President Pratibha Patil goes on mercy overdrive

June 22, 2012

Prathiba_OverdriveNew Delhi, June 22: Ahead of demitting office, President Pratibha Patil has scored a new record. She has commuted the death sentence of as many as 35 convicts to life — among them are those convicted of mass murder, kidnapping, rape and killing of children.

On June 2, Patil gave her pardon to four more — Bandu Baburao Tidke from Karnataka, Buntu from Uttar Pradesh and Lalchand alias Laliya Dhoom and Shiv Lal from Rajasthan. As a swami of Sadashiva Appana Math, Bagalkot, Tidke abducted a 16-year-old schoolgirl, raped and murdered her. UP's Bantu, on death row since July 2008, was convicted of raping and killing a five-year-old girl.

In fact, almost all the convicts pardoned are guilty of the most blood-curdling crimes. Piara Singh, Sarabjit Singh, Gurdev Singh and Satnam Singh had massacred 17 of a family at a marriage function. Gopi and Mohan (Tamil Nadu) and Molai Ram and Santosh (Madhya Pradesh) had raped and murdered little girls.

The large scale of presidential pardons is seen as surprising. That is because India has not yet abolished the death penalty.

Were these pardons diluting the legal provision through the backdoor? Archana Dutta, Rashtrapati Bhavan spokesperson, said the President was well aware of constitutional provisions as she was a lawyer herself. "The President only takes a decision to commute a death sentence or reject it after she is satisfied by the advice tendered by the government. The President ensures that the government has put in certain application of mind to give mitigating and extenuating circumstances for their advice,'' she said.

Notwithstanding Dutta's assertion, the speed with which Patil has granted pardons would indicate haste. Those shown clemency have been held guilty of barbaric crimes. These appear to have met the criterion of the "rarest of the rare" crimes that attract death penalty. While Patil has shown mercy to mass killers and rapists and killers of children, she has not given the same treatment to political assassins like the killers of former Punjab chief minister Beant Singh or Rajiv Gandhi.

With the June 2 decision to grant four more pardons, the President boasts of a disposal rate of 200%. In recent times President K R Narayanan received 10 petitions and disposed of only one in his tenure. A P J Abdul Kalam inherited nine petitions with another 16 added in his term, taking the total to 25. He disposed of only two — rejecting one and pardoning the other.

Presidential pardon

Article 72 empowers President to pardon, grant reprieve or suspend, remit, commute sentence of person convicted of any offence

President guided by home minister, council of ministers

Exercise of the executive prerogative subject to judicial review

Pratibha Patil has granted clemency to 35 convicts — a record 22 of those killed by these 35 were women and children

Patil rejected 3 pleas

Afzal Guru's among pending mercy petitions

Since 1981, more than 90 have pleaded for clemency

Patil's disposal rate is about 200% unlike K R Narayanan who only disposed of one petition of the 10 he received and Kalam who had a disposal rate of 12.5%

Clemency call

APJ Abdul Kalam | Had 25 mercy petitions. Rejected plea of Dhananjoy Chatterjee, India's last recorded execution. Commuted one to life. Returned others

K R Narayanan | Sat on all pleas. Used delay as tactic. Received about 10 mercy pleas

S D Sharma | Rejected all 14 mercy petitions presented to him

Some sentences commuted

SATISH | Killed & brutalized Visakha, 6, a UP resident, in 2001

MOLAI RAM & SANTOSH YADAV | Raped and killed 10-yr-old daughter of jailor in MP prison in 1996

DHARMENDRA SINGH and NARENDRA YADAV | UP duo killed couple and their 3 minor kids in 1994

PIARA SINGH and HIS THREE SONS| From Punjab, massacred 17 of a wedding party

SHOBHIT CHAMAR | Of Bihar. Jailed for killing 6 of an upper caste landlord's family, including 2 kids

R GOVINDSWAMY | From Kerala, sentenced for murder of his paternal uncle, aunt, their three children over a land dispute

SHYAM MANOHAR, SHEO RAM, PRAKASH, RAVINDER SURESH and HARISH | Killed five, including a 10-yr-old boy, over a property dispute

OM PRAKASH | From Uttarakhand, murdered retired brigadier and two family members

SUSHIL MURMU | Sacrificed a 9-yr-old boy in Jharkhand for his own prosperity

MOHAN and GOPI | From TN, kidnapped 10-yr-old boy, strangled him, got Rs 5 lakh as ransom

JAIKUMAR | Murdered pregnant sister-in-law and niece

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News Network
March 11,2020

New Delhi, Mar 11: According to the Union health ministry, there are 62 confirmed cases of coronavirus in the country.

The Delhi High Court Wednesday sought the stand of the Centre and the Delhi government on a PIL seeking proper and adequate measures to combat coronavirus.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notice to the Ministry of Health and the Delhi government seeking their replies on the public interest litigation (PIL) filed by an advocate.

The petition, by lawyer Triveni Potekar, seeks directions to the Centre and the Delhi government to make available important and relevant information on access to and availability of medical facilities for testing and treatment for the coronavirus disease.

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Agencies
February 14,2020

Kochi, Feb 14: A special National Investigation Agency (NIA) court on Friday extended the remand of Thalassery-based students Allan Shuhaib and Thaha Fasal till March 13.

They were arrested under the Unlawful Activities (Prevention) Act in Kozhikode in November 2019.

Meanwhile, Alan Shuhaib has approached the High Court seeking permission to appear for the LLB 2nd semester exam scheduled on February 18.

Kerala Chief Minister Pinarayi Vijayan on February 6 wrote to Home Minister Amit Shah, urging him to transfer the case of the two students, who were arrested for alleged links with Maoists, from the NIA to state police.

Allan and Thaha, students of law and journalism respectively of Kannur University, were taken into custody by the police from Pantheerankavu in Kozhikode on November 1 last year for alleged links with the Naxals.

The duo was charged under Sections 20 (punishment for being a member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (offence relating to support given to a terrorist organisation) of the UAPA.

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News Network
March 25,2020

India will suspend all domestic flights from midnight Tuesday, the final piece of a nationwide lockdown that threatens Prime Minister Narendra Modi’s attempts to revive an economy already expanding at the slowest pace in more than a decade.

The flight ban compliments a cancellation of all passenger trains through March 31, as authorities try to halt the spread of the coronavirus in the world’s second-most populous country, which has poorly equipped hospitals and inadequate social security. Modi on Monday held a conference call with some of India’s top entrepreneurs and bankers, who urged policymakers to immediately slash interest rates by as much as a full percentage point, transfer cash to the poorest citizens, and suspend loan-repayments.

Over the past three days, state after state has declared curfews and India’s international borders have been shut for most visitors since March 11. India so far has 492 virus cases, including nine deaths. But experts say the country could be on the same trajectory as Italy, where the outbreak quickly escalated, causing hospitals to overflow.
A traveller stands outside a near-empty Delhi Junction Railway Station in Delhi, March 22.

"This is the biggest lockdown in world history,” said Raghu Raman, a former soldier with the Indian Army and founder of the National Intelligence Grid, an umbrella database aimed at countering terrorism. “This strategic pause gives decision-makers more time to arrest the exponential spread of the virus and evaluate trade-offs.”

Controlling the outbreak is crucial for Modi, who remains India’s most popular political leader currently though his economic management has faced criticism. Foreign investors are selling Indian assets at an unprecedented pace and failure to contain deaths and infections could erode some of the prime minister’s personal appeal at home.

Oxford Economics slashed India’s January-March growth forecast to 3%, a number not seen even during the worst of the global financial crisis. The main equity gauge rose about 3% on Tuesday after a record 13.2% plunge Monday, and the rupee stayed near its all-time low.

“A part of the cerebral cortex that senses fear and survival seems to have activated in the minds of investors,” said Umesh Mehta, Mumbai-based head of research at Samco Securities Ltd. “The only relief in this market can come from either policy makers and regulators, or from some positive news that a cure for the pandemic is near.”

Bloomberg Economics estimates Modi’s administration needs at least 1% of gross domestic product -- $30 billion -- to meaningfully respond to the virus outbreak. Meanwhile, the nation’s billionaires are diverting their factories to manufacture medical equipment and pledging to keep paying their staff even as production grinds to a halt. India allowed companies to use their philanthropy funds to prevent the spread of the coronavirus.

Reliance Industries Ltd., controlled by India’s richest man Mukesh Ambani, has helped equip a hospital in Mumbai dedicated to patients of Covid-19, the disease caused by the coronavirus. It will also build quarantine centers and produce 100,000 facemasks a day and other personal protective equipment for health workers. The group’s telecom unit will offer free broadband to enable work-from-home during the lockdown and will pay its lowest paid workers twice a month to protect household incomes.

Ambani joins Mahindra & Mahindra Ltd. Chairman Anand Mahindra and Vedanta Resources Ltd. Chairman Anil Agarwal -- a combined worth of more than $40 billion between the trio -- who have so far made pledges.

Indian companies are responding to Modi’s shutdown call. Maruti Suzuki India Ltd., Tata Motors Ltd., Toyota Kirloskar Motor, Hero MotoCorp., Samsung Electronics Co. and LG Electronics Inc., Mahindra Group, TVS Motor Co., Kia Motors Corp., Renault Nissan Automotive India Private Ltd., and Yamaha Motor India are among companies that have announced factory suspensions.

Policymakers are aware of the risks of such a move. India -- with a record 5.9 trillion rupees of local corporate debt maturing this year -- faces “waves of default” if cash flows aren’t maintained, the government’s principal economic adviser Sanjeev Sanyal said an interview.

Finance Minister Nirmala Sitharaman last week said the government will announce a relief package for coronavirus-affected sectors as soon as possible. The Reserve Bank of India, which is due to review interest rates April 3, announced a 1 trillion rupee cash injection on Monday.

“Let me assure, whatever it takes to keep the cash flow going in the economy will be done,” Sanyal said. “We need to make sure that when we are past the health storm, we still have an economy that has not gotten gridlocked. Because unwinding that would be more difficult.”

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