Temple rape: Lawyer braves threats, says it’s a fight for her daughter too

News Network
April 15, 2018

Jammu, Apr 15: Deepika Singh Rajawat, an advocate in Jammu, who faced the wrath of Hindutva politics after taking up the case of temple gang-rape, says that her fight is not just for the 8-year-old child who was raped but for all children including her daughter.

“That is my daughter. She is five years old and her name is Ashtami. I am fighting this case also for her,” says Rajawat showing the framed photograph of a chubby, smiling girl on the desk in a small room of her house in Jammu.

Within days after Rajawat took up the case of the 8-year-old Bakarwal girl who was drugged and gang-raped for a week in a temple and murdered in January, she began getting threats to stay away. Many from the Bar took to the streets — some brandishing sticks — and shouted slogans against the state government, asking that the case be transferred from the J&K police’s crime branch to the CBI.

Not one to be cowed into silence, she went on Facebook a day after the incident on April 5 and wrote: “The president of the Jammu High Court Bar Association mistreated me. He used unparliamentary language and threatened me not to appear in cases during a strike by the lawyers.”

Showing the copy of a letter she received from the Jammu & Kashmir HC on Saturday that asks the in-charge of the security wing of the court to provide her protection during her appearances, she said, “But when I confronted the senior advocate and told him that I can fight any case I want, I was told there are ways to stop me. But this letter from the high court gives me strength even though there is a corner in my heart that is a little afraid. These are powerful people.”

Rajawat had earlier also filed a complaint on the issue with the Chief Justice of J&K HC and Chief Justice of the Supreme Court. She said she was not safe and she had no idea how long the protests by the lawyers’ body would go on.

The case, in the Kootah court right now as Rasana comes under its jurisdiction, saw a dramatic turn when recently lawyers tried to stop the chargesheet, which narrates in detail the crime against the Bakarwal girl, from being forwarded.

Asked if she is confident she will win as the crime branch, which is probing the rape-murder, has lost precious forensic evidence (the girl’s body was allegedly bathed and her clothes washed soon after she was found), she said, “It’s really messed up. The first few days after the crime was detected, some dreadful things happened. The local police station did not file an FIR. That happened only after 2-3 days. On January 17, her body was found. Then the ‘clean-up’ began. It was being hushed up. The policeman who did this is one of the eight accused.”

Rajawat, who said seriousness in the “pursuit for justice” came only after the HC intervened, asked why she should support seeking a CBI probe. “Does the CBI have a spotless record? I can rattle off cases that have been botched. I am happy with what the crime branch is doing. Though there have been setbacks, we have covered some ground. There are repairs being made. Just that the case now has to be transferred to some other part of the state. That is our only hope.”

Comments

angel of death
 - 
Monday, 16 Apr 2018

Great lady, i really appricate for your courage.. today is 8 year old muslim child tomorrow may be all indian child... so wake up all coward hindus... your religion has been hijaked by so called chutiya ram bakth & dickless desh bakth...before they come to your house asking for your daughter wake up... 

fabeen
 - 
Sunday, 15 Apr 2018

Please stand with this brave women lawer...we salute you sister....

A Father
 - 
Sunday, 15 Apr 2018

Dear Advocate, 

 

I salute you for the cause you are fighting.

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News Network
March 19,2020

Attari, Mar 19: At least 29 Indians, who had gone to Dubai to watch a cricket match which was called off later, on Wednesday night returned to India through the land transit route of Attari-Wagah border here.

Earlier, when they entered India after being cleared by the Pakistan Immigration Authority, they were detained at Attari border, as they were not having requisite permission on their passport to return to India through Pakistan.

According to officials, they had earlier flown to Dubai from New Delhi to watch a Pakistan League Cricket match there.

The match, however, was aborted and they decided to return India via Pakistan. They took a flight to Pakistan and after landing there, they took land route to reach Attari-Wagah border.

All were cleared by Indian immigration authority after being allowed by the Union Ministry of Home Affairs.

Amritsar Civil Surgeon Dr Prabdeep Kaur Johal said that by 9.30 PM all the Indian nationals were not handed over to the medical team for checkup.

She said if anyone of them are found with any symptoms of the virus, they would be admitted to Amritsar Government Hospital or else they would be allowed to continue their journey to Delhi or elsewhere.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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News Network
January 17,2020

Mumbai, Jan 17: A 68-year-old convict of the 1993 Mumbai serial blasts case, Jalees Ansari, went missing on Thursday morning while being on parole, officials said.

Ansari, a resident of Mominpura in Agripada here who is serving a life term, is suspected to be involved in many bomb blast cases across the country, an official said.

He was on parole for 21 days from the Ajmer Central Prison, Rajasthan, and was expected to surrender before prison authorities on Friday, he said.

During the parole period, he was ordered to visit the Agripada Police Station everyday between 10.30 am and 12 pm to mark his attendance, he said.

However, Ansari did not visit the police station on Thursday during the designated time, the official said.

In the afternoon, his 35-year-old son Jaid Ansari approached the police station with a complaint about his “missing” father, he said.

According to the complaint, Jalees Ansari woke up in the early hoursand told family members he is going to offer namaz, but did not return home.

On his complaint, the Agripada Police registered a missing case, he said.

The Crime Branch of the Mumbai Police and the Maharashtra ATS have launched a massive manhunt to trace him, he said.

Jalees, who is known as Doctor Bomb, was allegedly connected with terror outfits like SIMI and Indian Mujahidin and taught terror groups how to make bombs, he said.

He was also questioned by the NIA in 2011 in connection with the 2008 bomb blast in Mumbai, he said.

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