Supreme Court agrees to hear Tejpal's bail plea

April 21, 2014

New Delhi, Apr 21: The Supreme Court on Monday agreed to hear the bail plea of Tehelka founder Tarun Tejpal, who has been charged with allegedly raping a junior female colleague in Goa last year, and issued a notice to the Goa Police.tejpal

A bench headed by Chief Justice P Sathasivam asked the state police to file its reply within four weeks on why Tejpal should not be given bail.

The 50-year-old Tehelka founder approached the apex court challenging the March 14 verdict of the Goa bench of the Bombay high court, which had rejected his bail plea, on April 10 seeking bail on the ground that "the trial will take considerable time to conclude".

His bail application was rejected by Bombay HC on the ground that main witnesses in the case were yet to be examined.

During the brief argument, senior advocate Harish Salve, appearing for Tejpal, pleaded for interim bail and said the apex court can impose the condition on him not to leave Goa and come to Delhi during the pendency of the trial, which would be acceptable to him.

Tejpal has been chargesheeted for allegedly raping, sexually harassing and outraging the modesty of a junior colleague during an event held at a hotel in Goa in November last year. Tejpal was arrested on November 30, 2013.

He has been accused of sexually assaulting the victim on November 7 and repeating the offence the next day.

Tejpal had said in his bail petition the trial is likely to take a considerably long time as there are 152 witnesses cited by the prosecution. He also said there are contradictions in the prosecution's case, which prima facie show his innocence.

Tejpal contended he was not required for any further probe and if refused bail he would be unable to prepare his defence and exercise his right to a fair trial.

He also pleaded that his mother was critically ill. Tejpal's mother is suffering from cancer and he has previously been allowed to visit her once in the hospital and once at their home.

The Goa Police had filed a charge sheet against Tejpal on February 17, 2014 and in terms of Section 309 of Criminal Procedure Code, the trial, as far as possible, has to be completed within a period of two months from the date of filing of the charge sheet.

Tejpal has also been chargesheeted under sections 354, 354-A (sexual harassment), 341 and 342 (wrongful restrain), 376 (rape), 376(2)(f) (being a person in a position of trust or authority towards the woman and rapes her) and 376 (2)(k) (being in a position of control or dominance over a woman and rapes her) of the Indian Penal Code.

The Goa Police has claimed in the chargesheet that there was sufficient evidence available in the form of documents and statements on record to show that Tejpal had been evading police after commission of the alleged crime.

Tejpal is currently in judicial custody and lodged at Sada sub-jail in Goa's Vasco town.

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News Network
April 11,2020

New Delhi, Apr 11: Congress leader Rahul Gandhi on hailed accredited social health activists, auxiliary nurse and midwives and anganwadi workers for their role in the fight against the coronavirus pandemic, saying they are "true patriots" who toil to keep communities safe in the midst of this grave crisis.

In an environment where fear and misinformation pose a bigger danger than the virus itself, community workers have a key role to play in educating people about the dangers of COVID-19 and the manner in which it is transmitted, Gandhi said.

In a message for Accredited Social Health Activists (ASHA), Auxiliary Nurse and Midwives (ANMs) and Anganwadi Workers, he said they are working with dedication and courage, putting their lives at risk, on the frontlines of the battle against the COVID-19 pandemic.

"The greatest form of patriotism is to serve our country in her hour of need. Our community workers are true patriots, our unsung heroes, who toil tirelessly away from the limelight, to keep our communities safe in the midst of this grave crisis," the former Congress chief said.

"As a nation, we owe them and their families a huge debt of gratitude for the tremendous personal sacrifices each of them is making. I hope that when this crisis is over their exemplary service will serve as a catalyst for deep-rooted change in their conditions of work," he said.

Gandhi said he salutes each and every community worker for their service to the nation and prays that they and their families will remain safe during this pandemic.

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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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January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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