Nirbhaya case: SC declines DCW appeal for urgent hearing to stop juvenile from walking free

December 20, 2015

New Delhi, Dec 20: The juvenile offender of the horrific December 16 gangrape case is all set to walk free on Sunday as the Supreme Court refused the dramatic post-midnight move of the Delhi Commission for Women (DCW) to stay his release by giving an urgent hearing.

Nirbhaya caseA vacation bench comprising Justices AK Goel and UU Lalit in their order pronounced at 2 am, posted the matter for hearing on Monday.

However, DCW chairperson Swati Maliwal and the lawyers of the women's panel hoped that since the matter has become sub judice, the government and Delhi Police will not release the juvenile offender.

"The matter has been posted for hearing on Monday as item number 3. The matter has now become sub judice. I hope that government and the Delhi Police will wait for one day and not release him," Maliwal told reporters outside the residence of Justice Goel.

The Special Leave Petition filed by DCW against the order of the Delhi High Court, which refused to restrain the release of the convict, was referred by the Chief Justice of India TS Thakur before the vacation bench.

Lawyers associated with the case, including senior advocate Guru Krishna Kumar and Devdutt Kamath, had rushed to Justice Goel's residence at around 1.30 am after Maliwal was told by the Registrar that the matter has been assigned to the vacation bench.

"CJI had refferred matter to Vacation Bench. Registrar General taken our case to Judge. On our way dere. Appeal for case to be heard tonight," Maliwal had tweeted earlier. The grounds which has been taken in the appeal against the High Court order says that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.

Advocate Kamath said that there are intelligence reports that even during his stay in the provision home, the convict was unremorseful of his action and he has been further radicalised. So at this stage, it cannot be said that he is not a threat to the society.

The SLP has also stated that though the High Court was of the view that there was a need for mental assessment of the convict, there was no direction that before his release the authorities should go for a health and mental assessment of the offender.

Further, it is submitted in the petition that there is also likely to be threat to his own life as reports are appearing that there is anger and tension between two groups in his own village. "Therefore it is also in his own interest and for the protection of his life that he should not be dumped and left unprotected," it said.

In the petition, Kamath said there are other legal points raised to challenge the High Court order. Guru Krishna Kumar is to appear for DCW in the case. The High Court had yesterday refused to restrain the convict's release citing that there is no legal provision for the action.

Maliwal reached the Chief Justice of India's residence around midnight and later arrived at the Registrar's office in the apex court premises. A day before his scheduled release, the juvenile convict was moved out of Delhi today even as distraught parents of the victim were detained today after they held a protest against allowing him to walk free.

The convict, who is now 20 years old and was known to be the most brutal of the attackers, has been taken to an undisclosed location from a correction home in North Delhi amid concerns that there was a threat to his life.

Sources said the juvenile has been kept under observation of an NGO under the protection of Delhi Police. The parents of the gangrape victim, along with 40 Delhi University and Jawaharlal Nehru University(JNU) students, were detained by the police as they staged a protest against the release of the juvenile convict. The police action was condemned by Delhi Chief Minister Arvind Kejriwal.

"I am shocked to learn that Nirbhaya's parents have been detained. They shud immediately be released. Police action against Nirbhaya's parents is unacceptable. I have asked Chief Secretary to talk to Police Commissioner and get them released," Kejriwal tweeted.

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Keiko Derico
 - 
Thursday, 7 Apr 2016

Thoughtful commentary , For what it's worth , you are looking for a PA PUB 12 , my business partner saw a blank form here

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News Network
January 27,2020

Thiruvananthapuram, Jan 27: Kerala Chief Minister Pinarayi Vijayan on Monday urged Prime Minister Narendra Modi to arrange for airlifting the Indians stranded in Wuhan province of China, the epicentre of coronavirus, saying the ground situation there has further worsened.

In a letter to Mr. Modi, he said since the situation in Wuhan was grave, it would be appropriate to operate a special flight to Wuhan or a nearby functional airport and airlift Indian nationals stranded there.

Mr. Vijayan also wanted the Prime Minister to give necessary instructions to the Indian Embassy in China to act pro-actively and provide necessary assistance and reassurance to Indians, including Keralites, stranded in Wuhan and Yichang.

The Chief Minister offered assistance of medical professionals from the State in case of evacuation of the Indians from Wuhan.

Chinese health authorities have announced the death toll due to coronavirus has sharply increased to 80 with 2,744 confirmed cases.

The confirmed cases of pneumonia caused by the novel coronavirus officially described as 2019-nCoV included 461 patients who are in critical condition.

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Agencies
January 24,2020

New Delhi, Jan 24: The Election Commission of India on Friday told the Supreme Court that its 2018 direction asking poll candidates to declare their criminal antecedents in electronic and print media has not helped curb criminalisation of politics. The poll panel suggested that instead of asking candidates to declare criminal antecedents in the media, political parties should be asked not to give tickets to candidates with criminal background.

A bench of Justices R F Nariman and S Ravindra Bhat asked the ECI to come up with a framework within one week which can help curb criminalisation of politics in nation's interest.

The top court asked the petitioner BJP leader and advocate Ashiwini Upadhyay and the poll panel to sit together and come up with suggestions which would help him in curbing criminalisation of politics.

In September 2018, a five-judge Constitution bench had unanimously held that all candidates will have to declare their criminal antecedents to the Election Commission before contesting polls and had called for a wider publicity, through print and electronic media about antecedents of candidates.

Comments

Satya Vishwasi
 - 
Saturday, 25 Jan 2020

What about those criminals who were already in parliament and vidahan sabhas? shall the ECI cancel their positions?

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News Network
April 24,2020

New Delhi, Apr 24: The trajectory of COVID-19 cases could have plateaued and might even fall for some weeks after the lockdown is lifted but India is likely to see a second wave in late July or August with a surge in the number of cases during the monsoon, say scientists.

The timing of the peak will depend on how India is able to control physical distancing and on the level of infection spreads after restrictions are relaxed, they said.

It looks apparent that the trajectory of daily new cases has reached a plateau and eventually it will take a downward fall, maybe for some weeks or even months, Samit Bhattacharya, associate professor at the Department of Mathematics, Shiv Nadar University, said.

Still, we may get a surge of new cases of the same coronavirus and this will be considered a second wave, Bhattacharya explained.

The second epidemic may come back in late July or August in the monsoon, although the peak timing will depend on how we control social distancing during that time, he said.

Rajesh Sundaresan, professor at Bengaluru's Indian Institute of Science (IISc), agreed.

“Once we return to normal activity levels, there is a chance that infection may begin to rise again. China is seeing this to some extent post easing of some restrictions on travel,” Sundaresan, corresponding author of a working paper by researchers at IISc and the Tata Institute of Fundamental Research (TIFR) in Mumbai, said.

On March 25, when the number of coronavirus cases was 618 with 13 deaths, the government announced a nationwide lockdown that was later extended to May 3.

On Friday, the death toll due to COVID-19 rose to 718 and the number of cases to 23,077, according to the Union Health Ministry.

In good news, officials said this week that the doubling rate of cases has slowed down in the period, going from 3.4 days before lockdown to 7.5 days, with 18 states doing better than the national average. The recovery rate has also almost doubled in the last 10 days.

"Looking at the new cases in the past few days, it seems the growth of new daily infection is much slower than earlier. This apparently indicates that we might have reached at the plateau of the growth curve, Bhattacharya said.

He noted that recent studies in China and Europe observed that the infection might relapse in those people who have already recovered from earlier phases.

So, there is no evidence that the earlier infection may help acquire immunity against the second infection. And in that way, the entire population may be vulnerable to the second wave to some extent, said the scientist.

In their study unveiled this week, IISc and TIFR researchers analysed the impact of strategies such as case isolation, home quarantine, social distancing and various post-lockdown restrictions on COVID-19 that might remain in force for some time.

The study modelled on Bengaluru and Mumbai suggests the infection is likely to have a second wave and the public health threat will remain, unless steps are taken to aggressively trace, localise, isolate the cases, and prevent influx of new infections.

The new levels and the peaking times for healthcare demand depend on the levels of infection spreads in each city at the time of relaxation of restrictions, they said.

The lockdown is currently upon us. It has given us valuable time. Let us test, trace, quarantine, isolate, practice better hygiene, search for a vaccine, etc. We should do these anyway, and these are being done. When and how to lift the lockdown is going to be a difficult decision to make, said Sundaresan.

It's clear that it's going to be phased. What our team is focusing on is to come up with tools to help the decision makers assess the public health impact of various choices, he said.

According to the experts, infectious diseases spread via contact between infectious and susceptible people. In the absence of any control measures, an outbreak will grow as long as the average number of people infected by each infectious person is more than one.

Once enough people are immune there will be fewer people susceptible to the infection and the outbreak will die.

However, when an outbreak is brought under control by social distancing and other interventions, it is possible only a small proportion of the population will have been infected and gained immunity, they said.

This means enough susceptible people may remain to fuel a second wave if controls are relaxed and infection is reintroduced.

Until the vaccine comes on the market, we have to remain alert Once sporadic cases occur here and there in the country, we immediately need to implement quarantine or social distancing locally for the people in that region, and also need to perform tests to identify positive cases irrespective of showing symptoms, Bhattacharya explained.

Note that these monsoon months are also flu season in many places of India. So, we should not ignore the early signs of the flu symptoms. Irrespective of symptoms, we need to increase tests in the hotspots to identify people and contain the surge, he said.

Sundaresan added that the timeline for a second wave will depend on a lot of circumstances which may change as the time passes.

Significant testing may have been underway, there may be behavioural changes with people becoming more careful about their hygiene, wearing masks may become more common, etc. All these responses may help restrict the second wave, he said.

A study published in The Lancet journal earlier this month modelled the potential adverse consequences of premature relaxation of interventions, and found it might lead to a second wave of infections.

The finding is critical to governments globally, because it warns against premature relaxation of strict interventions, the researchers said.

While interventions to control the spread of SARS-CoV-2 are in place, countries will need to work toward returning to normalcy; thus, knowledge of the effect of each intervention is urgently required, they said in the study.

According to a recent analysis by the Harvard Chan School of Public Health, the best strategy to ease the critical care burden and loss of life from COVID-19 might be on-again, off-again social distancing.

In the absence of such interventions, surveillance and intermittent distancing may need to be maintained into 2022, which would present a substantial social and economic burden, the researchers wrote.p

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