Supreme Court verdict on death sentence commutation patently illegal: Centre

March 1, 2014
New Delhi, Mar 1: The Centre today moved the Supreme Court seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner.

The Centre submitted that the January 21 judgement, by which 15 condemned prisoners were granted life and paved the way for similar relief for Rajiv Gandhi killers, is "patently illegal, suffers from errors apparent".Rajiv_Gandhi

It said such an important issue should have been heard by a Constitution bench and the judgement passed by a three-judge bench was without "jurisdiction".

"It is respectfully submitted that the impugned judgement is patently illegal, suffers from errors apparent on the face of the record and flies in the face of well-established principles of law laid down by this Court and contained in the Constitution and other statutes," the review petition said.

"It is submitted that in the present case, the issue raised was that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.

"Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution," it said.

Referring to an earlier apex court order in which it was said that nature of crime to be considered while commuting death sentence of a convict, the government said previous verdict "observed that there is a distinction between offences such as TADA and other offences".

"Thus, there is an error apparent on the face of the record, and the impugned judgement merits a review," it said.

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Agencies
June 5,2020

Malappuram, Jun 5: A lawyer has filed a complaint with Superintendent of Police, Malappuram against BJP leader Maneka Gandhi and others for allegedly indulging in a hate campaign against Malappuram district and its residents.

Advocate Subhash Chandran, who hails from Malappuram, on Thursday filed a complaint seeking registration of FIR against former Union Minister Maneka Gandhi and others for allegedly indulging in a hate campaign against Malappuram and the residents of the district.

The complainant alleged that the campaign against the district was very derogatory and with a malafide intent.

The complaint stated that the unfortunate death of an elephant in Mannarkkad, Palakkad District dominated social media conversations in the last two days but a group of people deliberately added communal colour into it only to spread hatred against Malappuram, which is a Muslim majority district in Kerala.

It also stated that the elephant in question died on May 29, 2020, in Palakkad not in Malappuram as claimed by a section in social media users. Prominent news outlets operating from the South also reported that the elephant died after consuming explosive-laden pineapple in Palakkad.

The complaint also named political commentator, Tarek Fatah, for allegedly starting a hate campaign against the district and the minority community.

It alleged that Union Minister Maneka Gandhi made false and frivolous allegations against the district of Malappuram and its residents.

Chandran, through the complaint, prayed to the district police chief to register an FIR against Maneka Gandhi and others under Section 153A, 120B etc. of Indian Penal Code.

An elephant had died after she ate the pineapple stuffed with crackers and forest officials said that it died standing in river Velliyar after it suffered an injury in its lower jaw.

The elephant was seen standing in the river with her mouth and trunk in the water for some relief from the pain after the explosive-filled fruit exploded in her mouth.

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News Network
July 18,2020

Jaipur, Jul 18: BJP leader Laxmikant Bhardwaj filed a complaint against Congress leaders including Randeep Surjewala and Govind Singh Dotasra for associating Union Minister Gajendra Singh Shekhawat's name with an alleged audio clip related to "conspiring to topple" the elected government led by Chief Minister Ashok Gehlot in Rajasthan.

"Mahesh Joshi, Randeep Surjewala, and other accused have regularly been giving false and inflammatory statements against the BJP to criminally damage its reputation so that the blame for the current sorry state of affairs of the Congress can be pinned on the BJP. With the ill-intention of damaging the BJP''s reputation, a conspiracy was formed at the Chief Minister''s residence situated at 8 Civil lines," read the letter written by BJP Rajasthan spokesperson Bhardwaj to the Station Officer of Ashok Nagar police station read.

"From there (CM's residence) imitation of (voices) of people were falsely told to be of that of reputed leaders from the BJP and a fake phone conversation was created through which the false narrative of crores of rupees being offered to buy off Congress MLAs was created. The accused involved in this conspiracy have severely misused their position and power and the whole crime has been conducted by one named Lokesh Sharma, who calls himself an OSD of the Chief Minister," the letter further stated.

The complaint letter also said that Lokesh Sharma had "released three audio tapes to media workers on July 16, 2020, somewhere around 8:25 pm through WhatsApp so that the defamatory material can be circulated on a large scale to fulfill the criminal intent."

Mr Bhardwaj said that a news report in the Jaipur edition of a Hindi newspaper, published on July 17, 2020, had conveyed that the audiotape was released by Mr Sharma.

He further said that Congress leaders Randeep Surjewala, Govind Singh Dotasra, in a press conference held on Friday read out the conversation in the audio tapes publically and "using them as a basis accused the BJP of throttling democracy, sabotaging the mandate, and toppling the government."

Through this conspiracy, Mr Bhardwaj said that hateful and insulting comments are being made on the BJP and its supporters, and "on the basis of this the Special Operation Group (SOG) has filed fake lawsuits under Section 124A of the Indian Penal Code and is also threatening BJP leaders of arrest."

The BJP leader has urged the police officer to file a complaint against Mr Sharma, Mr Surjewala, Mr Dotasra, and others involved in the alleged conspiracy and take necessary action and recover the equipment used by them.

On June 17, Congress spokesperson Randeep Surjewala had accused Union Cabinet Minister Gajendra Singh Shekhawat and Congress legislator Bhanwarlal Sharma of conspiring to topple the elected government led by Chief Minister Ashok Gehlot in Rajasthan and subvert the voters' mandate.

"Yesterday, shocking tapes were aired by the media in which Union Minister Gajendra Singh Shekhawat, BJP leader Sanjay Jain and Congress MLA Bhanwar Lal Sharma spoke about bribing MLAs and bringing down Rajasthan government. Congress has suspended MLAs Bhanwar Lal Sharma and Vishvendra Singh from the primary membership of the party. The party has also issued show-cause notices to them," Mr Surjewala had said.

"We demand Rajasthan government and Special Operations Group (SOG) to register FIR and arrest the culprits as plenty of evidence has surfaced now," he had further stated.

Mr Surjewala had read out a transcript of an audio of alleged horse-trading between rebel MLAs and BJP, stating, "BJP has breached the trust of people. The audio clip reveals a horse-trading deal. This is a dark chapter in the history of democracy."

"This time the Narendra Modi government has challenged the wrong state," the Congress leader had said. He had alleged that the BJP has been "conspiring to topple Rajasthan government and buy legislators' allegiance."

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News Network
May 15,2020

New Delhi, May 15: With an increase of 3,967 COVID-19 cases in the last 24 hours, India's tally of coronavirus cases reached 81,970 cases, according to the Union Ministry of Health and Family Welfare on Friday.

According to the latest figures, 51,401 patients are active coronavirus cases while 27,919 patients have been cured/discharged and one patient has been migrated.

With a rise in 100 deaths due to COVID-19 in the last 24 hours, the number of deaths now stands at 2,649.

According to the Health Ministry, Maharashtra is the worst-hit state with regard to the number of COVID-19 cases with 27,524 cases of which, 6,059 patients have been cured/discharged and 1,019 succumbing to the virus.

Tamil Nadu has a tally of 9,674 cases inclusive of 2,240 patients cured/discharged and 66 fatalities.

Gujarat has a total of 9,591 cases which include 3,753 patients cured/discharged while 586 have lost their lives due to coronavirus.

Delhi has a tally of 8,470 cases of which 3,045 patients cured/discharged and 115 fatalities.

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