New Delhi: Invoking its extraordinary power under Article 142 of the Constitution, the Supreme Court Wednesday ordered the release of A G Perarivalan, who has served over 30 years in jail in the Rajiv Gandhi assassination case. A bench headed by Justice L Nageswara Rao said the Tamil Nadu state cabinet's advice recommending the premature release of all seven convicts in the case was binding on the governor.The apex court also discarded the Centre's argument that the President exclusively has the power to grant pardon in a case under section 302 the Indian Penal Code, saying this would render Article 161 (power of governor to grant pardon) functionless. The bench, also comprising Justice B R Gavai, held that states have the power to advise and aid the governor in case of pleas of pardon under Article 161 made by convicts in murder cases. Article 142 of the Constitution deals with the Supreme Court's power to exercise its jurisdiction and pass order for doing complete justice in any cause or matter pending before it. The Article was also used in the Ram Janmabhoomi-Babri Masjid land dispute case. The Centre had earlier defended the Tamil Nadu governor's decision to send the mercy plea of Perarivalan to the President. Additional Solicitor General K M Nataraj had said that only the President can decide the plea regarding remission, commutation and mercy plea of an individual convicted under the central law. On March 9, the top court had granted bail to Perarivalan while taking note of his long incarceration and no history of complaints when out on parole. The top court has been hearing pleas including the one in which Perarivalan sought suspension of his life sentence in the case till the Multi Disciplanary Monitoring Agency (MDMA) probe is completed. The CBI, in its affidavit of November 20, 2020, had told the apex court that the Tamil Nadu governor has to take a call on grant of remission to Perarivalan. Later, the governor referred the mercy plea to the President of India saying he does not have the power to decide it. The mercy plea has been pending since then and the apex court said till the time the legal issue over the power to grant remission is decided, it would grant bail to the convict. The CBI had said Perarivalan was not the subject matter of further investigation carried out by the CBI-led MDMA which is conducting a probe on the aspect of larger conspiracy as per the mandate of the Jain Commission report. The Jain commission of inquiry in the assassination of the former prime minister has recommended a probe into the larger conspiracy by MDMA, and it required monitoring /tracking of absconding suspects and the role of Sri Lankan and Indian nationals in the case. The state government had earlier told the top court that the cabinet had already passed a resolution, on September 9, 2018, recommending to the governor to prematurely release all seven convicts in the case. The MDMA was set up in 1998 on the recommendations of the Justice M C Jain Commission of Inquiry which had probed the conspiracy aspect of Gandhi's assassination. Former prime minister Rajiv Gandhi was assassinated on the night of May 21, 1991 at a poll rally in Tamil Nadu's Sriperumbudur by a woman suicide bomber, identified as Dhanu. Fourteen others, including Dhanu herself, were also killed. Gandhi's assassination was probably the first case in the country of suicide bombing which had claimed the life of a high-profile leader.&nbsp;In its May 1999 order, the top court had upheld the death sentence of four convicts -- Perarivalan, Murugan, Santham and Nalini. In April 2000, the Tamil Nadu governor had commuted the death sentence of Nalini on the basis of the state government's recommendation and an appeal by former Congress president and Rajiv Gandhi's widow Sonia Gandhi.On February 18, 2014, the top court had commuted the death sentence of Perarivalan to life imprisonment, along with that of two other prisoners -- Santhan and Murugan -- on the grounds of an 11-year delay in deciding their mercy pleas by the Centre.—PTI

Invoking its extraordinary power under Article 142 of the Constitution, the Supreme Court Wednesday ordered the release of A G Perarivalan, who has served over 30 years in jail in the Rajiv Gandhi assassination case.

SC invokes Article 142, frees Rajiv Gandhi murder convict Perarivalan

Chennai: A G Perarivalan alias Arivu is now a free man following a legal battle, and that long fight provides scope for throwback moments of Tamil sentiment that propelled the struggle which was backed by most political parties and successive governments in Tamil Nadu. The clamour by pro-Tamil outfits for the release of Rajiv Gandhi assassination case convicts began well over a decade ago and their demand's undercurrent was that they were Tamil people who had championed the Tamil cause and have undergone punishment for decades. "Ezhu Tamizhar Viduthalai,' which means 'The release of 7 Tamils', became a popular outcry over a period of time in Tamil Nadu.The demand had the strong backing of Dravidian majors, the Dravida Munnetra Kazhagam and the All India Anna DMK, and the Tamil Nadu Congress, apparently in view of the sentiments involved was prompted to declare in 2020 that if the court announces the release of the seven convicts it was acceptable to it. The Congress party however said then that political parties demanding their release was completely unacceptable. On top of all such factors, Congress leader Rahul Gandhi, during his election campaign last year in Puducherry, had said that he had forgiven those responsible for his father Rajiv Gandhi's killing. The demand for their release was backed by almost all other parties including the Viduthalai Chiruthaigal Katchi. The May 17 Movement is among the prominent pro-Tamil outfits in Tamil Nadu. Though the state unit of the Bharatiya Janata Party was opposed to their release, it became apparent over the years that the saffron party too found it a touchy subject and tried its best to handle the matter in a subtle fashion. The Tamil sentiment in the Rajiv case context stems from the sufferings of the Tamil people in Sri Lanka, political commentator M Bharat Kumar said. "The Tamil nationalists' argument is that the case against Perarivalan was fabricated and they see those convicted in this case as people who championed the Tamil cause and regard them as victims and hence a need to fight for their cause," he told PTI. Since these convicts have also suffered punishment in the case, the demand for their release found acceptance with several other sections of the people and their voices grew stronger, he said. "When this demand found acceptance, and especially when it is associated with Tamil sentiments, the AIADMK and DMK have no choice but to back it," he said. "Tamil nationalist supporters also have pointed out repeatedly that late LTTE supremo V Prabhakaran had said in 2002 that the killing of Rajiv Gandhi was a tragic incident," Kumar added. Social media posts from the Tamil diaspora also showed jubilation over the release of Perarivalan and a new hope for the release of others in the case.Naturally, all those sympathetic to the Tamil cause lent their support to the legal battle of the Rajiv case convicts. Perarivalan, aged 19 when he was arrested in 1991, allegedly bought two batteries that went into the making of a bomb used for assassinating Rajiv Gandhi. V Sriharan alias Murugan, T Suthendraraja alias Santhan, Jayakumar, Robert Payas, P Ravichandaran and Nalini are in jail since 1991. Together with Arivu, they are the seven people who are referred to as the '7 Tamils.'When late chief minister J Jayalalithaa declared in 2014 that the sentences of life imprisonment of all the seven Rajiv case convicts would be remitted and that they would be released, the then Congress-led United Progressive Alliance government knocked on the doors of the Supreme Court against that move. During the AIADMK regime (2011-21), the DMK exerted political pressure on the ruling party over the issue. In February 2021, K Palaniswami, who was the chief minister then, accused the DMK of enacting a 'political drama' on the issue of release of seven convicts with an eye on assembly elections. An important factor to the Tamil sentiment background may be traced to the 1980s. There is a perception among several sections of people in Tamil Nadu that then prime minister Rajiv Gandhi sending a peace keeping force (Indian Peace Keeping Force-IPKF) to Sri Lanka, though well-intentioned, resulted in 'brutalities' against the Tamil people. It was also alleged by some parties that the IPKF functioned in a one-sided manner, often siding with the island nation’s authorities. A fear perception also emerged among some Tamil groups in Sri Lanka that if the Congress party were to win the 1991 Lok Sabha polls in India, it may be detrimental to their interests. It is an open secret that AIADMK founder leader and late chief minister M G Ramachandran was very sympathetic to the Tamil cause in Sri Lanka and the violence unleashed against the Tamil people in the neighbouring country had socio-political resonance in Tamil Nadu. In May 1999, the apex court upheld the death sentence of four -- Murugan, Santhan, Perarivalan and Nalini -- commuted the death sentence of three to life, and freed the remaining 19. On April 19, 2000, a cabinet meeting of the then DMK government recommended to then governor Fathima Beevi to commute the death sentence of Nalini Sriharan to life imprisonment out of the total four people whose capital punishment was upheld by the Supreme Court.The death sentence of the remaining three convicts was commuted in February 2014 by the apex court on the ground of inordinate delay of 11 years in deciding on their mercy petitions. Petitions of convicts seeking various reliefs saw a long legal battle both in the Madras high court and the Supreme Court. The AIADMK government took a cabinet decision on September 9, 2018, and recommended to the governor the release all seven convicts. Days after assuming office in 2021, Chief Minister M K Stalin urged President Ram Nath Kovind to accept the recommendation made by the state government in 2018 and remit the life sentences of the seven Rajiv case convicts and direct their immediate release. Despite such sentiments and efforts to get them released, the families of victims of the 1991 suicide bombing staunchly opposed their release all along. Former prime minister Rajiv Gandhi was assassinated on May 21, 1991, by woman suicide bomber Dhanu, just before the top Congress party leader was to address an election campaign at Sriperumbudur near Chennai.—PTI

A G Perarivalan alias Arivu is now a free man following a legal battle, and that long fight provides scope for throwback moments of Tamil sentiment that propelled the struggle which was backed by most political parties and successive governments in Tamil Nadu.

Tamil sentiment strongly backed the 7 Rajiv case convicts for 31 years

Mumbai: A sessions court here on Monday convicted a 45-year-old man in the case of rape and brutal murder of a woman in suburban Sakinaka in September last year. The court has kept the matter for arguments on the quantum of sentence on June 1. The accused, Mohan Chauhan, had raped the 34-year-old woman in a stationary vehicle and inserted a rod in her private parts.The woman died the next day during treatment at the civic-run Rajawadi Hospital due to heavy loss of blood. The police had filed a charge-sheet in the case just 18 days after the incident.Additional Sessions Judge (Dindoshi court) H C Shende convicted the accused under Indian Penal Code provisions for rape and murder. The trial in the case was conducted by Special Public Prosecutor Raja Thakare and advocate Mahesh Mule.—PTI

A sessions court here on Monday convicted a 45-year-old man in the case of rape and brutal murder of a woman in suburban Sakinaka in September last year.

Court convicts 45-yr-old man in Mumbai rape-murder case

Bengaluru: One of the accused who attacked farmer leader Rakesh Tikait on May 30 was a murder convict released from jail for good conduct, a police officer said on Wednesday. The attack on the farmer leader at an event in Bengaluru drew widespread condemnation from various quarters. "Shivakumar Atri (52) is a murder convict, who was released from the Hassan jail in 2015 for his good conduct," deputy commissioner of police (Crime) Sharanappa SD told&nbsp;PTI. He added that investigation is on to ascertain the accused persons' antecedents and their connections to find out those who might have instigated them to attack Tikait.The three accused in the ink attack case have been taken into police custody for further investigation in the case.On May 30, three accused posing as journalists entered Gandhi Bhavan where Tikait was holding a press conference.On the pretext of adjusting a microphone, one of them got on the stage and attacked Tikait with the mic while another one rushed there and threw ink on him.Later, the accused raised 'Modi, Modi' slogan before being arrested by the police.Tikait termed it an act in connivance with the state government and claimed there was attempt to eliminate him.The state Congress alleged that the Bharatiya Janata Party was behind the incident, which the state Home Minister Araga Jnanendra dismissed by saying those involved were not associated with the ruling party.—PTI

One of the accused who attacked farmer leader Rakesh Tikait on May 30 was a murder convict released from jail for good conduct, a police officer said on Wednesday.

Murder convict among Rakesh Tikait's attackers at Bengaluru event

Varanasi: A local court in Ghaziabad on Monday sentenced terror convict Waliullah Khan to death for the serial blasts in Varanasi that killed at least 20 people 16 years back. District sessions judge Jitendra Kumar Sinha had convicted Khan on Saturday but held back the pronouncement on the quantum of punishment for the blasts in 2006 at Varanasi's Sankat Mochan Hanuman temple and a railway station. On Monday, Khan was brought to the district court from Dasna Jail under tight security, overseen by a deputy superintendent of police.The court also sentenced Khan to life imprisonment on an attempt to murder charge and ordered him to pay fines. The death sentence will have to be confirmed by the Allahabad high court.A special task force had claimed in 2006 that Khan was linked to Bangladesh-based terror outfit Harkat-ul-Jehad al-Islami and was the mastermind behind the blasts.The first blast took place at 6.15 pm on March 7, 2006, inside the crowded Sankat Mochan temple in the Lanka police station area. After 15 minutes, a bomb exploded outside the first-class retiring room at Varanasi Cantonment railway station.At least 20 people were killed and about 100 injured in the two explosions.The same day, a pressure cooker bomb was also found near the railings of a railway crossing in Dashashwamedh police station area.Khan was convicted in two cases lodged under the Indian Penal Code sections of murder and attempt to murder, and under the Explosives Act, district government counsel Rajesh Sharma earlier told PTI.He was acquitted in a third case due to lack of evidence, he said.Lawyers in Varanasi had refused to plead the case and the Allahabad high court transferred it to the Ghaziabad district court.In all three cases, 121 witnesses were produced before the court.—PTI

A local court in Ghaziabad on Monday sentenced terror convict Waliullah Khan to death for the serial blasts in Varanasi that killed at least 20 people 16 years back.

2006 Varanasi blasts convict Waliullah Khan sentenced to death

A local court in Ghaziabad on Monday sentenced terror convict Waliullah Khan to death for the serial blasts in Varanasi that killed at least 20 people 16 years back.



New Delhi: <span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">The Supreme Court on Tuesday agreed to examine a plea challenging the remission granted to the 11 who were convicted for the rape and murder in the 2002 Bilkis Bano case.&nbsp;
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">The plea was filed by CPI(M) leader Subhasini Ali, independent journalist and filmmaker Revati Laul and former philosophy professor and activist Roop Rekh Varma.
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">The plea was mentioned by advocate Aparna Bhat and senior advocate Kapil Sibal before a bench headed by Chief Justice N V Ramana, Justices Hima Kohli and C T Ravikumar. The counsel submitted that they are challenging the remission order, and emphasised that a pregnant woman was raped and people were killed.&nbsp;
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">The bench queried the council if they were granted remission by virtue of the top court order. Sibal replied that the apex court merely directed the state to consider the matter, and they were challenging the remission, not the top court order.
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">The bench said, “we will see”. Bhat urged the court to list the matter for Wednesday. The bench replied, “let us see the papers”.&nbsp;
<h2 style="text-align:start;"><span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 28px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Mahua Moitra Challenges SC</h2>
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Meanwhile, Trinamool Congress leader Mahua Moitra has moved the Supreme Court challenging the Gujarat government’s decision of releasing the 11 convicts guilty of gang rape and mass murder.&nbsp;
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Moitra filed a PIL (public interest litigation) through advocate Shadan Farasat which stated concerns over the safety of Bilkis Bano and her family.&nbsp;
<h2 style="text-align:start;"><span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 28px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Bilkis Bano Tragedy</h2>
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Twenty years ago, on February 28, 2002, Sabarmati Express carrying <span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">karsevaks <span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">was set on fire in Godhra station. What followed the attack on the train were riots that claimed the lives of thousands of innocent victims, mostly Muslim families.
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Bilkis Bano, who was a little less than 21 years of age and five months pregnant at that time, tried to flee the state with her family, including her three-year-old daughter – Sahela.&nbsp;

<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">Fifteen of her family members were killed that day. Her cousin who had given birth to a baby girl the previous day was brutally ripped off, raped, and killed along with her infant. Bilkis was left naked, bleeding, and unconscious. Since Bilkis was the lone survivor and eyewitness of the murders, she went through the ordeal of identifying the bodies, including her toddler. She also underwent a medical examination four days after her rape.
<span style="color: rgb(44,47,52);background-color: rgb(255,255,255);font-size: 20px;font-family: -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Oxygen-Sans, Ubuntu, Cantarell, "Helvetica Neue", "Open Sans", Arial, sans-serif;">After fighting the case for six long years, on January 18, 2008, the special court in Mumbai sentenced the 11 accused to life imprisonment (one had died) and arrested a policeman for three years for trying to destroy evidence.&nbsp;
—IANS

The Supreme Court on Tuesday agreed to examine a plea challenging the remission granted to the 11 who were convicted for the rape and murder in the 2002 Bilkis Bano case. 

 Bilkis Bano case: SC agrees to examine plea against remission of convicts

New Delhi: The Delhi High Court on Tuesday permitted a policeman convicted of double murder to attend his deceased father's 'Tehrvi' ceremony in Muzaffarnagar district in Uttar Pradesh.
Jail authorities have been directed to take him to his village in custody.
The division bench of justices Mukta Gupta and Anish Dayal directed the Superintendent, Tihar Jail to take the appellant in custody with necessary security to his village in Muzaffarnagar district on September 15, at his residence to attend his father's 'tehrvi'.
The bench observed, "Considering the desperate conduct of the appellant, who despite being a Head Constable in the police acted with impunity and committed robbery with murder as also deterred the person who was chasing him, to kill him with an unlicensed pistol, this court does not find it fit to grant interim suspension of sentence."
However, the court permitted the appellant to attend the 'tehrvi' of his father on September 15, 2022, in custody.
The appellant had sought interim suspension of his sentence on the ground of the serious medical condition of his father. However, his father died on September 6, 2022. The counsel for the appellant submitted the cremation of the father that has taken place.
However, the 'tehrvi' is to be performed on September 15. The appellant is the only son of his father and thus his presence is essential. It was stated in the report filed by police that he was convicted for the murder of businessman Amarjeet Singh on September 24, 2011. The appellant entered his car and fired three shots from his illegally possessed pistol and looted three gold chains and a locket.
On hearing the gunshots, the patrolling police also reached there and with the help of a motorcyclist tried to catch hold of the appellant, who again fired on the police.
In the melee, he shot at the motorcycle rider Shanni who succumbed to his injuries in the hospital later. Moreover, some more cases are also pending against the appellant. —ANI

The Delhi High Court on Tuesday permitted a policeman convicted of double murder to attend his deceased father's 'Tehrvi' ceremony in Muzaffarnagar district in Uttar Pradesh.

Delhi HC Allows Cop Convicted Of Double Murder To Attend Father's Last Rites

New Delhi (The Hawk): Six prisoners serving life sentences in the assassination case of former Prime Minister Rajiv Gandhi, including Nalini Sriharan and R P Ravichandran, were ordered to be released early by the Supreme Court on Friday.Justices B R Gavai and B V Nagarathna's bench ruled that the ruling in the case of A G Perarivalan, one of the defendants, is equally relevant to their situation."The applicants who are before us had their death sentences converted to life sentences due to delay.We order that the sentences of all the appellants be deemed served.The applicants are therefore instructed to be released unless otherwise necessary "said the bench.In an application to the Supreme Court, Nalini and Ravichandran requested an early release.Both of them had appealed a Madras High Court ruling from June 17 that denied their requests for early release and cited the Supreme Court's decision ordering the release of co-defendant Perarivalan.In this case, life sentences were imposed on Nalini, Ravichandran, Santhan, Murugan, Perarivalan, Robert Payas, and Jayakumar.The top court had ordered Perarivalan's release on May 18 using its extraordinary power under Article 142 of the Constitution. Perarivalan had spent more than 30 years in prison.Gandhi was killed by a female suicide bomber named Dhanu on the evening of May 21, 1991 at Sriperumbudur in Tamil Nadu during a political rally.Perarivalan, Murugan, Santhan, and Sriharan were four convicts whose death sentences had been upheld by the Supreme court in an order from May 1999.However, in 2014, it modified Perarivalan's death sentence to life in prison together with that of Santhan and Murugan on the grounds that the decision on their mercy requests had taken too long. Because Nalini has a daughter, her death sentence was reduced to life in prison in 2001.The Tamil Nadu government had previously supported Nalini and Ravichandran's early release, arguing that the governor must heed its 2018 recommendation to commute their life sentences.(Inputs from Agencies)

Six prisoners serving life sentences in the assassination case of former Prime Minister Rajiv Gandhi, including Nalini Sriharan and R P Ravichandran, were ordered to be released early by the Supreme Court on Friday.

Supreme Court frees all Rajiv Gandhi assassination convicted

Prayagraj (The Hawk): Vikram Saini, a disqualified BJP MLA, had asked the Allahabad high court to stay his conviction in the Muzaffarnagar riot case from 2013.
In his judgement, Justice Samit Gopal stated that the "The appellant's arguments don't in any way persuade the court. Criminal offences that result in disqualification relate to a variety of areas that are important to the national interest, the interests of regular citizens, comradery among neighbours, and the predominance of good governance. The mere assertion that the appellant will be rendered ineligible by the conviction is not sufficient to suspend it ".
The court added, "The law states that the ability to suspend a conviction should only be used in exceptional circumstances. This is consistently asserted, reaffirmed, and referred to. The appellant was found guilty of rioting, rioting while in possession of a deadly weapon, endangering the life or personal safety of others, assault or use of unlawful force to prevent a public servant from performing his duties, malicious insult with the intent to cause a breach of peace, and criminal intimidation, all of which contributed to a breakdown in law and order and disturbed the peace of the community."
The court emphasised that "The disqualification following conviction for a specific offence is specified in Section 8 of the Representation of People's Act of 1951. The Act covers offences under the Indian Penal Code that have the potential to undermine fundamental principles of a healthy democracy, state security, economic stability, and the maintenance of peace and harmony among citizens, among many other things ".
On November 18, the high court postponed the MP/MLA Court's sentencing for Saini in the riot case, gave him bail, and set a hearing date of November 22 for the application to suspend Saini's conviction in the same case.
As a government led by a different party was in office when the Muzaffarnagar riots occurred in 2013, Saini's attorney said that he (Saini) was implicated in the current case owing to political retribution. Additionally, there has been no injury in this case, and no available public witnesses.
Additionally, Saini's attorney argued that his assembly seat in Khatauli had become empty and that Saini had been declared unable to serve as an MLA as a result of his conviction.
In addition, because he was found guilty by a court, he is ineligible to run for office for a subsequent six years under Section 8 of the Representation of People's Act. The attorney continued by pleading for the suspension of his conviction in light of this.
The state government's legal representative, on the other hand, objected to the request to have the conviction suspended.
The court denied every argument made by Saini's attorney, saying: "The arguments made do not in any way persuade the court. There has been a thorough trial, and the appellant has been found guilty. The trial court determined that the evidence was reliable and trustworthy."
The byelection for the Khatauli Assembly constituency is set to take place on December 5 following Saini's disqualification.
In a case involving the 2013 Muzaffarnagar riots, a special court at the MP/MLA Court in Muzaffarnagar had sentenced Saini and 10 other people to two years in prison on October 11. Saini was an elected MLA from Khatauli.
On charges relating to Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 336 (act endangering life or personal safety of another), 504 (intentional insult with intent to provide breach of peace), 506 (criminal intimidation), and others, the court had found Saini guilty and sentenced him. The attempted murder accusation against each of them had been withdrawn by the court.
Saini had filed the current criminal appeal to dispute his conviction and punishment before the high court.
(Inputs from Agencies)

Vikram Saini, a disqualified BJP MLA, had asked the Allahabad high court to stay his conviction in the Muzaffarnagar riot case from 2013.

Ex-BJP MLA's request to suspend conviction in 2013 Muzzafarnagar riots case is denied by the Allahabad High Court

New Delhi News: A day after Prime Minister Narendra Modi asked CBI not to spare the corrupt, independent MP Kapil Sibal on Tuesday questioned the conviction rate in the current government which was only 71 in 2016.

"PM to CBI : Don't spare the corrupt,

March 2016 : Jitender Singh told Parliament "

But the fact is 2013 : 1136 persons convicted for corruption, 2014 : 993,
2015 : 878, 2016 : 71

"Conviction of the corrupt higher during UPA! Men may lie but facts do not lie
Who is protecting the corrupt?" Sibal tweeted.

On Monday, the Prime Minister attacked the previous dispensations for their apparent lax attitude towards dealing with corruption and said that it was only after 2014, when the BJP-led dispensation came to power, that the malaise was dealt with severely.

Addressing a gathering while inaugurating the diamond jubilee celebrations of the Central Bureau of Investigation (CBI), Modi said that unfortunately India got a legacy of corruption at the time of Independence and lamented the fact that instead of removing it, "some people kept nourishing this malady".

He recalled the "scams and the prevailing sense of impunity just a decade ago, when the UPA dispensation was in power".

"This situation led to the destruction of the system and an atmosphere of policy paralysis brought the development to stand still," he said.

After 2014, the Prime Minister reiterated that the priority of the government was to instill faith in the system and for this, the government started taking action against black money and benami property in mission mode and started inflicting damage on the corrupt as well as the reasons behind the corruption. IANS

A day after Prime Minister Narendra Modi asked CBI not to spare the corrupt, independent MP Kapil Sibal on Tuesday questioned the conviction rate in the current government which was only 71 in 2016.

Conviction of corrupt more during UPA regime: Kapil Sibal

Firozabad: Firozabad District Court on Thursday convicted a 90-year-old man of murdering 10 Dalits and sentenced him to life imprisonment.
The convict, Ganga Dayal, was also asked to furnish a fine Rs 55,000. The killings, which happened 42 years ago, had sent shockwaves across the country. "In the event of default on the payment of the fine, the accused will have to undergo additional imprisonment of 13 months," the court said.
Government advocate Rajeev Upadhyay said, "In 1981 there was violence in Sadupur village in which 10 people were mercilessly killed and 2 people were injured. A case was registered in connection with the incident. 10 people were identified as accused during the investigation. The case was registered under sections 302 and 307 of the IPC." Advocate Upadhyay further said that initially, the case went to trial in Mainpuri and later, after the carving out of Firozabad as a separate district, the case was transferred to a court in Firozabad.
"Following the High Court order, after the formation of Firozabad district, the case was transferred to Firozabad. Ganga Sahay, who was the only accused alive was sentenced to life imprisonment and awarded a fine of Rs 55,000 by the district court and sentenced to life imprisonment. This decision will send a message to the entire country," the lawyer said. A relative of one of the victims, Maharaj Singh, said he wasn't born at the time of the incident but his elders told him that 4 of his family members were killed and 6 others in his uncle's neighbourhood were also butchered.
"The conviction and sentencing of the only surviving accused came after 42 years. It would have been better if it had come when the elders in my family were alive and 9 other accused persons were also punished," he added. —ANI
The case dates back to 1981 when 10 people from the Dalit community were murdered and two more were injured. A case was registered against the 10 accused persons.
Shikohabad police station was in Mainpuri district when this incident took place and it later merged with Firozabad after it was declared a separate district in 1989.
After the investigation, the police filed a charge sheet against ten accused in court. However, during the trial, 9 of the accused persons died. —ANI

Firozabad District Court on Thursday convicted a 90-year-old man of murdering 10 Dalits and sentenced him to life imprisonment

42 Years On, 90-Year-Old Convicted Of Killing 10 Dalits, Sentenced To Life

Bareilly: The court of Additional District and Sessions Judge (ADJ) Suresh Kumar Gupta has sentenced four men to life imprisonment after finding them guilty of murdering a UP police constable, Parmendra Singh, during an encounter in Fatehganj West area of Bareilly in 2007.  One of the five accused died during trial.  The court, on Wednesday, also slapped a fine totalling Rs 2,70,000 on all the accused, and ordered that half the penalty be given to the family of the deceased constable.
Additional District Government Counsel(ADGC) Digambar Patel said: “The incident was reported on January 19, 2007, when police received information about the presence of robbers in Nakhasa Bagh area during midnight hours. Constable Parmendra Kumar, Nirdosh Kumar and Pramod Kumar rushed to the place, but the armed robbers opened fire at them. By the time a backup team arrived, Parmendra Kumar suffered a bullet injury and he died in hospital."  "Five robbers — Ibrahim Khan, Akeel Raza, Guddu, Akeena and Inna Nabi — were arrested and booked under sections 302 (murder), 307 (attempt to murder), 147 (rioting), 148 (rioting with deadly weapons and 149) guilty of offence committed in prosecution of common object) of IPC. They were later granted bail,” said Patel.
—IANS

The court of Additional District and Sessions Judge (ADJ) Suresh Kumar Gupta has sentenced four men to life imprisonment after finding them guilty of murdering a UP police constable, Parmendra Singh, during an encounter in Fatehganj West area of Bareilly in 2007.

Four get life imprisonment for killing constable in UP

Bengaluru: The Karnataka High Court has suggested to the authorities to contact the foreign affairs ministry in connection with a case of conviction of a Karnataka man in Saudi Arabia for allegedly posting blasphemous posts.
The bench headed by Justice Krishna S. Dixit suggested on Thursday while looking into the petition.  The bench also advised the Indian authorities in Saudi Arabia to discuss with former Union minister for foreign affairs Kunwar Natwar Singh. The bench stated that Natwar Singh was also an IFS officer who wrote the book ‘One Life Is Not Enough’ and referred to similar incidents in his work. He has explained in the book what should be done if the foreign government is not sharing information, the bench opined.  It further asked the authorities: “Why don’t they discuss the issue with Natwar Singh who has extensive knowledge of the matter.”  Moin Akthar, an officer in the Indian Embassy in Saudi Arabia, submitted to the court that though the officer had met the authorities personally in Saudi Arabia, they refused to provide a copy of the order of conviction of the man from Karnataka. The Saudi authorities had later asked the Indian embassy to send a mail in this regard. Though mail had been sent, there was no response yet,” Moon Akthar stated.  “The officers had sought the time to meet Shailesh Kumar, the convicted person and permission was given to meet him on September 3. On that day we will try to get a copy of the conviction from him,” Moin Akhtar stated. The bench adjourned the matter to September 11.  The court had earlier directed the Union government to obtain the order copy of the judgment from the Saudi Arabia court and related certified documents in connection with the conviction of a man from the state.  Shailesh Kumar, a resident of Bikrnakatte near Mangaluru in Dakshina Kannada district was awarded 15 years of imprisonment in Saudi Arabia for blasphemy.  The bench headed by Krishna S. Dixit had also given directions to help in filing a petition before the king of Saudi Arabia to review the punishment.  The bench had further directed the Central government to enlighten about the procedure to file the mercy petition in connection with the cases of blasphemy, sedition and breach of trust cases.  The petition in this regard was filed by Kavitha, wife of Shailesh Kumar. The bench had adjourned the matter to August 17.  Kavitha had earlier pleaded with the Centre to get her husband, who had become a victim of hacking and got arrested by the Saudi Arabia government, freed. She also stated that he had been targeted for creating a patriotic message on social media.  Kavitha had claimed that miscreants had created a fake social media account of her husband Shailesh Kumar and posted derogatory messages against the king of Saudi Arabia and Islam.  Shailesh has been working in Saudi Arabia for 20 years. “My husband had put up a patriotic message on his social media account. He had received a threatening call from a stranger. The stranger had warned Shailesh to withdraw the social media account and if he didn’t, they wouldn’t allow him to be in Saudi Arabia. Shailesh taking no chances had taken off his account,” she explained.  After a few days, the miscreants created a fake social media account in the name of Shailesh uploaded derogatory messages against Islam and the King of Saudi Arabia and hatched a conspiracy to get him arrested, she said.  The court also pulled up the callous attitude of the police department and officers in connection with the case. The court had warned initiation of action against the police for non-compliance with court directions about the case and told that an Indian citizen had landed in trouble on a foreign land and should be returned to India.
—IANS

The Karnataka High Court has suggested to the authorities to contact the foreign affairs ministry in connection with a case of conviction of a Karnataka man in Saudi Arabia for allegedly posting blasphemous posts.

'Consult foreign affairs ministry', says HC on conviction of K'taka man in Saudi Arabia

Lucknow: A special NIA court in Lucknow has convicted two persons, Atif Muzaffar and Mohammed Faisal Khan, in a case related to the killing of a retired school principal, allegedly under the influence of Islamic State of Iraq and Syria (ISIS), an NIA spokesman said.
The court on Monday charged the two guilty under the sections of IPC 302 (murder), 120 B (criminal conspiracy), along with sections of the Unlawful Activities Prevention Act (UAPA).&nbsp;
The court will pronounce the quantum of punishment in the case on September 11.
NIA said that on October 24, 2016, Ram Babu Shukla, who retired as the principal of Swami Atmaprakash Brahmachari Junior High School in Kanpur, was killed while he was returning home on a bicycle. He was attacked by the accused near Pyondi village in Kanpur.
The case was handed over to the NIA in November 2017.
The anti-terror agency had filed a chargesheet against the two accused on July 12, 2018, after investigations revealed that the accused had been radicalised by the ISIS ideology and were out to kill people whom they believed to be "disbelievers".
A third accused, Mohammad Saifulla, had died in Lucknow during the exchange of fire with the Anti-Terrorist Squad on March 7, 2017.
Investigations by NIA revealed that the accused were operating under the influence of ISIS, a banned terrorist organisation.
"They had murdered Ram Babu Shukla to strike terror and alarm in the minds of the common people," NIA spokesman said.&nbsp;
—IANS

A special NIA court in Lucknow has convicted two persons, Atif Muzaffar and Mohammed Faisal Khan, in a case related to the killing

NIA court convicts 2 for murder of retired UP school principal

New Delhi: A PIL has been filed in the Supreme Court challenging the restoration of Lok Sabha membership of former Congress President Rahul Gandhi. &nbsp;
The petition contended that once a member of Parliament or a state legislature loses his office by operation of law, he will continue to be disqualified till he is acquitted from the charges levelled against him.
The petitioner, Ashok Pandey, a Lucknow-based lawyer, prayed the Constitution Bench to decide as to whether on the basis of a stay of conviction, a person who has suffered disqualification by operation of law, will become qualified to be chosen as or for being, a member of Parliament or state legislature.&nbsp;
On August 4, the Supreme Court stayed the conviction of Rahul Gandhi in the ‘Modi surname' defamation case, which had cost him his Lok Sabha membership, saying that no reasons were given by the trial judge for imposing the maximum punishment of two years in the case.
Following the stay order of the Supreme Court, Lok Sabha secretariat restored his membership in Parliament on August 7.
Gandhi was disqualified as an MP in March this year after a Surat court convicted him and sentenced him to two years in prison for his "How come all thieves have Modi as the common surname" remark made during an election rally in Karnataka in April 2019. Gandhi's remark was interpreted as an attempt to draw an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi.&nbsp;
—IANS

A PIL has been filed in the Supreme Court challenging the restoration of Lok Sabha membership of former Congress President Rahul Gandhi.  

PIL in SC challenges restoration of Rahul’s Lok Sabha membership

New Delhi: A Special National Investigation agency (NIA) Court in Bihar has convicted the sixth accused in the East Champaran fake currency case.
Munna Singh (64), pleaded guilty to the charges filed against him by the NIA under sections 120B &amp; 489B of the IPC and sections 16, 18, 20 &amp; 21 of the UA(P) Act. The court will pronounce sentence against him on September 11.
The case was originally registered on September 19, 2015 and taken over by the NIA on December 23 of the same year. Since then, the NIA has chargesheeted eight accused, of whom five were convicted earlier.&nbsp;
A total of ten accused were involved in the case relating to the seizure of High quality Fake Indian Currency Notes (FICNs) having a face value of Rs 5,94,000 from one Afroz Ansari.
The Directorate of Revenue Intelligence (DRI) had nabbed him near Ramgarhwa, Motihari, East Champaran, while he was carrying the fake currency consignment to Raxaul, near the Indo-Nepal border, for further delivery in Nepal. The case was subsequently taken over by the NIA.
During investigations, the NIA arrested and chargesheeted a total of eight persons between 2016 and 2023. Four of the accused, namely Afroz Ansari, Sunny Kumar alias Kabir Khan, Ashraful Alam and Alomgir Seikh were convicted and sentenced to life imprisonment, along with a fine of Rs 30,000, by the NIA Special court in October 2018.
Another accused, Raisuddin, was sentenced to five years rigorous imprisonment with fine of Rs. 5000 last month.&nbsp;
—IANS

Special National Investigation agency (NIA) Court in Bihar has convicted the sixth accused in the East Champaran fake currency case.

Bihar fake currency case: NIA court convicts sixth accused

Los Angeles: <span style="color: rgb(33,37,41);background-color: rgb(255,255,255);font-size: 14px;font-family: Muli, -apple-system, BlinkMacSystemFont, "Segoe UI", Roboto, Oxygen, Ubuntu, Cantarell, "Fira Sans", "Droid Sans", "Helvetica Neue", sans-serif;">Masterson starred on 'That 70's Show', a TV series that was airing at the time of his crimes in the early 2000s, The BBC reported on Thursday. Prosecutors argued Masterson, 47, had relied on his status as a prominent Scientologist to avoid accountability. Judge Charlaine Olmedo allowed the victims of his crimes to read impact statements in court ahead of his sentencing. Prominent former Scientologist and actress Leah Remini attended Thursday's sentencing hearing and comforted the women before and after they delivered their statements. "I wished I had reported him earlier to the police," one of the women said, according to US media. Another woman told Masterson: "I forgive you. Your sickness is no longer mine to bear," according to Reuters. Masterson remained silent throughout the hearing, The BBC reported. As the judge read his sentence -- the maximum penalty allowed -- his wife, Bijou Phillips, was seen in court breaking down in tears. Masterson was found guilty in May at a re-trial after the first jury was unable to reach a verdict in 2022. After his conviction, Masterson was deemed a flight risk and was taken into prison custody. The actor was convicted after three women testified that he had sexually assaulted them at his Hollywood home from 2001-03 -- during the height of his television fame. The jury heard testimony that he had given them drugs before he assaulted them. He was found guilty of rape against two of his three accusers. The charges brought by the third accuser were declared a mistrial and prosecutors said they do not plan to retry the case. Alison Anderson, a lawyer representing two of the victims, said in a statement sent to BBC News that the women "have displayed tremendous strength and bravery, by coming forward to law enforcement and participating directly in two gruelling criminal trials". "Despite persistent harassment, obstruction and intimidation, these courageous women helped hold a ruthless sexual predator accountable today," she said, adding that the women will continue to speak out about the role the church allegedly played during their abuse, The BBC reported. In court on Thursday, one woman described being shunned by her mother, who is still a practicing Scientologist. "She texted me and told me to never contact her again," she said, reported the LA Times. "She had warned me ahead of time she wanted to see Danny Masterson locked away for what he'd done to me, but not at the expense of her religion." Another woman said she had been victimised by the church ever since she first spoke out. "Since the week I came forward to police I have been terrorised, harassed and had my privacy invaded daily by the cult of Scientology for almost seven years now," she said, adding: "But I don't regret it." Masterson was first accused of rape in 2017 during the height of the #MeToo movement. He denied the accusations and said each of the encounters was consensual. Charges came after a three-year investigation by the Los Angeles Police Department. Prosecutors did not file charges in two other cases because of insufficient evidence and the statute of limitations expiring. Throughout the trial, prosecutors argued that the Church of Scientology had helped cover up the assaults -- an allegation the organisation has categorically denied. At the time of the assaults, Masterson and all three of his accusers were Scientologists. Several of the women said it took them years to come forward because Church of Scientology officials discouraged them from reporting the rape to police. Scientology officials told one survivor she would be kicked out of the Church of Scientology unless she signed a non-disclosure agreement and accepted a payment of $400,000 (£320,000), according to prosecutors. During the trial, Judge Olmedo allowed both sides to discuss the dogma and practices of Scientology, angering the organisation. In its statement after the verdict in May, the Church of Scientology said there was "not a scintilla of evidence supporting the scandalous allegations that the Church harassed the accusers". Thursday's sentencing was also attended by Jessica Barth, who founded "Voices in Action" in the wake of the #MeToo movement. Barth was one of the women to publicly accuse disgraced Hollywood producer Harvey Weinstein of abuse. Her non-profit works to encourage others to come forward and report abuse. Before the hearing, a motion for a new trial by Masterson's defence team was denied by the judge, according to an Los Angeles court official. —IANS

Masterson starred on 'That 70's Show', a TV series that was airing at the time of his crimes in the early 2000s, The BBC reported on Thursday.

Actor Danny Masterson sentenced to 30 years to life for two rapes

New Delhi: The Supreme Court has ordered the release of a man who was incarcerated for over 12 years in jail in a murder case after it found that he was juvenile when the offence was committed.
The recent judgment by a bench of Justices B.R. Gavai, P.S. Narasimha, and Sanjay Kumar came as it considered a writ petition filed by a life-sentence convict seeking verification of his claim of being a juvenile as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.&nbsp;
In a report prepared by an Additional Sessions Judge pursuant to the top court’s direction, it came out that the date of birth of the petitioner is May 2,1989.
"If the date of birth of the petitioner is 02.05.1989, he was 16 years 7 months old as on the date of the crime, i.e., 21.12. 2005. Accordingly, the petitioner was a juvenile in conflict with the law on the date of commission of the offence," the Supreme Court held.
It said that as per the law, the petitioner could not have been in custody beyond three years.
"However, as the plea of juvenility was raised for the first time in the present writ petition before us, the process of criminal law, which commenced in 2005, led to the petitioner being convicted and sentence for life imprisonment concurrently by the trial court, the High Court as well as the Supreme Court," it said.
The claim of juvenility can be raised before any Court and at any stage, as prescribed under Section 7A(1) of the Juvenile Justice Act, 2000.
In 2014, the Andhra Pradesh High Court had upheld a 2009 decision of a fast track court sentencing the petitioner and other co-accused persons to undergo imprisonment for life on charges of murder.
The special leave petition filed against the concurrent findings was dismissed by the Supreme Court in 2022.
"Having accepted the report of the II Additional Sessions Judge, Khammam, the petitioner can no longer be incarcerated.… we allow the Writ Petition and direct that the petitioner be released forthwith," ordered the Supreme Court. —IANS

The Supreme Court has ordered the release of a man who was incarcerated for over 12 years in jail in a murder case

SC releases man incarcerated for over 12 years after finding that he was juvenile at time of offence

Guwahati: Six persons were awarded life sentence on Saturday by a court in Assam's Barpeta district for the murder of a man a year-and-a-half ago.
The convicts have been identified as Inzamamul Khan, Saiful Islam, Darog Ali, Lal Mahmud, Badshah Fakir and Faridul Islam.
Rubul Haque was killed after his girlfriend rejected the marriage proposal of one of the convicted persons. According to advocate Jyoti Prasad Das, Barpeta Additional District and Sessions Judge Narayan Kuri held the six accused guilty of killing Haque, a resident of Bandali neighbourhood, on April 16 last year.
One of the convicts had proposed to marry Haque's girlfriend, which was rejected by her. The man later hatched a plot with his friends and killed Haque.
The police submitted the charge sheet within 90 days of the crime, which was heard in a fast-track court.
—IANS

Six persons were awarded life sentence on Saturday by a court in Assam's Barpeta district for the murder of a man a year-and-a-half ago.

Assam: Six sentenced to life in Barpeta murder case

Jaipur: The Rajasthan High Court has reduced the punishment of a convict in an appeal filed around 35 years ago by Vice President Jagdeep Dhankhar when he was a practicing lawyer.
A single bench of Justice Mahendra Goyal gave this decision while disposing of the appeal of convict Gurudayal Singh. In 1989 Dhankhar, as a lawyer, had presented this appeal in the high court on behalf of Singh.
While giving the verdict on the appeal, the division bench of Justice Mahendra Goyal said that Gurudayal Singh's age was 43 when he was arrested, but today he is about 80-years-old.
"The accused is going through the trauma of this case being pending for the last 35 years. In such a situation, while maintaining his conviction and limiting his punishment to the punishment he suffered, this appeal is partially accepted and disposed of," said the court.
Advocate Bhavna Chaudhary, appearing on behalf of Gurudayal Singh, said that this incident took place on March 5, 1988. That day, Pritam Singh had lodged a report at Kishangarh Bass police station in Alwar district that Gurudayal Singh had injured Rajendra Singh by attacking him with a knife.
The police arrested Gurudayal Singh on March 13,1988. When Rajendra Singh died during treatment, the police filed murder case against Gurudayal Singh. But on March 10, 1989, the court found Gurudayal Singh guilty of culpable homicide and sentenced him to four years' imprisonment.
The appellant remained in jail for about two months and 19 days. After that he got the benefit of bail. During this time, Singh filed an appeal in the high court against the decision of Additional District Judge Kishangarh in 1989 and finally his plea was disposed of after 35 years on Monday.
—IANS

The Rajasthan High Court has reduced the punishment of a convict in an appeal filed around 35 years ago by Vice President Jagdeep Dhankhar

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