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Unnao case: CJI Gogoi to take up rape victim’s letter tomorrow; Supreme Court registry under lens again

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By Rajesh Sinha

The role of Supreme Court registry is under a lens again for failing to put up to Chief Justice of India Ranjan Gogoi a letter from Unnao rape victim apprehending threat to her life.

Learning of the letter from reports, CJI Gogoi, taking suo motu cognisance, said he will hear the matter tomorrow, Thursday, Aug 1. The CJI assured that a judicial order would be passed to ensure the safety and better conditions for the rape survivor, said media reports. 

Calling it a “highly volatile situation”, CJI Gogoi said he was informed about the letter only on Tuesday (July 30). The CJI asked why the court registry had not brought the letter to his attention.

 “The letter has not been placed before me and newspapers flashed that CJI did not act,” Justice Gogoi said.

The letter written on July 12 came to light almost two days after a truck collided with their car on July 28. The collision, which happened near Rae Bareli, claimed the lives of two of the aunts of the victim. One of them was a key witness in the rape case in which the prime accused is a four-time BJP MLA from UP’s Bangermau, Kuldeep Singh Sengar. He was arrested last year in April.

In the letter, the rape survivor’s family complained that they were facing threats and intimidation from henchmen engaged by the accused and pleaded for providing adequate security. The letter stated that it was annexing a video-recording of the criminal intimidation and the photographs of the aggressors.

On Sunday, July 28, a truck rammed into the car in which the rape survivor was travelling near Rae Bareilly, killing her two aunts and leaving her and her lawyer critically injured.

Chief Justice of India Ranjan Gogoi is understood to have sought a report from the Supreme Court registry regarding the delay in forwarding the letter sent by family of Unnao rape survivor seeking protection from threat. 

This is not the first instance of the questions arising about Supreme Court registry’s role. Several other instances were reported this year itself.

Delay in issuing notice on petition by rape survivor’s mother

A report in The Telegraph said that the SC registry had also delayed issuing notice to Kuldeep Singh Sengar in the petition filed by the rape survivor’s mother seeking transfer of trial of the case from Unnao to Delhi citing intimidation from the accused.

The bench of Justices SA Bobde and Abdul Nazeer had issued notices to the CBI and 14 respondents, including the BJP MLA on April 16. In the normal course, the matter ought to have been listed after four or six weeks. But in this case, it had not come up for hearing till date, The Telegraph reported.

The Supreme Court registry staff had not sent copies of the notice issued by the bench in April until June 28, the Telegraph report suggested.

Ideally, the copies should have reached all the respondents by registered post within a week or 10 days.

A report in The Hindustan Times said the notices were sent by the Supreme Court registry only on June 26, over two months after the court order. The report said that according to the mother’s lawyer, RK Reddy, the matter has not been listed since then.

According to an office report of the Supreme Court registry prepared on July 26, four suspects are yet to receive the court notice as the addresses given in the petition are “insufficient,” the HT reported,

None of the respondents, including the CBI, has so far filed any response to the plea to transfer the case, said The Telegraph. Notices could not be served by the registry on two of the accused apparently because their addresses could not be tracked by the postal department.

In the transfer petition, the mother had detailed how her husband died in custody and the relentless threats the family was facing to pressure them to withdraw the allegations against the BJP legislator.

SC decides to depute CBI, police officers to keep tab on wrongdoings in registry

Earlier this month, on July 8, CJI Gogoi, in his administrative capacity as head of the judiciary, taking note of allegations of listing of cases out of turn before various benches of the apex court, decided to appoint senior superintendents of police and superintendents of police from the CBI and Delhi Police to keep a tab on suspect listing of cases and other activities of employees and lawyers.

Also Read: Unnao rape: Murder case against BJP MLA Sengar and others after rape victim’s car crash

Recently, two members of the court staff were dismissed by the chief justice on the allegation of changing an order in a case related to an industrialist.

The apex court has also appointed a one-man enquiry panel after lawyer Utsav Bains made a sensational allegation that middlemen were active in getting cases listed as per their own wishes. The panel is headed by former Supreme Court judge Justice AK Patnaik.

However, just a week after this, another instance cropped up on July 15 and the CJI came down heavily on the Registrar (Listing) over the deletion of a matter against specific directions.

In the morning, an Advocate pointed out that her matter which had been listed for Tuesday after being ‘mentioned’ on Friday happens to have been omitted from the causelist.

Dates for hearing Rafale deal review plea and contempt case against Rahul Gandhi

In May, a Supreme Court bench led by Chief Justice Ranjan Gogoi had deferred a plea seeking review of its December 2018 judgment in the Rafale deal case to May 10 – because the Supreme Court registry had not tagged it along with the hearing on the contempt case against Congress president Rahul Gandhi, as specifically ordered by the court. 

Also Read: Unnao case: CBI books BJP MLA Kuldeep Sengar, 10 others for attempt to murder

The Supreme Court registry had on its own listed it for a separate hearing instead.

On April 30, CJI Gogoi-led bench had dictated its order in open court that the two cases be listed for hearing on Monday, May 6. But in the copy of the order uploaded on the website of the Supreme Court, the two cases were to be listed separately: review petition on May 6 and contempt case on May 10, a day before the court recesses for summer vacation.

Tampering with order to exempt Anil Ambani from personal appearance in Ericsson contempt plea

On January 7, the apex court had turned down a request from industrialist Anil Ambani lawyers seeking exemption from his personal appearance in a contempt plea moved by Ericsson India against him. 

Justice Nariman’s order was: “…personal appearance of the alleged contemnor(s) not dispensed with”.

However, when the order was uploaded on the website it read: “personal appearance of the alleged contemnor(s) dispensed with”.

This had been brought to the Court’s notice by Ericsson counsel and a corrected order was uploaded on the website on January 10.

After a preliminary inquiry, it was found that the omission of the word “not” in the order was not accidental. The two employees found responsible were sacked in an order passed by the CJI.

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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India News

PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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India News

Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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