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.

Comments

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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Agencies
January 26,2020

Jaipur, Jan 26: Rajasthan on Saturday on Saturday became the third state in the country to pass a resolution urging the Centre to repeal the Citizenship Amendment Act (CAA).

he resolution was passed in the state Assembly amid opposition by the BJP which accused the ruling Congress of pursuing appeasement politics.

It is the second Congress-ruled state to pass such a resolution after Punjab. The Kerala Assembly too had passed such a resolution against the CAA moved jointly by the ruling Left Front alliance and the opposition Congress-led UDF.

The Rajasthan Assembly resolution, passed by voice vote, also asked the Centre to withdraw the new fields of information that have been sought for updation of the National Population Register (NPR) 2020.

"It is evident that the CAA violates the provisions of the Constitution. Therefore, the House resolves to urge upon the government of India to repeal the CAA to avoid any discrimination on the basis of religion in granting citizenship and to ensure equality before law for all religious groups of India," the state's parliamentary affairs minister Shanti Dhariwal said, moving the resolution.

Leader of the opposition Gulab Chand Kataria of the BJP questioned the state's right to challenge the Act.

"Granting citizenship is a matter for the Centre. In such a situation do we have the right to challenge the CAA? The Congress should stop doing appeasement and vote bank politics," he said.

Comments

abdullah
 - 
Sunday, 26 Jan 2020

Salute to Rajasthan Govt for rejecting communal and black CAA bill.   This bill is agaisnt the teach of our Constitution and bjp has never done anything as per our constitutin.   Its trying its best to scrap the constitution and restore it with RSS agenda.    We should oppose any move by bjp against the value of constitution.   As bjp has no respect to our constitution, it has no right to be in power.    Many of bjp leaders are giving statemetns against the value of constitution and such leaders should be treated as anti indians and action be taken on them.   

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News Network
June 16,2020

New Delhi, June 16: Tensions along the Line of Control border between India and China have spiked with an Indian army officer and two soldiers killed in the Galwan area of Ladakh, the Indian army said in a statement on Tuesday.

This is the first time in decades that a clash involving casualties has taken place on the 3,488 kilometre border between India and China.

"During the de-escalation process underway in the Galwan Valley, a violent face-off took place yesterday night with casualties. The loss of lives on the Indian side includes an officer and two soldiers. Senior military officials of the two sides are currently meeting at the venue to defuse the situation," said an official statement.

The two sides had made headway in talks last week with army chief General MM Naravane saying disengagement was in progress. The development had come after weeks of tension, including an incident in which patrolling soldiers from the two sides came to blows on the banks of Pangong Lake, resulting in injuries.

The two armies have since thinned out some forces in a positive signal but soldiers, tanks and other armoured carriers remained heavily deployed in the high-altitude region, an official had said.

India and China fought a brief border war in 1962 and have not been able to settle their border despite two decades of talks. Both claim thousands of kilometres of territory and patrols along the undemarcated Line of Actual Control - the de-facto border - often run into each other, leading to tensions. 

Comments

Angry Indian
 - 
Tuesday, 16 Jun 2020

where is our angry desh bakth RSS and sanghi...hiding in rat hole or @%#hole...now you can show your 56 inch chest to chinese...when pakistan destroyed our two fighter jet that time i relised we are making an monkey army not indian army...still time exist, still we have courage army...but we lack leader...we have maron PM...and some dog follower..they only know to bark in media and whatsapp...in reality they are just real na pustak...

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News Network
May 10,2020

Thiruvananthapuram , May 10: Issuing latest order in view of coronavirus outbreak, the Kerala government has ordered complete shut down on all Sundays.

"With a view to prevent the spread of COVID-19, improve the quality of life, reduce the carbon emissions, protect the environment and greenery of the State, the following protocol would be observed on Sundays across the State. Sundays will be observed as total shut down days until further orders," the order read.

Following activities will be permissible on Sundays:

A) Shops selling essential items

B) Collection and distribution of milk

C) Supply of Newspaper, media, hospitals, medical stores, medical labs and related institutions

D) No social gathering is permitted except for marriages and funerals

E) Departments, agencies and activities connected with the containment of COVID-19

F) Movement of goods vehicles

G) Agencies in the field of waste disposal

H) All manufacturing and processing activities of continuous nature and ongoing construction activities will be permitted

I) Take away counters of the hotel from 8 a.m to 9 p.m, online delivery up to 10 pm

J) Walking and cycling will be permitted.

K) In addition, the following roads mentioned in Annexure will be closed for motorised traffic except for movement of essential goods and emergency vehicles from 5 am to 10 am. During this time, non-motorised traffic such as walking and cycling will be permitted.

L) Movement of persons on Sundays are allowed only for health emergencies, Government servants on emergency duties and persons engaged in activities connected with Covid-19 containment, persons involved in the activities from (a) to (k) above, priests and other religious persons responsible for conducting rituals in worship places.

M) Any other movement of persons, if any in exigencies, shall only be with the travel passes obtained from District Collector or Police authorities concerned.

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