SC transfers Kathua gangrape case to Pathankot, says 'no' to CBI probe

Agencies
May 7, 2018

New Delhi, May 7: The Supreme Court (SC) today transferred the Kathua gangrape-and-murder trial to Pathankot, Punjab.

The apex court fixed the next date of hearing as July 9. The hearing of the case would be held on day-to-day basis and in-camera, the court said.

The court allowed J&K government to appoint public prosecutor to conduct prosecution of accused in the trial at Pathankot and also asked the government to provide security to victim's family, their lawyer and witnesses.

Before transferring the case to Pathankot, the court considered several options, including Udhampur, Jammu, Ramban and Sambha.

But except Ramban, other places were not acceptable to victim's family. Ramban was rejected by the accused saying it is dominated by another community hence not conducive to fair trial.

The top court also issued directives to District and Sessions Judge Pathankot to personally undertake trial proceedings and not assign it to any additional sessions judge. The court also said that it will continue to monitor the progress in trial from time to time.

The victim's father had filed a plea to move the trial to Chandigarh. The accused had also filed a plea seeking to transfer the case to the CBI from the police.

The victim, an eight-year-old girl from a minority nomadic community, had disappeared from near her home in a village near Kathua in the Jammu region on January 10. Her body was found in the same area a week later.

The apex court had earlier given a stern warning and said it would transfer the Kathua gangrape-and-murder case from the local court in the "slightest possibility" of lack of fair trial, saying the "real concern" was to hold proper prosecution.

The girl's father had moved the apex court earlier, apprehending threat to the family, a friend and their lawyer Deepika Singh Rajawat. A separate plea was also filed by two accused seeking that the trial in the case be held in Jammu and the probe handed over to the CBI.

The state police's Crime Branch, which probed the case, filed the main chargesheet against seven persons and a separate chargesheet against a juvenile in a court in Kathua district last week. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.

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News Network
April 15,2020

New Delhi, Apr 15: With 1,076 new COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 11,439, said the Union Ministry of Health and Family Welfare on Wednesday.

Out of the total tally, 9,756 cases are active while 1,306 patients have been cured/discharged and migrated.

With 38 new deaths reported in the last 24 hours, the death toll rises to 377.

According to the ministry, Maharashtra is the worst-affected state with 2,687 cases of which 259 patients have recovered/discharged while 178 patients have lost their lives due to the virus.

Delhi comes in at the second position with 1,561 cases of which 30 patients have recovered while 30 patients have succumbed to the virus.

Tamil Nadu is the third state with over 1,000 cases at 1,204 cases of which 81 have recovered and 12 have died due to the deadly virus.

Rajasthan is nearing the 1,000 mark with 969 cases of which 147 people have recovered while 3 patients are dead. Madhya Pradesh reported 730 cases including 51 patients recovered and 50 patients dead.

On Tuesday, in an address to the nation, Prime Minister Narendra Modi announced that the 21-day national lockdown has been extended till May 3.

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Agencies
July 8,2020

New Delhi, Jul 8: India has reported a spike of 22,752 COVID-19 cases in the last 24 hours, taking the country's coronavirus tally to 7,42,417 on Wednesday, informed the Union Ministry of Health and Family Welfare.

Out of the total cases reported, 4,56,830 patients have been cured/discharged from the disease while one patient has been migrated, the Health Ministry informed.

It added that there are 2,64,944 active cases in the country.

482 deaths reported in the last 24 hours due to COVID-19 in the country, taking India's death toll to 20,642.

According to the Union Health Ministry, Maharashtra continues to be the worst affected state reporting 2,17,121 coronavirus cases and 9,250 fatalities.

Tamil Nadu -- the second worst-affected state from COVID-19 -- has a total of 1,18,594 cases and 1,636 deaths due to coronavirus.

While Delhi has a total of 1,02,831 COVID-19 cases including 3,165 deaths.

The Indian Council of Medical Research on Wednesday informed that a total of 1,04,73,771 samples tested for COVID-19 up to July 7. Of these, 2,62,679 samples were tested on Tuesday.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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