Arrest of scientist in ISRO spy case 'unnecessary': SC

Agencies
September 14, 2018

New Delhi, Sept 14: The Supreme Court on Friday held that former ISRO scientist Nambi Narayanan was "arrested unnecessarily, harassed and subjected to mental cruelty" in a 1994 espionage case and ordered a probe into the role of Kerala police officers.

A bench of Chief Justice Dipak Misra awarded Rs 50 lakh compensation to 76-year-old Narayanan for being subjected to mental cruelty in the case.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, formed a three-member panel headed by its former judge D K Jain to probe Narayanan being framed in the spy case.

Narayanan had approached the apex court against the judgement of the Kerala High Court, which said no action was required to be taken against the former DGP and two retired superintendents of police K K Joshua and S Vijayan, who were later held responsible by the CBI for the scientist's illegal arrest.

In 1998, the apex court granted compensation of Rs 1 lakh to Narayanan and others, who were discharged in the case, and directed the state government to pay the amount.

He later approached the NHRC claiming compensation from the state government for the mental agony and torture suffered by him.

The NHRC, after hearing both sides and taking into account the apex court judgement of April 29, 1998, awarded him interim compensation of Rs 10 lakh in March 2001.

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News Network
July 16,2020

Noida, Jul 16: A key aide of 1993 Mumbai blasts case convict Abu Salem who worked in his illegal property business in NCT of Delhi has been arrested by the Special Task Force (STF) of the Uttar Pradesh police, officials said on Thursday.

Gajendra Singh, who was also close to gangster Khan Mubarak, was nabbed in Mumbai late Wednesday night by the Noida unit of the STF, they said.

"Gajendra Singh had taken Rs 1.80 crore from a Delhi-based businessman in 2014 in a property-related case. When he was pressured to return the money, Singh had Khan Mubarak's shooters open fire at the businessman in sector 18 of Noida," Additional Superintendent of Police, STF, Raj Kumar Mishra said.

The businessman was in his car when the attack took place, and he narrowly escaped, the officials said.

Mishra said Singh had paid the shooters Rs 10 lakh, and the agency has cracked the money trail of the transaction.

"Gajendra Singh also invested Abu Salem and Khan Mubarak's money into properties in Delhi-NCR," the officer added.

Singh was wanted in a couple of cases registered at a police station in Noida where he has been lodged now for further proceedings, the STF said. 

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News Network
January 2,2020

Perambalur, Jan 2: Veteran Tamil writer Nellai Kannan was arrested in Perambalur for criticizing Prime Minister Narendra Modi and Home Minister Amit Shah during a protest against Citizenship (Amendment) Act.

The Tirunelveli Police had registered the FIR against the writer for the speech delivered at a meeting, which was called by the Social Democratic Party of India on December 29 last year.

The police have booked him on the basis of multiple complaints filed by BJP leaders.

Kannan has been booked under Sections 504, 505(1) and 505(2) of the Indian Penal Code.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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