Baby abandoned by mom at Udupi hospital in 1970 is now Swiss Parliamentarian!

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Bengaluru, Apr 21: The group who had attacked police and healthcare workers at the minority-dominated Padarayanapura in the city on Sunday night had raised slogans ''kill police'' when the team went to quarantine some people, the police alleged in an FIR.

Around 100 to 120 people rushed out onto the road targeting the police and health workers who wanted to pick up primary and secondary contacts of coronavirus patients.

Cases have been registered against the miscreants based on the complaint of police officers.

In one of the FIRs, police sub-inspector Raman Gowda complained that when he went to quarantine 43 people with the healthcare officers, around 120 people rushed out and attacked them.

"The group of people holding sticks and stones rushed from Arafat Nagar," Mr Gowda said.

When he was trying to stop them from destroying a CCTV camera, the mob attacked him shouting slogans ''Kill the police. Don't spare them," he alleged in the FIR.

"They wanted to kill us with stones and sticks and some of our staff sustained injuries," the officer said.

According to police, 59 people have been arrested including A woman who had allegedly masterminded the attack.

It has been 33 years since the night of 22 May, 1987 when nearly 50 Muslim men from Hashimpura, a settlement in Meerut were rounded up and packed into the rear of a truck of the Provincial Armed Constabulary (PAC), an armed police of Uttar Pradesh. It was the blessed month of Ramadan and all the Muslims were fasting.

That night 42 of those on board the truck were killed in two massacres in neighbouring Ghaziabad district. One along the Upper Ganga canal near Muradnagar, the other along the Hindon canal in Makanpur, on the border with Delhi.

The cops had returned home after dumping the dead bodies into the canal. A few days later, the dead bodies were found floating in the canal and a case of murder was registered. 

Vir Bahadur Singh was the chief minister of Uttar Pradesh and Rajiv Gandhi was the prime minister of India when this incident took place. 

Not much has changed for the survivors and the relatives of the victims even today. The wounds are still fresh. Hashimpura remains devoid of basic municipal amenities, the erring silence on the narrow lanes of the locality amid the activities of a daily life speaks of the horror of the fateful day in 1987.

The massacre was the result of one among the many outcomes of the decision taken by the Rajiv Gandhi government to open the locks of Babri Masjid. After a month of rioting, the situation was tense in various parts of Meerut, and a lot spilled over in the nearby areas.

Timeline

May 22, 1987

Nearly 50 Muslims picked up by the PAC personnel from Hashimpura village in Meerut, Uttar Pradesh.
Victims later shot and bodies thrown into a canal. 42 persons declared dead.

1988

UP government orders CB-CID probe in the case.

February 1994

CB-CID submits inquiry report indicting over 60 PAC and police personnel of all ranks.

May 20, 1996

Charge sheet filed against 19 accused before Chief Judicial Magistrate, Ghaziabad by CB-CID of Uttar Pradesh police. 161 people listed as witnesses.

September 2002

Case transferred to Delhi by the Supreme Court on a petition by the families of victims and survivors.

July 2006

Delhi court frames charges of murder, attempt to murder, tampering with evidence and conspiracy under the IPC against 17 accused.

March 8, 2013

Trial court dismisses Subramanian Swamy's plea seeking probe into the alleged role of P Chidambaram, then Minister of State for Home, in the matter.

January 22, 2015

Trial court reserves judgement.

March 21, 2015

Court acquits 16 surviving accused giving them benefit of doubt regarding their identity.

May 18, 2015

Trial court decision challenged in the Delhi HC by the victims' families and eyewitnesses who survived the incident.

May 29, 2015

HC issues notice to the 16 PAC personnel on Uttar Pradesh government's appeal against the trial court verdict.

December 2015

National Human Rights Commission is impleaded in the matter. NHRC also seeks further probe into the massacre.

February 17, 2016

HC tags Swamy's appeal with the other petitions in the matter.

September 6, 2018

Delhi HC reserves verdict in the case.

October 31, 2018

Delhi HC convicts 16 former PAC personnel for life after finding them guilty of the murder of 42 people.