Nithari killer Koli's death sentence commuted to life by HC

January 28, 2015

Allahabad, Jan 28: The death sentence of Surender Koli, convicted in 2006 Nithari serial killings case, was today commuted to life imprisonment by the Allahabad High Court on the ground of "inordinate delay" in deciding his mercy petition.

Nithari killer Koli

A Division Bench comprising chief justice D Y Chandrachud and Justice P K S Baghel held that execution of Koli's death sentence would be "unconstitutional in view of the inordinate delay" in deciding his mercy petition.

The order came on a Public Interest Litigation filed by NGO People's Union for Democratic Rights (PUDR) which contended that the period elapsed in disposal of Koli's mercy petition was "3 years and 3 months" and, as such, execution of death sentence would be in violation of the Right to Life granted in Article 21 of the Constitution.

A petition filed later by Koli himself, challenging the death sentence on the same ground as the one stated in the PIL, has also been clubbed with it.

The death sentence was awarded to him by a special CBI court at Ghaziabad on February 13, 2009. The PIL was filed on October 31 last year, three days after the Supreme Court rejected Koli's recall application. The death warrant issued by the trial court on September 2 had fixed September 12 as the date of hanging, though its execution was stayed in view of the apex court's decision to hear the recall application. Rejection of the recall application had cleared the decks for execution of the death sentence, but it was stayed by the High Court on October 31 when it decided to hear the PIL.

After his appeal against the trial court order was turned down by High Court on September 11, 2009 while co-accused and his employer Moninder Singh Pandher was acquitted, Koli filed a petition before the Supreme Court challenging his conviction which was dismissed on February 15, 2011.

Koli, thereafter filed his mercy petition before the Governor of Uttar Pradesh on May 7, 2011, which was rejected 23 months later, on April 2, 2013. The mercy petition was thereafter forwarded to the Union Home Ministry on July 19, 2013 and it was turned down by the President on July 20, 2014.

The court had agreed to hear the PIL disagreeing with the Centre's preliminary objection that "the convict (Koli) had not filed a petition (at the time of filing of the PIL) challenging the rejection of his mercy petition". "The proceeding which has been instituted before this court is not in the nature of an appeal on merits against the order of conviction. "The petition seeks to question the constitutionality of the execution of the sentence of death in the present case, on the ground of a delay on the part of constitutional authorities in disposing of the mercy petitions," the court had said.

Pandher and his domestic help Koli were arrested on December 29, 2006, after the police recovered skeletons and other belongings of missing girls from the drain outside his house in Noida on the outskirts of the national capital. Koli had allegedly killed several girls, chopping their bodies to pieces before throwing them in the backyard and in the drain.

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News Network
March 28,2020

Amaravati, Mar 28: The state governments of Andhra Pradesh and Karnataka carried out a joint quarantine operation to help over a thousand migrant labourers from various districts of Andhra Pradesh.
The Andhra Pradesh administration received the information that 1,334 migrant labourers were trying to return to the state after obtaining passes from the Deputy Director of Fisheries in Mangalore, Karnataka.
The labourers, according to a press release by the Andhra Pradesh government, were headed towards the Nangili Toll Plaza in Kolar district, from where they would enter the state to return to their native places.
"The Chittoor Collector, Superintendent of Police and Sub-Collector rushed to the spot to coordinate with their counterparts from Kolar, Karnataka. The migrant workers were not permitted to enter AP due to the lockdown and the guidelines of the Union as well as state government," according to the release.
Instead, both the governments decided to initiate a joint quarantine operation in Kolar while taking precautionary measures to ensure that none of the labourers are carriers of the COVID-19 infection.
The Andhra government also reassured the Kolar administration that it will provide doctors, healthcare and all other facilities. It has also issued directions for logistical support, food, water, transport to take the labourers to quarantine facility, and medical team, consisting of 12 doctors, 22 supervisors and other staff, to be provided.
While the Prime Minister had imposed a nationwide lockdown, including the suspension of inter-state travel to prevent the spread of coronavirus, migrant workers and labourers around the country have started returning back to their native places fearing joblessness and cash crunch.
Andhra Pradesh as of Saturday 9:30 am, had 14 confirmed cases of coronavirus while Karnataka's count stood at 55, according to the Ministry of Health and Family Welfare.

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Agencies
July 21,2020

New Delhi, Jul 21: Air India trade unions have complained to Civil Aviation Minister Hardeep Puri that the government has now turned a blind eye to the management's ethnic cleansing at lower levels through compulsory leave without pay (LWP), redundancies and wage cuts.

In a letter to Puri, the Joint Action Forum of Air India unions said, "We are deeply ashamed to say that it seems that after praising our Air Indian Corona Warriors at grand functions, respectfully, the government has now turned a blind eye to this management's ethnic cleansing of Air Indians at the lower levels, through compulsory LWP, redundancies and wage cuts."

The Joint Action Forum of Air India unions strongly opposes this Compulsory Leave without pay scheme as it is an illegal practice and is not a voluntary scheme.

"In fact the Board resolution itself empowers the Chairman and Managing Director with extraordinary powers, which seem akin to a High Court, to pack off employees on 2 years leave (extended to 5 years) at CMD's discretion or at the arbitrary whim of the Regional heads," the trade unions said.

"This said Compulsory LWP scheme violates every labour law put in place by Parliament and orders of the Supreme Court and various other courts and seeks to dispossess the lower categories workers of their legally guaranteed rights," it added.

The trade unions have pointed out that the redundancies are at the elite management cadre level and not the workers.

"We are indeed shocked that the management of Air India could prepare and formulate a scheme for compulsorily sending workers on leave without pay, which is akin to an illegal lay-off, under the garb of a Leave Without Pay, when ironically the redundancy actually lies in the upper echelons of management and not with the humble workers of Air India, who have slogged to make our Airline the treasure it is," they complained to Puri.

"It must be noted that out of 11,000 permanent employees, our management occupies almost 25% as Executive Cadre, with little or no accountability. Solely amongst the Elite Management Cadre, we have 121 top officers ranking from DGMS, GMs, EDs to Functional Directors, most of whom are either performing duplicate job functions or are indeed redundant and not to mention the retired relics serving as consultants and also the CEOs of various subsidiary companies," they added.

Trade unions said the redundancy or compulsory leave without pay scheme if any at all, has to apply only to these Executives, more so, when they do not even have protection of labour laws or Supreme Court orders.

Strangely, the topmost corporate executive cadre and the backroom Generals, have saved themselves from the axe of wage cuts, by sacrificing a piffling of a few grand, whilst the frontline warriors of flying cabin crew, engineers, ground staff have borne the biggest brunt head on, the unions said.

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News Network
April 23,2020

New Delhi, Apr 23: The entire Muslim community cannot be held responsible for one group's "crime", Minority Affairs Minister Mukhtar Abbas Naqvi said on Thursday while reacting to instances of Muslims being blamed for the spurt in COVID-19 cases after Tablighi Jamaat congregation here, and asserted that most of the minority community members have condemned the group's action.

In an interview to news agency, Naqvi also expressed confidence that Muslims will abide by lockdown guidelines during the holy month of Ramzan.

He said across the India, imams, Ulema and Muslim organizations have unanimously decided that during Ramzan (the Islamic holy month), Muslims will not congregate in mosques, religious places and perform all rituals like 'Iftaar' (breaking of fast) and 'taraweeh' (special prayers) at home keeping in mind social distancing norms.

Naqvi said he has spoken with state waqf board officials, social and religious leaders, imams on adherence to the lockdown and social distancing guidelines during the Ramzan month starting Friday or Saturday evening and they have begun creating awareness among the people.

Asked about some people blaming Muslims for the spread of the pandemic after a large number of cases were found linked to the Tablighi Jamaat event at Nizamudddin here, Naqvi said the whole community cannot be held responsible for the "crime" of one organisation or one person.

"Whatever that organisation did, criminal negligence or crime...most Muslims have strongly reacted to it, condemned it and called for action against it. Entire community cannot be held responsible for one person or one organisation's crime," he asserted, adding that this has always been India's culture.

Last week, the Union Health Ministry had said 29.8 per cent of the total COVID-19 cases — 4,291 out of 14,378 COVID-19 infections — in the country were linked to the Tablighi Jamaat congregation in March at the group's headquarters in Delhi following which some sections of the society severely criticised Muslims, and blamed them for the spread of the pandemic in the country.

Naqvi's comments also assume significance in view of the 57-member prominent international Mulim grouping, Organisation of Islamic Cooperation (OIC), asking India to take "urgent steps" to protect the rights of its minority Muslim community and stop the incidents of "Islamophobia" in the country.

Hitting out at the OIC, the minister had said the country is "heaven for Muslims" and those trying to vitiate the atmosphere of prosperity cannot be friends of Indian Muslims.

Naqvi said those targeting Muslims are few isolated people who are trying to spread "misinformation" and "we should be united and isolate such elements".

On the COVID-19 lockdown restrictions during Ramzan, Naqvi said no Muslim wants to stay away from mosques during the holy month, but everyone has resolved to win this battle against coronavirus.

During this month, everyone should pray to God that not only India but also the entire world is freed from this COVID-19 pandemic, he said.

Asked whether Muslims have followed lockdown and social distancing guidelines till now, Naqvi said, "absolutely, the entire country is standing united in this fight against coronavirus."

"When Prime Minister Narendra Modi had appealed to people with folded hands, he had appealed to 130 crore Indians, it was not based on caste or religion. And everybody responded to his appeal and acted on it," he said.

People have faith that whatever Prime Minister Modi does is for the health and safety of the people, Naqvi said.

Asked about the role of the Opposition in the fight against COVID-19 and Congress chief Sonia Gandhi and Rahul Gandhi's suggestions, Naqvi said,"some people have criticized, but that is their habit, we don't take any offence to it."

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