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SC orders new SIT to probe 186 cases linked to 1984 anti-Sikh riots

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SC orders new SIT to probe 186 cases linked to 1984 anti-Sikh riots

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SIT to comprise of a retired High Court Judge and two police officers – one former and one serving, names to be decided by SC on January 11

Nearly 34 years after over 3000 people, mostly Sikhs, were killed in the communal pogrom that engulfed Delhi and other parts of the country following the assassination of then Prime Minister Indira Gandhi on October 31, 1984, the Supreme Court on Wednesday (January 10) ordered a fresh probe in 186 cases linked to the massacre.

A Bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud decided to set up a new Special Investigation Team (SIT) – to be monitored by the Supreme Court – headed by a former High Court judge to independently probe 186 cases related to the anti-Sikh riots that broke out in Delhi. These cases were not investigated by a SIT that had earlier been constituted by the central government to investigate the 1984 anti-Sikh riots.

While details of who will be part of this newly-ordered SIT are yet to be finalised, the Bench said that the probe team will also comprise two senior police officers, one serving and the other retired (not below or who is equivalent to the rank of an inspector general).

The names of the members of this proposed SIT are expected to be finalised on January 11 when the Supreme Court hears the matter next. On the Centre’s insistence, the Bench has agreed to consider names suggested by Additional Solicitor General Pinky Anand (on behalf of the government) and senior advocate HS Phoolka (on behalf of the riot victims), for being nominated to the SIT.

While observers may wonder about the rationale behind or the effectiveness of constituting an SIT to investigate the cases after nearly 34 years of the killings, the Supreme Court has held: “Regard being had to the nature of the cases, we think it appropriate that a fresh SIT be constituted for carrying on further investigation.”

The Chief Justice brushed aside reservations expressed by the parties in the case over the maintainability of such an SIT – on an earlier occasion a similar probe had been quashed following objections being raised over alleged judicial overreach in carrying out investigations – saying: “That is history.”

On December 11 last year the Supreme Court had received the confidential report filed by an apex court-appointed supervisory committee of two former SC judges, Justices KS Radhakrishnan and JM Panchal. The two-member committee had looked into 241 cases linked with the anti-Sikh riots which had been closed by the Centre-appointed SIT. The supervisory committee had reportedly recommended that 186 of these 241 cases needed to be re-examined and it is these cases that the newly-proposed SIT will now look into afresh.

A total of 3,325 people were killed in the 1984 riots. Of these, as many as 2733 deaths were reported from the national capital alone while Uttar Pradesh, Haryana, Madhya Pradesh, Maharashtra and other states accounted for the rest.

In February 2015, the Prime Minister Narendra Modi-led NDA government had set up a SIT, following a recommendation by the Union home ministry-appointed Justice (retd.) GP Mathur committee, which had suggested a centre-monitored probe in several of the anti-Sikh riots cases. The Centre’s SIT was headed by senior IPS officer Pramod Asthanaand comprised of retired district and sessions judge Rakesh Kapoor and then additional deputy commissioner in the Delhi police Kumar Gyanesh as its members.

The SIT had, among other cases, also looked into the high-profile complaints filed against Congress veterans Sajjan Kumar and Jagdish Tytler. It had questioned Sajjan Kumar – a former MP – on three occasions on allegations that he had personally participated in the riots and instigated a mob in Delhi’s Janakpuri area on November 1, 1984. The case against Sajjan Kumar, still awaiting judicial closure, was connected to the killing of two Sikhs — Sohan Singh and his son-in-law Avtar Singh – during the riots.

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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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