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Supreme Court stays trial of Kathua child gangrape and murder case till May 7

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Supreme Court stays trial of Kathua child gangrape and murder case till May 7

The Supreme Court Friday, April 27, ordered a 10-day stay – till May 7 – on the trial in the Kathua child gangrape and murder case.

The court will deal with the prayer of the victim’s father for shifting the trial to Chandigarh and the plea of the accused seeking handing over the probe to CBI.

A bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and Indu Malhotra – who replaces Justice AM Khanwilkar – said it will deal with the prayer of the victim’s father for shifting of trial to Chandigarh and plea of the accused seeking handing over the probe to CBI. The next hearing on matter has been fixed for May 7.

The child from a minority nomadic community – the Bakarwal –  had disappeared from near her home in a village near Kathua in Jammu region on January 10. Her body was found in the same area a week later.

In a stern warning a day before, on Thursday, the apex court had said it would transfer the Kathua gangrape and murder case from the local court in Jammu and Kashmir in the “slightest possibility” of lack of fair trial, saying the “real concern” was to hold proper prosecution.

Earlier, the eight-year-old’s father had moved the apex court, apprehending threat to the family, a friend and their lawyer Deepika Rajawat.

On the other hand, the accused filed a separate plea seeking that the trial in the case be held in Jammu and the probe handed over to the CBI.

During the hearing, the court witnessed heated exchanges between senior advocate Indira Jaising, who appeared for the victim’s family, and advocate Harvinder Chaudhary, who was representing the accused.

Jaising said the case should be transferred to Chandigarh due to its proximity to Kathua and the incidents of obstruction of police personnel by lawyers of the local court, reported The Hindu. She cited as reasons the attempts to intimidate the presiding judge of the court and the heckling of crime branch officials by lawyers, as evident in the affidavit of the Jammu and Kashmir government.

Chaudhary argued her clients do not have faith in police investigation as the police were hand-in-glove with vested interests to falsely implicate the accused while the real culprits were someone else. She said the probe should be handed over to the CBI.

Advocate General Jahangir Iqbal Ganai, along with standing counsel Shoeb Alam, appearing for Jammu and Kashmir, opposed the prayer for a CBI probe and said the special investigation team of the Crime Branch was investigating the case. Ganai said the trial could be shifted from Kathua to some other district in the State as there were 221 witnesses and most of the statements recorded so far were in Urdu, said The Hindu report.

Alam said Jammu and Kashmir had its own penal law and if the trial was shifted to Chandigarh, then it may create several problems.

Additional Solicitor General Maninder Singh, appearing for the Centre, said the government was ready to provide any assistance if required but the call has to be taken by the Jammu and Kashmir government.

The state police’s Crime Branch, which probed the case, filed the main chargesheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua district last week. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.

India News

LPU students protest over reported rape allegation, police call it rumour

Students at Lovely Professional University protested over a reported rape allegation involving a worker, with police describing the claim as a rumour.

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Students of Lovely Professional University (LPU) in Punjab staged a protest after an allegation involving the reported rape of a student by a worker at the university surfaced.

The protest led to disruption around the university, with students taking to the streets and blocking the Jalandhar-Phagwara National Highway, according to the report.

The allegation triggered anger among students, who demanded action over the reported incident.

Police describe rape claim as rumour

Police, however, described the rape claim as a rumour, indicating that the allegation had not been established as a confirmed incident.

The distinction is important because the reported sexual assault allegation should not be treated as a confirmed rape unless investigators or other authoritative sources establish that fact.

The protests nevertheless continued as students sought clarity and action over the issue.

Protest disrupts traffic

The student demonstration also affected traffic on the Jalandhar-Phagwara National Highway. The protest brought attention to the allegations and the concerns being raised by students at the university.

With police calling the claim a rumour, further verification and investigation would be necessary to establish what actually happened.

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INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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