharaman said.

She also said that 80 crore poor people, nearly two thirds of the population  will get five kg of rice or wheat per month for three months, in addition to the 5 kg they already receive, for free."

The rationcard holders can take the foodgrains and pulses from the Public Distribution System (PDS) in two installments, she added.

"This measure will ensure no gareeb (poor) remains hungry," Sitharaman said.

The package will include cash transfer and food subsidy, she said.

"Farmers who currently receive Rs 6,000 annually, will be given the first installment of the next financial year immediately. 8.7 crore farmers will benefit from it," said Sitharaman.

As many of 20.5 crore women Jan Dhan Account holders will get Rs 500 per month for next three months to run their households.

For poor senior citizens, widow and disabled will get an ex-gratia of Rs 1,000.

Also, the daily wage under MNREGA has been increased to Rs 202 a day from Rs 182 to benefit 5 crore workers.

The minister said the government will front-load Rs 2,000 payment to farmers in the first week of April under the existing PM Kishan Yojana to benefit 8.69 crore farmers.

Also, the beneficiaries of Ujjwala LPG scheme will get free cooking gas for the next three months, she said.

This forms part of the Rs 1.70 lakh crore Gramin Kalyan Package.

Prime Minister Narendra Modi last week had constituted a task force headed by the Finance Minister to work out package for economy hit by coronavirus.

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Agencies
May 26,2020

The Shopping Centres Association of India (SCAI) on Monday said the sector has lost over Rs 90,000 crore in the last two months, owing to the lockdown, and market players need much more than the repo rate cut and the loan moratorium extended by the RBI.

In a statement, the industry body said that the Reserve Bank of India's (RBI) relief measures are not adequate to support the liquidity needs of the industry.

According to the SCAI, there is a common misconception that the shopping centres' industry is centred around metros and large cities with investments only from large developers, private equity players and foreign investors.

"However, the fact is that most malls are part of the SMEs or standalone developers. i.e. more than 550 are single owned by standalone developers out of the 650-odd organised shopping centres across the country and there are 1,000+ small centres in smaller cities," it said.

Amitabh Taneja, Chairman of SCAI said: "The organised retail industry is in distress and has not earned anything since the lockdown and their survival is at stake. While the extension of the loan moratorium talks about some relief on repayment but won't help the industry in liquidity."

He said that a long term beneficial plan from the government is much required to revive the sector.

"Being the most safe, accountable, and controlled environment, unfortunately, malls have not been permitted to open which will lead to job losses and might even shut shops for a lot of mall developers," Taneja said.

In its representations to the Centre and the Reserve Bank of India, the association has also pointed out that, in absence of financial package and stimulus from the RBI, over 500 shopping centres may go bankrupt, that may lead to the banking industry staring at NPAs of Rs 25,000 crore.

The industry body has put forward its recommendations and requests to the government. It had sought moratorium till March 2021 at the least in terms of repayment of bank loans, interest, EMI and so on, without levy of any penalties or penal interest.

It has also sought a one-time loan restructuring with lower rates of interest, permitted for shopping centres and a facilitative and forward-looking support provision of short-term financing options for a period of six to 12 months, at lower interest rates, to meet the increased working capital requirements.

Among other relaxations, it had also appealed for GST rebates to offset the losses on account of and for the period of closure of business.

It also said that interest rates should be brought down to "manageable levels" of 5-6% in view of the precarious financial situation.

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