Don't give terror tag to innocent minority people: Supreme Court

[email protected] (The Hindu)
September 27, 2012
Supremecourt

New Delhi, September 27: No innocent person should be branded a terrorist and put behind bars simply because he belongs to a minority community, the Supreme Court has told the Gujarat Police.

Police must ensure that no innocent person has the feeling of sufferance only because “my name is Khan, but I am not a terrorist,” a Bench of Justices H.L. Dattu and C.K. Prasad said on Wednesday.

It ordered the acquittal of 11 persons, arrested under the Terrorist and Disruptive Activities (Prevention) Act and other laws, and convicted for allegedly planning to create communal violence during the Jagannath Puri Yatra in Ahmedabad in 1994.

“We emphasise and deem it necessary to repeat that the gravity of the evil to the community from terrorism can never furnish an adequate reason for invading personal liberty, except in accordance with the procedure established by the Constitution and the law,” the Bench said.

Being an anti-terrorist law, the TADA's provisions could not be liberally construed, the Bench said. “The District Superintendent of Police and the Inspector-General and all others entrusted with operating the law must not do anything which allows its misuse and abuse and [must] ensure that no innocent person has the feeling of sufferance only because 'My name is Khan, but I am not a terrorist'.”

Writing the judgment, Justice Prasad said: “We appreciate the anxiety of the police officers entrusted with preventing terrorism and the difficulty faced by them. Terrorism is a crime far serious in nature, graver in impact and highly dangerous in consequence. It can put the nation in shock, create fear and panic and disrupt communal peace and harmony. This task becomes more difficult when it is done by organised groups with outside support.”

'Means more important'

But in the country of the Mahatma, the “means are more important than the end. Invoking the TADA without following the safeguards, resulting in acquittal, gives an opportunity to many and also to the enemies of the country to propagate that it has been misused and abused.”In this case, Ashraf Khan and 10 others, who were convicted under the TADA, the Arms Act and the IPC were aggrieved that no prior approval of the SP, as mandated under the provisions, was obtained before their arrest and recording of statements.

Appeal allowed

Allowing their appeals against a Gujarat TADA court order, the Bench said: “From a plain reading of the provision, it is evident that no information about the commission of an offence shall be recorded by the police without the prior approval of the District Superintendent of Police. An Act which is harsh, containing stringent provisions and prescribing a procedure substantially departing from the prevalent ordinary procedural law, cannot be construed liberally. For ensuring rule of law its strict adherence has to be ensured.”

The Bench said: “In view of our finding that their conviction is vitiated on account of non-compliance with the mandatory requirement of prior approval under Section 20-A(1) of the TADA, the confessions recorded cannot be looked into to establish the guilt under the aforesaid Acts. Hence, the conviction of the accused under Sections 7 and 25(1A) of the Arms Act and 4, 5 and 6 of the Explosive Substances Act cannot also be allowed to stand.”



Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 3,2020

Tumakuru, Jan 3: Chief Minister B.S. Yediyurappa, who has drawn flak for the Centre releasing “inadequate” flood relief to the State, on Thursday asked Prime Minister Narendra Modi for additional relief during his speech at a farmers’ convention in Tumakuru.

The Chief Minister even said, “I have brought this to the notice of the Prime Minister three or four times, but till now no additional relief has been sanctioned. I request him with folded hands to release it soon,” in Kannada. The Prime Minister, who spoke later at the event, however, did not respond to the Chief Minister’s request in his speech.

Mr. Yediyurappa said the State had witnessed losses to the tune of over ₹30,000 crore because of floods.

‘Stress on irrigation’

Addressing farmers at one of his main support bases of Tumakuru, the Lingayat strongman advised the Prime Minister that his dream of doubling farmers’ income by 2023 could become a reality only if he focused on “providing scientific price to farm produce, bringing water to farms through irrigation, and by interlinking rivers”.

Mr. Yediyurappa’s remarks made at a programme to release the fourth instalment of the Pradhan Mantri Kisan Samman Yojana, a farm subsidy cash transfer scheme of the Union government, have raised eyebrows.

Stressing on the key role of irrigation schemes in farmers’ welfare, he sought a special package of ₹50,000 crore for completion of long-pending projects in Karnataka.

The five-minute-long speech is being seen as an attempt by the Chief Minister to assert himself within the party by publicly putting even the Prime Minister on the mat. This comes in the wake of the BJP suffering defeats in multiple States and the party’s victory in the recent bypolls in the State under Mr. Yediyurappa’s leadership, both of which have only strengthened the Chief Minister, sources in the party said. “We are curious as to how the party high command will now deal with this public assertion in front of the Prime Minister,” a senior party leader said.

The Chief Minister has been reportedly “deeply unhappy” over the delay in the flood relief by the Union government and also the “inadequate” amount released. The Opposition has attacked him over lack of adequate Central relief, which was interpreted as the BJP central leadership’s reported unhappiness with him. The Chief Minister had then said he was doing a “tightrope walk”.

After a delay of over two months, the Centre released ₹1,200 crore as flood relief in October 2019.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 30,2020

Dubai, May 30: Taking advantage of Vande Bharat Mission, a notorious NRI conman has fled to India through a repatriation flight after duping several businessmen in United Arab Emirates and stealing goods worth nearly six million dirhams.

Yogesh Ashok Yariava, 36, owner of the fraudulent Royal Luck Foodstuff Trading and prime suspect in the audacious scam took a flight to Hyderabad from Abu Dhabi on May 11 with around 170 repatriates.

His mandatory two-week quarantine period would have ended on May 25, but for his 40 odd victims a protracted battle for justice has just begun.

Last Wednesday many of them trooped down to the Indian Consulate office in Dubai in the hope of getting an audience with Consul General Vipul. The following day they went to Bur Dubai police station clutching dud bank cheques.

In a replay of the familiar trading scam, conmen representing Royal Luck Foodstuff approached unsuspecting traders and made bulk purchases against post-dated cheques.

They bought anything they could get their hands on: Facemasks, hand sanisters and medical gloves worth nearly half a million dirhams from Skydent Medical Equipment, Raheeq Laboratories and GSA Star; rice and nuts (Dh393,000) from Al Baraka Foods; tuna, pistachios and saffron (Dh300,725) from Yes Buy General Trading; French fries and mozzarella cheese (Dh229,000) from Mehdu General Trading; frozen Indian beef (Dh207,000) from Al Ahbab General Trading and halwa and tahina (Dh52812) from Emirates Sesame Factory. It’s a long list and it keeps getting longer as more victims come forward.

When their post-dated cheques started bouncing, the traders rushed to Royal Luck’s Opal Tower office in Business Bay. But it was too late. They had shut down and all their 18 staffers had disappeared. Visits to their warehouses also drew a blank.

“Calls made to the company’s sweet-talking purchase managers who visited us days earlier carrying fancy business cards remained unanswered,” said Chandrasekaran Ganesan of Ajman-based Skydent Medical Equipment which supplied protective face masks worth Dh175,875.

Another business owner, Anand Asar said he visited Royal Luck’s office after his cheque of Dh79,552 returned marked insufficient funds. “The security guard at the building told us their staff was last seen on May 17,” said Asar who has since lodged a police complaint.

“I am devastated. I don’t know how I will recover my losses,” said another trader.

Victims reckon the ill-gotten goods have been sold to third parties at dirt cheap prices.

“They have got millions of dirhams worth of goods against worthless pieces of paper. The scammers would rack up huge profits even if they sell our stuff for one tenth their price,” said another trader who pegged his losses at Dh200,000.

The scam comes close on the heels a Dh4 million fruit loot in which 810 tonnes of fruits shipped by Indian exporters to OPC Foodstuff Trading in Deira, Dubai were similarly stolen last month.

Legal adviser Salam Pappinisseri from Sharjah based United Advocates that represents five firms which have collectively lost over Dh550,000 said they are weighing legal action against the prime suspect Yogesh Ashok Variava in both India and the UAE.

“Yogesh, originally from Mumbai, absconded from the UAE with large amounts of money on an emergency evacuation flight. It’s strange that the fraudster got a seat in the flight which was meant to bring stranded Indian citizens who had registered with the Indian embassy and consulate requesting repatriation on urgent grounds,” said Pappinisseri.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
July 20,2020

Lucknow, Jul 20: Dr Azizuddin Sheikh, who was fighting COVID-19 as a front line worker, passed away after contracting coronavirus in Uttar Pradesh. He is survived by a wife and three small children. 

40-year-old Dr Azizuddin, who hailed from Rajasthan, was serving as a paediatrician at Avanti Bai Hospital and Duffein Hospital, Lucknow for past few years. He had also worked in the Middle Eastern countries. 

When a large number of doctors preferred to stay home following the covid-19 outbreak, Dr Azizudin was working 16 to 17 hours battling the pandemic. 

According to sources, he tested positive for the covid-19 last month. “After the reports came positive, he had to call the concerned authorities many times to take him to the hospital,” recalled his family members.

He was first admitted to Lok Bandhu Hospital and was later shifted to KGMU after his condition deteriorated. Later he was taken to SGPGIMS.
 
“Despite following all the guidelines and taking every precaution while treating coronavirus patients, he tested positive for the covid-19. It’s a shock for all of us,” he said.

He used to console his family members and instill confidence among them, said one of his relatives. 

A local newspaper quoted his friends as saying that he was very dedicated in serving people that he used to take minimal possible fees from his patients. When the family asked him to increase consultation fees his reply would be, “They are poor people, how will they afford”?

After his death, one of his patients Alok Singh wrote about an incident. “When I asked doctor Sahib why he charges so less, his answer was I have to answer Allah. The truth that he has left us will always be the reason for our grief.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.