Sohrabuddin case: SC rejects plea against clean chit to Shah

August 1, 2016

New Delhi, Aug 1: The Supreme Court today rejected a petition challenging the discharge of BJP President Amit Shah in Sohrabuddin Sheikh fake encounter case.amit-Shah AFP

"Rejected," a bench comprising Justices S A Bobde and Ashok Bhushan said after nearly a half-an-hour hearing on the plea filed by former bureaucrat and social activist Harsh Mander.

Mander had challenged the Bombay High Court order which had upheld the discharge of the BJP President by the trial court in the case.

The bench, while giving relief to Shah, said, "When the person is genuinely aggrieved then the issue takes a different colour but when the person is not remotely connected and wants to revive the case then its a different matter".

Senior advocate Kapil Sibal, appearing for Mander, said, "Public must get the feeling that nobody is above the law".

To this, the court said it does not consider anyone "above the law".

Sibal said, "CBI has filed the charge sheet but I am unable to understand why did they turn turtle. Even his (Sohrabuddin) brother who filed the case against Shah withdrew his case later."

He said that it is a high profile case which was transferred from Gujarat to Maharashtra and added that justice to the people of India should be done.

At the outset, the bench questioned the locus standi of Mander in the case.
Sibal cited some earlier judgments of the apex court and said any member of society can have a locus in the case.

He said that the high court should not have dismissed Mander's application and could have taken suo motu cognizance of the issue.

He said, "CBI has filed a charge sheet and had made Shah accused number 16. It is a case of murder."

Senior advocate Harish Salve, appearing for Shah, cited various judgments of the apex court and questioned the locus of Mander in the case.

He said, "This court has already held that if one is not connected with the case, he cannot interfere with anyone's trial."

Salve further said, "It cannot be a case that if State is not going to file an appeal, I will file the appeal."

He also said this court has held that a third party cannot be allowed to interfere in the trial unless it is an aggrieved party.

In the petition, Mander had sought quashing of the December 30, 2014 order of a Mumbai sessions court giving clean chit to Shah in the case.

The petitioner had questioned the findings of sessions court which was endorsed by the high court exonerating Shah in the Tulsiram Prajapati killing case, holding that there existed "no case" against him and that he had been implicated for "political reasons".

Mander had approached the high court against the sessions court order which was dismissed by the Bombay High Court in March this year.

Sohrabuddin, a gangster was killed by Gujarat police along with his wife Kausar Bi in 2005.

Tulsiram, an aide of the gangster and an eyewitness to the encounter, was also killed allegedly by the police in 2006.

Comments

True commentator
 - 
Monday, 1 Aug 2016

The real supreme court and the chief Justice is our creator the God.
the case, file is still open and will be finalized only by the God.

This worldly judgment can be wrong or right, but there will be always fair and no human errors.

If it is wrong, he will suffer. Sometimes the oppressor will face the destiny here.

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News Network
March 26,2020

Srinagar, Mar 25: A 65-year-old man hailing from Hyderpora area of the city died on Thursday, becoming the first fatality in Jammu and Kashmir due to coronavirus.
"As we share the sad news of our first #Covid19 fatality, my heart goes out to the family of the deceased. We stand with you and share your grief," Mayor of Srinagar Junaid Azim Mattu tweeted.
Government spokesperson Rohit Kansal also confirmed the death via Twitter.
"First death due to Coronavirus- 65 years old Male from Hyderpora Srinagar. Four of his contacts also tested positive yesterday," Kansal said.
Four people had tested positive for coronavirus in J-K on Wednesday, taking the total number of cases to 11.
Authorities in Kashmir have expressed apprehensions that the cases could be more than reported in the Valley as a significant number of people appeared to have concealed their travel history.
As per a government bulletin on Wednesday in Jammu and Kashmir, as many as 5,124 travellers and people who came in contact with suspected and positive cases have been put under surveillance.

Among them 3,061 are in home quarantine (including facilities operated by the government), 80 in hospital quarantine and 1,477 in home surveillance.
Restrictions on movement imposed in Kashmir to prevent the spread of coronavirus were tightened on Wednesday.

 

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Agencies
June 15,2020

New Delhi, Jun 15: Average temperature of India experienced a rise of 0.7 degree Celsius, along with decline in rainfall, significant increase in frequency of very severe cyclonic storms and droughts in over a decade due to human activities, the Ministry of Earth Sciences in its research report said.

The contentions were made in a report issued by the ministry on the impact of climate change. It will be published by Union Minister Harsh Vardhan on June 19.

According to the report, "Since the middle of the twentieth century, India witnessed rise in temperature; decrease in monsoon; rise in extreme temperature and rainfall, droughts, and sea levels; and increase intensity of severe cyclones.

The report, prepared by researchers of the Centre for Climate Change Research, a cell under The Ministry's Indian Institute of Tropical Meteorology, Pune, further stated that there is compelling scientific evidence that human activities have influenced these changes in regional climate.

India's average temperature has risen by around 0.7 degrees Celsius during 1901-2018, it said, adding that the rise is largely on account of GHG-induced warming and partially offset by forcing due to anthropogenic aerosols.

It states that the average temperature over India is projected to rise by 4.4 degrees Celsius, while the intensity of heat waves is likely to increase by 3-4 times by the end of the century.

In the 30-year period between 1986 and 2015, temperatures of the warmest day and the coldest night of the year have risen by about 0.63 degrees Celsius and 0.4 degree Celsius.

According to the report, by the end of the century, the temperatures of the warmest day and the coldest night are projected to rise by approximately 4.7 degrees Celsius and 5.5 degrees Celsius, respectively.

Alarmingly, sea surface temperature of the tropical Indian Ocean has also risen by one degrees Celsius on average during 1951-2015.

"The frequency of very severe cyclonic storms during the post-monsoon season has increased significantly (+1 event per decade) during the last two decades (2000-2018)," it added.

This came in the backdrop of Cyclone 'Amphan' and 'Nisarga' which made landfalls on May 20 and June 3 and killed several people, flattened villages, and destroyed farms.

"This is the first-ever climate change assessment report for India. This report will be very useful for policy makers, researchers, social scientists, economists, and students," said M. Rajeevan, secretary, the Ministry of Earth Sciences.

Besides this, the report also highlighted various other unnerving data on climate change in the country. Both the frequency and extent of droughts have increased significantly during 1951-2016.

The overall decrease of seasonal "summer monsoon rainfall" during the last 6-7 decades has led to an increased propensity for droughts over India.

"In particular, areas over central India, southwest coast, southern peninsula and north-eastern India have experienced more than 2 droughts per decade, on average, during this period. The area affected by drought has also increased by 1.3 per cent per decade over the same period."

The Hindu Kush Himalayas (HKH) also experienced a temperature rise of about 1.3 degree Celsius during 1951-2014.

Several areas of the Himalayas have experienced a declining trend in snowfall and also retreat of glaciers in recent decades. By the end of the twenty-first century, its annual mean surface temperature is projected to increase by about 5.2 degree Celsius.

The summer monsoon precipitation from June to September over India has also declined by around 6 per cent from 1951 to 2015, with notable decreases over the Indo-Gangetic Plains and the Western Ghats, the report further states.

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Agencies
May 6,2020

New Delhi, May 6: The Central Board of Indirect Taxes and Customs (CBIC) has extended the validity of electronic way (E-way) bills, whose expiry date fell between March 20 and April 15, till May 31.

"Notification No. 40/2020-Central Tax issued to extend the validity of e-way bills till May 31 for all those e-way bills which were generated on or before March 24, 2020 and had expiry between the period from March 20 to April 15, 2020," the CBIC tweeted on Tuesday.

E-way bill is produced by transporters and businessmen before a Goods and Services Tax (GST) inspector for moving goods worth over Rs 50,000 from one state to another.

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