Malegaon blast a step towards establishing Hindu Rashtra: Court accepts NIA contention

Agencies
December 29, 2017

Mumbai, Dec 29: A special NIA court, while ordering that Sadhvi Pragya Singh Thakur, Lt Col Prasad Purohit and other accused in the 2008 Malegaon bomb blast case will stand trial on terror charges, has said it was accepting the agency's contention that they wanted to establish a "Hindu Rashtra" and the blast was a step towards achieving this goal.

Special Judge S D Tekale in the 130-page order, which was made available on Thursday, said there was insufficient material to charge the accused under the stringent Maharashtra Control of Organised Crime Act (MCOCA).

The court said that while the accused would not be charged under the MCOCA, they would face trial under sections 16 (committing/organizing a terror act) and 18 (criminal conspiracy) of the Unlawful Activities Prevention Act and sections 120 (b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 326 (causing grievous hurt to others) of Indian Penal Code and under the Explosive Substances Act.

Of the 13 accused named by the prosecution, two are still absconding.

The court yesterday discharged three accused Shyam Sahu, Shivnarayan Kalsangra and Pravin Takkalki - from all the charges levelled against them and said it was accepting the NIA's decision to "absolve them" from the case due to insufficient evidence against them.

The court said two accused Rakesh Dhawde and Jagdish Mhatre shall be tried only under the Arms Act before courts in Pune and Thane.

"At this prima facie stage, safe conclusion can be drawn from the statement of witness number 184 that in the Bhopal meeting (where the alleged conspiracy was hatched) Prasad Purohit, Sadhvi Pragya Singh Thakur, Ramesh Upadhyay, Sameer Kulkarni, and Sudhakar Chaturvedi were present."

"There was discussion about growing Jihadi activities in Aurangabad and Malegaon and Purohit expressed his opinion to do something for its prevention by expanding Abhinav Bharat Sanghatna in the said area," the court said.

The court said it was accepting the NIA counsel's submission that the accused persons had made conspiracy to establish a 'Hindu Rashtra' and the conspiracy to cause bomb blast was one step towards the objective of the accused.

The court used strong words in holding that the prime accused must remain to be charged under sections 16, and 18 of the UAPA for conspiring for and committing a terrorist activity.

"The blast took place near a mosque during the holy month of Ramzan. If the place and the timing of the blast is considered at this prima facie stage in the background of available evidence in the form of transcripts (from the conspiracy meetings), witness statements etc., it has to be said that the bomb blast was caused with the intention of threatening the unity of the public by targeting a particular community," it said.

"The intention to take revenge against an individual is one thing, but the intention to take revenge against people belonging to a particular religion is another. The latter shows the intention to strike terror among people, or among a certain section of people," it said.

The court observed that while his predecessor had discharged all the accused from MCOCA charges in the past, the high court, while hearing an appeal by Maharashtra government, had ordered for MCOCA charges to be reapplied.

"The high court ruling was upheld by the Supreme Court. However, the apex court in its order observed that except accused number 7 (Rakesh Dhawde) there is no material to show that the remaining accused persons had nexus with co-accused or with the crime pertaining to the Jalna and Parbhani cases," the court said in its order.

"The apex court had said it would not like to get into the issue of applicability of MCOCA at that stage since NIA investigation was still on. However, now NIA has completed its probe and has come to the conclusion that the charges of MCOCA cannot be applied against the accused in this case," it said.

The court noted that Dhawde was shown as an accused in the Jalna and Parbhani blast cases only after his arrest in the Malegaon blast case.

During 2003-04, when the Jalna and Parbhani blasts took place, there is no record or material to show that Abhinav Bharat was in existence or that Dhawde was even in touch with the other accused in the Malegaon blast case, it said.

"In such circumstances, it cannot be said that the accused persons including Dhawde committed the act in Parbhani and Jalna case as a member or on behalf of a crime syndicate that is Abhinav Bharat," the court said.

"In view of all this, I hold that all accused persons are entitled to be discharged from the offences under MCOCA as there is no sufficient ground to proceed against them under the said Act," the court said.

The court noted that in all the meetings held, prima facie it appears that Purohit was acting as a leader and chairperson of the meeting and that his superiors in the Army did not have any knowledge of this.

The court dismissed NIA's and Sadhvi's claims that the latter had sold her motorbike that was later used to plant the explosive device for the blast.

The court said Thakur was still shown as the registered owner of the bike and thus, despite her claims that she had sold it to someone else long before the incident, it was for the Sadhvi to prove that she had no knowledge of where the bike was.

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News Network
May 8,2020

New Delhi, May 8: After deadly styrene gas leak in Visakhapatnam, Union Chemicals and Fertilisers Minister D V Sadananda Gowda urged all public and private chemical makers to exercise caution and care while reopening their plants.

Union Environment Ministry and State Pollution Control Boards have also issued separate directives to all companies to take extreme precaution while restarting their units that remained suspended due to the lockdown imposed to contain the spread of COVID-19 in the country, he said.

There was a gas leak from LG Polymers plant at Visakhapatnam in the early hours on Thursday, causing 10 deaths and hundreds of people getting hospitalised.

"LG Polymers does not come under direct control of our ministry. However, we have asked all public and private chemicals manufacturers to exercise caution and care while reopening their plants," Gowda told PTI.

The minister said his officers are coordinating with the Andhra Pradesh government.

He further said LG Polymers, a multinational chemical company, had kept its unit ready for reopening after one and half month of lockdown. The unit started leaking at around 3.40 am on Thursday due to pressure.

"The toxic gas leak has affected both people and animals. Around 850 people have been hospitalised," Gowda said, adding that measures have been taken to control the situation at the plant site and final updates are awaited.

At present, Indian chemicals market size is about USD 163 billion, which is only three per cent of the global chemical industry of USD 5 trillion, as per the official data.

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News Network
May 21,2020

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.

Comments

A.Rahman
 - 
Friday, 22 May 2020

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Agencies
March 26,2020

Madrid, Mar 26: More than three billion people around the world were living under lockdown on Wednesday as governments stepped up their efforts against the coronavirus pandemic which has left more than 20,000 people dead.

As the number of confirmed cases worldwide soared past 450,000, UN Secretary General Antonio Guterres warned that only a concerted global effort could stop the spread of the virus.

In Spain, the number of fatalities surpassed those of China, where the novel coronavirus first emerged three months ago, making it the hardest-hit nation after Italy.

A total of more than 20,800 deaths have now been reported in 182 countries and territories, according to an AFP tally.

Stock markets rebounded after the US Congress moved closer to passing a $2.2 trillion relief package to prop up a teetering US economy.

In Washington, President Donald Trump said New York, the epicenter of the US outbreak with over 30,000 cases, likely has a few "tough weeks" ahead but he would decide soon whether unaffected parts of the country can get back to work.

"We want to get our country going again," Trump said. "I'm not going to do anything rash or hastily.

"By Easter we'll have a recommendation and maybe before Easter," said Trump, who had been touting a strong US economy as he faces an election in November.

UN chief Guterres said the world needs to ban together to stem the pandemic.

"COVID-19 is threatening the whole of humanity -- and the whole of humanity must fight back," Guterres said, launching an appeal for $2 billion to help the world's poor.

"Global action and solidarity are crucial," he said. "Individual country responses are not going to be enough."

India's stay-at-home order for its 1.3 billion people is now the biggest, taking the total number of individuals facing restrictions on their daily lives to more than three billion.

Anxious Indians raced for supplies after the world's second-biggest population was ordered not to leave their houses for three weeks.

Russia, which announced the death of two patients who tested positive for coronavirus on Wednesday, is expected to follow suit.

President Vladimir Putin declared next week a public holiday and postponed a public vote on controversial constitutional reforms, urging people to follow instructions given by authorities.

In Britain, heir to the throne Prince Charles became the latest high-profile figure to be infected, though he has suffered only mild symptoms.

The G20 major economies will hold an emergency videoconference on Thursday to discuss a global response to the crisis, as will the 27 leaders of the European Union, the outbreak's new epicenter.

China has begun to relax its own draconian restrictions on free movement in the province of Hubei -- where the outbreak began in December -- after the country reported no new cases.

Crowds jammed trains and buses in the province as people took their first opportunity to travel.

But Spain saw the number of deaths surge to more than 3,400 after 738 people died in the past 24 hours and the government announced a 432-million-euro ($467 million) deal to buy medical supplies from Beijing.

The death toll in Italy jumped in 24 hours by 683 to 7,503 -- by far the highest of any country.

The number of French deaths was up by 231 on Wednesday to more than 1,330, and metro and rail services in Paris were cut to a minimum.

Spain and Italy were joined by France and six more EU countries in urging Germany and the Netherlands to allow the issue of joint European bonds to cut borrowing costs and stabilise the eurozone economy.

The call is likely to fall on deaf ears when EU leaders talk on Thursday -- with northern members wary of pooling debt with big spenders -- but they will sign off on an "unprecedented" recovery plan.

At La Paz University Hospital in Madrid, nurse Guillen del Barrio sounded bereft as he related what happened overnight.

"It is really hard, we had feverish people for many hours in the waiting room," the 30-year-old told AFP.

"Many of my colleagues were crying because there were people who are dying alone, without seeing their family for the last time."

Coronavirus cases are also spreading in the Middle East, where Iran's death toll topped 2,000, and in Africa, where Mali declared its first case and several nations announced states of emergency.

In Japan, which has postponed this year's Olympic Games, Tokyo's governor urged residents to stay home this weekend, warning of a possible "explosion" of the coronavirus.

Jerusalem's Church of the Holy Sepulchre, believed by Christians to house Christ's tomb, was shut as Israel tightened movement restrictions.

The impact of the pandemic is also hitting European football, with leagues and tournaments cancelled, while the fate of the Wimbledon tennis tournament could be decided next week.

The economic damage of the virus -- and the lockdowns -- could also be devastating, with fears of a worldwide recession worse than the financial meltdown more than a decade ago.

But financial markets rose after US leaders reached agreement on a stimulus package worth roughly 10 percent of the US economy, an injection Senate Majority Leader Mitch McConnell said represented a "wartime level of investment."

Meanwhile, more than half of all Americans have been told to stay at home, including residents of the largest state, California.

The United States has at least 65,700 cases and 942 people have died.

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