Nanavati dodging documents, alleges Sanjiv Bhatt

[email protected] (The Hindu)
October 21, 2012

sanjeev

Ahmedabad, October 21: Gujarat cadre IPS officer Sanjiv Bhatt has complained that the G.T. Nanavati- Akshay Mehta judicial inquiry commission, probing the 2002 train carnage and post-Godhra communal riots, is creating “impediments” in his bid to inspect some official documents.

(Mr. Bhatt had alleged complicity on the part of Chief Minister Narendra Modi in the State-wide riots.)

“Disappointed ”

Mr. Bhatt, who has been given time till October 27 by the Gujarat High Court to complete inspection of all 47 documents he listed in his earlier affidavit and to file his final affidavit within a month, has returned disappointed as the commission had not yet “indexed” the documents and submitted them for his perusal.

Moreover, Justice Nanavati informed Mr. Bhatt that he would be allowed to inspect only those documents which had not been marked by the commission “confidential or secret.”

‘Matter of discretion’

“No body can claim, as a matter of right, either under the Commissions of Inquiry Act or the rules framed thereunder, inspection of the documents which have come on record of the commission. Inspection of records of the commission is a matter of procedure and therefore, a matter of discretion of the commission,” he said in a note handed over to the IPS officer through the commission secretary.

The note said the High Court had it left to the commission’s judgement to decide the “relevancy or otherwise” of the documents listed by Mr. Bhatt.

He, however, contested this claim and alleged that the commission had “deliberately chosen to misinterpret” the court order.

In a letter to the commission on Saturday, Mr. Bhatt quoted the relevant paragraphs of the judgment to point out that the Division Bench headed by Chief Justice Bhaskar Bhattacharya, in its order earlier this week, had given a clear instruction that the commission produce all documents he had listed.

The order also pointed out that the Gujarat government had denied that any of the official documents listed by him, including the most crucial records of the State Intelligence Bureau then, had been “destroyed” and that these had already been placed before the commission or would be submitted within a week.

Mr. Bhatt said: “It is very apparent from the wording of the note that you have singly chosen to deliberately misinterpret the judgment and order of the High Court.”

Request

He requested the commission to “comply” with its directions and remove “all impediments being created by the state with tacit blessings of the commission” and facilitate his timely filling of the affidavit.

Mr. Bhatt approached the High Court after the commission had turned down his request to issue a direction to the government to produce the documents which, the IPS officer had claimed, would enable him to authenticate his final affidavit before the commission.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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News Network
April 28,2020

New Delhi, Apr 28: With 1,594 new cases of COVID-19 reported in the last 24 hours and 51 deaths, India's total count of coronavirus cases surged to 29,974, said the Union Ministry of Health and Family Welfare on Tuesday.

The total cases are inclusive of 7,026 cured and discharged patients, one migrated and 937 deaths.

At present, there are 22,010 active COVID-19 cases in the country.

Addressing a press conference here, Lav Agarwal, Joint Secretary, Union Health and Family Welfare Ministry, said that in the last 28 days, 17 districts have had no new Covid-19 cases. "This means we need to maintain constant vigil," he added.

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News Network
April 8,2020

New Delhi, Apr 8: The death toll due to the novel coronavirus rose to 149 and the number of cases to 5,194 in the country on Wednesday, according to the Union Health Ministry.

While the number of active COVID-19 cases is 4,643, as many as 401 people were cured and discharged and one had migrated, it said.

The total number of cases include 70 foreign nationals.

According to the ministry's data updated at 9 a.m., 25 new deaths have been reported since Tuesday.

Sixteen deaths were reported from Maharashtra, two each from Delhi, West Bengal, Haryana and Tamil Nadu and one from Andhra Pradesh.

Maharashtra has reported the most coronavirus deaths at 64, followed by Gujarat  and Madhya Pradesh at 13 each and Delhi at 9.

Telengana, Punjab and Tamil Nadu have reported seven fatalities each.

West Bengal has registered five deaths, Karnataka and Andhra Pradesh have reported four each, Uttar Pradesh, Haryana and Rajasthan have recorded three deaths each.

Two deaths each have been reported from Jammu and Kashmir and Kerala.

Bihar, Himachal Pradesh and Odisha reported one fatality each, according to the health ministry data.

However, a PTI tally of figures reported by various states as on Tuesday 9.45 p.m. showed 5,192 testing positive across the country and at least 162 deaths.

There has been a lag in the Union Health Ministry figures, compared to the numbers announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

The highest number of confirmed cases in the country are from Maharashtra at 1018, followed by Tamil Nadu at 690 and Delhi with 576 cases.

Telengana has reported 364 COVID-19 cases followed by Kerala at 336.

Rajasthan has 328 cases, Uttar Pradesh has 326 and Andhra Pradesh reported 305 coronavirus cases.

Novel coronavirus cases have risen to 229 in Madhya Pradesh, 175 in Karnataka and 165 in Gujarat.

Haryana has 147 cases, Jammu and Kashmir has 116, West Bengal has 99 and Punjab has 91 positive patients so far. Odisha has reported 42 coronavirus cases.

Thirty- eight people were infected with the virus in Bihar while Uttarakhand has 31 patients and Assam 27.

Chandigarh  and Himachal Pradesh have 18 cases each while Ladakh has 14 positive patients so far.

Ten cases each have been reported from the Andaman and Nicobar Islands and Chhattisgarh. 

Goa has reported seven COVID-19 infections, followed by Puducherry at five cases. Jharkhand has reported four cases and Manipur two. 

Tripura, Mizoram and Arunachal Pradesh have reported one case each.

"State-wise distribution is subject to further verification and reconciliation," the ministry said on its website.

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