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
March 31,2020

New Delhi, Mar 31: The total number of coronavirus cases in India has risen to 1,397 after 146 new patients were reported in the last 24-hours, the Ministry of Health and Family Welfare said on Tuesday.

Of this little less than 1,400 cases, there are 1,238 active while 124 cured. The total figure also includes 35 fatalities.

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Agencies
February 4,2020

The government suspended all the India-bound air travel from China and has declared all visas 'invalid', on Monday, due to the rapid escalation of cases of novel coronavirus outbreak which originated in Wuhan.

"Embassy and our Consulates have been receiving several queries from Chinese citizens as well as other foreign nationals, who are based out of China or visited China in the last 2 weeks, as to whether they can use their valid single/multiple entry visas to travel to India," tweeted the Embassy of India in Beijing, China.

"It is clarified that existing visas are no longer valid. Intending visitors to India should contact the Indian Embassy in Beijing ([email protected]) or the Consulates in Shanghai ([email protected]) and Guangzhou ([email protected]) to apply afresh for an Indian visa," it said.

Further, regarding the validity of visas, the embassy said, "Indian Visa Application Centres (http://blsindia-china.com) in these cities may also be contacted in this regard. Visa Section of the Embassy/Consulates of India in China can be contacted to ascertain the validity of visa before undertaking any visit to India."

"All those who are already in India (with regular or e-visa) and had traveled from China after January 15 are requested to contact the hotline number of Ministry of Health and Family Welfare of Government of India (+91-11-23978046 and email: [email protected])," the embassy said.

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News Network
June 23,2020

Jun 23: US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect on June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

They would now have to wait at least till the end of the current year before approaching the US diplomatic missions to get stamping. It would also impact a large number of Indian IT professionals who are seeking renewal of their H-1B visas.

“In the administration of our Nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour,” said the proclamation issued by Trump.

In his proclamation, Trump said that the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment rates ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till the end of the year his previous executive order that had banned issuing of new green cards of lawful permanent residency.

Green card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy, he said.

“American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work. Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers,” Trump said.

“Under ordinary circumstances, properly administered temporary worker programmes can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain non-immigrant visa programmes authorising such employment pose an unusual threat to the employment of American workers,” he said.

For example, Trump said, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.

“During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions,” he said.

“Also, the May unemployment rate for young Americans, who compete with certain J non-immigrant visa applicants, has been particularly high -- 29.9 percent for 16-19-year-olds, and 23.2 percent for the 20-24-year-old group,” he said.

“The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programmes, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak,” Trump said.

Trump observed that excess labour supply is particularly harmful to workers at the margin between employment and unemployment -- those who are typically "last in" during an economic expansion and "first out" during an economic contraction.

In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities, he said.

The proclamation suspends and limits entry into the US of H-1B, H-2B and L visas and their dependents till December 31, 2020. It also includes certain categories of J visas like an intern, trainee, teacher, camp counselor, or summer work travel programme.

The new rule would apply only to those who are outside the US, do not have a valid non-immigrant visa and an official travel document other than a visa to enter the country.

According to the proclamation, it does not have an impact on lawful permanent residents of the United States and foreign nationals who are spouses or child of an American citizen.

Foreign nationals seeking to enter the US to provide temporary labour or services essential to the food supply chain are also exempted from the latest proclamation.

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