Godhra tragedy: Guj HC reduces death sentence of 11 to life term

New Delhi, Jan 28: The Supreme Court of India today granted bail to 17 convicts sentenced to life imprisonment in 2002 Gujarat massacre case, pending their appeal before the Supreme Court.

The convicts also have to participate in social and spiritual services, said the court, announcing the riders for bail.

The Bench of Chief Justice of India SA Bobde and Justices BR Gavai and Surya Kant directed for the convicts to be segregated into two groups to be sent to Indore and Jabalpur.

District legal authorities in Indore and Jabalpur in Madhya Pradesh have been asked to ensure that the convicts do the spiritual and social work the court has asked for.

The Supreme Court has also asked the administration to find them work for livelihood. The state legal services authority has been asked to file a compliance report as also report on their conduct.

The case concerns the mass killing of 33 innocent Muslims - mostly women and children - who were burnt alive at Sardarpura village in March 2002.

This was part of the mass massacre that swept through Gujarat in the aftermath of the death of train passengers on Sabarmati Express in Godhra on Feb 27, 2002. Thousands of innocent Muslims were killed and raped in the three-day violence. The victims include hundreds of children including newborns.

In 2016, the Gujarat High Court had upheld the conviction of 17 accused in the Sardarpura massacre case.

Earlier, a Special SIT court had convicted a total of 31 persons in the case, after three years of trial against 73 persons from Sardarpura and nearby villages.

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

Bengaluru, Feb 3: A wave of dissatisfaction has hit the six-month-old BJP government against the backdrop of chief minister B S Yediyurappa's announcement to induct 13 aspirants in the second cabinet expansion on February 6.

In the first cabinet expansion, the chief minister had inducted 17 ministers on August 20, 2019.

Among the 13, ten will be those defectors from Congress and the JD(S) who were disqualified earlier and won the assembly by-election in December last year.

The rest will be the 'native BJP leaders', as deputy chief minister Govind Karjol put it.

Speculations are rife that Mahadevapura MLA Arvind Limbavali, Hukkeri MLA Umesh Katti and C P Yogeshwar, who had lost to H D Kumaraswamy from Channapatna assembly segment,would be inducted.

If Yogeshwar is included in the cabinet then he will bethe second minister after Deputy chief minister Laxman Savadi who had lost and yet made it to the cabinet.

The possible induction of Yogeshwar and Savadi, who was made deputy chief minister despite losing the assembly elections, are also a "reason" for discontent in the BJP.

Hectic activities began in the power corridor and MLAs started forming groups to impress upon the chief minister to include their members in the ministry.

While one group was from the "Kalyana Karnataka" region, the others were the defectors who will be excluded in the cabinet expansion.

A few MLAS from 'Kalyana Karnataka' region or erstwhile Hyderabad-Karnataka region comprising six districts, met at the Legislature Home and held a meeting.

The meeting was led by Shorapur MLA Narasimha Nayak akaRaju Gouda and Honnalli MLA M P Renukacharya.
The MLAs of the Kalyana Karnataka region were unanimous that their backward region should get representation in the cabinet.

Later, Gouda met the Chief Minister and requested that their region be given adequate representation in the cabinet, which is lacking development.

Talking to reporters, Gouda said, "We had given representations to all the MPs, MLAs and the chief minister. Today also we all had a meeting and later called on the Chief Minister requesting him to make any MLA from our region a minister."

He said any imbalance in cabinet expansion will cause trouble to the MLAs from Kalyana Karnataka region.

"If you make the defeated candidates ministers then include 120 people in the cabinet," an aggrieved Gouda taunted.

Renukacharya too echoed the same sentiments.

"If you give preference to the defeated candidates then what will happen to those who won the election? Where should the winners of election go? We emphasise upon giving preference to the winners."

On the other hand, the defectors who jumped the Congress and the JD(S) ship and helped form the BJP government too had a meeting in Bengaluru, said BJP sources.

They were unanimous that not only the 11 MLAs who won theelection be made ministers but also A H Vishwanath and M T BNagaraj who had unsuccessfully contested the assembly by- polls from Hunasuru and Hoskote on a BJP ticket.

Vishwanath, who was quite vocal on Sunday for dropping his name, was mellowed down on Monday after meeting Yediyurappa.

However, his insistence for getting a cabinet berth remained intact.

"I did not make any proposal before him and will not do it in future because he (Yediyurappa) knows what has to be done,"Vishwanath told reporters after meeting the chief minister.

When he was reminded of Yediyurappa's statement that therewere legal complications in making him a minister, Vishwanath said, "This government has legal experts and the advocate general. They will speak."

Amid speculations that Athani MLA Mahesh Kumathalli may not get a cabinet berth in the reshuffle, the defected MLAs led by Gokak BJP MLA Ramesh Jarkiholi, had a meeting to decide their future strategy, said party sources.

Currently, there are 18 ministers, including the chief minister, in the cabinet, which has a sanctioned strength of 34. Sixteen berths are vacant.

The cabinet expansion exercise will be a delicate task for Yediyurappa as he has to ensure adequate representation for various castes and regions.

The ministry already has eight Lingayats, including Yediyurappa; three Vokkaligas; a Brahmin; three SCs, two OBCs and one ST.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he is weak and his administration has collapsed.

Reacting to the cabinet expansion, former chief minister Siddaramaiah quipped, "A drama is taking place. Let it happen on February 6. Afterwards we will see what all happens."