Supreme Court verdict on death sentence commutation patently illegal: Centre

March 1, 2014
New Delhi, Mar 1: The Centre today moved the Supreme Court seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner.

The Centre submitted that the January 21 judgement, by which 15 condemned prisoners were granted life and paved the way for similar relief for Rajiv Gandhi killers, is "patently illegal, suffers from errors apparent".Rajiv_Gandhi

It said such an important issue should have been heard by a Constitution bench and the judgement passed by a three-judge bench was without "jurisdiction".

"It is respectfully submitted that the impugned judgement is patently illegal, suffers from errors apparent on the face of the record and flies in the face of well-established principles of law laid down by this Court and contained in the Constitution and other statutes," the review petition said.

"It is submitted that in the present case, the issue raised was that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.

"Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution," it said.

Referring to an earlier apex court order in which it was said that nature of crime to be considered while commuting death sentence of a convict, the government said previous verdict "observed that there is a distinction between offences such as TADA and other offences".

"Thus, there is an error apparent on the face of the record, and the impugned judgement merits a review," it said.

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News Network
February 14,2020

Washington, Feb 14: The United States has called for making Jamaat-ud-Dawa (JuD) chief Hafiz Saeed accountable for his involvement in the planning of "numerous acts of terrorism, including 2008 Mumbai attacks". "We continue to call for Hafiz Saeed to be held accountable for his involvement in the planning of numerous acts of terrorism, including 2008 Mumbai attacks that killed 166 innocent people, including 6 Americans," US State Department spokesperson said on Thursday (February 13, 2020).

US State Department spokesperson said this while commenting on the Saeed`s conviction in terror financing cases.

The spokesperson said Hafiz Saeed`s conviction on terror financing is a step towards curtailing the operation of a terrorist group that threatens peace and stability in South Asia.

"We urge Pakistan to continue to take appropriate legal action against individuals who commit acts of terrorism, raise funds for, or advocate for terrorism," the official said.

On Wednesday, Alice Wells, Principal Deputy Assistant Secretary of US for South and Central Asian Affairs had termed the conviction of 26/11 Mumbai terror attack mastermind Hafiz Saeed as an "important step forward" towards holding terrorist organisation LeT "accountable for its crimes".

"Today`s conviction of Hafiz Saeed and his associate is an important step forward - both toward holding LeT accountable for its crimes and for #Pakistan in meeting its international commitments to combat terrorist financing," she tweeted.

"And as @ImranKhanPTI has said, it is in the interest of #Pakistan`s future that it not allow non-state actors to operate from its soil," she said in another tweet.

An anti-terrorism court in Lahore, Pakistan on Wednesday sentenced Mumbai terror attack mastermind and chief of the banned Jamaat-ud -Dawa (JuD) Hafiz Saeed to five-and-a-half years in prison each in two terror financing cases.

Pakistan based Dawn reported that he was slapped with a prison sentence of five-and-a-half years and a fine of Rs15,000 in each case and the sentences of both cases will run concurrently.

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Agencies
May 27,2020

Lucknow, May 27: Uttar Pradesh chief minister Yogi Adityanath has taken a U-turn, two days after he declared that permission would be needed if other states employ workers from UP.

The issue sparked a major controversy and an official spokesman has now said that the government would not include this clause of 'prior permission' in the bye-laws of the Migration Commission.

The government spokesman also said it was working on modalities to set up the commission to provide jobs and social security to migrant workers returning to the state. It has named the migration commission as the "Shramik Kalyan Aayog (Workers welfare commission).

About 26 lakh migrants have already returned to the state and an exercise to map their skills is being carried out to help them get jobs.

Yogi Adityanath has discussed the modalities for setting up the commission and told his officers to complete the skill mapping exercise in 15 days.

A senior official of Team 11, said, "The chief minister discussed the modalities for setting up the commission, as well. There will be no provision requiring other states to seek UP government's prior permission for employing our manpower. The commission is being set up to provide jobs and social security to the workers. We will also link the migrants to the government schemes to provide them houses and loans etc."

Yogi Adityanath said a letter should be sent to all state governments to find out about migrant workers wanting to come back to Uttar Pradesh.

Earlier, the chief minister, while speaking at a webinar on Sunday, had said, "The migration commission will work in the interest of migrant workers. If any other state wants UP's manpower, they cannot take them just like that, but will have to seek permission of the UP government. The way our migrant workers were ill-treated in other states, the UP government will take their insurance, social security in its hands now. The state government will stand by them wherever they work, whether in Uttar Pradesh, other states or other countries."

The statement had sparked a row with some political leaders and parties questioning the move.

Former Congress president Rahul Gandhi sharply criticized Adityanath's stand, saying the workers were not the chief minister's personal property.

"It is very unfortunate that the chief minister of Uttar Pradesh views India in such a way. These people are not his personal property. They are not the personal property of Uttar Pradesh. These people are Indian citizens and they have the right to decide what they want to do and they have the right to live the life they want to live," he had said.

Maharashtra Navnirman Sena chief Raj Thackeray had also taken on Adityanath and said that if UP insists on "permission" before other states can employ workers from there, "then any migrant entering Maharashtra would need to take permissions from us, from the Maharashtra state, our police force too."

Meanwhile, the government spokesman said, "The chief minister is deeply moved by the condition of migrants. They have been treated badly by other states. So, when the chief minister spoke about the need for seeking UP government's permission, he did so as a guardian for workers. It's only his concern for the migrants that came out as a political statement."

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Agencies
August 8,2020

New Delhi, Aug 7: With the highest single-day spike of 62,538 cases, India's COVID-19 count rose to 20,27,075 on Friday, said Union Ministry of Health and Family Welfare.

The total cases include 6,07,384 active cases, 13,78,106 cured/discharged/migrated, and 41,585 deaths, according to the Ministry of Health.

The country's COVID-19 positive cases crossed the 10 lakh mark on July 17 when the total positive cases stood at 10,03,832 in India.

Maharashtra with 1,46,268 active cases and 3,05,521 cured and discharged patients continues to be the worst affected. The state has also reported 16,476 deaths due to the infection.

Tamil Nadu has 54,184 active cases while 2,14,815 patients have been discharged after treatment in the state. 4,461 deaths have been reported due to COVID-19 in the state.

Total COVID-19 cases in Andhra Pradesh are 1,96,789 including 1,12,870 recoveries, 82,166 active cases, and 1,753 deaths, as per the last health bulletin.

Delhi reported 1,192 new COVID-19 cases and 23 deaths on Friday. The total count of cases in the national capital has risen to 1,42,723. 

According to the Health Department, a total of 1,108 recoveries have been reported in Delhi in the last 24 hours.

The total number of cases includes 1,28,232 recoveries, 10,409 active cases, and 4,082 deaths.

According to the official data, 5,612 RT-PCR/CBNAAT/TrueNat tests and 17,773 rapid antigen tests were conducted today.

A total of 11,43,703 test has been conducted so far. The Union Health Ministry said that India continues its track record of testing more than 6 lakh COVID-19 samples each day for the fourth successive day.

"Expanded diagnostic lab network and facilitation for easy testing across the country have given a boost, and with 6,39,042 tests conducted in the last 24 hours, India has done 2,27,88,393 tests presently. The Tests Per Million (TPM) has seen a sharp increase to 16,513," the ministry said.

As many as 473 new COVID-19 cases were reported in Jammu and Kashmir today; 128 from Jammu division and 345 from Kashmir division.

The total number of cases stood at 23,927 including 7,260 actives cases, 16,218 recoveries, and 449 deaths.

The government of Mizoram informed that 19 new COVID-19 cases were reported in the state, taking the total number of cases to 558.
The number of active cases is 270 while 288 people have been discharged. No death reported in the state to date.

Bihar Health Department said, 3646 new cases reported in the state on August 6. Total tally reaches 71,794.

Similarly, 244 new COVID-19 cases, 77 recoveries, and five deaths were reported in Puducherry on Friday, taking the total number of cases to 4,862, including 1,873 active cases, 2,914 recoveries, and 75 deaths.

1,063 new cases of COVID-19 cases, 381 recovered and 23 deaths reported in Punjab in the last 24 hours. State tally rises to 21,930 including 7,351 active cases, 14,040 cured/discharged and 539 deaths.

Meanwhile, 1,074 new cases of COVID-19 and 22 deaths reported in Gujarat in last the 24 hours. State tally rises to 68,885 including 14,587 active cases, 51,692 cured/discharged and 2,606 deaths, the State Health Department said.

According to the Union Health Ministry, West Bengal has 23,829 active cases with 1,902 deaths so far while, Karnataka has 75,076 active cases of the virus with 80,281 recovered and 2,897 deaths so far.

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