President Pratibha Patil goes on mercy overdrive

June 22, 2012

Prathiba_OverdriveNew Delhi, June 22: Ahead of demitting office, President Pratibha Patil has scored a new record. She has commuted the death sentence of as many as 35 convicts to life — among them are those convicted of mass murder, kidnapping, rape and killing of children.

On June 2, Patil gave her pardon to four more — Bandu Baburao Tidke from Karnataka, Buntu from Uttar Pradesh and Lalchand alias Laliya Dhoom and Shiv Lal from Rajasthan. As a swami of Sadashiva Appana Math, Bagalkot, Tidke abducted a 16-year-old schoolgirl, raped and murdered her. UP's Bantu, on death row since July 2008, was convicted of raping and killing a five-year-old girl.

In fact, almost all the convicts pardoned are guilty of the most blood-curdling crimes. Piara Singh, Sarabjit Singh, Gurdev Singh and Satnam Singh had massacred 17 of a family at a marriage function. Gopi and Mohan (Tamil Nadu) and Molai Ram and Santosh (Madhya Pradesh) had raped and murdered little girls.

The large scale of presidential pardons is seen as surprising. That is because India has not yet abolished the death penalty.

Were these pardons diluting the legal provision through the backdoor? Archana Dutta, Rashtrapati Bhavan spokesperson, said the President was well aware of constitutional provisions as she was a lawyer herself. "The President only takes a decision to commute a death sentence or reject it after she is satisfied by the advice tendered by the government. The President ensures that the government has put in certain application of mind to give mitigating and extenuating circumstances for their advice,'' she said.

Notwithstanding Dutta's assertion, the speed with which Patil has granted pardons would indicate haste. Those shown clemency have been held guilty of barbaric crimes. These appear to have met the criterion of the "rarest of the rare" crimes that attract death penalty. While Patil has shown mercy to mass killers and rapists and killers of children, she has not given the same treatment to political assassins like the killers of former Punjab chief minister Beant Singh or Rajiv Gandhi.

With the June 2 decision to grant four more pardons, the President boasts of a disposal rate of 200%. In recent times President K R Narayanan received 10 petitions and disposed of only one in his tenure. A P J Abdul Kalam inherited nine petitions with another 16 added in his term, taking the total to 25. He disposed of only two — rejecting one and pardoning the other.

Presidential pardon

Article 72 empowers President to pardon, grant reprieve or suspend, remit, commute sentence of person convicted of any offence

President guided by home minister, council of ministers

Exercise of the executive prerogative subject to judicial review

Pratibha Patil has granted clemency to 35 convicts — a record 22 of those killed by these 35 were women and children

Patil rejected 3 pleas

Afzal Guru's among pending mercy petitions

Since 1981, more than 90 have pleaded for clemency

Patil's disposal rate is about 200% unlike K R Narayanan who only disposed of one petition of the 10 he received and Kalam who had a disposal rate of 12.5%

Clemency call

APJ Abdul Kalam | Had 25 mercy petitions. Rejected plea of Dhananjoy Chatterjee, India's last recorded execution. Commuted one to life. Returned others

K R Narayanan | Sat on all pleas. Used delay as tactic. Received about 10 mercy pleas

S D Sharma | Rejected all 14 mercy petitions presented to him

Some sentences commuted

SATISH | Killed & brutalized Visakha, 6, a UP resident, in 2001

MOLAI RAM & SANTOSH YADAV | Raped and killed 10-yr-old daughter of jailor in MP prison in 1996

DHARMENDRA SINGH and NARENDRA YADAV | UP duo killed couple and their 3 minor kids in 1994

PIARA SINGH and HIS THREE SONS| From Punjab, massacred 17 of a wedding party

SHOBHIT CHAMAR | Of Bihar. Jailed for killing 6 of an upper caste landlord's family, including 2 kids

R GOVINDSWAMY | From Kerala, sentenced for murder of his paternal uncle, aunt, their three children over a land dispute

SHYAM MANOHAR, SHEO RAM, PRAKASH, RAVINDER SURESH and HARISH | Killed five, including a 10-yr-old boy, over a property dispute

OM PRAKASH | From Uttarakhand, murdered retired brigadier and two family members

SUSHIL MURMU | Sacrificed a 9-yr-old boy in Jharkhand for his own prosperity

MOHAN and GOPI | From TN, kidnapped 10-yr-old boy, strangled him, got Rs 5 lakh as ransom

JAIKUMAR | Murdered pregnant sister-in-law and niece

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Agencies
February 5,2020

New Delhi, Feb 5: Delhi High Court on Wednesday stated that that death warrant of all convicts in the Nirbhaya gangrape and murder case should be executed together.

The Delhi prison rules do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place and from the trial court to Supreme Court all convicts have been held by a common order and a common judgment, Justice Suresh Kumar Kait observed while passing the order.

High Court dismissed the Central government and Tihar Jail authorities plea challenging the Patiala House court's order, which stayed the execution of the four convicts in the case. It also observed that the convicts indulged in a heinous offence of a bone-chilling rape and murder of a girl and that criminal appeals by all convicts were dismissed by the courts.

Moreover, the court observed that the review petitions were filed after long wait and convicts are taking shelter of Article 21 which is available to them till their last breath.

A single-judge bench of Justice Suresh Kumar Kait had on Sunday kept the order reserved in the matter after special hearing of two days.

Earlier, Solicitor General Tushar Mehta, appearing on behalf of the Centre, alleged that the convicts were deliberately delaying the execution, adding that any delay in death sentence will have a dehumanising effect on the convicts.

A Delhi court last week stayed till further orders the execution of the four convicts -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Sharma -- which was earlier scheduled to take place on February 1.

The case pertains to the gang-rape and brutal murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people, including a juvenile, in Delhi. The woman had died at a Singapore hospital a few days later.

One of the five adults accused, Ram Singh, had allegedly committed suicide in the Tihar Jail during the trial of the case.

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News Network
June 29,2020

Kolkata, Jun 29: Sweet-loving Bengalis have something to cheer about in COVID-19 time as the West Bengal government decided to come out with a "sandesh" which will contain honey from Sundarbans and increase immunity, an official said on Sunday.

Cotton cheese made from cow milk will be mixed with pure honey from the Sunderbans to prepare the "Arogya Sandesh" which will also have extracts of tulsi leaves, an official of the Animal Resources Development Department said.

No artificial flavours would be added to the sweetmeat which will be available in the department's outlets in the city and neighbouring districts, he said.

The sandesh will boost the immune system as a whole but it is not a COVID-19 antidote, the official said.

Sunderbans Affairs Minister Manturam Pakhira said the honey for making Arogya Sandesh will be collected from beehives in places such as Pirkhali, Jharkhali and other parts of the Sunderbans and it will be stored in a scientific manner.

The sandesh is expected to hit the shelves in another two months and the pricing will be within the reach of the common man, the animal resources development department official said.

Earlier this month, a reputed sweetmeat chain of Kolkata came out with an "Immunity Sandesh" claiming that it contains various herbs and spices such as haldi (turmeric), tulsi, saffron, and cardamom and Himalayan honey, which will boost immunity to fight novel coronavirus.

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News Network
February 5,2020

New Delhi, Feb 5: Kapil Baisala who opened fired at the Shaheen Bagh protest site last week is a member of the Aam Aadmi Party, police said on Tuesday, sparking a war of words between the BJP and the AAP.

While the BJP accused Chief Minister Arvind Kejriwal of "playing" with the security of the country, the AAP hit back, stating the saffron party was indulging "dirty politics".

Deputy Commissioner of Police (Crime Branch) Rajesh Deo said that Baisala and his father joined the AAP in early 2019.

Baisala's family, however, refuted the police's claim.

Kapil Baisala's uncle Fatesh Singh told PTI, "I have no idea where these photographs are circulating from. My nephew Kapil had no association with any political party nor does any other member from the family. My brother, Gaje Singh, (Baisala's father) fought assembly elections in 2008 on a Bahujan Samaj Party ticket and lost. After that no one from our family had any links with any political party."

Singh added that Baisala also doesn't have friends associated with the AAP or any other political party.

Gaje had also contested the 2012 civic body polls from the BSP, the police said.

The police officer said they seized Baisala's mobile phone and retrieved WhatsApp data.

On Saturday, Baisala fired two rounds in air at Shaheen Bagh. According to eyewitnesses, the man shouted "Hindu Rashtra Zindabad" and fired two rounds.

He was overpowered by the police and later arrested.

In the pictures, it was seen that he and his father joined the party in the presence of Atishi Marlena, Sanjay Singh and other leaders, sources said.

The police said on Thursday, Baisala, along with his friend Sarthak Larolla, went to Shaheen Bagh from his village on a bike.

Through CCTV footage, it was found they took the DND flyover, Maharani Bagh, Sarai Jullena and reached Holy Family hospital, a senior police officer said.

"Baisala was not comfortable on the bike as he had hidden the pistol near his waist. They entered the hospital's parking where he adjusted the pistol, used the washroom and headed towards Shaheen Bagh," the senior official added.

When they reached the protest site, Larolla left the spot with the motorcycle and Baisala's mobile phone. Later, Baisala fired two rounds in the air and was apprehended. The weapon was recovered from near the spot, the police said.

Larolla joined the investigation and the mobile phone was seized from his residence.

Baisala has been remanded to police remand for two days.

He had bought the pistol around seven years ago for his brother's marriage. The source of the weapon from where he procured it is yet to identified, police said.

The sources said Baisala was previously also involved in firing incident but was never caught nor was a case registered against him.

Hitting out at the AAP, BJP president J P Nadda accused Kejriwal of playing with the security of the country and said that the people will give the party a befitting reply.

"I want to make clear to Kejriwal that this country is bigger than any election, any government, and the country will not forgive those who play with its security. The people of Delhi will give a befitting reply," Nadda tweeted.

Senior AAP leader Sanjay Singh asked on whose directions was the Delhi Police accusing his party.

"Before the police revealed it (Baisala being an AAP member), how did BJP's Delhi president Manoj Tiwari come to know about it," Singh asked and accused the police of maligning the party.

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