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Supreme Court declines Saravana Bhavan owner’s plea for extending time to surrender

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Supreme Court declines Saravana Bhavan owner’s plea for extending time to surrender

The Supreme Court today (Tuesday, July 9) refused relief to P Rajagopal, the owner of Saravana Bhavan hotel chain, who cited medical grounds for extension of time to surrender in a case of murder of his employee 18 years ago.

Rajagopal was supposed to surrender on July 7 as per a March 2019 judgment of the Supreme Court, holding him guilty in the case and sentencing him to life imprisonment.

The case had attracted international attention, as much for its sensational nature as for the fact that Saravana Bhavan, a well-known restaurant chain, has outlets in 20 countries including the US, the UK, France and Australia. There are 25 restaurants in India including in Delhi.

In 2004 P Rajagopal was convicted in the kidnapping and murder of an employee, Santhakumar. A local court had sentenced Rajagopal and five others involved in the murder to 10 years in prison, said media reports. Five years later the Madras High Court upheld the verdict and increased the sentence to life in prison, a punishment then upheld by the Supreme Court in March this year.

In its order, a three judge bench of Justices NV Ramana, Mohan M Shantanagoudar and Indira Banerjee had held that, “Having regard to the entire material on record and the totality of the facts and circumstances, we find that the evidence on record fully proves the case of the prosecution.”

Following the Supreme Court’s confirmation of his sentence, the Rajagopal was expected to surrender before the court or the local police on July 7, Sunday. However, he failed to do so. It is reported that he got admitted to a hospital on July 4, after spending the last few months since his sentence at his Ashok Nagar residence.

He filed a petition in the apex court seeking an extension of the deadline to surrender, saying he had been hospitalised and needed more time. The hearing had been postponed to Tuesday.

However, Rajagopal’s accomplices, including Daniel, Karmegam, Zakir Hussain, Kasi Viswanathan and Patturajan, surrendered before the fourth additional session court in Chennai.

Today, the Bench of Justices NV Ramana, M Mohan Shanatanagoudar, and Ajay Rastogi said he must surrender immediately. “If he was so ill, why did he not choose to indicate the same during the hearing of his appeal here?” Justice NV Ramana asked senior advocate Kapil Sibal, who appeared for Rajagopal, on Tuesday.

“No more adjournments now,” Justice Mohan M Shantanagoudar, on the Bench, observed orally.

Giving the background of the case, an NDTV report said that the case, which has attracted considerable attention both in India and abroad, goes back to the 1990s, when Rajagopal wanted to marry Jeevajothi, the daughter of an assistant manager at Saravana Bhavan’s Chennai branch.

At the time Rajagopal already had two wives and Jeevajothi had refused his proposal. She married Santakumar in 1999. The prosecution told the court Rajagopal threatened the couple in 2001 and demanded they call off the marriage.

The couple even filed a complaint at a local police station saying they were intimidated by the Rajagopal’s gang. On October 26, 2001, Shanthakumar was kidnapped and strangled to death by Rajagopal’s henchmen.

The Forest Department found Shanthakumar’s body in Tiger Chola Forests. A charge sheet was filed under Section 302(murder), 364(abduction) and 201 (destruction of evidence) of the IPC.

In 2004, a special court found the hotelier guilty and awarded him 10-years of rigorous imprisonment. The Saravana Bhavan owner challenged the special court’s decision and the prosecution sought enhancement of the punishment. In 2009, the Madras High Court enhanced the punishment of Rajagopal to life imprisonment and imposed a fine of Rs 55 lakh, including Rs 50 lakh as compensation to Jeevajyothi.

On March 29, 2019, dismissing appeals against the 2009 verdict of the Madras High Court, a Supreme Court bench comprising Justices NV Ramana, Mohan M Shantanagoudar and Indira Banerjee ruled: “In our considered opinion, the prosecution has proved the complicity of all the appellants in murdering Santhakumar by strangulating him and thereafter throwing the dead body at Tiger Chola (in Kodaikanal).”

The Supreme Court had concluded that the steadfast testimonies of Jeevajothi and her family, the circumstantial evidence, recovery of personal items, such as the wallet and a gold chain of the victim, along with forensic techniques such as the superimposition test to identify the body, undoubtedly pointed to the guilt of Rajagopal and his henchman. All of them had appealed in the Supreme Court after the Madras High Court had convicted and sentenced him to undergo life imprisonment.

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Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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