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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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Supreme Court questions Centre on inclusion of non-Muslims in Waqf Council

The Supreme Court on Tuesday posed tough questions to the Centre regarding the Waqf Amendment Act, particularly its stance on religious representation and land classification provisions.

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The Supreme Court of India, during a hearing on petitions challenging the Waqf Amendment Act, raised pointed questions to the Central government, specifically regarding the inclusion of non-Muslims in the Central Waqf Council. The bench asked whether a reciprocal arrangement—such as allowing Muslims to be part of Hindu religious boards—would be acceptable.

A bench headed by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Vishwanathan, was hearing 73 petitions questioning the constitutional validity of the amended Waqf Act. The new legislation has been the subject of protests in various regions, mainly due to its redefined provisions, including the controversial concept of ‘Waqf by user’.

At the beginning of the session, the Chief Justice sought clarity from the petitioners on two fronts: whether the case should be sent to a High Court and what specific legal arguments they aimed to raise in the Supreme Court.

Senior Advocate Kapil Sibal, representing one of the petitioners, argued that several provisions of the amended law infringe upon Article 26 of the Indian Constitution, which guarantees the right to manage one’s own religious affairs. He particularly criticized the extensive powers granted to the Collector under the new framework. According to Sibal, the Collector, being a government functionary, cannot also serve a quasi-judicial role, as it undermines the principle of separation of powers.

He also raised objections to the ‘Waqf by user’ provision—where a property may be declared as Waqf based solely on prolonged religious or charitable use, without formal documentation. While the amended Act now exempts disputed or government lands from being automatically classified as Waqf, the clause remains contentious.

The court’s query about the possible inclusion of Muslims on Hindu religious boards drew attention to what it called a lack of parity in religious governance. The top court hinted at the need for a balanced and non-discriminatory approach if religious representation is to be redefined through legislative changes.

The matter continues to evolve, with the Supreme Court yet to decide whether it will take up the entire batch of petitions or refer them to a High Court.

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21 police personnel injured in mob violence during Nashik dargah demolition

21 police officers were injured and 15 people detained after violence erupted during a high court-directed demolition of an unauthorised dargah in Nashik’s Kathe Galli area.

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Police vehicles damaged during Nashik demolition violence

In a violent turn of events during an anti-encroachment drive, 21 police personnel sustained injuries and three police vehicles were damaged in Nashik’s Kathe Galli area late Tuesday night. The incident occurred when a mob resisted the demolition of the unauthorised Satpeer Baba Dargah, which was being removed in compliance with a Bombay High Court directive.

Police resort to teargas and lathi-charge to restore order

According to Nashik Police Commissioner Sandeep Karnik, the situation escalated when a large crowd assembled at Usmania Chowk to oppose the dargah’s removal. The trustees of the religious structure had already begun the process of dismantling the structure earlier that night, but the gathering quickly turned violent, with stone-pelting directed at police and community leaders attempting to calm the crowd.

To disperse the mob, police deployed mild force, including lathi-charge and teargas shells. Despite the violence, authorities brought the situation under control by early morning, and the dargah was successfully removed around 6 am on Wednesday.

15 detained, 57 motorcycles seized; FIR process underway

Deputy Commissioner of Police Kirankumar Chavan confirmed that 15 individuals have been detained in connection with the violence. Additionally, 57 motorcycles believed to belong to suspects have been seized. An FIR is being filed against those responsible for the attacks.

Nearly 50 municipal personnel from the Nashik Municipal Corporation (NMC) participated in the demolition, aided by four excavators, six trucks, and two dumpers. Civic officials stated that the drive was a continuation of previous actions taken in February, during which several unauthorised structures around the dargah were removed.

Tensions over the site

The Satpeer Baba Dargah had been at the center of local controversy, with some residents and members of Hindu outfits previously demanding its removal, claiming it was an illegal structure. Nashik Central MLA Devyani Pharande had also raised concerns, stating that earlier demolition efforts were incomplete and that the site should be entirely cleared.

As of now, police officials report that the situation in the area remains peaceful and under control.

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National Herald row reignites BJP-Congress face-off amid ED chargesheet

BJP has reignited its attack on the Gandhi family, accusing them of a corporate conspiracy in the National Herald case, while Congress dismisses the ED action as a political vendetta by the Modi government.

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A political slugfest has erupted once again between the Bharatiya Janata Party (BJP) and the Congress following the Enforcement Directorate’s (ED) chargesheet naming Sonia Gandhi and Rahul Gandhi in the alleged money laundering case tied to the now-defunct National Herald newspaper. The BJP has termed the case a textbook example of “corporate conspiracy,” while the Congress has decried the move as an act of “political vendetta” by the Narendra Modi-led central government.

BJP questions Gandhi family’s property acquisition through Young India Ltd

Senior BJP leader Ravi Shankar Prasad, addressing a press briefing, accused the Congress of orchestrating a corporate arrangement to transfer property into the Gandhi family’s hands. He highlighted that in 2008, after the National Herald ceased publication, the Congress gave ₹90 crore to Associated Journals Limited (AJL), the newspaper’s publisher — a transaction he claims violates the norms as political parties are barred from funding private entities.

AJL reportedly failed to repay the loan, after which a non-profit entity, Young India Limited (YIL) — in which Sonia and Rahul Gandhi each hold a 38% stake — acquired the company’s shares and, by extension, its properties across several Indian cities. Mr. Prasad questioned YIL’s charitable work and highlighted that a token amount of ₹50 lakh was paid to AJL before the remaining loan was written off.

“This is the Gandhi model of development,” Prasad said, alleging that the arrangement enabled the Gandhi family to take control of property worth thousands of crores.

BJP expands attack to Robert Vadra

The BJP leader also took aim at Priyanka Gandhi Vadra’s husband, Robert Vadra, citing alleged irregularities in land transactions. “Another member buys land for ₹3 crore and sells it for ₹58 crore. The country should learn from this Gandhi model,” he remarked sarcastically.

Congress fights back, terms case a political smokescreen

The Congress has launched protests across the country in response to the BJP’s remarks and the ED’s chargesheet. Senior leader Pawan Khera likened the current actions to pre-Independence times, stating, “Back then, the British hated National Herald, the Gandhi family and the Congress — today the RSS has taken that place.”

Calling the case baseless, Congress leader Sachin Pilot said, “There has been no exchange of funds or transfer of property rights. This case is politically motivated, and the Modi government is attempting to silence the voice of the Opposition.” He affirmed that the party has full faith in the judiciary and will fight the case legally.

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