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SC blow to Advani, Joshi, Bharti

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SC blow to Advani, Joshi, Bharti

[vc_row][vc_column][vc_column_text]Kalyan Singh will be tried, too, in the Babri demolition case, after he loses immunity as governor

By Sujit Bhar

The Supreme Court on Wednesday (April 19) struck a major legal and political blow to the entrenched old guard of the Bharatiya Janata Party (BJP), when it ordered that leaders such as Lal Krishna Advani (who has been informally proposed to be the next President by Prime Minster Narendra Modi), Murli Manohar Joshi and Uma Bharti be brought back in the dock as accused in the 1992 (December 6) Babri Masjid demolition case.

Not only that; the top court of the country also ordered that Kalyan Singh, who was chief minister of Uttar Pradesh when the mosque was brought down by ‘kar sevaks’ and who is now Governor of Rajasthan, will enjoy immunity from prosecution only as long as he holds that post. He will also join the rest of the accused in the dock when his term as governor ends. If he completes his full term, he will be up for prosecution in late 2019.L K Advani UNI

Technically, this time period is a little over the two-year time frame that the Supreme Court has decided upon, to finish the case in a time-bound manner, with day-to-day hearings. However, those are details that remain as variables and could change with time.

The order, issued by the bench of Justices Pinaki Chandra Ghose and Rohinton Fali Nariman, also states that the two cases, now being heard in a court in Rae Bareily and another court in Lucknow, will be clubbed together and be heard in Lucknow. While the Rae Bareily court was dealing with the involvement of the said leaders, the Lucknow court was hearing petitions against “unknown” kar sevaks.[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1492593690307{background-color: #e0e0e0 !important;}”][vc_column][vc_column_text css=”.vc_custom_1492593743241{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;background-color: #e0e0e0 !important;}”]SECTION 120B OF THE INDIAN PENAL CODE

The application of the section depends on the reading by the courts. The punishment can finally be light, but the very act of including 120b in the chargesheet implies that even leaders of the category of Advani and others can be tried as common accused.

120B. Punishment of criminal conspiracy:

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The enormity of the Supreme Court’s decision lies in the application, yet again, of the Indian Penal Code’s Section 120b on the leaders, which pertains to criminal conspiracy (See BOX). While a trial court had included their names in the chargesheet, the Allahabad High Court had later acquitted the leaders on technical grounds. This order of the Supreme Court, effectively nullifies that high court order.

This order of the apex court comes in reply to a CBI petition, asking for reinstatement of the leaders in the chargesheet, challenging the high court order.

Kalyan singhThe act of demolition of the 16th century mosque had resulted in widespread communal riots across the country, with hundreds killed. The CBI contends that these leaders, led by the now 89-year-old Advani, were responsible for fomenting trouble and bringing down the mosque, creating massive communal disharmony.

Here are the other parts of this historic order by the SC:

  1. No adjournment shall be given on any ground.
  2. Sessions court to complete trial within 2 years.
  3. No transfer of judge until the proceedings are completed.
  4. Day-to-day hearing.
  5. No de novo
  6. The Sessions judge can approach SC whenever it feels that the order is not complied in letter and spirit.

[/vc_column_text][/vc_column][/vc_row][vc_row css=”.vc_custom_1492593690307{background-color: #e0e0e0 !important;}”][vc_column][vc_column_text css=”.vc_custom_1492593889546{margin-top: 10px !important;margin-right: 10px !important;margin-bottom: 10px !important;margin-left: 10px !important;border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;background-color: #e0e0e0 !important;}”]Will not quit: Bharti

Uma Bharti UNIThe 57-year-old Uma Bharti, Cabinet Minister for Water Resources, River Development and Ganga Rejuvenation, who has also been brought back to the accused list in the Babri demolition case by the Supreme Court, said on April 19 that come what may she won’t resign as minister. She said she was “ready to go to jail.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Political fallout

Murli Manohar joshi UNITechnically, this will not affect the current generation of leaders of the BJP. If anything – as experts have elucidated earlier – the current dispensation will, technically, be free of the overarching presence of ideologues from the past.

The method of letting the old out to ‘vanavas’ probably resonates with the current dispensation’s thought process.  It is not sure, though, if this thought process would filter down to even newer generations within the party, with probably one day even Modi being let loose in front of Godhra riots hearings.

For the time being, though, it is a major loss of face for the BJP. It has to calibrate its response carefully to this judgement.

(Written with inputs from India Legal team)[/vc_column_text][/vc_column][/vc_row]

India News

Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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India offers forensic DNA support to identify Nepal flood victims

India will make forensic laboratory facilities available for DNA profiling of first-degree relatives of people missing after Nepal’s August 26 flash floods.

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India has offered forensic laboratory support to help identify people who remain missing after the devastating flash floods in Nepal.

The Ministry of External Affairs (MEA) said central and state forensic laboratories in India will make their DNA profiling facilities available for first-degree biological relatives of people missing after the August 26 flash floods in Nepal.

DNA samples can be provided by relatives in India

According to the MEA, first-degree biological relatives living in India can have their biological samples collected and DNA profiles prepared.

The relatives can include a person’s father, mother, son, daughter or sibling. DNA profiling can be carried out at Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs), laboratories of the National Forensic Sciences University (NFSU), and NABL-accredited laboratories with DNA profiling capabilities.

The initiative is intended to support Nepal’s ongoing process of identifying mortal remains recovered after the flash floods.

DNA profiles to be compared with unidentified remains

The MEA said the DNA profiling may use Autosomal STR DNA profiling, as advised by Nepal Police, subject to the technical requirements communicated by the Nepali authorities.

Once prepared, DNA profiles and the preliminary information required by Nepalese authorities can be sent to Nepal Police by email for comparison with DNA profiles obtained from unidentified mortal remains.

The Indian Embassy in Kathmandu will also facilitate coordination, with copies of the DNA profiles to be shared with the embassy for this purpose.

Nepal flood death toll rises

The death toll from the flash floods has risen to at least 1,259, according to Nepalese authorities, after rescue workers recovered additional bodies from affected areas.

More than 12,000 people have been rescued, while around 5,000 people remain missing as search and rescue operations continue.

The flash floods, which followed an ice-rock avalanche near the Nepal-Tibet border, caused extensive destruction across towns and villages in northern and central Nepal.

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PM Modi hails ISRO after successful GSLV-F17 launch, calls it proud moment

PM Modi congratulated ISRO after GSLV-F17 successfully launched EOS-05, calling the achievement a proud moment for India.

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Prime Minister Narendra Modi on Friday congratulated the Indian Space Research Organisation (ISRO) after the successful launch of the GSLV-F17 rocket carrying the EOS-05 Earth observation satellite, describing the achievement as a proud moment for the nation.

The GSLV-F17 lifted off at 2:55 a.m. IST from the Satish Dhawan Space Centre in Sriharikota, Andhra Pradesh. The EOS-05 satellite was subsequently placed into its designated sub-geosynchronous transfer orbit.

PM Modi praises ISRO’s growing capabilities

In a post on X, PM Modi said the successful mission reflected the excellence, innovation and expanding capabilities of India’s space sector.

He also highlighted the growing partnership between ISRO and Indian industry, saying it was strengthening India’s space programme and expanding capabilities across the wider space ecosystem.

The prime minister described the successful launch of GSLV-F17 carrying EOS-05 as another outstanding achievement by ISRO and a matter of national pride.

EOS-05 strengthens earth observation capabilities

According to the report, EOS-05 is India’s first-ever imaging satellite from geosynchronous orbit. The satellite is designed to provide continuous observation of the country from an altitude of nearly 36,000 km above Earth.

The mission is expected to strengthen India’s earth observation capabilities and support advanced imaging and observation applications.

ISRO Chairman Dr V Narayanan expressed satisfaction with the mission, saying the satellite was precisely injected into its intended orbit.

Mission Director Thomas Kurian described the launch as a significant milestone for the GSLV programme. He said it was the 19th flight of the GSLV and noted that EOS-05 is the heaviest satellite the launch vehicle has placed into a geosynchronous transfer orbit or sub-GTO orbit.

GSLV-F17 launch vehicle details

The GSLV-F17 stands 51.7 metres tall and has an approximate liftoff mass of 420.5 tonnes.

Science and Technology Minister Jitendra Singh also congratulated the ISRO team following the successful mission. He described EOS-05 as a state-of-the-art Earth observation satellite capable of advanced imaging across visible, infrared, multispectral and hyperspectral bands.

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