BeyondHeadlines

Tag: Supreme Court

  • Center to Decide on Seeking Review of Recent SC Ruling on Disbanding Salwa Judum

    Center to Decide on Seeking Review of Recent SC Ruling on Disbanding Salwa Judum

    BeyondHeadlines News Desk

    New Delhi: The centre will in the next few days decide if it will seek a review of the recent Supreme Court ruling on disbanding Salwa Judum and disarming tribals deployed as Special Police Officers (SPOs) in operations against Maoists, home minister P Chidambaram said on Wednesday.

    Replying to supplementaries during Question Hour in Rajya Sabha, Chidambaram said his ministry, in consultation with the Law Ministry, is examining directions to the central government in the apex court ruling on Salwa Judum.

    He said the “very elaborate” Supreme Court ruling gave directions on where SPOs can be engaged and where they cannot. The court also gave directions to Chhattisgarh government as well as the Centre.

    “This judgment has far reaching implications. We have to approach this matter with due caution and care,” he said.

    Asked if central government has decided to seek a review of the decision, he said, “We will take a decision (on it) in the next few days.”

    The Chhattisgarh government has promulgated an ordinance to absorb the SPOs posted in Maoist areas into the regular police force. The Chhattisgarh Auxiliary Armed Police Force Ordinance, 2011 “is within the legislative powers of the State of Chhattisgarh,” the minister said.

    The ordinance dealt with one part of the judgment and the larger issue raised was under consideration of the home ministry.

    “A direction has also been given by the Supreme Court to the central government to cease and desist, forthwith, from using any of its funds in supporting, directly or indirectly, the recruitment of SPOs by the state governments for operations against the naxalites,” he said.

    Government of India is examining those directions (to the central government) in consultation with law ministry,” Chidambaram said.

    The home minister said SPOs are engaged in nine states, including Jammu and Kashmir, under a long-standing arrangement.

    The court had on July 5 directed Chhattisgarh government to immediately cease and desist from using SPOs against naxalite activities in the state and recall all firearms issued to them.

    “I am sure authorities or agencies who have been issued directions will carry out those directions,” he said.

    The Chhattisgarh ordinance provides for raising an auxiliary armed police force battalion to absorb the SPOs in the regular force. Chhattisgarh has roughly 5,000 SPOs.

    The Supreme Court has held the appointment of SPOs by the state of Chhattisgarh to perform any of the duties of regular police officers, other then helping people in relief measures during the disaster situations and facilitating orderly movement of people and vehicles to control and regulate traffic, to be unconstitutional.

    Chidambaram said Rs 2,500 crore was allocated for development of Naxal-violence affected districts in 2010-11 and Rs 3000 crore in 2011-11. “In all the affected districts, a very large number of works have been taken up and completed.”

  • Supreme Court Seeks Gujarat Govt’s Response to Bhatt’s Plea on Case Transfer

    Supreme Court Seeks Gujarat Govt’s Response to Bhatt’s Plea on Case Transfer

    BeyondHeadlines News Desk

    New Delhi: The Supreme Court today sought the Gujarat government’s response to a plea by IPS officer Sanjiv Bhatt, who had accused Chief Minister Narendra Modi of misusing state machinery against Muslims during the 2002 post-Godhra riots, for transferring a criminal case against him outside the state, PTI reported.

    The plea pertained to an FIR lodged by a Gujarat State police constable in Ahmedabad alleging that Bhatt had pressurised him to sign an affidavit testifying that the officer participated in a high-level meeting after the Godhra carnage in which Bhatt had alleged he witnessed the chief minister’s anti-Muslim bias.

    A bench of justices Aftab Alam and R.M. Lodha asked the Gujarat government and the centre to file their replies on Bhatt’s plea by August 8, the next date of hearing.

    In an affidavit to the Supreme Court, Bhatt had alleged that he had attended a crucial meeting convened by the chief minister on February 27, 2002, after the Godhra incident, in which Modi had instructed senior government officials to allow Hindus to “vent out their anger” during the clashes and wanted Muslims to be “taught a lesson.”

    The Supreme Court, however, had declined to take Bhatt’s affidavit on record.

    Gujarat State police constable K.D. Pant had later filed a complaint against Bhatt, accusing him threatening him and making him sign a false affidavit regarding the officer’s participation in the crucial meeting convened by Modi.

    The registration of the case against Bhatt came as questions were raised by the state government officials that Bhatt was still a superintendent-rank police officer and was not senior enough to attend the high-level meeting attended by top government officials.

    Following the complaint by Pant, who had worked under Bhatt during the 2002 riots, the Ghatlodia police in Gujarat had registered an FIR against the officer on charges of threatening a public servant, fabricating false evidence and wrongful confinement.

    Bhatt, in his affidavit filed in the Supreme Court, had alleged complicity of Modi in post-Godhra riots and had also stated that Pant, who knew about the chief minister’s meeting, was threatened with dire consequences and arrest by the Special Investigation Team (SIT) probing some of the 2002 riot cases on the directions of the Supreme Court.

    He had further alleged Pant was virtually treated like an accused by the SIT during his questioning on April 5, 2011.

  • SC Refuses to Share Copy of Amicus Curiae Report with Gujarat Govt

    SC Refuses to Share Copy of Amicus Curiae Report with Gujarat Govt

    BeyondHeadlines Staff Reporter

    New Delhi: The Supreme Court yesterday dismissed Gujarat government’s plea to give it a copy of the report on the alleged role of Gujarat Chief Minister Narendra Modi in the killing of Congress MP Ehsan Jaffri, during the post Godhra-riots, in Ahmedabad, in 2002.

    The report has been prepared by a senior advocate, who examined Modi and others alleged involvement in Jaffri’s killing.

    Senior advocate Raju Ramachandran submitted a report before a three-judge special bench after taking an “objective” view of the evidence adduced by the Special Investigation Team (SIT) headed by former CBI director R K Raghvan in the riots cases.

    Senior advocate Ranjit Kumar, representing Gujarat government, sought a copy of the report saying that the state government needed to know the contents as allegations were made against certain persons for failing to fulfill their duty.

    The bench, comprising Justices D K Jain, P Sathasivam and Aftab Alam, however, did not allow the plea of the state government, saying that they wanted to keep it confidential and would pass appropriate directions based on the findings of the report.

    “It is an elaborate report. The amicus curiae have tried to cover all aspects. We have read it. We will pass certain directions. We are keeping it confidential.

    We will pass order and indicate future course of action,” the bench said. The apex court also declined a similar plea of Raghvan to get the copy of the said report. Meanwhile, the Supreme Court took on record two reports of April 24 and May 20 filed by the SIT on the progress of the nine cases.

    Harish Salve, appearing also as amicus curiae, said trial in all the cases was proceeding satisfactorily and was nearing completion except the one relating to Naroda Patiya.

    The SIT had placed its report in a sealed cover before the Court on April 25. The Court had on March 15 asked the SIT to probe the complaint filed by Ehsan Jafri’s wife Jakia Ahsan alleging that Modi, top politicians, bureaucrats and police officers had played a key role in the post-Godhra riots, in which her husband was also burnt alive by rampaging mobs in Gulbarg Society.

    It had earlier on May 5 declined to take on record an affidavit filed by controversial IPS officer Sanjiv Bhatt, alleging that Modi had instructed officers during a meeting on February 27, 2002, to allow Hindus “to vent their anger” during the riots and he wanted Muslims to be “taught a lesson”.

     

  • Report on Modi’s Role in Gujarat Riots Handed Over to SC

    Report on Modi’s Role in Gujarat Riots Handed Over to SC

    BeyondHeadlines News Desk

    New Delhi: A report on the role of Gujarat Chief Minister Narendra Modi in the 2002 riots in the state has been evaluated in a report presented to the Supreme Court today. The detailed report will stay confidential for now, the apex court said.

    The report is based on the case filed against Modi by Zakia Jafri, whose husband, Ehsan Jafri, was burnt alive in the communal riots that left more than 1,200 people dead.

    Mrs Jafri has said that Modi and several of his ministers were among 62 people who colluded to ensure that those being attacked during the riots did not receive help.

    In May, the Supreme Court asked Senior Advocate Raju Ramachandran to conduct extensive analysis and review of the evidence gathered on the riots by a Special Investigation Team (SIT) that had also been appointed by the court. This team questioned Modi for several hours about the riots. The SIT report was handed over to the court in May 2010.

    Among those who Ramachandran has reportedly met during his inquiry is senior police officer Sanjiv Bhatt who claims that he attended a meeting called by Modi just as the riots were erupting. Bhatt says that Modi asked police officers to ignore the riots. He also claims that Modi said that minorities were going to be taught a lesson.

    Bhatt claims that at the meeting with a group of about eight police officers on February 27, 2002, Modi “further impressed upon the gathering that for too long the Gujarat police had been following the principle of balancing the actions against Hindus and Muslims while dealing with communal riots in Gujarat. This time the situation warranted that ‘the Muslims be taught a lesson to ensure that such incidents do not recur ever again.’ The chief minister expressed the view that the emotions were running very high among the Hindus, and it was imperative that they be allowed to ‘vent out their anger’.”

    Other police officers who were at that meeting have said Bhatt was not present.

  • SC Rejects Plea of 50 Gujarat Bomb Blast Accused

    SC Rejects Plea of 50 Gujarat Bomb Blast Accused

    BeyondHeadlines News Desk

    New Delhi: The Supreme Court today rejected the plea of more than 50 accused in the 2008 Gujarat serial bomb blasts that the trial in the BJP-ruled state could not be held in a free and fair manner because of the surcharged communal atmosphere in the aftermath of the 2002 Godhra massacre, PTI reported. More than 56 people were killed in the explosions.

    Dismissing the plea, a bench of Justices Altamash Kabir and Cyriac Joseph said: “Things have considerably ‘settled down’ after the Godhra killings and hence, the claim of the accused that the trial could not be held in a fair manner was mere apprehension.”

    It, however, granted liberty to the accused to move the court again if and when there were genuine apprehensions of the trial being held in a vitiated atmosphere.

    The apex court had earlier in 2009 stayed the trial against the accused after the latter sought transfer of the cases outside the state on the ground that the prosecution and the investigating agencies were totally biased in favor of the ruling party.


  • Apex Court Issues Notice to Govt Seeking Response on Eviction of Baba Ramdev Within 2 Week

    BeyondHeadlines News Desk

    New Delhi: In a major development, the Supreme Court today issued notice to the government on the police crackdown on protesting Baba Ramdev. Taking suomoto cognizance of Baba’s eviction by the government, the apex court gave the government two-week notice to respond.
    An advocate today knocked the door of the highest judicial body of the country seeking a direction to the government to issue a white paper on the entire episode leading to the eviction of Ramdev and the alleged barbaric police action early today against his followers at the Ramlila Grounds.
    The petition filed by Ajay Agarwal said in the white paper the government should explain the entire sequence of events, details of negotiations and the so-called deal between the government and Ramdev.
    The petition, moved before Additional Registrar Vinod Kumar who is the vacation officer, sought a direction to the Ministry of Home Affairs, the Intelligence Bureau and Delhi Police to produce the entire records leading to the action.
    The advocate has sought the production of these records with in 24 hours.
    The additional registrar asked Agarwal to mention the petition tomorrow before a vacation bench comprising justices B S Chauhan and Swantanter Kumar at 10:30 am for hearing.
    The petition has also sought direction to the government to restrain its ministers — Kapil Sibal , Subodh Kant Sahay and Pawan Kumar Bansal — from making any statement, justifying the midnight swoop which is leading to provocation among the public.
    In the petition, Agarwal has named Prime Minister Manmohan Singh, Home Minister P Chidambaram, Sibal, Bansal, Tourism Minister Subodh Kant Sahay, Cabinet Secretary K M Chandrasekhar, Home Secretary G K Pillai, IB Chief Nehchal Sandhu and Delhi Police Commissioner B K Gupta as respondents.
    In the petition, the advocate has alleged that the forceful eviction of Ramdev and the use of force against his followers was against the fundamental rights guaranteed under Article 14,19 and 21 of the Constitution.
  • Late-Night Crackdown at Baba Venue, Police Fire Tear Gas, Take Ramdev out of Ramlila grounds

    Late-Night Crackdown at Baba Venue, Police Fire Tear Gas, Take Ramdev out of Ramlila grounds

    SANJAY K. JHA AND PHEROZE L. VINCENT

    New Delhi: Baba Ramdev was taken out of Ramlila grounds in a late-night crackdown by police who fired tear gas and dismantled the stage at his protest venue, hours after the Centre accused the yoga practitioner of reneging on a deal to call off his fast.

    Around 3am, Ramdev’s whereabouts were unclear but the Delhi police commissioner said he had been taken to a safe place. Police sources said he would be taken out of Delhi. But the government clarified that he had not been arrested. Section 144 was imposed in the area.

    Earlier, Ramdev’s supporters formed a human chain around him. The police fired tear gas as the crowd threw stones.

    The police were reported to have withdrawn permission for Ramdev’s yoga camp.

    At 7pm, minister Kapil Sibal had held a news conference and released a written undertaking given by Ramdev yesterday to end his protest. Sibal then issued a veiled warning: “If we can reach out, we can also rein (him) in.”

    If the tactic was to pressure Ramdev into honouring his commitment, it didn’t work. Aware that his protest might now appear discredited as a mere show, the Baba toughened his stance before a crowd of 30,000 and refused to ever again talk to Sibal, the government’s key negotiator.

    “We kept calling him since afternoon but the expected announcement didn’t come. We now learn there was some misconception on black money,” Sibal later said.

    Sibal added: “We have said a committee will be formed to frame a law to declare illegally gotten money as a national asset. He thought we are only making a committee, not making the law. We will give him in writing that a law will be made if he wants.”

    That clarification was given to Ramdev in writing tonight before the police arrived.

    A PTI report said Ramdev had admitted yesterday’s deal with the government but claimed he had wanted to continue the fast to make sure the Centre honoured its promise of giving him in writing that it had agreed to his demands.

    According to Ramdev’s written undertaking, drafted and signed by his key aide Acharya Balkrishna, an announcement was to be made this afternoon about the agreement with the government. Then Ramdev would have merely continued with his “tap” (spiritual rites) till June 6.

    The letter is understood to have been written in the presence of Ramdev, some of his aides, and government negotiators Sibal and Subodh Kant Sahay. It begins with a categorical declaration: “According to Swami Ramdev’s consent….”

    Sure enough, around 2.30pm, Ramdev had left the dais and entered his tent for “telephone talks with the government”. He came out three hours later to say his fast would continue and that the talks were deadlocked over the issue of tackling black money.

    “I will break my fast tomorrow if the government brings an ordinance declaring black money hidden abroad as a national asset. They have agreed to a committee. I want action, not a committee,” he said. He added that he had “put on silent mode” his demand for withdrawal of 500-rupee notes to focus only on black money.

    This evening, the two sides appeared locked in a battle of nerves, keen to win the publicity war. Sibal said the government had honoured all its commitments and acted very discreetly, refraining from revealing Ramdev’s letter yesterday.

    “But Baba has gone back on his word. We want to make it clear that if the government can reach out, it can also rein in. If we can accommodate, we can also be firm.”

    Asked why the Baba was saying the government was trying to scare him, Sibal said: “We don’t want to comment on this. We don’t want to comment on the attempt to scare the government, either.”

    Ramdev threatened to continue the fight till his last breath and asked his supporters to carry on fasting if he was arrested.

    Although the release of Ramdev’s undertaking appeared to have vitiated the atmosphere, a section in the government felt that causing a dent in the Baba’s credibility was no mean achievement. They said the government needed to send out a tough message amid the popular impression that it had buckled before Ramdev’s agitation.

    The Baba had had his last meal of fruits, greens and milk at 7pm yesterday and had only drunk water since, said Jaideep Arya, chief coordinator of Ramdev’s Bharat Swabhiman Nyas.

    The yoga practitioner ascended the dais at 4.50 this morning. He started off with a yoga session, featuring mainly breathing and stomach exercises, but spoke at length against black money and English education.

    “The police have given permission for yoga, but even speaking the truth is yoga; satyagraha is yoga,” he said.

    He peppered his sermons with one-liners. “Whatever the outcome of this fast, our fat brothers and sisters will shed at least 1,000 kilos of weight.”

    Leaders from various faiths sat on the dais. Hindutva hawk Sadhvi Ritambhara joined the morning yoga session. Ramdev denied being “communal” and, asked about his RSS links, said he had “sadbhavana” with all social organisations including the Jamiat Ulama-i-Hind.

    Courtesy: The Telegraph

  • Apex Court Stays SIT Investigation Into Ishrat Jahan ‘Fake Encounter’ Case

    Apex Court Stays SIT Investigation Into Ishrat Jahan ‘Fake Encounter’ Case

    BeyondHeadlines News Desk

    New Delhi: The Supreme Court yesterday stayed the probe of Special Investigation Team (SIT) in Ishrat Jahan “fake encounter” case.

    A bench comprising Justices B Sudershan Reddy and S S Nijjar stayed the probe till May 11 on the petition filed by one of the accused Girish Laxman Singhal, presently DCP, Vadodara, Gujarat, who contended that out of the three members of the SIT appointed by the Gujarat High Court only one is left and two other members Karnail Singh, former joint commissioner of police of Delhi, and Mohan Jha have already been relieved. Only Satish Verma is investigating the case.

    The body of Ishrat Jahan along with three others

    Ishrat Jahan and her associates were allegedly gunned down by Gujarat police in 2004 claiming that they were the members of LeT and were planning terrorist strikes in the state.

    The apex court has sought the response of the state of Gujarat and other respondents.

    The SIT headed by IPS officer Karnal Singh and comprising two other Gujarat cadre officers — Mohan Jha and Satish Verma — was formed by the Gujarat High Court last year to probe the encounter of Mumbai-based Ishrat and three others by crime branch officials near Ahmedabad on June 15, 2004.

  • SC Upholds Life Sentence of 10 Delhi Police Officials Accused of Killing 2 in Fake Encounter in 1997

    SC Upholds Life Sentence of 10 Delhi Police Officials Accused of Killing 2 in Fake Encounter in 1997

    BeyondHeadlines News Desk

     

    New Delhi: A Supreme Court bench comprising Justices H S Bedi and C K Prasad today upheld the conviction and life sentence of 10 officials, including an assistant police commissioner, of the Delhi Police for killing two businessmen in a fake encounter in 1997. The bench dismissed the appeal filed by the police officials who had knocked the door of the apex court against the verdict of the Delhi High Court.

    The high court had on September 18, 2009, upheld the conviction and life sentence of the 10 policemen including ACP S S Rathi for the killing of two Haryana-based businessmen due to mistaken identity at Connaught Place in New Delhi.

    The high court concurred with the trial court judgement of October 24, 2007 holding them guilty of murder.

    The other nine convicts are Inspector Anil Kumar, Sub-Inspector Ashok Rana, Head Constables Shiv Kumar, Tejpal Singh and Mahavir Singh and Constables Sumer Singh, Subhash Chand, Sunil Kumar and Kothari Ram.

    A Delhi Police Crime Branch team led by encounter specialist Rathi had on March 31, 1997 fired indiscriminately on a car after suspecting that the businessmen were Uttar Pradesh—based gangsters wanted by the police.

  • Govt Holds Strategy Session to Discuss Line of 5 Ministers in Lokpal Bill Panel

    Govt Holds Strategy Session to Discuss Line of 5 Ministers in Lokpal Bill Panel

    BeyondHeadlines News Desk

    New Delhi: The government held a strategy session to discuss the line the five ministers in the 10-member Lokpal Bill drafting  panel should take.

    Chairman of the committee Finance Minister Pranab Mukherjee met government representatives to firm up the Centre’s stand on the latest draft of the Jan Lokpal Bill, sources said.

    The latest version, among other things, envisages a provision empowering the office of the Lokpal to intercept telephone conversations.

    Further, the sources said, the government may ask political parties and even representatives of other non-governmental organisations to provide their inputs on the draft legislation.

    The drafting committee, which has five representatives of the civil society, including social activist Anna Hazare, held its first meeting on April 16.

    The second meeting assumes significance as it comes in the backdrop of sharp publically-aired differences between some non-official members of the drafting committee and leading figures of the people’s movement on the final contours of the proposed Bill, particularly on the issue of inclusion of the PM and the higher judiciary.

    As reported by The Indian Express, sources in the government said it too shared the views of two former chief justices of India — M N Venkatachaliah (retd) and J S Verma (retd) — that the higher judiciary should remain outside the purview of the proposed Lokpal.

    On the PM, the government is expected to go with the opinion of the committee.

    Incidentally, jurists and some members of the civil society at a recent roundtable organised to discuss the proposed legislation opposed the demand to include the PM in the Bill.