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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News Network
May 28,2020

Bhopal, May 28: A Bhopal-based high net worth individual hired a 180-seater A320 plane of a private carrier to ferry four family members to New Delhi, in a bid to avoid crowd at the airport and in flight amid the COVID-19 outbreak, officials said on Thursday.

The person, who is a liquor baron, chartered the aircraft to send to Delhi his daughter, her two children and their maid, who were stuck in Bhopal since the last two months due to the coronavirus-induced lockdown, sources said.

The plane arrived here from Delhi on Monday with crew only and flew back with just four passengers for whom it was specially hired, they said.

"The A320 180-seater plane arrived here on May 25 to carry four members of a family, probably due to the coronavirus scare. It was chartered by someone and there was no medical emergency, an airline official said, refusing to divulge any further details.

Bhopals Rajabhoj Airport Director Anil Vikram could not be contacted for comments.

According to aviation experts, the cost of hiring an Airbus-320 is about Rs 20 lakh.

Domestic commercial flight services resumed from Monday, after a nearly two-month break due to the coronavirus-enforced lockdown.

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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News Network
June 1,2020

New Delhi, Jun 1: India's COVID-19 tally on Monday witnessed its highest-ever spike of 8,392 cases, while 230 more deaths related to the infection were also reported in the last 24 hours, according to the Union Ministry of Health and Family Welfare (MoHFW).

The total number of coronavirus cases in the country now stands at 1,90,535 including 93,322 active cases, 91,819 cured/discharged/migrated and 5,394 deaths.

COVID-19 cases in Maharashtra continue to soar with the number reaching 67,655. Tamil Nadu's coronavirus count stands at 22,333 while cases in Delhi the number has reached 19,844

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