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
April 3,2020

New Delhi, April 3: With 478 cases reported in the last 24 hours, the highest spike so far, India's tally of positive coronavirus cases on Friday rose to 2,547 including 162 cured/discharged and 62 deaths, as per the latest data of the Ministry of Health and Family Welfare.

As many as 647 positive coronavirus cases have been reported so far from across 14 States whose linkage can be traced to the Tablighi Jamaat cluster at Nizamuddin, the Centre said on Friday.

"A total of 647 cases of positive coronavirus cases have been reported from across 14 States whose linkage can be traced to the Tablighi Jamaat cluster at Nizamuddin," Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said.

"The cases can be traced in Andaman and Nicobar, Assam, Delhi, Himachal, Haryana, Jammu and Kashmir, Jharkhand, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Telangana, Uttarakhand and Uttar Pradesh," added Aggarwal.

The Tablighi Jamaat event in Delhi has emerged as a hotspot for COVID-19 after several positive cases from across India were linked to the gathering including deaths in Maharashtra, Karnataka, and Telangana.

An FIR was earlier registered against Tablighi Jamaat head Maulana Saad and others under the Epidemic Disease Act 1897, in the national capital.

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Agencies
June 25,2020

New Delhi, Jun 25: The Congress on Thursday asked Prime Minister Narendra Modi why has not India gained anything from the "strange bonhomie" which it claimed he shared with China.

Seeking to turn the tables on the ruling party, Congress spokesperson Pawan Khera said the BJP also shared bonhomie with the Communist Party of China (CPC) with several party-level exchanges taking place in the past.

He sought to know whether India's borders have become safe after these exchanges in the last many years.

The Congress leader asked what has the country gained out of these exchange delegations and why are the borders insecure despite the bonds that the two ruling parties of India and China share with each other.

"There is a strange kind of bonhomie between Narendra Modi and China, a two decade old bonhomie. Why doesn't the country get the benefit of that bonhomie," he asked at a virtual press conference.

Khera said all that the Congress will continue to question is about the political will that just does not get visible when it comes to China.

"Whatever is happening on the border today, is it despite the bonhomie which you have with China, or is it because of the bonhomie which you have with China. The country needs to know," he asked.

"We do want to ask you, if as president of the party, Rajnath Singh, Nitin Gadkari and Amit Shah have been sending delegations,  strengthening the bonds between the Communist Party of China and the BJP. What has the country gained out of these bonds? Why are the borders insecure despite these bonds that you have," he also asked.

The ruling has hit out at the Congress for signing an MoU with China's Communist Party and has questioned its "bond" with the ruling party in China.

Khera also asked what role did the India Foundation, an organisation run by National Security Adviser Ajit Doval's son has in strengthening the bonds with China.

"Why does India Foundation keep visiting these countries? Who do they meet? What's the outcome? What's the role of NSA Ajit Doval's son- Shaurya Doval? He keeps attending these meetings through India Foundation? These are important questions in the light of what is happening," he asked.

Khera said the prime minister is showing "red eyes" to those who are asking him questions instead of showing them to the enemy.

"It is time to stand with the Army and show red eyes to China," he said.

The Congress leader said questions will be asked to Modi especially when there are definitive reports, satellite images of incursions in the Ladakh region of India by the Chinese.

He alleged that China laps up the comment of Modi and uses it across the world that the Indian prime minister says that China is in its own territory and Galwan is theirs.

"After a lot of pressure, PMO contradicted what the prime minister said. This kind of a goof up is unpardonable," he alleged.

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Agencies
January 15,2020

New Delhi, Jan 15: Suspended Deputy Superintendent of J&K Police Davinder Singh had ferried Hizbul Mujahideen terrorist Naveed Babu to Jammu last year also and facilitated his return to Shopian after "rest and recuperation", officials interrogating him said here Tuesday.

"Meri mati maari gayi thi (I must have lost my mind to do what I did)," an interrogator quoted Singh as saying after the DSP failed to impress them with his theory of catching a big terrorist.

Singh was arrested last Saturday along with Naveed Babu alias Babar Azam, a resident of Nazneenpora in South Kashmir's Shopian district, and his associate Asif Ahmad.

He is believed to have taken Rs 12 lakh for smuggling the two to Chandigarh for providing them accommodation for a couple of months, officials said. The officials, who have been spending considerable time questioning Singh, said there have been many inconsistencies in his statements and everything was being crosschecked and corroborated with the confessions of captured militants who have been kept in different rooms at an interrogation centre in South Kashmir.

During questioning it emerged that Singh had taken them to Jammu in 2019 also, the officials said.

In a tone laced with sarcasm, they said the DSP was taking the militants for "rest and recuperation".

Naveed told the interrogators that they used to stay in the hilly regions to avoid the J&K police and left the areas to escape harsh winters, they said.

The official said the DSP's bank accounts and other assets were being verified by the police and papers were being collected, amid speculations that the case may be handed over to the National Investigation Agency (NIA).

Going into the service history of Singh, majority of retired and serving officials of the JKP spoken to referred to a proverb -- coming events cast their shadows long before -- to say that if action had been taken against the officer during his probation period, such things would not have happened.

Recruited in 1990 as a sub-inspector, Singh along with another probationary officer were subject of an internal enquiry where some narcotics had been seized from a truck. However, the contraband was sold by Singh and another sub-inspector, the officials recalled.

There was a move to dismiss them from the service which was stalled by an Inspector General rank officer purely on humanitarian ground and the duo was shifted to the Special Operations Group, a team of policemen engaged in counter-militancy offensive.

However, he could not last there for long and was shifted this time to the police lines only to be rehabilitated in 1997 again in the SOG.

During this period, he was posted in Budgam and is alleged to have indulged in extortion for which he was sent back to the police lines.

His proper rehabilitation began in 2015 by the then Director General of Police K Rajendra, who posted him in district headquarters of Shopian and Pulwama, the officials said.

However, after some alleged wrongdoing during his stint in Pulwama, the then Director General of Police S P Vaid transferred him in August 2018 to the sensitive Anti-Hijacking Unit in Srinagar, though the move was opposed by some other officers.

An advocate, Irfan Ahmad Mir, was driving the vehicle when they were caught by the police on National Highway in Kulgam district.

The advocate, who has also been arrested, had travelled to Pakistan five times on an Indian passport.

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