Govt to appeal against HC order declaring CBI unconstitutional

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

Kashmir, Mar 3: Four days after the National Investigation Agency made a major breakthrough in the Pulwama terror attack case over a year after the bombing, arresting one person who had sheltered the suicide bomber Adil Ahmad Dar, the NIA on Tuesday arrested two more people in the case - a father-daughter duo - who had also provided shelter to the bomber, officials said.

The NIA also claimed that the video of the suicide bomber was also recorded at their residence and released by the Jaish-e-Mohammad (JeM) terror group from Pakistan after the attack. An NIA spokesperson in Delhi said: "Two more persons have been arrested by the agency in the Pulwama terror attack case and they have been identified as Insha Jan, 23, and her father Tariq Ahmed Shah, 50, who works as a tipper driver."

The official said that the father-daughter duo have been arrested from Hakripora area in Pulwama for their involvement in the attack. The two were arrested on early Tuesday morning after senior officials of the NIA raided their house on Monday night.

A senior NIA official related to the probe told IANS: "The video of Dar, who attacked the CRPF convoy, was recorded at the home of the duo. And the same video was released soon after the Pulwama terror attack by the JeM terrorists from a Pakistani IP address."

He said, "The video was shared by them to their handlers in Pakistan."

The spokesperson further claimed that during the probe Tariq Ahmed Shah disclosed that his house in Hakripora area was used by Dar, Mohammad Umar Farooq, a Pakistani terrorist and IED maker, Kamran - another Pakistani terrorist (both were later killed in encounters with security forces), Sameer Ahmed Dar, a Jaish-e-Mohammad terrorist from Pulwama and Mohammad Ismail aka Ibrahim, a Pakistani terrorist.

The spokesperson said that Shah facilitated all the terrorists at his house for sheltering and for planning of the heinous attack on the CRPF convoy. He said Jan, daughter of Shah, facilitated the terrorists at their home and provided food and other logistics during their stay on more than 15 occasions for two to four days each time, in their house during the year 2018-2019.

"Initial interrogation has revealed that Jan was in constant touch with Farooq and was in communication with him over telephone and other social media applications," the spokesperson said. The fresh arrests of the two accused brings the total number of arrests in the case to three.

The arrests were made on the revelations of Shakir Bashir Magrey, who was arrested by the anti-terror probe agency on February 28. According to senior NIA officials, more arrests will be made in the coming days. Magrey, a resident of Hajibal, Kakapora in Pulwama district of Jammu & Kashmir, is an overground worker (OGW) of the Pakistan-based Jaish-e-Mohammad (JeM).

According to agency sources, Magrey allegedly provided shelter and other logistical assistance to the Pulwama suicide bomber. He was sent to 15 days' NIA custody by a special NIA court in Jammu & Kashmir on Friday. During interrogation, Magrey revealed that he had harboured Dar and Pakistan-based terrorist Mohammad Umar Farooq in his house from late 2018 till the attack in February 2019 and assisted them in the preparation of the Improvised Explosive Device (IED). His shop is located near Lethpora bridge, and as advised by Mohammad Umar, he started conducting reconnaissance of the movement of CRPF convoys on Jammu-Srinagar Highway in January 2019, and informed Mohammad Umar and Adil Ahmad Dar about it.

Magrey was also involved in modifying the Maruti Eeco car and fitting the IED into it in early February, 2019 and was introduced to Adil Ahmad Dar in mid-2018 by Mohammad Umar and he became a full-time OGW of JeM.

"During his initial interrogation, he disclosed that on several occasions, he collected and delivered arms, ammunition, cash and explosive material to JeM terrorists, including those involved in the Pulwama attack," the agency had said on February 28.

"During investigation, the make, model and number of the car used in the attack was quickly ascertained by NIA to be a Maruti Eeco through forensic examination of the tiny remnants of the car which were found at the spot during extended searches," the agency stated.

"This has been corroborated by accused Shakir Bashir Magrey. The explosives used in the attack were determined to be ammonium nitrate, nitro-glycerin and RDX, through forensic investigation," it said.

New Delhi, May 25: The pending class 10 and 12 board exams will be conducted by CBSE at 15,000 centres across the country instead of 3,000 centres planned earlier, Union HRD Minister Ramesh Pokhriyal 'Nishank' announced on Monday.

The exams, which were postponed due to a nationwide lockdown imposed on March 25 to contain the spread of COVID-19, will now be held from July 1 to 15.

"The class 10, 12 exams will now be conducted at over 15,000 exam centres across India. Earlier, CBSE was slated to hold exams at only 3,000 centres," Nishank said.

The decision has been taken to ensure social distancing at exam centres and minimise travel for students.

The HRD ministry has already announced that students will appear for exams at schools in which they are enrolled rather than external examination centres.

According to home ministry guidelines, there will be no exam centre in COVID-19 containment zones and states will be responsible for making transport arrangements for students to reach their respective centres.

Usually, board examinations are held at designated test centres to ensure minimum bias from schools and enable independent external invigilators to monitor the examination process.

While Class 12 exams will be conducted across the country, the Class 10 exams are only pending in North East Delhi, where they could not be held due to the law-and-order situation in the wake of protests against the amended citizenship act.

The CBSE class 10 and 12 board exam evaluation is being carried out from home.

The HRD ministry had earmarked 3,000 evaluation centres from where answer sheets would be distributed to teachers at their homes for evaluation and then collected.

Universities and schools across the country have been closed since March 16 when the Centre announced a countrywide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

Later, a 21-day nationwide lockdown was announced on March 24, which came into effect the next day. It has now been extended till May 31. The board was not able to conduct class 10 and 12 exams on eight examination days due to the coronavirus outbreak.

Due to the law-and-order situation in North East Delhi, CBSE was not able to conduct exams on four examination days, while a very small number of students from and around this district were not able to appear in exams on six days.

The board had last month announced that it will only conduct pending exams in 29 subjects which are crucial for promotion and admission to higher educational institutions.

The modalities of assessment for the subjects for which exams are not being conducted will be announced soon by the board.

The schedule has been decided in order to ensure that the board exams are completed before competitive examinations such as engineering entrance JEE-Mains, which is scheduled from July 18-23 and medical entrance exam NEET that will be held on July 26.