Nirbhaya convicts lawyer trying to defeat speed of law: Prosecution

Agencies
January 25, 2020

New Delhi, Jan 25: The Patiala House court on Saturday started hearing a plea filed by the Nirbhaya convicts that alleged that the Tihar Jail administration have "not presented the papers on time".

The Public Prosecutor informed the court that Tihar Jail authorities have already supplied the relevant documents. He further informed that these are mere delaying tactics adopted by the convicts.

Advocate A.P. Singh, lawyer for three of the four death row convicts in the Nirbhaya gang-rape case had moved an application before the court seeking directions to the Tihar Jail authorities to supply him the relevant documents in order to exercise the remaining legal remedies available with the death row convicts -- Vinay Pawan and Akshay.

The Public Prosecutor also told the court that he spoke to the jail authorities over the phone and a report in this regard will be filed shortly as the jail officials were on their way to the court.

The judge demanded from the convicts lawyer to show what he has filed.

The convicts lawyer, A.P. Singh, said that he received some documents, but has still not been supplied with the personal diary of one of the convict -- Vinay Kumar Sharma and also the medical documents.

Judge then asked the lawyer to wait for until the report arrives form the Tihar Jail.

On this, the convicts lawyer said he was not questioning the intention of the jail. "I know the jail has been changed. It isn't there fault, too," he said.

The Public Prosecutor refuted the allegation saying that the defence counsel was trying to defeat the speed of law.

"We have supplied all the documents to the counsel. We have supplied all the documents except the painting and some other documents. We have nothing apart from that," public prosecutor said.

Singh, in his plea filed before the Patiala House Court sought urgent orders of the court in order to file a mercy petition of Vinay Sharma and in relation to requests for documents for convicts Vinay Sharma, Pawan Kumar Gupta and Akshay Kumar Singh.

He further said that the convicts undertook several steps to obtain relevant information necessary for filing the mercy petitions. In regular interval, the convicts requested the concerned authority to supply documents pertaining to their medical records from 2012 to 2015 and 2019-2020, records of cellular confinement, records of the amount earned in prison through labour, records of educational and reformative activities like Tihar Olympics and Painting, etc.

The Supreme court had recently dismissed the curative petition for the other two convicts -- Vinay Kumar Sharma (26) and Mukesh Singh (32).

The court had recently issued death warrant against the convicts and fixed 6 a.m. on February 1 as the date and time of execution of the death penalty.

The 23-year-old victim in the case was brutally gang raped and tortured on December 16, 2012, which later led to her death. All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and subsequently upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

A Juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a three-year term.

Hearing in a different case, Chief Justice of India S.A. Bobde on Thursday said a condemned person cannot fight the death penalty endlessly and it was important for the capital punishment to reach its finality.

The death penalty, he noted, cannot be questioned at every turn by the convict.

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Agencies
July 11,2020

Citing the current dismal aviation scenario, Air India is terminating the services of trainee cabin crew and cabin crew by withdrawing the offer of employment of those who were under training.

As per sources, the new crew and trainee pilots might reduce contracts from five years to one year. Sources said Air India is terminating 1,200 crew and employees who are more than 55-yr-old including 190 trainee pilots.

In a letter reviewed by IANS, Air India has informed an applicant who had been selected as cabin crew in August 2019 subject to successful completion of training.

"On behalf of Air India we would like to thank you for the interest shown by you in joining our organization. However, in view of the current aviation scenario, it would not be possible for Air India to impart any further training to you for engaging your services," the company said.

"In view of the above reasons, which are beyond the control of the company, it has been decided to discontinue your training arrangements and dispense with the offer of engagement with immediate effect. The bank guarantee furnished by you at the time of joining is returned herewith," Air India told the cabin crew.

"Once again on behalf of Air India we thank you for your cooperation and trust that you will appreciate the circumstances under which we are constrained to discontinue the training arrangements," the carrier said.

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Agencies
June 18,2020

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

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Agencies
June 8,2020

Washington DC, Jun 8: Astronomers acting on a hunch have likely resolved a mystery about young, still-forming stars and regions rich in organic molecules closely surrounding some of them.

They used the National Science Foundation's Karl G Jansky Very Large Array (VLA) to reveal one such region that previously had eluded detection and that revelation answered a longstanding question.

The regions around the young protostars contain complex organic molecules which can further combine into prebiotic molecules that are the first steps on the road to life.

The regions, dubbed "hot corinos" by astronomers, are typically about the size of our solar system and are much warmer than their surroundings, though still quite cold by terrestrial standards.

The first hot corino was discovered in 2003 and only about a dozen have been found so far. Most of these are in binary systems, with two protostars forming simultaneously.

Astronomers have been puzzled by the fact that, in some of these binary systems, they found evidence for a hot corino around one of the protostars but not the other.

"Since the two stars are forming from the same molecular cloud and at the same time, it seemed strange that one would be surrounded by a dense region of complex organic molecules and the other wouldn't," said Cecilia Ceccarelli, of the Institute for Planetary Sciences and Astrophysics at the University of Grenoble (IPAG) in France.

The complex organic molecules were found by detecting specific radio frequencies, called spectral lines, emitted by the molecules. Those characteristic radio frequencies serve as "fingerprints" to identify the chemicals.

The astronomers noted that all the chemicals found in hot corinos had been found by detecting these "fingerprints" at radio frequencies corresponding to wavelengths of only a few millimetres.

"We know that dust blocks those wavelengths, so we decided to look for evidence of these chemicals at longer wavelengths that can easily pass through dust," said Claire Chandler of the National Radio Astronomy Observatory, and principal investigator on the project.

"It struck us that dust might be what was preventing us from detecting the molecules in one of the twin protostars," added Chandler.

The astronomers used the VLA to observe a pair of protostars called IRAS 4A, in a star-forming region about 1,000 light-years from Earth. They observed the pair at wavelengths of centimetres.

At those wavelengths, they sought radio emissions from methanol, CH3OH (wood alcohol, not for drinking). This was a pair in which one protostar clearly had a hot corino and the other did not, as seen using the much shorter wavelengths.

The result confirmed their hunch. "With the VLA, both protostars showed strong evidence of methanol surrounding them. This means that both protostars have hot corinos. The reason we did not see the one at shorter wavelengths was because of dust," said Marta de Simone, a graduate student at IPAG who led the data analysis for this object.

The astronomers cautioned that while both hot corinos now are known to contain methanol, there still may be some chemical differences between them. That, they said, can be settled by looking for other molecules at wavelengths not obscured by dust.

"This result tells us that using centimetre radio wavelengths is necessary to properly study hot corinos," Claudio Codella of Arcetri Astrophysical Observatory in Florence, Italy, said.

"In the future, planned new telescopes such as the next-generation VLA and SKA, will be very important to understanding these objects," added Codella.

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