Anti-Sikh riots: SC upholds life sentence of four

April 10, 2013

New Delhi, Apr 10: The Supreme Court has upheld the life sentence awarded to four persons for burning two men to death during 1984 anti-Sikh riots.

A bench of justices P Sathasivam and M Y Eqbal turned down the plea of the convicts that they could not be held guilty of murder as the body was not recovered by the Delhi police and there was delay in lodging FIR in the case.sikh

"It is well-settled that discovery of dead body of the victim has never been considered as the only mode of proving the corpus delicti (evidence) in murder.

"In fact, there are many cases of such nature like the present one where the discovery of dead body is impossible, specially when members of a particular community were murdered in such a violent mob attack on Sikh community in different places and offenders tried to remove the dead bodies and also looted articles," it said.

The bench upheld the Delhi High Court's order convicting and sentencing Delhi residents Lal Bahadur, Surender P Singh, Ram Lal and Virender Singh to life imprisonment. The High Court had on August 27, 2008 set aside the trial court's order which had acquitted all the four.

"It is clear that the High Court re-appreciated the evidence of the witnesses in detail and meticulously examined the facts and circumstances of the case in its right perspective and recorded a finding that the prosecution has proved the case against the appellants," the bench said.

The bench also observed that mere variation in statements of a witnesses could not be a ground to discard their testimony as had been done by the trial court in the case.

"It is indeed necessary to note that one hardly comes across a witness whose evidence does not contain some exaggeration or embellishment — sometimes there could even be a deliberate attempt to offer embellishment and sometimes in their over-anxiety they may give a slightly exaggerated account.

"The court can sift the chaff from the grain and find out the truth from the testimony of the witnesses. Total repulsion of the evidence is unnecessary. The evidence is to be considered from the point of view of trustworthiness," the bench said.

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March 13,2020

New Delhi, Mar 13: Delhi's Tis Hazari Court on Friday sentenced expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar and six others to 10 years imprisonment for the death of Unnao rape survivor's father. Sengar is already serving life imprisonment for raping the minor.

While sentencing them, District Judge Dharmesh Sharma said, "There can be no denying that rule of law was broken. Sengar was a public functionary and had to maintain the rule of law. The way the crime has been committed, it does not call for leniency."

Sengar and his brother Atul has been directed to give 10 lakh compensation to family of the victim for loss of their father. "There are four minor children involved, three girls and one boy. They have also been uprooted from native place," the judge said.

Seven people, including Sengar, his brother and two police personnel, were held guilty for culpable homicide and criminal conspiracy, earlier this month.

The case pertains to the death of rape survivor's father in custody on April 9, 2018. It was alleged that he was assaulted following a quarrel with some of the accused in the case.

He was taken to the police station and then framed for allegedly possessing an illegal firearm. Pursuant to this, he was sent to custodial remand, during which he died.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the Supreme Court's directions in August last year. Both the death and illegal firearm case was later clubbed by the court.

During the arguments on sentencing on March 12, Sengar had told the court that he should be "hanged and acid poured into his eyes if he has done anything wrong".

The former MLA had also raped the daughter of the deceased in 2017 in Uttar Pradesh's Unnao district and was sent to jail for "remainder of his natural biological life", last year.

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April 28,2020

Kochi, Apr 28: The Central government on Tuesday told Kerala High Court that the Kerala government will have to take up with other states the matter pertaining to bringing back COVID-19 affected Malayali nurses.

A Division Bench of Justice PV Asha and Justice V Shircy asked the Kerala government to examine if there is any solution that may be considered and orally noted the suggestion that perhaps a video-conference may be conducted between the states on the matter.

The matter was posted for further hearing on April 30.

Counsel for the Central government said that the "Centre has issued guidelines for the protection of health workers. But in this specific case, state governments have assured that nurses are being given proper treatment."
"The plea is on apprehensions that they are not being treated well in the other states.

Centre could help if there is any necessary requirement thereafter," the Centre's counsel said.

Advocate Abraham Vakkanal, appearing for the state government, said that state chief secretary has written to Union cabinet secretary to relax travel restrictions amid COVID-19 lockdown to bring back the nurses.

Vakkanal said that the state has sought permission and is waiting for approval and will take further actions if permission is received on the matter.

Advocate Anupama Subramaniam, appearing for the petitioner, said that 68 Malayali nurses in other states have reached out to inform that they are not being given treatment and that facilities for food and shelter are also not readily available for them.

Kerala High Court had earlier asked the Centre and the state government to file their reply on the plea.

The court was hearing a petition seeking to bring COVID-19 affected Malayali nurses back to Kerala from other States considering their "poor health and working conditions".

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March 27,2020

New Delhi, Mar 27: The Delhi government has arranged to serve lunch and dinner to the needy in 325 schools in Delhi, chief minister Arvind Kejriwal said on Friday amid reports of people going hungry without access to food during the ongoing nationwide lockdown.

From Saturday, arrangements will be put in place to feed about four lakh people daily at different centres across Delhi, he said addressing the media. "We have made arrangements to provide lunch and dinner in 325 schools. Around 500 people will be provided with food in all these schools. So far we were providing food to 20,000 people daily, the number will now increase to around 2,00,000 from today."

He also said that "from tomorrow, we'll be providing food to 4,00,000 people daily. We're distributing the centres across Delhi."

Stating that the total number of confirmed positive COVID-19 cases in Delhi is now 39, Kejriwal said "We are ready to face any challenge.".

"There are a total of 39 coronavirus positive cases in Delhi as of today, of which 29 cases are of those who had come from outside and were kept in quarantine and 10 of these were cases of local transmission," said Kejriwal at a press conference.

The Chief Minister said that a team of 5 doctors has been set up to look into the preparedness needed to deal with an increase in the number of positive cases for coronavirus in future.

He said, "The team of doctors under the chairmanship of Dr Shiv Kumar Sarin, the head of Institute of Liver and Biliary Sciences, presented a detailed report on March 26 on the preparedness needed to deal with a situation if the number of positive cases for coronavirus increases."

"The report has categorized three situations - if the number of positive cases increases to 100 per day, 500 per day and 1000 per day," he said while adding that the doctors have clearly stated what preparedness should be taken for each situation including the number of ventilators, isolation beds, doctors and nurses required.

He also cited concerns raised by chief ministers of several states including Jharkhand's Hemant Soren and West Bengal's Mamata Banerjee.

Kejriwal said "we consider all those living in Delhi as Delhiites and everyone will be taken care of."
The number of cases tested positive for coronavirus rose to 724 on Friday, according to the Ministry of Health and Family Welfare. 

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