Supreme Court stays trial in Kathua rape, murder case till May 7

Agencies
April 27, 2018

New Delhi, Apr 27: The court says it will deal with the prayer of the victim’s father for shifting the trial to Chandigarh and the plea of the accused seeking the handing over of the probe to the CBI.

The Supreme Court on Friday stayed till May 7 the trial in the case of the rape and murder of a minor in Kathua in Jammu and Kashmir.

A Bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and Indu Malhotra said it would deal with the prayer of the victim’s father for shifting the trial to Chandigarh and the plea of the accused seeking the handing over the probe to the CBI.

The child from a minority nomadic community disappeared from near her home in a village near Kathua in Jammu region on January 10. Her body was found in the same area a week later.

During the hearing, the court witnessed heated exchanges between senior advocate Indira Jaising, who appeared for the victim’s family, and advocate Harvinder Chaudhary, who was representing the accused.

Ms. Jaising said the case should be transferred to Chandigarh due to its proximity to Kathua and the incidents of obstruction of police personnel by lawyers of the local court.

She said that attempts were made to intimidate the presiding judge of the court and the crime branch officials were heckled by the lawyers, as is evident in the affidavit of the Jammu and Kashmir government.

Ms. Chaudhary said his clients do not have faith in police investigation and the probe should go to the CBI. She alleged that the police were hand-in-glove with vested interests to falsely implicate the accused while the real culprits were someone else.

Advocate General Jahangir Iqbal Ganai, along with standing counsel Shoeb Alam, appearing for Jammu and Kashmir, opposed the prayer for a CBI probe and said the special investigation team of the Crime Branch was investigating the case.

Over 200 witnesses

Mr. Ganai said the trial could be shifted from Kathua to some other district in the State as there were 221 witnesses and most of the statements recorded so far were in Urdu.

Mr. Alam said Jammu and Kashmir had its own penal law and if the trial was shifted to Chandigarh, then it may create several problems.

Additional Solicitor General Maninder Singh, appearing for the Centre, said the government was ready to provide any assistance if required but the call has to be taken by the Jammu and Kashmir government.

The apex court on Thursday said it would transfer the case from the local court in the “slightest possibility” of lack of fair trial, and added that the “real concern” was to hold proper prosecution.

The eight-year-old’s father had moved the apex court, apprehending threat to the family, a friend and their lawyer Deepika Singh Rajawat. A separate plea was also filed by two accused seeking that the trial be held in Jammu and the probe handed over to the CBI.

The Crime Branch filed the main charge sheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua last week. The charge sheet had details of how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.

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News Network
February 26,2020

Feb 26: In a midnight hearing, the Delhi High Court directed police to ensure safe passage to government hospitals and emergency treatment for those injured in the communal violence erupted in northeast Delhi over the amended citizenship law.

The court held a special hearing, which started at 12:30 am, at the residence of Justice S Muralidhar after receiving a call from an advocate explaining the dire circumstances under which the victims were unable to be removed from a small hospital to the GTB Hospital.

A bench of Justices S Muralidhar and Anup J Bhambhani directed the Delhi Police to ensure safe passage of the injured victims by deploying all resources at its command and on the strength of this order as well as to make sure they receive immediate emergency treatment if not at the Guru Teg Bahadur Hospital then at the Lok Nayak Jai Prakash Narayan Hospital (LNJP) or Maulana Azad or any other hospital.

The bench also called for a status report of compliance, including information about the injured victims and the treatment offered to them, and the matter will be heard during the day at 2:15 pm.

It said the order be communicated to the medical superintendents of the GTB and the LNJP Hospitals.

The urgent hearing was conducted after advocate Suroor Mander called the judge and sought urgent orders for safe passage of ambulances for the injured.

The Delhi Police and the government were represented through additional standing counsel Sanjoy Ghose.

During the hearing, the bench spoke over phone to doctor Anwar of the Al-hind Hospital in New Mustafabad who told the court that there were two bodies and 22 injured persons there and he had been trying to seek police assistance since 4 pm on Tuesday without success.

The court then directed the senior officials to reach to the hospital forthwith, following which they started the process of evacuating the injured to the nearest hospitals.

It also said this order be brought to the knowledge of the Delhi Police Commissioner.

Communal violence over the amended citizenship law in northeast Delhi claimed at least 18 lives till Wednesday.

On Tuesday, the violence escalated in northeast Delhi as police struggled to check the rioters who ran amok on streets, burning and looting shops, pelting stones and thrashing people.

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Agencies
June 9,2020

Srinagar, Jun 9: Suspended Jammu and Kashmir DSP Davinder Singh, who was nabbed while ferrying two Hizbul Mujahideen terrorists on the Srinagar-Jammu Highway, moved a Delhi court on Tuesday seeking interim bail.

Besides Singh, two other accused -- Syed Naveed Mushtaq and Imran Shafi Mir -- have also sought bail. The Special Cell of the Delhi Police is probing their role in the alleged planning of a terror attack.

The trio has sought bail asserting that there is no evidence to show that there was any conspiracy to commit an act that would threaten the sovereignty of the country. The court has listed the matter for hearing on Wednesday.

"The accused are wrongly and falsely implicated in the case. There is also no material to substantiate that the accused had the intention or conspired to carry out a terror strike," the plea stated.

Singh is currently under judicial custody at the Hira Nagar Jail in J&K till June 16. Besides Singh, three other accused -- Javed Iqbal, Syed Naveed Mushtaq and Imran Shafi Mir -- are also under custody.

Delhi Police's Special Cell had brought him from Hira Nagar Jail to the national capital in March for interrogation in another case.

The police had earlier told the court that Mushtaq, who was the commander of Hizbul Mujahiddeen in Shopian district, along with other militants were planning to execute a terror attack in Delhi and other parts of the country and targeted killings of protected persons.

In connection with this, the Delhi Police had filed an FIR which stated that the youth of Jammu and Kashmir and Punjab are being trained for carrying out terrorist activities. Singh was taken into custody under this FIR and was also interrogated regarding the Khalistan angle.

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News Network
February 2,2020

Feb 2: The Philippines on Sunday reported the first death from a new virus outside of China, where authorities delayed the opening of schools in the worst-hit province and tightened quarantine measures in a city that allow only one family member to venture out to buy supplies.

The Philippine Department of Health said a 44-year-old Chinese man from Wuhan was admitted on Jan. 25 after experiencing a fever, cough, and sore throat. He developed severe pneumonia, and in his last few days, “the patient was stable and showed signs of improvement, however, the condition of the patient deteriorated within his last 24 hours resulting in his demise.”

The man’s 38-year-old female companion, also from Wuhan, also tested positive for the virus and remains in hospital isolation in Manila.

President Rodrigo Duterte approved a temporary ban on all travelers, except Filipinos, from China and its autonomous regions. The U.S., Japan, Singapore and Australia have imposed similar restrictions despite criticism from China and an assessment from the World Health Organization that they were unnecessarily hurting trade and travel.

The death toll in China climbed by 45 to 304 and the number of cases by 2,590 to 14,380, according to the National Health Commission, well above the number of those infected in in the 2002-03 outbreak of SARS, or severe acute respiratory syndrome, which broke out in southern China and spread worldwide.

Meanwhile, six officials in the city of Huanggang, neighboring the epicenter of Wuhan in Hubei province, have been fired over “poor performance” in handling the outbreak, the official Xinhua News Agency reported.

It cited the mayor as saying the city’s “capabilities to treat the patients remained inadequate and there is a severe shortage in medical supplies such as protective suits and medical masks.”

After Huanggang, the trading center of Wenzhou in coastal Zhejiang province also confined people to homes, allowing only one family member to venture out every other day to buy necessary supplies.

With the outbreak showing little sign of abating, authorities in Hubei and elsewhere have extended the Lunar New Year holiday, due to end this week, well into February. The annual travel crunch of millions of people returning from their hometowns to the cities is thought to pose a major threat of secondary infection at a time when authorities are encouraging people to avoid public gatherings.

All Hubei schools will postpone the opening of the new semester until further notice and students from elsewhere who visited over the holiday will also be excused from classes.

Far away on China’s southeast coast, the manufacturing hub of Wenzhou put off the opening of government offices until Feb. 9, private businesses until Feb. 17 and schools until March 1.

With nearly 10 million people, Wenzhou has reported 241 confirmed cases of the virus, one of the highest levels outside Hubei. Similar measures have been announced in the provinces and cities of Heilongjiang, Shandong, Guizhou, Hebei and Hunan, while the major cities of Shanghai and Beijing were on indefinite leave pending developments.

Despite imposing drastic travel restrictions at home, China has chafed at those imposed by foreign governments, criticizing Washington’s order barring entry to most non-citizens who visited China in the past two weeks. Apart from dinging China’s international reputation, such steps could worsen a domestic economy already growing at its lowest rate in decades.

The crisis is the latest to confront Chinese leader Xi Jinping, who has been beset by months of anti-government protests in the semi-autonomous Chinese city of Hong Kong, the reelection of Taiwan’s pro-independence president and criticism over human rights violations in the traditionally Muslim northwestern territory of Xinjiang. Economically, Xi faces lagging demand and dramatically slower growth at home while the tariff war with the U.S. remains largely unresolved.

Among a growing number of airlines suspending flights to mainland China was Qatar Airways. The Doha-based carrier said on its website that its flights would stop Monday. It blamed “significant operational challenges caused by entry restrictions imposed by a number of countries” for the suspension of flights.

Oman also halted flights to China, as did Saudi Arabia’s flagship national carrier, Saudia.

Saudi Arabia’s state-run TV reported that 10 Saudi students were evacuated from Wuhan on a special flight. It said the students would be screened upon arrival, but did not say whether they would be quarantined for 14 days.

This weekend, South Korea and India flew hundreds of their citizens out of Wuhan. They went into a two-week quarantine.

On Sunday, South Korea reported three more cases for a total of 15. They include an evacuee, a Chinese relative of a man who tested positive and a man who returned from Wuhan. India reported a second case, also in southern Kerala state.

South Korea also barred foreigners who have stayed or traveled to Hubei province within the last 14 days from entering the country.

Indonesia flew back 241 nationals from Wuhan on Sunday and quarantined them on the remote Natuna Islands for two weeks. Several hundred residents protested the move, with one saying, “This is not because we do not have a sense of solidarity with fellow nationals. But because we fear they could infect us with the deadly virus from China.”

A Turkish military transport plane carrying 42 people arrived in Ankara from Wutan Saturday night. The 32 Turkish, six Azerbaijani, three Georgian nationals and an Albanian will remain under observation for 14 days, together with 20 personnel who participated in the evacuation, Health Minister Fahrettin Koca said.

Vietnam counted its seventh case, a Vietnamese-American man who had a two-hour layover in Wuhan on his way from the U.S. to Ho Chi Minh City.

The virus’ rapid spread in two months prompted the WHO on Thursday to declare it a global emergency.

That declaration “flipped the switch” from a cautious attitude to recommending governments prepare for the possibility the virus might spread, said the WHO representative in Beijing, Gauden Galea. Most cases reported so far have been people who visited China or their family members.

WHO said it was especially concerned that some cases abroad involved human-to-human transmission.

“Countries need to get ready for possible importation in order to identify cases as early as possible and in order to be ready for a domestic outbreak control, if that happens,” Galea told The Associated Press.

Both the new virus and SARS are from the coronavirus family, which also includes those that cause the common cold.

The death rate in China is falling, but the number of confirmed cases will keep growing because thousands of specimens from suspected cases have yet to be tested, Galea said.

“The case fatality ratio is settling out at a much lower level than we were reporting three, now four, weeks ago,” he said.

Although scientists expect to see limited transmission of the virus between people with family or other close contact, they are concerned about cases of infection spreading to people who might have less exposure.

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