Kejriwal's jail stay extended till June 6, Court chides him

May 23, 2014

New Delhi, May 23: AAP chief Arvind Kejriwal's jail stay was extended till June 6 today as he remained adamant on not furnishing bail bond in a criminal defamation case against him by BJP leader Nitin Gadkari, with a Delhi court chiding him for "legal illiteracy" and asking him to be "sensible".kejriwal police

Metropolitan Magistrate Gomati Manocha remanded the former Delhi chief minister, who was produced in a packed court room from Tihar Jail, in judicial custody till June 6 saying she cannot review her order passed on May 21.

"I will only request you (Kejriwal's lawyer) to challenge my order if you want. I have already made up my mind," the magistrate said, adding that the court was only following legal procedure and "that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do the same".

The court had on May 21 sent him to custody till today after he had refused to furnish bail bond in the case.

During the hearing, the court said that there is a lot of legal illiteracy in the country and even educated persons do not know what bail and bail bond is.

"There is a lot of legal illiteracy in the country. Even educated people do not know about legal proceedings as to what is bail and what is bond. Being in the position you (Kejriwal) were, I expect you to be sensible," the magistrate observed.

Kejriwal was earlier summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader, who had included his name in the party's list of "India's most corrupt".

During the hearing, senior advocate Shanti Bhushan, who appeared for Kejriwal, argued that in such cases where the accused has not been arrested, there was no requirement to furnish bail bond.

Senior advocate Pinki Anand, who appeared for Gadkari, told the court that criminal courts cannot review their order.

During the hearing, Kejriwal told the court he was trying to understand what his fault was and lots of politicians have filed such cases against him.

"In such cases, I have been released after I gave undertaking in courts earlier," he said.

The magistrate, however, said Kejriwal was told to give a bond only and it was a legal procedure to furnish bonds for bail.

"You (Kejriwal) have been summoned as an accused. You are not a convict. You will face trial...you cannot say that I am innocent and I will not give bond. This is a procedure," the magistrate said.

The court observed that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do it

On May 21, the court had granted bail to Kejriwal in the defamation complaint saying the offence under Section 500 of the IPC was bailable and had asked him to furnish a personal bond of Rs 10,000 and a surety of the like amount.

He, however, was taken into custody after he refused to give the bail bond saying the case was politically motivated and he does not wish to seek bail. He had said that he was ready to give an undertaking that he would appear in the court whenever required.

The court had said as Kejriwal had refused to furnish bail bond or even personal bond without surety, it was constrained to take him into custody.

The magistrate, in her order, had observed the procedure of courts cannot be "thrown to the winds" at the whims and fancies of the litigants.

"The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law.

"This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons.

"The accused in the present case cannot seek differential treatment to be let off only on an oral undertaking in violation/divergence to the settled practice/procedure regarding bail," the court had said.

The court had also said that this was not a case where the accused is unable to furnish bail bond due to financial inability and Kejriwal was just adamant to not furnish bond for his appearance before it.

The court had on February 28 summoned Kejriwal as an accused in the criminal defamation complaint observing that statements allegedly made by the AAP leader have the effect of "harming the reputation" of the complainant.

AAP leaders have contended that submission of bail bond will be an "admission of guilt" and that Kejriwal had taken a principled stand. But the Congress and BJP had termed it as a political stunt.

Aam Aadmi Party leader Yogendra Yadav, who was taken into custody for violating prohibitory orders imposed around Tihar Jail when he was protesting Kejriwal's arrest, was released on bail yesterday after he furnished a personal bond of Rs 5,000.

The court had noted that Kejriwal stated that he shall prefer to go to jail than seek bail or furnish bail bonds.

Kejriwal had told the court that in all cases the procedure should be simplified and the accused should be let off on an oral undertaking.

Gadkari had said that on January 31 this year, Kejriwal had issued a list of alleged "India's most corrupt" in which he had named various politicians, including him.

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News Network
May 11,2020

New Delhi, May 11: Shares of Indian Railway Catering And Tourism Corporation (IRCTC) jumped 5 per cent in early trade on Monday after the Indian Railways said it will gradually resume passenger train services from May 12.

The company's shares gained 5 per cent to Rs 1,302.85 -- its highest trading permissible limit for the day -- on the BSE. At the National Stock Exchange (NSE), it rose 5 per cent to Rs 1,303.55 -- its upper circuit limit.

Booking for reservation in these trains will start at 4pm on May 11 and will be available only on the IRCTC website.

The Indian Railways will gradually resume passenger train services from May 12 and will ask passengers to arrive at the station at least an hour before departure, the national transporter said on Sunday.

Initially, the all air-conditioned services will begin on 15 Rajdhani routes and the fare would be equivalent to that of the super-fast train, it said.

The special trains will run from New Delhi to Dibrugarh, Agartala, Howrah, Patna, Bilaspur, Ranchi, Bhubaneswar, Secunderabad, Bengaluru, Chennai, Thiruvananthapuram, Madgaon, Mumbai Central, Ahmedabad and Jammu Tawi.

All passenger services were suspended due to a lockdown announced on March 25 and the railways later started the on-demand Shramik Specials to ferry migrants stranded across the country. It, however, has been running freight and parcel services.

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News Network
March 29,2020

New Delhi, Mar 29: The Centre on Sunday asked state governments and Union Territory administrations to effectively seal state and district borders to stop movements of migrant workers during lockdown, officials said.

During a video conference with Chief Secretaries and DGPs, Cabinet Secretary Rajiv Gauba and Union Home Secretary Ajay Bhalla asked them to ensure that there is no movement of people across cities or on highways as the lockdown continues.

"There has been movement of migrant workers in some parts of the country. Directions were issued that district and state borders should be effectively sealed," a government official said.

States were directed to ensure there is no movement of people across cities or on highways.

Only movement of goods should be allowed.

District Magistrates and SPs should be made personally responsible for implementation of these directions, the official said.

Adequate arrangements for food and shelter of poor and needy people including migrant labourers be made at the place of their work, the official said.

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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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