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Kathua child gangrape and murder: SC seeks J&K’s reply on plea to transfer case to Chandigarh

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Kathua child gangrape and murder: SC seeks J&K's reply on plea to transfer case to Chandigarh

The Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar, DY Chandrachud on Monday, April 16, asked Jammu and Kashmir government’s reply on plea for transferring trial in Kathua gangrape case to Chandigarh and directed the state government to provide security to the victim family’s lawyers Deepika Rajawat and Talib Hussain.

Hearing the appeal from the 8-year-old Kathua rape-murder victim’s father who had asked for the trial to be shifted out of J&K, the SC decided to take it up and listed the case on April 27 while making it clear that this will not be treated as a PIL.

Also, it said, “As an interim measure, it is directed that the Jammu and Kashmir Police to beef up the security and provide adequate security personnel to the family, Deepika Singh Rajawat and family friend Talid Hussain.”

The apex court also asked the state police to provide security at the observation home where delinquent juvenile is kept in connection with raping and killing the eight-year-old girl.

As the trial in the case started in Kathua on Monday, the eight accused pleaded not guilty and asked the judge for a narco analysis test, said media reports.  Seven of the eight accused were produced before District and Sessions Judge Sanjay Gupta, who asked the state Crime Branch to give them copies of the chargesheet and fixed April 28 as the next date of hearing.

The seven accused were shifted back to the jail under heavy security immediately after the brief hearing in the sessions court.

In SC, during the hearing, the victim’s father expressed satisfaction over the probe conducted by the state police so far and opposed the plea for a CBI probe as sought by others. Senior advocate Indira Jaising made it clear the victim’s father was seeking transfer of the trial of the case and not the investigation.

She said that the grievance is not the investigation and that she is not asking for any closure in this matter. The issues are grave and that the police couldn’t file the chargesheet for several hours. The lady police officer had to face a lot of trouble while filing the chargesheet.

She said that the atmosphere in that place (J&K court) is such that the “fair trial will become impossible. The petition pertains to the transfer of the case from Jammu and Kashmir.”

She pointed out that there have been direct attacks on the counsel for the 8-year-old’s father. She said that even the investigating officer was told to give up on this case.

She also sought interim protection for the family of the child and the counsel.

The CJI said: “Basically the case pertains to victim protection?” To this Jaising agreed, India Legal reported.

The CJI asked: “Suppose, if we transfer the case, will the investigation continue?”

Jaising said various cases have come up wherein the entire investigation is sought to be transferred to the CBI. However, we only demand for the transfer of the trials. The CBI comes in for the investigation only when there is a loophole in the case. The police has a done a god job.

The court also rejected a petition filed by advocate Anuja Kapoor seeking a CBI probe in the case .

The counsel for the respondent submitted that the petition has been filed by the adoptive father. This Jaising objected to, saying that the petition has been filed by the biological father of the child. The letter from the father was submitted before the CJI bench.

A team of five policemen is already with the family of the victim, submits the counsel for the respondents.

Listing the matter for April 27, the bench said that no multiple counsels will be allowed to argue. The CJI made it clear that this matter will pertain only to victim’s family. It’s not a PIL.

India News

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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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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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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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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