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
June 2,2020

New Delhi, Jun 2: Congress leader Rahul Gandhi on Monday took a jibe at Prime Minister Narendra Modi over Moody's Investors Service downgrading India's sovereign rating to the lowest investment rate and said that the global rating agency has rated his handling of the country's economy "a step above junk".

"Moody's has rated Modi's handling of India's economy a step above JUNK. Lack of support to the poor and the MSME sector means the worst is yet to come," the Congress leader tweeted citing a media report on Moody's downgrading the nation.

On Monday, Moody's downgraded the country's rating to "Baa3" from "Baa2". This comes at a time when the government is facing criticism from the Opposition over its handling of the COVID-19 situation and measures to boost the economy.

The government has already announced a stimulus package of Rs 20 lakh crore to deal with the situation.

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Agencies
January 11,2020

New Delhi, Jan 11: The Supreme Court is scheduled to hear the curative petition of two death row convicts in 2012 Nirbhaya gang-rape case on January 14.

A five-judge Bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan will hear the petition filed by Vinay Sharma and Mukesh.

The duo had moved a curative petition in the top court after a Delhi court issued a death warrant in their name and announced January 22 as the date of their execution.

Besides them, two other convicts named Pawan and Akshay are also slated to be executed on the same day at 7 am in Delhi's Tihar Jail premises.

They were convicted and sentenced to death for raping a 23-year-old woman on a moving bus in the national capital on the night of December 16, 2012.

The victim, who was later given the name Nirbhaya, died at a hospital in Singapore where she had been airlifted for medical treatment.

A curative petition is the last judicial resort available for redressal of grievances. It is decided by the judges in-chamber.

If it is rejected, they are legally bound to move a mercy petition. It is filed before the President who has the power to commute it to life imprisonment.

The court after issuing a black warrant in their name gave them two weeks' time to file both the curative and mercy petition.

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News Network
May 20,2020

Kolkata, May 20: Cyclone 'Amphan' lay centred about 240 km south of Digha in West Bengal on Wednesday morning as an extremely severe cyclonic storm, the Met department said here.

The intensity near the centre of the storm was 170 to 180 kmph gusting to 200 kmph, the Met said.

'Amphan' is very likely to move north-northeastwards and cross West Bengal-Bangladesh coast between Digha and Hatiya, close to the Sunderbans during the afternoon to evening of Wednesday with a wind speed of 155 to 165 kmph gusting to 185 kmph as a 'very severe cyclonic storm', the Met department said.

West Bengal has evacuated more than three lakh people to safer places as the cyclonic storm 'Amphan' roared towards the coastal areas of the state, officials said.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

The Met department has advised that all establishments and markets remain closed in Kolkata and adjoining areas and movement of people be restricted on May 20.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles, extensive damage to all types of 'kutcha' houses and some damage to "old badly managed pucca" structures and potential threat from flying objects, the weatherman warned.

There is also likelihood of extensive damage to standing crops, plantations and orchards and blowing down of palm and coconut trees, the Met said.

The weatherman has advised diversion or suspension of rail and road traffic in the districts which are likely to be affected.

The Eastern Railway (ER) has cancelled the departure of Howrah-New Delhi AC Special Express for Wednesday.

The departure of 02301 Howrah-New Delhi AC Special Express on Wednesday and 02302 New Delhi-Howrah AC Special Express on May 21 would remain cancelled, the ER said.

Wind speed along and off the coastal areas of West Bengal will reach 75 to 85 kmph with gusts up to 95 kmph from Wednesday morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speed of 155 to 165 kmph gusting to 185 kmph over the districts of North and South 24 Parganas and East Midnapore of West Bengal from the afternoon to night of May 20," he said.

Under its impact rainfall will occur in most places over the districts of Gangetic West Bengal on Wednesday, with heavy to very heavy downpour with extremely heavy rain at a few places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

"Storm surge of 4 to 5 metres above astronomical tide is likely to inundate low lying areas of South and North 24 Parganas and about 3 to 4 metres over low lying areas of East Midnapore district of West Bengal during the time of landfall," he said.

The Indian Navy has dispatched a diving team for providing assistance to the West Bengal government in relief operations, a Defence official said.

The diving team from Vishakhapatnam has brought specialised equipment along with them which can be used for rescue in case of flooding and have been positioned at the Naval Service Selection Board at Diamond Harbour in South 24 Parganas district, the official said.

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