Nirbhaya case: SC declines DCW appeal for urgent hearing to stop juvenile from walking free

December 20, 2015

New Delhi, Dec 20: The juvenile offender of the horrific December 16 gangrape case is all set to walk free on Sunday as the Supreme Court refused the dramatic post-midnight move of the Delhi Commission for Women (DCW) to stay his release by giving an urgent hearing.

Nirbhaya caseA vacation bench comprising Justices AK Goel and UU Lalit in their order pronounced at 2 am, posted the matter for hearing on Monday.

However, DCW chairperson Swati Maliwal and the lawyers of the women's panel hoped that since the matter has become sub judice, the government and Delhi Police will not release the juvenile offender.

"The matter has been posted for hearing on Monday as item number 3. The matter has now become sub judice. I hope that government and the Delhi Police will wait for one day and not release him," Maliwal told reporters outside the residence of Justice Goel.

The Special Leave Petition filed by DCW against the order of the Delhi High Court, which refused to restrain the release of the convict, was referred by the Chief Justice of India TS Thakur before the vacation bench.

Lawyers associated with the case, including senior advocate Guru Krishna Kumar and Devdutt Kamath, had rushed to Justice Goel's residence at around 1.30 am after Maliwal was told by the Registrar that the matter has been assigned to the vacation bench.

"CJI had refferred matter to Vacation Bench. Registrar General taken our case to Judge. On our way dere. Appeal for case to be heard tonight," Maliwal had tweeted earlier. The grounds which has been taken in the appeal against the High Court order says that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.

Advocate Kamath said that there are intelligence reports that even during his stay in the provision home, the convict was unremorseful of his action and he has been further radicalised. So at this stage, it cannot be said that he is not a threat to the society.

The SLP has also stated that though the High Court was of the view that there was a need for mental assessment of the convict, there was no direction that before his release the authorities should go for a health and mental assessment of the offender.

Further, it is submitted in the petition that there is also likely to be threat to his own life as reports are appearing that there is anger and tension between two groups in his own village. "Therefore it is also in his own interest and for the protection of his life that he should not be dumped and left unprotected," it said.

In the petition, Kamath said there are other legal points raised to challenge the High Court order. Guru Krishna Kumar is to appear for DCW in the case. The High Court had yesterday refused to restrain the convict's release citing that there is no legal provision for the action.

Maliwal reached the Chief Justice of India's residence around midnight and later arrived at the Registrar's office in the apex court premises. A day before his scheduled release, the juvenile convict was moved out of Delhi today even as distraught parents of the victim were detained today after they held a protest against allowing him to walk free.

The convict, who is now 20 years old and was known to be the most brutal of the attackers, has been taken to an undisclosed location from a correction home in North Delhi amid concerns that there was a threat to his life.

Sources said the juvenile has been kept under observation of an NGO under the protection of Delhi Police. The parents of the gangrape victim, along with 40 Delhi University and Jawaharlal Nehru University(JNU) students, were detained by the police as they staged a protest against the release of the juvenile convict. The police action was condemned by Delhi Chief Minister Arvind Kejriwal.

"I am shocked to learn that Nirbhaya's parents have been detained. They shud immediately be released. Police action against Nirbhaya's parents is unacceptable. I have asked Chief Secretary to talk to Police Commissioner and get them released," Kejriwal tweeted.

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Keiko Derico
 - 
Thursday, 7 Apr 2016

Thoughtful commentary , For what it's worth , you are looking for a PA PUB 12 , my business partner saw a blank form here

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News Network
February 18,2020

Ayodhya, Feb 18: A senior Supreme Court lawyer has written to the Ram temple trust on behalf of a group of Muslims in Ayodhya, asking that five acres of land around the demolished Babri Masjid where a graveyard is situated be spared for the sake of 'sanatan dharma'.

The letter, written by advocate M R Shamshad, is addressed to all 10 trustees of Shri Ram Janmabhoomi Teertha Kshetra.

Shamshad said according to Muslims, there is a graveyard known as 'Ganj Shahidan' around the demolished Babri Masjid where 75 Muslims who lost their lives in the 1885 riots in Ayodhya were buried.

"There is a mention of this in Faizabad Gazetteer also," he said.

"The central government has not considered the issue not using the grave-yard of Muslims for constructing the grand temple of Lord Ram. It has violated 'dharma'," the letter stated.

"In view of religious scriptures of 'sanatan dharma', you need to consider whether the temple of Lord Ram can have foundation on the graves of Muslims? This is a decision that the management of the trust has to take," it said.

"With all humility and respect to Lord Ram, I request you, not to use the land of about four to five acres in which the graves of Muslims are there around the demolished mosque," the letter added.

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News Network
July 20,2020

New Delhi, July 20: India's retail trade has suffered a business loss of about Rs 15.5 lakh crore in past 100 days due to the COVID-19 lockdown, traders' body CAIT said on Sunday. 

In a statement, the Confederation of All India Traders (CAIT) said traders across the country are depressed because of minimal of the consumers, considerable absence of employees, facing financial crunch and yet have to meet several financial obligations.

"No support policy from the central or state governments is yet another crucial factor which is haunting the traders," CAIT claimed. 

CAIT Secretary General Praveen Khandelwal said the domestic trade is passing through its worst period in the current century which reflects that if immediate steps are not taken about 20 per cent of the shops in India will have to close down their shutters.

The traders’ body has also urged the government to award a substantial package to traders to ensure their survival. Their demands include: Relaxation in payment of taxes, extension in repayment of bank loans and EMIs without any further interest or penalty as well as measures that would provide money directly in the hands of the traders.

In April, the losses stood at about Rs. 5 lakh crore whereas in May it was estimated to be about Rs. 4.5 lakh crore, followed by Rs. 4 lakh crore in June. Losses stood at about 2.5 lakh crore in the first fortnight of July offering a grim snapshot of the effect of the pandemic on consumer spending. 

“Even as the lockdown was relaxed, store footfall was only 10 per cent. Most of these traders do not have deep pockets to sustain this severe economic catastrophe and on the other hand have several financial obligations to meet. At this crucial time, handholding of these traders is all the more much required,” Khandelwal said.

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Agencies
January 24,2020

New Delhi, Jan 24: The government's plan to sell national carrier Air India may face political and legal headwinds with senior BJP leader Subramanian Swamy raising the red flag against the decision.

Days before the launch of bidding process by inviting Expressions of Interest (EoI) from potential suitors, Swamy has warned against such move, saying the issue was currently being discussed by a Parliamentary panel.

"Right now, it (Air India disinvestment) is before the consultative committee and I am a member of that. I have been asked to give a note which will be discussed in the next meeting. They can't go ahead without that," Swamy told media.

"If they do, I will go to court. They know that too," he cautioned.

A vocal opponent of Air India privatisation, Swamy had earlier suggested to list 49 per cent of Air India shares on stock exchanges while government holds 51 per cent in the carrier, as an alternative to selling its entire stake to private companies.

It has been reliably learnt that the Rajya Sabha member had expressed reservations over privatisation of Air India at the meeting of a Parliamentary consultative committee earlier this month.

After its failed first attempt, the Modi government has shown great zeal this time to sell Air India. It is set to offer a sweetened deal to potential buyers this time around by removing a large chunk of the debt and liabilities from the airline’s books.

Aviation Minister Hardeep Singh Puri had earlier said that Air India will be shut down, in case the disinvestment exercise is not successful.

Sources told media that the preliminary information memorandum (PIM) inviting EoI has been tentatively scheduled to be unveiled on January 27.

Air India is proposed to be sold along with its subsidiary Air India Express and ground-handling joint venture company Air India Singapore Airport Terminal Services Ltd (AISATS) in which it has 50 per cent stake.

Air India on January 10 came out with a tender for engaging aircraft asset management companies for carrying out technical audit of its entire fleet.

A Ministerial panel on Air India chaired by Home Minister Amit Shah on January 7 approved the draft EoI and a share purchase agreement (SPA) for the airline's disinvestment.

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