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CBI court gags media from reporting on Sohrabuddin Sheikh encounter case trial

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7 years ago

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CBI court gags media from reporting on Sohrabuddin Sheikh encounter case trial

[vc_row][vc_column][vc_column_text]Court’s order comes at a time when the mysterious death of CBI judge BH Loya in 2014, who at the time was presiding over the case, has triggered a sensation

Amid renewed interest in the Sohrabuddin Sheikh fake encounter case following conflicting news reports over the mysterious death of a judge who was presiding over the trial in 2014, a special CBI court in Mumbai, on Wednesday, banned the media from reporting on the proceedings of the trial.

“It may happen that the publication may create security problem for the accused persons, prosecution witnesses, the defence team and the prosecutor as well. I, therefore, find justification in the request of the defence team of lawyers. The application is allowed,” Additional Sessions Judge SJ Sharma said in his order on Wednesday.

While ordering the “complete ban on print, electronic and social media” reporting on the case, special CBI judge Sharma said: “Considering the sensitivity in the matter, likelihood of happening of any untoward incident and likelihood of effect on the trial of this matter, in case of day-to-day publication of evidence that may be brought on record, I am of the view not to allow media to make publication of any of the proceeding during the trial in the matter until further order.”

While the court order does not expressly mention whether or not the media will be allowed to attend the trial, reporters who were present in the courtroom when judge Sharma imposed the gag said that they were orally informed that they could sit in court while the proceedings go on.

The gag-order came on a handwritten request submitted by advocate Wahab Khan, counsel for Rajasthan policeman Abdul Rehman Khan – one of the accused in the alleged fake encounter case – in which he claimed: “Every day, a new development is being reported. The case already has a chequered history. We apprehend the security of witnesses, accused and even the defence lawyers (sic).”[/vc_column_text][vc_column_text css=”.vc_custom_1512031835862{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #dddddd !important;border-radius: 5px !important;}”]Mysterious death of CBI Judge BH Loya mentioned in court

The defence advocates also referred to reports on the mysterious death of CBI Judge BH Loya, who had died under mysterious circumstances in 2014 while presiding over the trial in the case, which was then being heard in Gujarat. Judge Loya’s family members have recently alleged – according to an investigative report carried in The Caravan magazine – that his death was from “unnatural” causes and that reports of him succumbing to a cardiac arrest were fabricated. However, two contrary reports – first in The Indian Express and then on NDTV – have sought to demolish the arguments built up in the Caravan article and quoted sitting judge of the Bombay High Court – Justice Bhushan Gavai – as saying that there was nothing suspicious in Judge Loya’s death.

The doubts raised over the cause of Judge Loya’s death – by a section of the media, the legal fraternity and Opposition parties – have provoked calls for an independent inquiry. It is pertinent to note that at the time when the 48-year-old Judge Loya was presiding over the Sohrabuddin Sheikh encounter trial, BJP national president Amit Shah was an accused in the case. Shah was later discharged in the case by the judge who took over from Judge Loya.[/vc_column_text][vc_column_text]Other defence advocates appearing in the case also supported advocate Wahab Khan’s plea while special public prosecutor BP Raju submitted that the court may pass “appropriate orders” on the issue.

Reporters who were present during the proceedings told APNLive that some journalists made oral submissions before Judge Sharma, pleading that publication of the proceedings was in public interest, especially since the case was one that had evoked mass interest.

While the special CBI judge complimented the media for its “hard work and efforts to collect essential events and to publish them to make the public aware”, he said: “Even during collection of such events, number of incidents had happening in the past where many media persons had to face assault and suffer serious injuries.”

“However, in the proceedings…the popularly known case of the killing of Sohrabuddin, his wife, Kausarbi and their associate Tulsiram Prajapati….wherein the accused persons are none else but the police of Gujarat state, Rajasthan state and Andhra Pradesh and this case has been transferred to Mumbai court by the order of the Honourable Supreme Court. Number of witnesses have been examined by the state CID crime, Gujarat and CBI and the witnesses are police as well as private persons and in the past four years from the receipt of chargesheet, 15 accused who are the ministers of Gujarat and Rajasthan and high ranking police officers have been discharged, the matter appears sensational,” the court observed.[/vc_column_text][vc_column_text css=”.vc_custom_1512032405316{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #e5e5e5 !important;border-radius: 5px !important;}”]Backgrounder to the alleged fake encounter case

In November 2005, Sohrabuddin Sheikh was traveling in a Sangli-bound bus from Hyderabad along with his wife Kausarbi and associate Tulsiram Prajapati. A police team had chased the bus and forced the three to de-board. Sohrabuddin, Kausarbi and Prajapati were then reportedly taken to Ahmedabad where Sheikh was allegedly killed. Kausarbi, a witness to the alleged murder of her husband by policemen, was also reportedly gunned down though later investigators in the case claimed that they never traced her remains. Prajapati, who had apparently escaped the encounter, was also allegedly killed in 2006.

In 2012, the Supreme Court had transferred the case to Mumbai after the CBI submitted that witnesses were being threatened and a free and fair trial was not possible in Ahmedabad under the circumstances.

Of the 38 original accused in the case, prominent persons who have so far been discharged on various grounds include former Gujarat anti-terrorism squad chief DG Vanzara and BJP national president Amit Shah.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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5 hours ago

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November 21, 2024

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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6 hours ago

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November 21, 2024

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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6 hours ago

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November 21, 2024

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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