Ishrat case: SC to hear plea for quashing action against Guj cops

March 1, 2016

New Delhi, Mar 1: The Supreme Court today agreed to hear a plea seeking quashing of criminal prosecution, suspension and other actions taken against Gujarat cops in the 2004 alleged fake encounter killing of Ishrat Jahan in view of recent testimony of jailed LET operative David Headley.

scHeadley, the Pakistani-American terrorist, had told to a Mumbai court that Jahan was a Lashkar-e-Taiba (LeT) operative.

"Let it be listed. We will see it then," a bench of Chief Justice T S Thakur and Justice U U Lalit said when advocate M L Sharma mentioned the matter for its urgent hearing.

Sharma said that the statement of Headley is significant as it conclusively establishes the fact that Jahan was an LeT operative.

Gujarat Police personnel, including the then DIG D G Vanzara, are facing trial in a Mumbai court for their alleged role in the encounter.

The plea, which cited the recent statements before a special court recorded by Headley, who allegedly conspired with LeT in plotting the 26/11 Mumbai attacks, said the facts are now undisputed that all four persons killed by Gujarat Police, including Ishrat Jahan, were terrorists.

"The judicial proceeding and statement of David Headley, who conspired with LeT in plotting the 26/11 Mumbai attacks, stated via video conference and recorded in the special court at Mumbai that four persons, including Ishrat Jahan who were killed in June 2004 by Gujarat Police, were a part of LeT terrorist organisation belonging to Pakistan and they were assigned to kill then Chief Minister of Gujarat, Narendra Modi," it said.

The plea sought a direction to close criminal proceedings and action taken in FIRs lodged by CBI against the Gujarat Police personnel and others, saying it was unconstitutional within the judicial facts and evidences of Headley.

It also sought a direction from the court declaring that killing of a terrorist is not an offence under Indian law and proper compensation be paid to the state police personnel in the interest of justice.

It also wanted initiation of suo motu perjury/contempt proceedings against the then Home Minister and CBI Director for concealing true facts before the Supreme Court and the Gujarat High Court and for filing a false affidavit pertaining to facts about Ishrat Jahan case.

Comments

IBRAHIM.HUSSAIN
 - 
Tuesday, 1 Mar 2016

A convicts statement can be made a witness in Ishrat Jahan case , anything can happen in India.

Mr. Modi and Amit Shah's involvement in this case was proven and Modi and Amit shah wants TO come out with a clean chit in this case. Advocate and Government lawyer Mr. Nikam is involved in this conspiracy and Nikam was awarded Padma Bhushan award for him becoming henchman of Modi.

We will wait and see what supreme court says.

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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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News Network
June 30,2020

New Delhi, Jun 30: In a huge blow to popular apps such as TikTok, the Indian government has banned as many as 59 apps that are owned by Chinese companies. The latest announcement comes close on the heels of a rumour of the same, which was termed a hoax by the government. A press release by the Ministry of Electronics and Information Technology has listed 59 apps that will be blocked on internet and non-internet served devices in India, citing reasons that these apps "are engaged in activities prejudicial to sovereignty and integrity of India, defence of India, the security of state and public order."

Government of India's orders follow the tensions rampant at the Indo-China border after some Indian soldiers were martyred at the Galwan river valley. Ever since the incident, there has been an uproar on social media urging boycott of anything that is related to China, including smartphone brands and apps. While there has been no announcement for the Chinese smartphone brands, the government has immediately blocked as many as 59 apps in India. This means they will not function in India, in addition to their discontinuation on both Google Play Store and App Store at large.

Here are the 59 Chinese apps that have been blocked by the Indian government:

1.            TikTok

2.            Shareit

3.            Kwai

4.            UC Browser

5.            Baidu map

6.            Shein

7.            Clash of Kings

8.            DU battery saver

9.            Helo

10.          Likee

11.          YouCam makeup

12.          Mi Community

13.          CM Brower

14.          Virus Cleaner

15.          APUS Browser

16.          ROMWE

17.          Club Factory

18.          Newsdog

19.          Beauty Plus

20.          WeChat

21.          UC News

22.          QQ Mail

23.          Weibo

24.          Xender

25.          QQ Music

26.          QQ Newsfeed

27.          Bigo Live

28.          SelfieCity

29.          Mail Master

30.          Parallel Space

31.          Mi Video Call - Xiaomi

32.          WeSync

33.          ES File Explorer

34.          Viva Video - QU Video Inc

35.          Meitu

36.          Vigo Video

37.          New Video Status

38.          DU Recorder

39.          Vault- Hide

40.          Cache Cleaner DU App studio

41.          DU Cleaner

42.          DU Browser

43.          Hago Play With New Friends

44.          Cam Scanner

45.          Clean Master - Cheetah Mobile

46.          Wonder Camera

47.          Photo Wonder

48.          QQ Player

49.          We Meet

50.          Sweet Selfie

51.          Baidu Translate

52.          Vmate

53.          QQ International

54.          QQ Security Center

55.          QQ Launcher

56.          U Video

57.          V fly Status Video

58.          Mobile Legends

59.          DU Privacy

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News Network
April 20,2020

Thiruvananthapuram, Apr 20: Kerala Chief Minister Pinarayi Vijayan on Sunday alleged that efforts were being made to undermine the achievements of the state government in its fight against Covid-19 and said he was "ignoring" them as it was not the time for controversies.

The Opposition Congress has been raising allegations that a US-based company had been entrusted with the task of collecting data regarding the virus-infected patients in the state, in violation of fundamental rights.

"Many developed nations are in awe of the achievements of Kerala in its fight against Covid-19 pandemic. This is the speciality of Kerala model," Vijayan said. Referring to the data collection charge levelled by the opposition parties, Vijayan said some were engaged in slandering the state government.

"Those who think that the government should not have a reputation for effectively handling the coronavirus outbreak are engaged in slandering the state government. It has happened before, it's happening now also. This is not the time to go behind controversies. People are watching and they will evaluate," Vijayan said in his weekly interactive programme 'Naam munnott'.

He said he had decided to ignore such controversies. The ward-level committees, set up by the government for the anti-coronavirus fight, was collecting information of those under home isolation, elderly persons and those at the risk of the disease using a questionnaire in this regard and upload it on the server of the private agency. The Congress has alleged that the data, collected through the government machinery, was being uploaded not on the government server but on that of the foreign company.

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