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Supreme Court grants bail to four 2002 Gujarat riot convicts, says conviction debatable

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[vc_row][vc_column][vc_column_text]The Supreme Court on Tuesday, Jan 22, ordered the release on bail of four convicts in 2002 Gujarat riots case of Naroda Patiya, which saw one of the worst massacres, calling their conviction “debatable”.

The convicts, Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod, had been found guilty and sentenced to a 10-year jail term for arson and rioting by the Gujarat High Court on June 25 last year.

The top court also said it is seized of appeals by others convicted in the case, including Babu Bajrangi.

At least 97 Muslims were killed in Naroda Patiya near Ahmedabad on February 28, 2002, which saw one of the worst instances of mob violence when nearly 100 Muslims were slaughtered by a mob of thousands during the communal riots that followed the Godhra train burning in which 59 Hindu train passengers were killed.

In June last year, the Gujarat High Court had sentenced the convicts to 10 years rigorous imprisonment, observing that their punishment must be consistent with the brutality of the crime.

The high court had convicted 16 people, including Babu Bajrangi, and acquitted 18 others, among them former BJP minister Maya Kodnani for want of evidence.

“The court cannot set aside the agony and anguish of the victims… Offences are not against individuals but society at large and has consequences of polarising society,” Gujarat high court had said while convicting them.

“Imposing too lenient a sentence would amount to travesty of justice… Imposition of 10 years of rigorous imprisonment would be adequate punishment,” the court held.

The court further observed that any liberal attitude with respect to such offences would be “counter-productive” and “against the interest of society”.

On Tuesday, a Supreme Court bench headed by Justice AM Khanwilkar granted bail to four convicts on the chief grounds that the High Court verdict of conviction was “debatable” and that they should be released on bail since their appeal would take much time for disposal.

In three bail orders, the Supreme Court has expressed serious doubts over the conviction.

All these accused were held guilty under Section 436 (mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code, along with other provisions relating to unlawful assembly.

The bench released Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput and Harshad alias Mungda Jila Govind Chhara Parmar on bail after imposing ordinary conditions to be laid out by the trial court.

The Supreme Court, while deciding the bail plea, noted that the Gujarat HC had primarily relied upon identification of these convicts by police officials but in some cases, no identification parade was conducted and the appeals raised doubt over their identification in a group of around 15,000 persons.

“Prima facie, we find that the approach of the High court is debatable,” said the bench, while granting bail to Bharwad. It also noted that Bharwad was undergoing treatment for HIV and that he had been on bail during the trial of the case.

Taking up the bail plea by Rajkumar, the apex court noted that the HC convicted him while observing that even in absence of any specific role attributed to the applicant his presence being established, the charge of being a member of the unlawful assembly must hold good.

“Prima facie, we find this approach to be doubtful, especially when the witnesses relied upon by the prosecution are police officials and no identification parade of this applicant was conducted during the investigation by the Police,” noted the bench, granting bail to Rajkumar.

The court further noted that Harshad alias Mungda Jila was sentenced to 10 years in jail. “He has already undergone more than five years of actual imprisonment coupled with the fact that the hearing of the appeal is not likely to take place in the immediate near future. Accordingly, applicant is ordered to be released on bail to the satisfaction of the trial court,” directed the bench.

It also released another convict, Prakashbhai Sureshbhai Rathod, on interim bail between January 28 and February 15 to attend his daughter’s wedding.[/vc_column_text][/vc_column][/vc_row]

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CISF denies security lapse during December 19 Parliament scuffle

CISF Deputy Inspector General (operations) Shrikant Kishore said that there was no lapse on the part of the force. He also clarified that no weapons were allowed.

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CISF denies security lapse during December 19 Parliament scuffle

The Central Industrial Security Force (CISF) on Monday affirmed that there was no security lapse on its part during the scuffle that broke out between NDA and INDIA bloc MPs last Thursday. The CISF was tasked to guard the Parliament House Complex.

Addressing a press conference, CISF Deputy Inspector General (operations) Shrikant Kishore said that there was no lapse on the part of the force. He also clarified that no weapons were allowed.

When asked about the counter-allegations made by the parliamentarians on who pushed whom, Shrikant Kishore said that the force will choose to keep quiet when the MPs make allegations. He also added that the CISF was not conducting any inquiry into the incident that took place at the Makar Dwar of the Parliament House Complex.

Earlier on Thursday, Leader of Opposition in Lok Sabha Rahul Gandhi and other INDIA bloc MPs staged protests in the Parliament complex, demanding an apology and resignation from Union home minister Amit Shah over his remarks about Dr Bhim Rao Ambedkar.

During a face-off with NDA MPs, two BJP MPs Pratap Sarangi and Mukesh Rajput sustained head injuries. Following the incident, the BJP accused Rahul Gandhi of pushing the two lawmakers.

Pratap Sarangi, the 70-year-old MP from Balasore Odisha, claimed that Rahul Gandhi shoved Mukesh Rajput, causing both MPs to fall. Sarangi reportedly sustained injuries to his forehead and knee during the incident. The BJP MPs were later admitted to ICU in Ram Manohar Lohia Hospital. They have now been discharged from hospital.

The Congress strongly denied the claim, alleging that BJP MPs pushed its chief Mallikarjun Kharge and physically manhandled Leader of Opposition in the Lok Sabha Rahul Gandhi.

Reportedly, the Delhi Police registered an FIR against Rahul Gandhi, hours after the BJP filed a complaint, accusing him of physical assault and incitement.

Meanwhile, addressing a press conference on Thursday, Rahul Gandhi narrated that they were going to the House, when the BJP MPs were standing at the gate to stop us. He added that the Home Minister should resign and apologise, and that the government wants to divert attention. 

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Centre scraps no-detention policy for Class 5, 8 students

The official notification stated that if the child appearing in the re-examination fails to fulfil the promotion criteria again, he shall be held back in fifth class or eighth class, as the case may be. 

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Centre scraps no-detention policy for Class 5, 8 students

In a major change in school education, the central government has scrapped the no-detention policy for classes 5 and 8 in schools governed by it. This move will now allow the authorities to fail students who do not clear the year-end exams.

Reportedly, around 16 states and two Union Territories have already done away with the no-detention policy for the two grades after an amendment to the Right to Education Act (RTE) in 2019.

As per an official notification, if the students fail to clear the annual exams, they will be given additional coaching and an opportunity to take a re-exam within two months of the results.

The official notification stated that if the child appearing in the re-examination fails to fulfil the promotion criteria again, he shall be held back in fifth class or eighth class, as the case may be. 

It added that during the holding back of the child, the class teacher shall guide the child as well as the parents of the child, if necessary, and provide specialised inputs after identifying the learning gaps at various stages of assessment.

The government notification also clarified that no child can be expelled by any school until their education is complete. According to the senior Education Ministry officials, the notification will apply to more than 3,000 schools run by the central government, including Kendriya Vidyalayas, Navaodyala Vidyalayas and Sainik Schools.

Reports said that since school education is a state subject, states can make their decision in this regard. Notably, as of now 16 states and 2 UTs including Delhi have done away with the no-detention policy for these two classes. Meanwhile, Haryana and Puducherry have not made any decision yet, while remaining states and UTs have decided to continue with the policy, a senior official said.

Under the aegis of the no-detention policy, even if students failed the annual class 5 or class 8 exams, they were not allowed to be detained in the same class. In case a student failed the final 5th or 8th exams, they would be promoted. This same rule was applicable till Class 8. This amendment has now done away with the policy and students can be detained if they fail the year-end exam.

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Bangladesh requests India’s assistance for Sheikh Hasina’s return amid turmoil

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Bangladesh requests India to facilitate Sheikh Hasina's return amid political crisis

Bangladesh has formally requested India to facilitate the return of Sheikh Hasina, the deposed Prime Minister of the country, who has been residing in India since August 5, 2024. The interim government in Dhaka has sent a diplomatic note to the Indian government, urging the extradition of the 77-year-old leader, who fled Bangladesh following mass protests that led to the downfall of her 16-year-long regime.

Sheikh Hasina, leader of the Awami League, has been living in exile in India since she was forced to leave amid growing political unrest in Bangladesh. In the wake of her departure, the Dhaka-based International Crimes Tribunal (ICT) issued arrest warrants against Hasina, her ministers, advisors, and former military and civil officials, accusing them of “crimes against humanity and genocide.”

Touhid Hossain, the foreign affairs adviser in Bangladesh’s interim government, confirmed the diplomatic communication, saying, “We have sent a note verbale to the Indian government requesting her return for the judicial process in Bangladesh.”

In addition to the note, Jahangir Alam, the Home Advisor, revealed that the government has also sent a formal letter to India’s External Affairs Ministry, emphasizing the need for Hasina’s extradition. He mentioned that there is an existing extradition treaty between the two countries, which could be invoked to facilitate her return.

The diplomatic request comes in the wake of a visit by India’s Foreign Secretary, Vikram Misri, to Bangladesh. During his visit, Misri engaged in candid and constructive discussions with Nobel laureate and Chief Advisor of Bangladesh’s interim government, Muhammad Yunus. Misri also raised concerns over the treatment of minorities in Bangladesh, particularly Hindus, and discussed the increasing tensions between the two countries. According to reports, the issue of Hasina’s stay in India was one of the topics of discussion during Misri’s visit. Yunus reportedly expressed concern over the political statements made by Hasina from her location in India, which have reportedly been exacerbating tensions.

Sheikh Hasina, speaking in a virtual address to Awami League supporters in London, criticized the interim government of Bangladesh and accused Yunus of running a “fascist regime.” She alleged that the new regime under Yunus’s leadership had led to increased attacks on religious minorities and accused the interim government of undermining Bangladesh’s democratic progress. Hasina also lamented the reversal of her administration’s achievements in poverty alleviation, infrastructure development, and the strengthening of democracy.

The political climate in Bangladesh remains fraught with tension as the interim government faces mounting pressure, both domestically and internationally, over its treatment of opposition leaders and political dissent. The unfolding situation continues to capture attention both within Bangladesh and abroad, particularly with regard to the potential return of Sheikh Hasina.

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