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
July 15,2020

New Delhi, Jul 14: India's COVID-19 tally has reached 9,36,181 as 29,429 new coronavirus cases were reported in the last 24 hours, informed the Union Ministry of Health and Family Welfare on Wednesday.

The death toll went up to 24,309, including 582 fatalities in the last 24 hours.

Out of the total cases, 3,19,840 are currently active and 5,92,032 are cured/discharged/migrated.

As per the Ministry, Maharashtra -- the worst-affected state from the infection -- has a total of 2,67,665 COVID-19 cases and 10,695 fatalities. While Tamil Nadu has a tally of 1,47,324 cases and 2,099 deaths due to COVID-19.

Delhi has reported a total of 1,15,346 cases and 3,446 deaths due to COVID-19.

As per the information provided by the Indian Council of Medical Research (ICMR) 3,20,161 samples have been tested for COVID-19 till July 14, of these 1,24,12,664 samples were tested on Tuesday.

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News Network
March 9,2020

New Delhi, Mar 9: A war of words broke out between the BJP and the Congress on Sunday over the Yes Bank crisis with the ruling party seeking to link it with the Gandhi family, while the opposition wondered if the prime minister and finance minister were "complicit" as the bank's loan book grew manifold.

Posting on Twitter a clip of a news channel report that Rana Kapoor, the arrested Yes Bank founder, had bought a painting from Congress leader Priyanka Gandhi Vadra, BJP's information and technology wing in-charge Amit Malviya alleged that every financial crime in India has "deep links" with the Gandhis.

The Congress dismissed the charge "fake" and called it a "diversionary" tactic.

It said Priyanka Gandhi had sold an M F Hussain painting of her father Rajiv Gandhi to Kapoor for Rs 2 crore, and the entire amount was disclosed in her income tax return of 2010.

Malviya tweeted, "Every financial crime in India has deep link with the Gandhis. Mallya used to send flight upgrade tickets to Sonia Gandhi. Had access to MMS (Manmohan Singh) and PC (P Chidambaram). Is absconding. Rahul inaugurated Nirav Modi’s bridal jewellery collection, he defaulted. Rana bought Priyanka Vadra’s paintings."

Congress' chief spokesperson Randeep Surjewala asked how does an M F Hussain painting of Rajiv Gandhi sold 10 years ago by Priyanka Gandhi to Yes Bank owner Rana Kapoor and disclosed in her tax returns connect with unprecedented giving of loans of Rs 2,00,000 crore in five years of the Modi government.

"More so, when (Kapoor's) proximity to BJP leaders is well known," he said.

Rubbishing the BJP's allegation, Congress spokesperson Abhishek Manu Singhvi at a press conference said it was a "diversionary" tactic by the government.

He noted that the bank's loan book rose from Rs 55,633 crore in March 2014, the year Narendra Modi became prime minister, to Rs 2,41,499 crore in March 2019.

"Why did the loan book rise by 100 per cent in two years after demonetisation i.e from Rs 98,210 cr in March 2016 to Rs 2,03,534 ar in March 2018? Were PM and FM sleeping, ignorant or complicit?" he asked.

The entire amount Priyanka Gandhi had received was in cheque and was fully disclosed in the income tax return, Singhvi said.

Surjewala, taking to Twitter, said instead of diverting from the real issue of people's money sinking into a bad bank, should not the government answer questions like how did loans given by Yes Bank rise from Rs 55,633 crore in March 2014 to Rs 2,41,499 crore in March 2019, an increase of almost Rs 2,00,000 crore in fiver years of the Modi government.

Why did the loans given by Yes Bank rise by a whopping 100 per cent in just two years after demonetisation, he asked.

Surjewala also questioned why did the prime minister address a conference sponsored by Yes Bank on March 6 despite the RBI moratorium.

"Why did the Haryana BJP government deposit over Rs 1,000 crore in Yes Bank a month ago, knowing that it was sinking? Is this figure Rs 3,000 cr? Did Fadnavis government in Maharashtra make similar deposits?" Surjewala asked.

"Of course, the government's media proxies won't dare to ask these questions. But the nation wants to know!" he said in a series of tweets.

Kapoor, 62, was arrested by the Enforcement Directorate in Mumbai after charges of alleged financial irregularities and mismanagement in the bank's operations surfaced and the RBI and Union government initiated action to control its affairs.

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Agencies
August 6,2020

The Indian Defence Ministry, which had in its document that China intruded into the Indian territory in eastern Ladakh in early May, on August 6 took down the page which it had uploaded on its website.

According to a report by news channel NDTV, the ministry, in its document, had said the Chinese aggression has been "increasing along the Line of Actual Control (LAC) and more particularly in Galwan valley since May 5."

"The Chinese side has transgressed in the areas of Kungrang Nala, Gogra and north bank of Pangong Tso Lake on May 17-18," the document, titled 'Chinese Aggression on LAC' stated.

The document revealed that "... a violent face-off incident took place between the two sides on June 15, resulting in casualties on both sides."

After the clash, a second corps commander level meeting took place on June 22 to discuss the modalities of de-escalation. "While engagement and dialogue at military and diplomatic level is continuing to arrive at mutually acceptable consensus, the present standoff is likely to be prolonged," it said.

A defence ministry spokesperson told the news channel that the document "did not go through him".

The opposition Congress, meanwhile, asked the government why the report was taken down with party leader Rahul Gandhi alleging that removal of the document from websites would not change facts.

"Forget standing up to China, India's PM lacks the courage even to name them. Denying China is in our territory and removing documents from websites won't change the facts," Gandhi tweeted.

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