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

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News Network
April 5,2020

New Delhi, April 5: People were seen buying diyas and candles across the country to light them at 9 p.m. on Sunday to fight the "darkness of coronavirus" as requested by Prime Minister Narendra Modi.

Although the country is under a lockdown and all the shops barring those selling essential items are shut, but a number of makeshift roadside shops and carts have cropped up selling earthen lamps or diyas at various places.

The earthen lamps, along with other 'puja samgari', are also sold near various temples. Those shops also opened on Sunday.

Gatherings at the temples and other religious places too are barred.
Those who did not find diyas in their localities contended with candles available at the local general stores.

Prime Minister Narendra Modi had on April 3 appealed to people in a televised address to light diyas and candles on April 5 at 9 pm to fight the darkness spread by coronavirus pandemic.

"Friends, amidst the darkness spread by the corona pandemic, we must continuously progress towards light and hope. We must defeat the deep darkness of the crisis by spreading the glory of light in all four directions," said the Prime Minister in a video message.

"And that is why, this Sunday, on April 5, we must all together, challenge the darkness spread by the corona crisis, introducing it to the power of light. On this day, we must awaken the superpower of 130 crore Indians. We must take the super resolve of 130 crore Indians to even greater heights," Modi said.

He asked the people to turn off all the lights in their homes and stand at doors or balconies and light candles or diyas, torches or mobile flashlights for 9 minutes on April 5.

"In that light, in that lustre, in that radiance, let us resolve in our minds that we are not alone, that no one is alone! 130 crore Indians are committed, through a common resolve!" he said.
PM Modi's call to light diyas, torches or mobile flashlights amid the lockdown has proved to be a boon for shopkeepers selling diyas and candles.

"Sales of diyas have increased to 50 per cent and we also got orders. It has happened because of Modi ji's appeal. We are with him in this," Ram Ravi Kumar, a shopkeeper in Delhi told news agency.

Vikas Kumar, a resident of Patna, said, "I have bought 50 diyas for today. PM Modi had said that people have to light the diyas for nine minutes after switching off light at home."
Modi has asked citizens to not assemble anywhere while participating in this programme and emphasised on the importance of social distancing to prevent coronavirus spread.

Meanwhile, the number of positive cases of coronavirus in the country continues to surge. As per the Ministry of Health and Family Welfare, the total number of confirmed COVID-19 cases is 3,374 with 79 deaths.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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News Network
July 11,2020

New Delhi, Jul 11: Poll strategist Prashant Kishor took a swipe at Bihar Chief Minister Nitish Kumar on Saturday, saying this is time to fight the coronavirus not elections and that he should not endanger people's lives in a "hurry" to hold the assembly polls.

"The coronavirus situation in Bihar is worsening like it is in many other states of the country. But a big part of government machinery and resources are busy making preparation for the polls.

"Nitish Kumar ji, this isn't time to fight elections but the coronavirus. Don't endanger people's lives in this hurry to hold the polls," he tweeted.

Kishor, once a confidant of the JD(U) president before he turned a critic and was expelled from the party, joins leaders like LJP chief Chirag Paswan and RJD's Tejashwi Yadav in suggesting that the Bihar assembly polls should be deferred due to the pandemic.

Polls in Bihar are due in October-November but the Election Commission has so far not made any official announcement about its schedule.

The BJP and the JD(U) have been holding organisational meetings and said that they are ready for the elections.

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