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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]

2024 Lok Sabha Elections

Arvind Kejriwal predicts INDIA bloc will win 300 seats and form next government

Kejriwal was addressing a digital press conference from his residence where he said as different phases of elections are over, it has become clear that on June 4, the INDIA bloc will win and form the next government at the centre.

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Arvind Kejriwal predicts INDIA bloc will win 300 seats and form next government

Delhi chief minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal on Tuesday cited surveys and said the INDIA bloc will win over 300 of 543 Lok Sabha seats and form the next government.  He said the 5th phase of the Lok Sabha elections is over.

Kejriwal was addressing a digital press conference from his residence where he said as different phases of elections are over, it has become clear that on June 4, the INDIA bloc will win and form the next government at the centre. The findings of many surveys show that on June 4, the INDIA bloc is going to get over 300 seats. He added that the INDIA bloc is progressing and is on the way to give a clean and stable government.

The Delhi chief minister addressed the press conference days before Delhi’s all seven Lok Sabha seats are due to go for elections in the 6th phase of voting on May 25. The Aam Aadmi Party, a key constituent of the INDIA bloc, is contesting 4 of the 7 Lok Sabha seats in alliance with Congress. The BJP swept the Lok Sabha elections in Delhi in 2014 and 2019, winning all 7 seats.

Top leaders including Prime Minister Narendra Modi, Yogi Adityanath , Amit Shah (BJP), Kejriwal, and Rahul Gandhi (Congress) have campaigned in New Delhi which is going to end on May 23. Earlier The Delhi Chief Minister had slammed Amit Shah a day after he addressed an election rally in Delhi on Monday. 

He slammed the union Home minister and said not even 500 people attended Amit Shah’s rally. He accused Shah of abusing the people of the country and Delhi. Kejriwal accused Shah of calling AAP supporters as Pakistanis. He said the people of Delhi gave AAP 62 out of 70 [assembly] seats and asked if they were Pakistanis?  

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Pune police arrest father after son’s fatal Porsche crash, restaurant owner also detained

Pune Police Commissioner Amitesh Kumar mentioned that the father was detained from Maharashtra’s Sambhajinagar in the morning and was formally arrested after being brought to Pune.

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Pune police arrest father after son’s fatal Porsche crash, restaurant owner also detained

The Pune police have arrested the father of the juvenile involved in the fatal accident that occurred on Monday morning. The minor was driving a Porsche without a registration number, which crashed into a bike, resulting in two deaths. The authorities have also arrested the owners of two restaurants and a staff member for serving alcohol to minors.

Pune Police Commissioner Amitesh Kumar confirmed that the father of the accused has been arrested after he attempted to evade capture. He mentioned that the father was detained from Maharashtra’s Sambhajinagar in the morning and was formally arrested after being brought to Pune.

Among those arrested were Pralhad Bhutada, owner of Cosie, and Sandip Sangale, owner of Blak Club. The Pune Police Commissioner added that the license holders of two restaurants and one more person were arrested late last night and would be produced in court today.

The minor’s father, a prominent real estate developer in Pune, reportedly manages a famous club and has built a star hotel in addition to several significant projects. The Pune Police have booked the aforesaid people under the Motor Vehicles Act (MVA) and the Juvenile Justice Act (JJA) for failing in their duties as guardians and for allowing the minor to drive without a license.

The Yerawada police arrested the father for permitting the minor to drive, while the restaurant owners and staff were charged for serving liquor to the minor. The Police have invoked sections 3, 5, and 199A of the Motor Vehicle Act, 1988, and sections 75 and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The action was taken after police found that the Porsche, purchased in March, had not been registered. 

Meanwhile, Leader of Opposition in Maharashtra assembly Vijay Wadettiwar demanded a judicial inquiry into the accident. He said that there is a question mark on Pune Police’s investigation, therefore a judicial inquiry should be conducted in this case.

He further pointed out that the police have reported that the alcohol test of the accused in the Pune accident was negative, but the CCTV footage of the accused, who is a minor, is drunk and that the report is raising a question mark on the police investigation.

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Uttarkashi authorities issues order to limit movement of horses and mules on Yamunotri Dham pilgrimage route

The District Magistrate Dr. Meherban Singh Bisht issued an order that the maximum number of horses and mules going from Janki Chatti to Yamunotri and vice versa has been limited to 800.

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Uttarkashi authorities limits movement of horses and mules on Yamunotri Dham pilgrimage route

In an effort to ensure the safety and convenience of piligrims, the district authorities of Uttarkashi have issued an order to curb the movement of horses and mules on the Shri Yamunotri Dham foot pilgrimage route.

The District Magistrate Dr. Meherban Singh Bisht issued an order that the maximum number of horses and mules going from Janki Chatti to Yamunotri and vice versa has been limited to 800. Additionally, the time for their movement is restricted to between 4 a.m. and 5 p.m. The District Magistrate has instructed the relevant departments and officials to promptly execute the above-mentioned orders and see to it that they are followed by all. He has also instructed the relevant department and officials to promptly execute the mentioned order.

On May 19, a significant number of devotees visited the holy sites of Gangotri and Yamunotri Dhams in Uttarakhand. By 2 p.m. on Sunday, approximately 10,000 devotees worshipped at Gangotri Dham, while 28,000 pilgrims were en route to Gangotri. Similarly, at Yamunotri Dham, 8,500 people had worshipped, and 20,000 individuals were progressing along the Yamunotri route from various stops.

The order also imposes a complete ban on the movement of horses, mules, and sticks beyond the Ghoda Padav in Shri Yamunotri Dham. Violators will be punishable under Section 188 of the Indian Penal Code (IPC), as per the DM’s order. This decision was prompted by a joint report submitted by the Barkot’s Sub-District Magistrate, Deputy Superintendent of Police, and Uttarkashi Additional Chief Officer of the District Panchayat. The report emphasized the need for crowd control to safeguard pilgrims, lives, and property.

The Char Dham Yatra, which includes sites like Yamunotri, Gangotri, Kedarnath, and Bedrinath, began on May 10 this year. Uttarakhand witnesses a peak in pilgrimage season during the summers, drawing thousands of devotees to these sacred destinations.

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