Supreme Court to hear Centre's plea after violent Dalit protests

News Network
April 3, 2018

New Delhi, Apr 3: The Supreme Court on Tuesday said that it will hear the Centre's plea for the recall of its judgement holding that arrest on a complaint under the SC/ST (Prevention of Atrocities) Act was not mandatory.

Directing the listing of the matter at 2pm, before a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, Chief Justice Dipak Misra said the hearing will be in open court.

Lok Sabha adjourned till noon

The Lok Sabha was disrupted once again today amid protests, with Speaker Sumitra Mahajan adjourning the House till noon within minutes of meeting.

As soon as the House met, AIADMK members started protesting near the Speaker's podium, demanding the setting up of the Cauvery Management Board.

Members of opposition parties were seen standing on their seats.

Speaker Mahajan tried to run the Question Hour, but as protests continued, she adjourned the House.

9 dead, thousands arrested as protests turn violent

Nine persons were killed and dozens injured as Dalit protests during a day-long nation-wide shutdown on Monday turned violent in India amid anger against a Supreme Court order that dilutes a law aimed at preventing atrocities against Dalits and Tribes.

The government, in a bid to pacify the agitated activists, said it had filed a petition in the apex court seeking a review of its March 20 order that bars automatic arrest and registration of cases for alleged harassment of Dalits and others. But the top court denied an urgent hearing of the matter.

Protesters clashed with police in Gujarat, Madhya Pradesh, Rajasthan, Punjab, Uttar Pradesh, Uttarakhand, Jharkhand, Bihar and Odisha -- states where normal life was paralysed in varying degrees amid incidences of violence and arson.

The central government rushed 800 anti-riot policemen to violence-hit Uttar Pradesh and Madhya Pradesh.

A Home Ministry official in Delhi said two companies of Rapid Action Force (RAF) were sent to Meerut and one company each to Agra and Hapur in Uttar Pradesh.

Clashes turned deadly in Madhya Pradesh where six persons were killed and dozens injured, forcing officials to impose curfew in Morena, Gwalior and Bhind districts. Protests were also held Bhopal as agitators blocked roads in the state capital.

Madhya Pradesh Chief Minister Shivraj Singh Chouhan made a passionate appeal for peace.

 Police said two were killed in Bhind and one in Morena while three died in Gwalior. The dead in Morena was identified as Rahul Pathak, a student leader.

Gwalior District Magistrate Rahul Jain said that at least 65 persons have been injured in violence, including policemen, and the condition of a few injured is said to be serious.

"Three people have been conformed dead in Gwalior," he said.

A man identified as Pawan Kumar was killed in Rajasthan's Alwar as violence was also reported from other parts of the state including Jaipur, Ajmer. Jaisalmer, Barmer, Jodhpur and Udaipur.

Punjab and Haryana also saw widespread protests.

Shops, educational institutions and other establishments remained closed and Class 10 and 12 examinations were deferred in Punjab, which has the highest concentration of Scheduled Castes, constituting nearly 32 per cent its 2.8 crore population.

Hundreds of protesters carrying swords, sticks, baseball bats and flags forced shopkeepers and other establishments in Jalandhar, Amritsar and Bathinda too shut down.

Protests also took place in Rohtak and other towns of neighbouring Haryana.

In Bihar, activists disrupted rail and road traffic. Mobs shut down markets and shops as well as educational institutions, police said.

Supporters of the Bhim Army and other Dalit outfits halted over three dozen long-distance and local trains, stranding thousands of passengers.

Violence was reported from Vaishali, Muzaffarpur, Nawada, Patna and Bhagalpur when protestors clashed with police.

One person was killed and over 100 were injured as violence also erupted in parts of Uttar Pradesh as protesters attacked shops, looted some and pelted stones at police in Hapur, Agra, Meerut, Saharanpur and Prime Minister Narendra Modi's Lok Sabha constituency Varanasi.

Maximum violence in the state was reported from western Uttar Pradesh, where the protesters took to the streets and went on rampage. Two persons were critically injured in police firing in Muzaffaranagar, one of whom later succumbed.

More than 450 people, including a former Bahujan Samaj Party (BSP) legislator, have been arrested.

Many cars were targeted and their window panes smashed. At some places, government property was targeted.

Some people reportedly fired at a police team in Meerut while a passenger bus was set on fire.

Also in Meerut, over 500 Dalit youths targeted the media and broke their cameras as they were trying to photograph the protests.

 Gujarat's major towns and cities also saw protests by Dalits amid reports of vandalism from Ahmedabad and Jamnagar.

Amid widespread anger and violence, the Modi government filed a review petition in the Supreme Court to seek recall of its judgment that ruled that there would be no automatic arrest of an accused following a complaint moved under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The Supreme Court had held on March 20 that police will hold an inquiry to ascertain the veracity of the complaint filed under the act before acting on it.

Union Law Minister Ravi Shankar Prasad said the government "with due respect, does not agree with the reasoning given by the apex court".

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News Network
January 11,2020

New Delhi, Jan 11: Islamic preacher Zakir Naik has revealed that the Bharatiya Janata Party-led government offered to drop false money-laundering charges against him and provide with a "safe passage to India" in return for his support to the government's move to revoke Article 370 of the Constitution.

In a statement issued by Naik's PR team on Saturday, the Islamic preacher said that he was approached by a representative of the Indian government in September, who offered him the said deal on Kashmir, which he refused.

"Three and a half months before, the Indian officials approached me for a private meeting with a representative of the Indian government. When he came to Putrajaya (a Malaysian city), in the fourth week of September 2019, to meet me, he said that he is coming after personally meeting and under the direct instructions of the Prime Minister of India Narendra Modi and the Home Minister of India Amit Shah," Naik said in a video statement released by his Mumbai-based PR team.

Naik, who has been living in Malaysia for the last three years, is facing charges of inciting communal disharmony and committing unlawful activities in India.

"(The representative) said that he wanted to remove the misconceptions and miscommunications between myself (Naik) and the Indian government, and wants to provide me a safe passage to India," he added. "He (the representative) said that he would like to use my connections to better the relationship between India and the other Muslim countries."

"The meeting lasted for several hours. He told me that he wanted me to support the BJP government when they revoked Article 370 in Kashmir. And I flatly refused," he added.

Naik said that after he refused the offer, he was further asked to not make public statements against the BJP or Prime Minister Narendra Modi.

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News Network
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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News Network
March 2,2020

New Delhi, Mar 2: The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case.

A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.

Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan.

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