Is this some kind of joke: SC on trial through WhatsApp

Agencies
September 9, 2018

New Delhi, Sept 9: Have you ever heard of a trial in a criminal case being conducted through instant messaging app WhatsApp?

Bizzare but true.

This peculiar case has reached the Supreme Court, which was left wondering as to how this kind of a "joke" was allowed to happen in a court of law in India.

The case, involving a former minister of Jharkhand and his MLA wife, saw the lower court judge in Hazaribagh putting these accused on trial by pronouncing the order framing charges against them through a 'WhatsApp' call.

Former Jharkhand minister Yogendra Sao and his wife Nirmala Devi, who are accused in a rioting case of 2016, were granted bail last year by the top court which had imposed a condition that they shall stay in Bhopal and not enter Jharkhand except for attending the court proceedings.

Both the accused have now told the apex court that the trial judge had on April 19 this year framed charges against them through a 'WhatsApp' call despite they raising objections to it.

A bench comprising Justices S A Bobde and L N Rao took serious note of the submissions and said, "What is happening in Jharkhand. This process cannot be allowed, and we cannot allow administration of justice to be brought into disrepute".

"We are here on the way of trial being conducted through WhatsApp. This can not be done. What kind of a trial is this? Is this a kind of joke?" the bench asked the counsel appearing for Jharkhand.

The bench issued a notice to Jharkhand on the plea by both the accused, who have sought transfer of their cases from Hazaribagh to New Delhi, and asked the state to respond to it within two weeks.

Jharkhand's counsel told the top court that Sao has been violating the bail condition and had been out of Bhopal most of the time due to which proceedings in the case were delayed.

To this, the bench observed, "That is a different thing. If you have a problem with violation of bail conditions by the accused, you can file a separate application seeking cancellation of bail. We make it clear that we have no sympathy with those who have violated bail condition."

Senior advocate Vivek Tankha, appearing for the couple, said that the accused were granted bail on December 15, 2017 by the apex court in the case and they were directed to stay in Bhopal in Madhya Pradesh as a bail condition.

"The trial was directed to be conducted through video conferencing from district court in Bhopal and district court in Hazaribagh, Jharkhand," he said.

Tankha said that video conferencing connectivity was most of the times "very low" in Bhopal and Hazaribagh district courts and the April 19 order was pronounced by the trial judge through 'WhatsApp' call.

The bench asked Tankha as to how many cases were pending against both the accused.

Tankha said that 21 cases were pending against Sao, while nine cases were pending against his wife.

"They are both politicians and have led various protests against land acquisition done by the National Thermal Power Corporation (NTPC) in Jharkhand and most of these cases relate to those agitations," he said.

Tankha said that since both them were lawmakers at the time of filing of these cases, the trial in these matters should be transferred to the special court in Delhi which is exclusively dealing with cases involving politicians.

Both Devi and Sao were accused in the case relating to violent clashes between villagers and police in 2016 in which four persons were killed. Sao had become a minister in the Hemant Soren government in August 2013.

According to police, Devi had led an agitation against NTPC authorities for their alleged attempt to forcefully evacuate villagers from Barkagaon without giving them due compensation or rehabilitation.

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Agencies
February 16,2020

Lucknow, Feb 16: Resident doctors at the AMU's Jawaharlal Nehru Hospital on Sunday demanded that the charges slapped against Dr Kafeel Khan under the National Security Act be withdrawn.

Dr Khan was arrested by the UP Special Task Force from Mumbai on January 29 in connection with a speech he had delivered during an anti-CAA protest at Aligarh Muslim University on December 12.

The Resident Doctors' Association (RDA) held a protest march on the hospital campus against the slapping of the NSA against the Gorakhpur doctor after he was granted bail in connection with the alleged hate speech.

RDA president Dr Hamza Malik said the move was a "blatant attempt to crush dissent and a violation of the Constitution of india".

He said by targeting the doctor, the UP government had done a great disservice to the entire medical community.

The AMU Students' Coordination Committee also described the decision to charge Dr Kafeel under the NSA a "direct assault" on a member of the medical fraternity who is "known for his upright behaviour and a champion of free speech".

Committee spokesperson and former AMU Students' Union president Faizul Hasan said by charging Dr Kafeel under the NSA even after he got bail was "a direct violation of a Supreme Court ruling on such issues".

Hasan said Dr Kafeel's fate should serve as an eye-opener for the rest of the country regarding the democratic rights in Uttar Pradesh.

The doctor was earlier arrested for his alleged role in the death of over 60 children within an week at the BRD Medical College in Gorakhpur in August 2017. Short supply of oxygen at the children's ward was blamed at that time for the deaths.

About two years later, a state government probe cleared Khan of all major charges, prompting him to seek an apology from the Yogi Adityanath government.

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News Network
February 21,2020

Patna, Feb 21: The country is paying the price for failure to send Muslims to Pakistan and bring Hindus to India after the Islamic state came into being at the time of Independence, Union minister Giriraj Singh has said, triggering a fresh controversy.

The BJP leader made the remark in Purnea district in the Seemanchal region of Bihar which has a sizeable Muslim population and where the Begusarai MP was canvassing in favor of the Citizenship (Amendment) Act.

Highlighting the need for such a legislation, he told reporters late Thursday "when our forefathers were fighting for Independence from British rule, Jinnah was pushing for the creation of an Islamic state".

"Our forefathers, however, committed a mistake. Had they ensured that all our Muslim brothers were sent to Pakistan and Hindus brought here, the need for such a move (CAA) would not have arisen. This did not happen and we have paid a heavy price for it," the outspoken BJP leader said.

The CAA, which seeks to fast-track granting citizenship to non-Muslim refugees from Pakistan, Bangladesh and Afghanistan who might have fled their home countries because of religious persecution, has become a major bone of contention since it is feared that a country-wide National Register for Citizens (NRC) may follow.

The Narendra Modi government, which had formerly hinted that a country-wide NRC was on the anvil, seems to have put it on the backburner though a section of citizens across the country, especially Muslims, have been organizing protests out of fear that, if implemented, the NRC may result in a large number of people becoming stateless.

Singh has often been in the crosshairs of the opposition for placing his foot in the mouth. This time, however, his words were frowned upon even by NDA ally Lok Janshakti Party, founded by his cabinet colleague Ram Vilas Paswan and now headed by his son Chirag Paswan.

The young LJP chief, who kicked off a state-wide "Bihar First-Bihari First" yatra here Friday morning, to project the NDAs progressive face ahead of the assembly polls due later this year, expressed strong disapproval of Singh's utterance and noted the coalition had to suffer in the Delhi polls because of "divisive" remarks by BJP leaders.

"We are an NDA constituent but many times our coalition partners say things which the LJP does not at all agree with. This one (Giriraj Singhs statement) is such an example. Had a person of my party spoken in this fashion, I would have taken responsibility and acted," Paswan said.

He said he had placed his view repeatedly on record that the coalition had to suffer on account of divisive remarks, Paswan said in apparent reference to inflammatory speeches by BJP leaders like Union minister Anurag Thakur and BJP MP Parvesh Verma, among others.

"The people of Delhi voted on the basis of performance. We wish they do so again in Bihar and real issues don't get drowned in political cacophony.

"The Nitish Kumar government has accomplished a lot, though much more needs to be achieved. We wish to reach out to people with our vision for the future, said Paswan, before he embarked on the yatra on a customized bus decorated like a chariot in front of which he offered prayers and smashed a coconut.

Meanwhile, Giriraj Singh who loves to wear his Hindu nationalism on the sleeves was busy joining issue with Asaduddin Owaisi's AIMIM which has been under attack for controversial remarks by its leader Waris Pathan.

Sharing video of an old speech by Owaisis brother Akbaruddin which had landed him in jail, besides Pathan's recent remark, Singh asked the opposition RJD-Congress combine in Bihar and the "tukde tukde gang" whether they wanted to "convert India into Pakistan".

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News Network
July 20,2020

New Delhi, Jul 20: India's COVID-19 case tally crossed the 11 lakh mark with the highest single-day spike of 40,425 new cases and 681 deaths reported in the last 24 hours, informed the Union Health and Family Welfare Ministry on Monday.

Total cases in the country now stand at 11,18,043 while the death toll is 27,497.
The Health Ministry said the total number of cases includes 3,90,459 active cases and 7,00,087 patients have been cured/discharged/migrated.

Maharashtra remains the worst affected state with 3,10,455 cases reported until Sunday.
Meanwhile, as per the information provided by the Indian Council of Medical Research (ICMR), 1,40,47,908 samples have been tested for COVID-19 till July 19, of these 2,56,039 samples were tested yesterday.

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