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Supreme Court raps Gujarat government over slow trial in rape case against Asaram Bapu

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Supreme Court raps Gujarat government over slow trial in rape case against Asaram Bapu

[vc_row][vc_column][vc_column_text]Asaram has been in jail since August 31, 2013 for allegedly raping a 16-yearold schoolgirl and is facing prosecution under the Protection of Children from Sexual Offences (POCSO) Act. He has also been accused of rape by two Surat-based sisters, a case that is pending trial in Gandhinagar

 Hours before a special CBI court sentenced Dera Sachha Sauda chief Gurmeet Ram Rahim to serve 10 years in prison for allegedly raping two of his followers in 2002, the Supreme Court, on Monday, ticked off the Gujarat government for dragging its feet in the trial of another self-styled Godman – Asaram Bapu – in a rape case that dates back to 2013.

The apex court was hearing a bail plea moved by Asaram, who has been lodged in a jail in Jodhpur, Rajasthan since August 2013. The court, which has rejected several bail pleas moved by the Godman earlier, also questioned the Gujarat government on why the victim in the case had not yet been examined.

“Why is there a delay despite the earlier direction for expeditious trial? Why has the victim not been examined so far…she is the most crucial witness in this case”, a bench of Justices N V Ramana and Amitava Roy said. The Bench, which posted the matter for its next hearing after Diwali, also directed Additional Solicitor General Tushar Mehta, who was appearing for the Gujarat government, to file a progress report in the case by the next date of hearing.

Mehta informed the Bench that two crucial witnesses in the case had been killed while one is missing and 17 others injured in different attacks. He said that the woman will be presented in the court for examination once the government can ensure her safety. The counsel also pointed out that 45 out of 92 material witnesses in the case had been examined so far.

Advocate Saurabh Ajay Gupta, who appeared for Asaram, said that the counsel of the accused have to prove the Godman’s defence for which examination of the victim is important as they will not be able to press for bail until this legal requirement is met with.

The victim’s lawyer, senior advocate Sanjay Hegde, sought speedy trial of the case and said that the court should issue a direction to examine his client beforeSeptember 23, which is the next date of hearing of the case before the trial court.

Asaram, who has been lodged in a jail in Jodhpur, Rajasthan since August 2013, is accused of raping a 16-year-old schoolgirl at his ashram earlier that year. The minor girl, a resident of Shahjahanpur in Uttar Pradesh, had claimed that she was raped by Asaram while staying in his ashram in Manai village near Jodhpur. Asaram faces prosecution under provisions of the stringent Protection of Children from Sexual Offences (POCSO) Act of 2013 based on the girl’s complaint and has been in jail since filing of FIR in 2013.

The 76-year-old Godman is also accused in another case of rape registered in Gujarat which was filed by two Surat based sisters who had accused Asaram and his son Narayan Sai of sexually assault between 2001 and 2006 while they were staying at Asaram’s ashram in Surat. The trial in this case is pending in a court in Gandhinagar.

This is not the first time that the apex court has noted unnecessary delay in the case. On April 12, the court had asked a trial court in Gujarat to expedite the recording of evidence of prosecution in the cases filed by the Surat sisters.

The apex court, on November 18 last year, had also noted that the prosecution witnesses were being attacked and sought the response of the Centre and the five states on a plea seeking a CBI probe into the alleged murders and attacks on witnesses.

On January 30, the court while dismissing his bail plea had observed that a fake document had been submitted in the court to persuade them to grant him bail. The court had then ordered registration of an FIR against those responsible for preparing and filing the alleged fake papers.[/vc_column_text][/vc_column][/vc_row]

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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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