Bilkis Bano case: SC asks Guj to take action against erring cops in 2 weeks

Agencies
March 30, 2019

New Delhi, Mar 30: The Supreme Court Friday asked the Gujarat government to take disciplinary action in two weeks against the erring police officials, including an IPS officer, convicted by the Bombay High Court in the sensational Bilkis Bano gang rape case during the 2002 riots in the state.

Besides, Bano in a plea before the top court sought exemplary compensation from the state government, refusing to accept its offer of Rs 5 lakh.

A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna asked the Gujarat government to complete the disciplinary action within two weeks initiated against the erring officials indicted by the Bombay High Court.

"On the statement made by the Solicitor General, Tushar Mehta, appearing for the State of Gujarat, that the proceedings for disciplinary action against the erring officers will be completed within two weeks, we adjourn the matter for two weeks.

"On the next date, the orders passed in the disciplinary proceedings be placed before the Court," the bench said.

The top court, terming the Rs 5 lakh compensation offered by the Gujarat government 'interim', said the plea for exemplary compensation will be heard on April 23.

"Tushar Mehta, Solicitor General appearing for the State has offered an interim compensation of Rs 5 lakh, which counsel for the petitioner is reluctant to accept and instead prays for final disposal of the special leave petition. Let the special leave petition be listed on April 23, 2019," it said.

At the outset, Advocate Shobha Gupta, appearing for Bano, said that no action has been taken by the state government against the erring officials, who were convicted by the high court.

She said that one IPS officer, currently serving in Gujarat is set to retire this year, while in case of four other officials who have retired no action has been taken against them like stopping of their pensions and retirement benefits.

The counsel further said that these police officers were convicted by the high court for botching up the investigation in the case.

With regard to compensation, she contended that Bano has been leading almost a nomadic life after being subjected to gruesome crime and therefore exemplary compensation should be granted.

Gupta said she is not willing to accept the interim compensation of Rs 5 lakh offered by the state government.

Senior advocate Tushar Mehta, appearing for the state government said that disciplinary proceedings are going on against the erring police officials.

He said that it will be completed soon but the top court asked him to complete the proceedings within two weeks.

On the compensation part, Mehta said that state government has a policy of granting Rs 5 lakh as compensation in such incidents.

The bench said it will hear the plea for compensation on April 23.

Bilkis, five months pregnant at that time, was gang raped while six other members of her family managed to escape from the mob. The trial in the case initially began in Ahmedabad.

However, after Bano expressed apprehensions that the witnesses could be harmed and the CBI evidence tampered with, the apex court transferred the case to Mumbai in August 2004.

The high court had on May 4, 2017 convicted seven people -- five policemen and two doctors -- under sections 218 (not performing their duties) and section 201 (tampering of evidence) of the Indian Penal Code (IPC).

The top court had on July 10, 2017 dismissed the appeals of two doctors and four policemen, including an IPS officer R S Bhagora, challenging their conviction by the high court saying there was "clear-cut evidence" against them. One of the officers did not appeal.

A special court had on 21 January, 2008 convicted and sentenced to life imprisonment 11 men for raping Bano and murdering seven of her family members in the aftermath of the Godhra riots, while acquitting seven persons including the policemen and doctors.

The convicts had later approached the Bombay High Court challenging their conviction and sought quashing and setting aside of the trial court.

The CBI had also filed an appeal in the high court seeking harsher punishment of death for three of the convicted persons on the ground that they were the main perpetrators of the crime.

According to the prosecution, on March 3, 2002 Bilkis Bano's family was attacked by a mob at Randhikpur village near Ahmedabad.

The convicts had challenged the order on three main grounds that all evidence in the case was fabricated by CBI, that Bilkis gave birth to a child after the incident, proving that she could not have been gang raped, and the failure to find the bodies of some of her family members which proved that they were not killed.

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News Network
June 1,2020

New Delhi, Jun 1: The Directorate General of Civil Aviation (DGCA) on Monday asked airlines to allot seats in flights in such a manner that middle seats are kept vacant to the extent possible.

However, if a flyer has been allotted the middle seat due to a high passenger load "then additional protective equipment like the wrap-around gown of the Ministry of Textile approved standards" must be provided to that passenger in addition to three-layered face mask and face shield, said the DGCA order, which has been accessed by news agency.

India resumed its domestic passenger flights from May 25 after a gap of two months due to the coronavirus-triggered lockdown. International commercial passenger flights continue to remain suspended in the country.

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Agencies
February 17,2020

New Delhi, Feb 17: The Supreme Court said on Monday that people have a fundamental right to protest against a law but the blocking of public roads is a matter of concern and there has to be a balancing factor.

Hearing pleas over the road blocks due to the ongoing protests at Shaheen Bagh against the Citizenship Amendment Act (CAA), a bench comprising Justices S K Kaul and K M Joseph said its concern is about what will happen if people start protesting on roads.

Democracy works on expressing views but there are lines and boundaries for it, the bench said.

It asked senior advocate Sanjay Hegde and advocate Sadhana Ramachandran to talk to Shaheen Bagh protestors and persuade them to move to an alternative site where no public place is blocked.

The matter has been posted for next hearing on February 24.

People have a fundamental right to protest but the thing which is troubling us is the blocking of public roads, the bench said.

Solicitor General Tushar Mehta said Shaheen Bagh protestors should not be given a message that every institution is on its knees trying to persuade them on this issue.

The apex court said that if nothing works, we will leave it to the authorities to deal with the situation.

Protestors have made their made their point and the protests have gone on for quite some time, it said.

Restrictions have been imposed on the Kalindi Kunj-Shaheen Bagh stretch and the Okhla underpass, which were closed on December 15 last year due to the protests against CAA and Register of Citizens.

The top court had earlier said the anti-CAA protesters at Delhi's Shaheen Bagh cannot block public roads and create inconvenience for others.

The apex court was hearing an appeal filed by advocate Amit Sahni, who had approached the Delhi high court seeking directions to the Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which was blocked by anti-CAA protesters on December 15.

While dealing with Sahni's plea, the high court had asked local authorities to deal with the situation keeping in mind law and order.

Separately, former BJP MLA Nand Kishore Garg has filed a petition in the apex court seeking directions to the authorities to remove the protestors from Shaheen Bagh.

One of the pleas has sought laying down of comprehensive and exhaustive guidelines relating to outright restrictions for holding protests or agitations leading to obstruction of public place.

In his plea, Garg has said that law enforcement machinery was being "held hostage to the whims and fancies of the protesters" who have blocked vehicular and pedestrian movement from the road connecting Delhi to Noida.

State has the duty to protect fundamental rights of citizen who were continuously being harassed by the blockage of arterial road, it said.

"It is disappointing that the state machinery is muted and a silent spectator to hooliganism and vandalism of the protesters who are threatening the existential efficacy of the democracy and the rule of law and had already taken the law and order situation in their own hand," the plea had said.

In his appeal, Sahni had sought supervision of the situation in Shaheen Bagh, where several women are sitting on protest, by a retired Supreme Court judge or a sitting judge of the Delhi High Court.

Sahni has said in his plea that protests in Shaheen Bagh has inspired similar demonstrations in other cities and to allow it to continue would set a wrong precedent.

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News Network
June 17,2020

New Delhi, Jun 17: With an increase of 10,974 new cases and 2,003 deaths in the last 24 hours, India's COVID-19 count reached 3,54,065 on Wednesday while the toll due to the virus stands at 11,903.

This includes 1,55,227 active cases and 1,86,935 cured, discharged and migrated patients, according to the Union Health Ministry.

While the spike in the number of cases has stayed below the 11-thousand mark, the death toll has increased manifold today as compared to the 380 death reported on Tuesday.

Maharashtra with 1,13,445 cases continues to be the worst-affected state in the country with 50,057 active cases while 57,851 patients have been cured and discharged in the state so far. The toll due to COVID-19 has crossed the five thousand mark and reached 5,537 in the state.

It is followed by Tamil Nadu with 48,019 and the national capital with 44,688 confirmed cases.

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