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
January 25,2020

Jammu, Jan 25: People in Jammu and Kashmir expressed happiness over the restoration of mobile data services and internet access through fixed-line across the Union Territory on Saturday.

Speaking to ANI Jitendra Sharma, a resident of Jammu said, "The government has taken a good decision. People had been facing hardship for a long period and I think it will improve further."

"It is a big relief to people. People can finish their pending work. I hope that 4G services will also be resumed soon," said a resident of Kashmir.

The internet speed is restricted to 2G only.

"Access shall be limited only to whitelisted sites and not to any social media applications allowing peer to peer communication and virtual private network applications. Directions shall be effective from January 25 and will remain in force till January 31," the statement by the government read.

Earlier on January 15, 2G services were reinstated in Jammu, Samba, Kathua, and Udhampur for white-listed sites.

The Central government had suspended the internet in the region following the abrogation of Article 370 of the Constitution on August 5 last year, which conferred special status to the erstwhile state of Jammu and Kashmir, and its bifurcation into two Union Territories -- Ladakh, and Jammu and Kashmir.

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Agencies
February 4,2020

New Delhi, Feb 4: Four-month-old Mohammed Jahaan accompanied his mother almost every day to the Shaheen Bagh demonstration where he was a favourite with the protesters who would take turns to hold him and often draw the tricolour on his cheeks.

Jahaan will not be seen at Shaheen Bagh anymore. He died last week after acquiring a severe cold and congestion following exposure to the winter chill at the outdoor demonstration. His mother is, however, undeterred and determined to participate in the protests, saying it is "for the future of my children".

The infant's shattered parents, Mohammed Arif and Nazia, live in a tiny shanty put together with plastic sheets and cloth in Batla House area and have two other children -- a five-year-old daughter and a one-year-old son.

Hailing from Bareilly in UP, the couple is barely able to make ends meet. Arif is an embroidery worker and also drives an e-rickshaw. His wife helps him in his embroidery work.

"I haven't been able to earn enough in the last month despite driving the battery rickshaw in addition to my embroidery work. Now with our baby's demise, we have lost everything," he said, showing a picture of little Jahaan wearing a woolen cap that read 'I Love My India'.

A visibly disturbed Nazia said Jahaan passed away in his sleep on night of January 30 after returning from the protests.

"I had returned from Shaheen Baag at around 1 AM. After putting him and other kids to sleep, even I went to sleep. In the morning, I suddenly found him motionless. He was gone in his sleep," she said.

The couple said they took their motionless baby to the nearby Alshifa Hospital on the morning of January 31 where he was declared dead on arrival.

Nazia, who had been visiting the Shaheen Bagh demonstration everyday with Jahaan since December 18, says that he died after catching a cold that turned lethal.

She said she didn't realise that his congestion was so severe. However, the baby's death certificate issued by the hospital does not mention any specific reason for the death.

Shazia, a neighbour who was present at the couple's home, said Nazia had fought with her mother and husband to visit Shaheen Bagh everyday. Nazia would gather all women in the bylane outside her house so that they could together walk to the demonstration, around 2 km away. Sometimes, Arif would drop some of them to Shaheen Bagh on his e-rickshaw.

Nazia said she strongly feels that the CAA and NRC are against the welfare of all communities and will join the Shaheen Bagh protests, but this time without her children.

"Why was I doing this? For my children and the children of all us who need a bright future in this country," she told PTI.

"The CAA divides us on religion and should never be accepted. I don't know if there is politics involved but I know that I must question what is against the future of my children."

Arif, however, blamed the NRC and CAA for his child's death.

"Had the government not brought CAA and NRC, people would not have protested and my wife would not have joined them, my son would have been alive," he said.

Comments

Angry Indian
 - 
Tuesday, 4 Feb 2020

inna lillahi inna ilaihi rajioon...so sad

 

Modi, delhi police and Amith Shah the biggest EVIL of india is responsible for this samll soul death...

 

you have to answer one day after you die...dont think this world is permenant..

 

you will never see heaven forever...you must root in hell

 

GADDAR PM & HM

 

Jai Hind

 

 

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Agencies
February 10,2020

New Delhi, Feb 10: After an hour-long standoff between the security forces and the students on Monday, the police resorted to a lathi-charge on the protesters near Holy Family hospital which is within walking distance of Jamia Millia Islamia.

A scuffle ensued when police confronted the protesters who tried to push forward towards Parliament. The lathi-charge was made to push back the protesters.

In the melee that ensued, many from both sides fainted.

Some security forces personnel resorted to the lathi-charge while others pushed back the protesters when they threw water pouches at the security forces and abused them.

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