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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Agencies
July 20,2020

New Delhi, Jul 20: Reiterating that China has still occupied India's territory, Congress leader Rahul Gandhi on Monday attacked Prime Minister Narendra Modi saying that he has fabricated a fake strongman image to come to power which has now become India's biggest weakness as he has to protect the idea of 'Chhapan Inch'.

Taking to Twitter, the Congress leader posted a video message and wrote, "PM fabricated a fake strongman image to come to power. It was his biggest strength. It is now India's biggest weakness."

In the video message, speaking on "China's Strategic Game Plan" the Congress leader said: "What is China's strategic and tactical game plan? It is simply not a border issue. The worry I have is that the Chinese are sitting in our territory today. Chinese don't do anything without thinking about it strategically."

"In their mind, they have mapped out the world and they are trying to shape the world. That's the scale of what they are doing. That's what Gwadar is, that is what belt and road is. It is a restructuring of the planet. So when you are thinking about the Chinese you have to understand that that is the level at which they are thinking," he added.

Now at the tactical level, they're trying to improve their position. Whether it is Galwan, whether it's Demchok or whether it is Pangong Lake. The idea is to position themselves, he said.

"They are disturbed by our highway they want to make our highway redundant and if they are thinking larger scale, they want to do something with Pakistan in Kashmir. So it is not simply a border issue. It is a border issue designed to put pressure on the Prime Minister of India," the Congress leader said.

"And they are thinking of putting pressure in a very particular way. And what they are doing, is that they are attacking his image. They understand that it in order for Mr Narendra Modi to be an effective politician; in order for Mr Narendra Modi to survive as a politician, he has to protect the idea of--Chhapan Inch. And this the real idea the Chinese are attacking. They are basically telling Mr Narendra Modi that if you do not do what we say, we will destroy the idea of Mr Narendra Modi as a strong leader," he added.

Gandhi continued saying, now the question is, how will PM Narendra Modi react. Will he take them on? Will he take on the challenge and say absolutely not, I'm the Prime Minister of India. I do not care about my image I'm going to take you on. Or will he succumb to them?

"The worry I have so far is that the Prime Minister has succumbed. The worry I have is, the Chinese are sitting in our territory today and the Prime Minister has said publicly they are not, which to me tells me that is worried about his image and defending his image," said Gandhi.

"And if he allows the Chinese to understand that they can manipulate him because of his image, the Indian Prime Minister will no longer be worth anything for India," he added.

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News Network
June 11,2020

New Delhi, Jun 11: Union Minister Kiren Rijiju on Thursday said the religious and constitutional rights of minorities are absolutely safe in India and it does not need any certificate from anyone as communal harmony and tolerance are in the DNA of the country and its majority community.

Comments of Rijiju, a Buddhist, came after a top Trump administration official has said that the US is very concerned about what is happening in India in terms of religious freedom.

"India doesn't need certificate on communal harmony and tolerance which is in the DNA of India and the majority community in India," Rijiju, who holds the charge of the Union minister of state for minority affairs besides being the union sports minister, said in a statement.

Rijiju said the social, religious and constitutional rights of minorities are absolutely safe in the country.

"A few politically intolerant people are trying to create an atmosphere of fear and intolerance. As a member of the minority community, I feel India is the best country in the world for the minorities," he said.

Samuel Brownback, the US Ambassador-at-Large for International Religious Freedom, said on Wednesday that India has been a country area that spawned four major religions itself.

"We do remain very concerned about what's taking place in India. It's historically just been a very tolerant, respectful country of religions, of all religions," he said.

The trendlines have been troubling in India because it is such a religious subcontinent and seeing a lot more communal violence, Brownback said.

His comments came after the release of the '2019 International Religious Freedom Report'.

Mandated by the US Congress, the report documenting major instances of the violation of religious freedom across the world was released by Secretary of State Mike Pompeo at the State Department.

India has previously rejected the US religious freedom report, saying it sees no locus standi for a foreign government to pronounce on the state of its citizens' constitutionally protected rights.

"India is proud of its secular credentials, its status as the largest democracy and a pluralistic society with a longstanding commitment to tolerance and inclusion", the government had said earlier.

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News Network
July 25,2020

New Delhi, Jul 25: Congress leader Priyanka Gandhi Vadra on Saturday attacked the Yogi Adityanath government over its handling of the Covid-19 crisis, saying that at a time when there is an "explosive" rise in cases, the state dispensation's "no test is equal to no corona" policy can lead to a "more frightening situation".

In a letter to the Uttar Pradesh chief minister, the Congress general secretary said that the situation is getting serious and the battle against the pandemic cannot be fought just by publicity and managing news.

Priyanka Gandhi said she hopes the chief minister will take "big and effective" steps that will assure people that the government is committed to protect their lives and they will not be left to God for protection.

"By showing the fear of coronavirus, corruption is thriving. If this is not reined in, the battle against coronavirus will turn into a disaster," Priyanka Gandhi said.

Noting that 2,500 cases of coronavirus were reported in UP on Friday, she said almost all the metros were flooded with Covid-19 cases, but now even the villages were not unaffected by its spread.

"Quarantine centres in UP are in a pathetic state. In some places, the situation is so bad, that people are fearing mismanagement more than the coronavirus. Because of such a scenario, they are not stepping out of their homes for getting tested," Priyanka Gandhi said.

"This is a major failure of the government," she asserted.

The state government by believing in the "no test = no corona" mantra has adopted a low testing policy, she alleged in the letter written in Hindi.

"There is an explosive rise in Covid-19 cases. Till testing will not be increased in a transparent manner, the fight against the pandemic will be incomplete and the situation can become more frightening," she said.

"Your government claimed that there is provision for 1.5 lakh beds, but with only about 20,000 active infected cases, there is a scampering for beds," she said.

If there is a huge crowd in front of the hospitals, then why is the UP government not constructing temporary hospitals on the lines of those set up in Mumbai and Delhi, Priyanka Gandhi asked.

Availing medical facility is the fundamental right of every citizen, she asserted.

"The prime minister is a Member of Parliament from Varanasi, the defence minister is from Lucknow, many other Union ministers are from UP. Why can't temporary hospitals be opened in Varanasi, Lucknow, Agra etc." Priyanka Gandhi asked.

She suggested that temporary hospitals can be operated by the Defence Research and Development Organisation (DRDO), the Army and the paramilitary, or if need be, the DRDO hospital can be brought to Lucknow.

Also, central facilities set up in Delhi can also be used for border districts, Priyanka Gandhi said, adding that their utilisation is not being maximised there.

Noting that home isolation was a good step, she said it should not be implemented in haste.

Informed decisions should be taken on key matters related to home isolation like what will be the arrangement for monitoring patients, who needs to be informed if the patient's condition worsens and what will the medical facilities cost in home isolation, she said.

What will be the arrangement for checking the temperature and oxygen level of the patients in home isolation, she further asked in the letter.

The government should do a complete mapping of it and give complete information at the local level to the public, Priyanka Gandhi said.

The Congress general secretary said that she realises, that often the state government feels that the Congress' suggestions are given only from a political point of view.

"This was evident from the response of your government while we were trying to get buses for UP workers who were walking home," she said.

"I want to assure you once again that protecting the health and life of the people of Uttar Pradesh is our biggest sentiment at this time. We are continuously striving with constructive support and a spirit of service," she said in the letter.

At this time when the pandemic is growing rapidly, the Congress stands with the people of UP and is ready to give full support to the state government, she said.

Tightening its grip over Uttar Pradesh, Covid-19 claimed a record 50 lives in the state on Friday as the deadly virus infected 2,667 people more in the largest single-day spike till date.

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