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Supreme Court grants bail to four 2002 Gujarat riot convicts, says conviction debatable

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Supreme Court

[vc_row][vc_column][vc_column_text]The Supreme Court on Tuesday, Jan 22, ordered the release on bail of four convicts in 2002 Gujarat riots case of Naroda Patiya, which saw one of the worst massacres, calling their conviction “debatable”.

The convicts, Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod, had been found guilty and sentenced to a 10-year jail term for arson and rioting by the Gujarat High Court on June 25 last year.

The top court also said it is seized of appeals by others convicted in the case, including Babu Bajrangi.

At least 97 Muslims were killed in Naroda Patiya near Ahmedabad on February 28, 2002, which saw one of the worst instances of mob violence when nearly 100 Muslims were slaughtered by a mob of thousands during the communal riots that followed the Godhra train burning in which 59 Hindu train passengers were killed.

In June last year, the Gujarat High Court had sentenced the convicts to 10 years rigorous imprisonment, observing that their punishment must be consistent with the brutality of the crime.

The high court had convicted 16 people, including Babu Bajrangi, and acquitted 18 others, among them former BJP minister Maya Kodnani for want of evidence.

“The court cannot set aside the agony and anguish of the victims… Offences are not against individuals but society at large and has consequences of polarising society,” Gujarat high court had said while convicting them.

“Imposing too lenient a sentence would amount to travesty of justice… Imposition of 10 years of rigorous imprisonment would be adequate punishment,” the court held.

The court further observed that any liberal attitude with respect to such offences would be “counter-productive” and “against the interest of society”.

On Tuesday, a Supreme Court bench headed by Justice AM Khanwilkar granted bail to four convicts on the chief grounds that the High Court verdict of conviction was “debatable” and that they should be released on bail since their appeal would take much time for disposal.

In three bail orders, the Supreme Court has expressed serious doubts over the conviction.

All these accused were held guilty under Section 436 (mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code, along with other provisions relating to unlawful assembly.

The bench released Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput and Harshad alias Mungda Jila Govind Chhara Parmar on bail after imposing ordinary conditions to be laid out by the trial court.

The Supreme Court, while deciding the bail plea, noted that the Gujarat HC had primarily relied upon identification of these convicts by police officials but in some cases, no identification parade was conducted and the appeals raised doubt over their identification in a group of around 15,000 persons.

“Prima facie, we find that the approach of the High court is debatable,” said the bench, while granting bail to Bharwad. It also noted that Bharwad was undergoing treatment for HIV and that he had been on bail during the trial of the case.

Taking up the bail plea by Rajkumar, the apex court noted that the HC convicted him while observing that even in absence of any specific role attributed to the applicant his presence being established, the charge of being a member of the unlawful assembly must hold good.

“Prima facie, we find this approach to be doubtful, especially when the witnesses relied upon by the prosecution are police officials and no identification parade of this applicant was conducted during the investigation by the Police,” noted the bench, granting bail to Rajkumar.

The court further noted that Harshad alias Mungda Jila was sentenced to 10 years in jail. “He has already undergone more than five years of actual imprisonment coupled with the fact that the hearing of the appeal is not likely to take place in the immediate near future. Accordingly, applicant is ordered to be released on bail to the satisfaction of the trial court,” directed the bench.

It also released another convict, Prakashbhai Sureshbhai Rathod, on interim bail between January 28 and February 15 to attend his daughter’s wedding.[/vc_column_text][/vc_column][/vc_row]

Book reviews

The Hill Of Enchantment Review: Ruskin Bond revisits his life as writer

The book not only delineates Ruskin Bond’s journey as a writer but also depicts the changing literary landscape from the 1950s to recent times.

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The Hill Of Enchantment Review: Ruskin Bond revisits his life as writer

India’s most loved and prolific writer from the hill, who wrote his first book when he was around 17, Ruskin Bond, turned 90 this year. In his seven decade literary journey, the author has written more than 500 novels, short stories, and poems set mostly in the hills and mountains of India. 

The Hill Of Enchantment published by Aleph Book Company, is a memoir of his writing journey, with the subtitle, the story of my life as a writer. Bond revisits the people, mountains, railway stations, rooms, and markets that shaped him as an author. He says, characters in his novels and short stories are mostly inspired by the people he met in his life. The author confesses that some characters also portray his adopted family, friends and colleagues. 

Expressing that if a writer wishes to create a little magic with his pen he must find a little magic in his life, Ruskin Bond shares that he only has to open his window to see a magical world – clouds racing across the sky. In the book, the author mentioned how Pari Tibba, Fairy Hill, which he could see from his window, and solitude has influenced his books.

In The Hill of Enchantment, Ruskin Bond pens about how his need for privacy and solitude have inspired his first work, The Room on the Roof, published in 1956. He also portrayed how his frequent visits to a railway station led to the story, Time Stops At Shamli and others. Sharing an anecdote, Bond wrote that his frequent visits to railway stations made him so popular, just like a coolie, he did not have to buy a platform ticket to sit at the railway station.

The book also highlights the ordeal of Indian writers in the days dating back to 1950s to get published as compared to modern writers. It pointed out the change in the literary scene in the twenty-first century, which brought literary festivals along with online forums for writers and publishers. The author says, “writers were becoming faces and mini celebrities”. 

Ruskin Bond’s book not only delineates his journey as a writer but also stresses on the changing literary landscape from 1950s to recent times. The book is an utter testament for the aspiring writers. 

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2024 Lok Sabha Elections

Amit Shah claims NDA has already got 310 seats after 5 phases of Lok Sabha elections

Shah was addressing 2 election rallies in Sambalpur where the BJP has fielded Union Minister Dharmendra Pradhan.

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Amit Shah claims NDA has already got 310 seats after 5 phases of Lok Sabha elections

Union Home Minister Amit Shah on Tuesday claimed that the NDA has already bagged 310 seats after the completion of 5 phases of the Lok Sabha polls. He urged the people of Odisha to free the state from babu-raj and allow the BJP to form government at the Centre and also in the state.  Shah was addressing 2 election rallies in Sambalpur where the BJP has fielded Union Minister Dharmendra Pradhan.

Shah claimed after the 5th phase of elections, the NDA has already got 310 seats and they will secure 400 plus seats after the 6th and 7th rounds of elections. The union home minister added that Odisha has been ruled by a handful of officers and this election will end the ongoing babu raj in the state.

He said that the tribals of Keonjhar get no benefit even though most of the mines and mineral reserves of the country are located in Keonjhar district. Shah enlisted Modi government’s achievements and said that the prime minister has ensured that there is no terrorism across the country. He added that PoK (Pakistan occupied Kashmir) was with India and it would remain with India.

Shah criticized Congress of being frightened over Pakistan possessing an atom bomb and said PM Modi has given a befitting reply to Pakistan’s terror activities and he does not fear such threat of nuclear bombs. He attacked the previous Congress government for doing nothing for tribals. Shah pointed out that former PM Atal Bihari Vajpayee had formed a separate ministry for tribal affairs while Narendra Modi as the PM has worked to eliminate Naxalism in Odisha, Telangana and Andhra Pradesh.

The Union Home Minister said PM Modi has constituted District Mineral Foundation and given crores of rupees for the development of the tribal region. Shah said the budgetary allocation for tribal affairs has been increased to Rs 1.25 lakh crore during Modi government from Rs 25,000 crore given during the previous UPA regime.

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2024 Lok Sabha Elections

Congress accuses PM Modi of communal campaigning, questions his silence on key issues like caste census, reservations

Congress general secretary Jairam Ramesh’s attack came over Modi’s remarks in an interview to the media in which he had said that he has never uttered a word against minorities, and the BJP has not just today but never acted against them.

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Congress accuses PM Modi of communal campaigning, questions his silence on key issues like caste census, reservations

The Congress on Tuesday alleged that Prime Minister Narendra Modi had been indulging in polarisation throughout the election and has prepared a communal pitch, but Congress refused to play on that and pursued its paach nyay agenda. Congress general secretary Jairam Ramesh’s attack came over Modi’s remarks in an interview to the media in which he had said that he has never uttered a word against minorities, and the BJP has not just today but never acted against them.

Jairam Ramesh said that PM Modi’s entire campaign from April 19 has been based on communalisation with the Hindu-Muslim rhetoric throughout and has not talked about Viksit Bharat, issues of the farmers, Modi ki guarantee, women, youth workers, SCs, STs and OBCs.

Speaking about the remarks made by PM Modi on minorities, Ramesh said what nonsense was he talking about?  He further added the prime minister is fast losing his memory and he has never had any adherence to truth. Ramesh called PM Modi a jhoothjeevi and said PM Modi does not remember what he said the day before and then claims that he never said it.

Ramesh said the prime minister had raised the issue of Muslim League imprint on the Congress manifesto, the mangalsutra remarks and the allegation that the Congress will give reservations on the basis of religion, which are all bogus statements.

He said this is the prime minister who, when asked some years ago whether he had any remorse at the killings during the Gujarat riots, said even when a small puppy comes under a car, one feels bad. This is the language that he had been using. Ramesh claimed that when Atal Bihari Vajapayee became the prime minister, L K Advani and company wanted a committee to review the basic structure of the Constitution. Ramesh said Congress boycotted that commission and this has always been the objective of the BJP and the RSS.

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