Calcutta HC rejects ISIS operative’s bail prayer

Calcutta HC rejects ISIS operative's bail prayer
Calcutta HC rejects ISIS operative’s bail prayer

The Calcutta High Court today rejected the bail prayer of suspected ISIS operative Musa, who had allegedly planned to attack Mother House here and other places in West Bengal.

Musa alias Md Mosiuddin had allegedly attacked a jail warden on December 4 inside the correctional home where he is lodged on judicial remand.

The suspected ISIS operative was arrested in July, 2016, by the state CID when he was travelling to Birbhum district in West Bengal. Firearms and sharp weapons were allegedly seized from his possession.

The investigation was later transferred to the National Investigation Agency (NIA), which took custody of Musa and submitted the chargesheet before the designated special court here in December last.

The suspected terrorist had filed a bail application before the special court in May this year, which was rejected in June.

He then moved the high court against the special court order and also prayed for bail.

Opposing the bail prayer, NIA counsel Sanjay Bardhan submitted before a division bench comprising Justice Joymalya Bagchi and Justice R Bharadwaj that the charges against the accused were serious in nature and that he had attacked a jail warden with a sharp weapon inside Alipore Central Correctional Home on December 4.

Bardhan submitted that Musa had allegedly planned to attack the Mother House in Kolkata, the headquarters of Missionaries of Charity, and that investigation was on into his plans and associates.

He submitted that releasing a person with such serious charges against him would seriously hamper the investigation.

Musa’s counsel submitted that the chargesheet against him had been filed after the requisite time frame, but the NIA counsel denied the claim.

After hearing both the parties, the bench rejected the bail prayer and dismissed his appeal against the special court order.

( Source – PTI )

2 men get 10-yr jail term for possessing 126 kg ‘ganja’

2 men get 10-yr jail term for possessing 126 kg 'ganja'
2 men get 10-yr jail term for possessing 126 kg ‘ganja’

A Delhi court has awarded two persons a rigorous jail term of 10 years for possessing 126 kgs of ‘ganja’, a contraband substance.

Special NDPS Judge Rajesh Kumar Singh also imposed a fine of Rs one lakh on each of the convicts while holding them guilty of the offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The court, while awarding the minimum jail term to convicts Pramod Kumar Padhan, 26, and Prashant Kumar Padhan, 30, took a lenient view considering they were first time offenders and deserved a chance to reform.

“Considering their age and family background, they deserve an opportunity to reform themselves and therefore, I am inclined to award them the minimum sentence under the NPDS Act,” the judge said.

According to the prosecution, both the men were arrested in 2013 after the police conducted a raid on receiving a tip off that they were engaged in procuring and supplying the substance.

The convicts, natives of Orissa, were caught possessing 126 kg of ganja near Mehrauli in south Delhi.

However, during the trial, the convicts had denied the allegations levelled against them.

The prosecution had sought maximum punishment of 20 years for them on the ground that drug trafficking cases were on the rise in the country and they deserved to be dealt with sternly.

( Source – PTI )

Man convicted for molestation; spared jail by judge

Man convicted for molestation; spared jail by judge
Man convicted for molestation; spared jail by judge

A Thane court has convicted a 28-year-old man for outraging the modesty of a minor girl in 2010, but did not send him to jail and only imposed a fine.

First Class Judicial Magistrate R T Ingle, in his order yesterday, said he was not in favour of sending the convict, Mandar Jagtap, to jail considering his age when the incident took place.

The judge, however, slapped a fine of Rs 5,000 on the convict and said the amount should be transferred to the account of the District Legal Aid Services.

Jagtap had committed the crime when he was 21.

“At the time of the incident, the accused was 21 years of age. Usually, such mistakes happen in the said age. The trial has run into seven years which was a constant burden on the accused and a punishment in itself,” the judge said.

“If I send the convict in jail, he may become a hardened criminal. The objective of any punishment is to reclaim the offender.

“Having regard to the facts and circumstances of the case, in my opinion, payment of fine instead of imprisonment, will serve the purpose,” he observed.

Additional Public Prosecutor (APP) Rashmi Kshirsagar told the court the victim was studying in class 9 at the time of the incident on June 28, 2010, when she was returning home in Vartak Nagar from school at about 4.30 pm.

Some persons followed the girl, then in her mid teens, and one of them made obscene gestures at her, Kshirsagar said.

According to the APP, the girl lodged a complaint with the local police station following which Jagtap was booked under IPC section 509 (word, gesture or act intended to insult the modesty of a woman), and later arrested.

( Source – PTI )

Dalit woman rape: Court awards death sentence to labourer

Dalit woman rape: Court awards death sentence to labourer
Dalit woman rape: Court awards death sentence to labourer

A court here today awarded death sentence to Ameerul Islam, the lone convict found guilty in the rape and murder case of a 30-year old Dalit law student in Kerala last year.

Ernakulam Principal Sessions court judge N Anil Kumar awarded death penalty to Islam, a migrant labourer from Assam, for committing murder of the law student at nearby Perumbavoor.

Islam has been awarded life imprisonment for committing the rape of the woman after he was also found guilty under Indian Penal Code Section 376 (A) (causing death or causes the woman to be in persistent vegetative state while committing rape).

The court had yesterday heard the versions of defence and prosecution in awarding the quantum of punishment in the case.

The defence counsel had yesterday moved an application seeking a fair probe, arguing that Islam, who only understands his mother tongue Assamese, was not given a fair treatment by the Kerala Police, which probed the case.

The court, however, had rejected the application, saying that the one submitted by the accused for further investigation was not in accordance with law.

The prosecution narrated the brutal manner in which the 30-year old law student was raped and murdered, and argued that it was a rarest of the rare case.

They had argued that a death sentence should be awarded to the convict, who, they said was a pervert.

The diabolic and barbaric manner in which the crime was committed on the unarmed woman was almost like that committed on Nirbhaya, victim of the gangrape and fatal assault in New Delhi in 2012, it had said.

Islam’s counsel had said he was not guilty and that the police had framed him in the case.

Referring to various judgements by the Supreme Court and high courts, he had argued there was no eyewitness to the crime and the death penalty cannot be awarded merely on the basis of circumstantial evidence.

Islam was found guilty by the court on Tuesday under various sections of the IPC, including 449 (house trespass in order to commit offence punishable with death), 342 (punishment for wrongful confinement), 302 (murder), 376 (rape) 376 (A) (causing death or causes the woman to be in persistent vegetative state while committing rape).

The Special Investigation Team probing the case had used DNA technology and verification of call record details to prove Islam’s involvement in the crime.

The court had on December 6 completed hearing in the case and posted for today the pronouncement of the quantum of punishment.

Islam was charged with raping and murdering the woman at Perumbavoor on April 28, 2016.

He was booked under various sections of IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules.

As many as 100 witnesses were examined during the trial, which commenced in April last.

The woman, who hailed from a poor family, was brutally assaulted using sharp-edged weapons before being murdered at her house.

Islam, who had left Perumbavoor soon after committing the crime, was arrested from Kancheepuram in neighbouring Tamil Nadu, 50 days after the gruesome incident.

More than 100 police personnel questioned over 1,500 people in the case.

Fingerprints of over 5,000 people were also examined by the SIT personnel, who went through over 20 lakh telephonic conversations before reaching Islam.

( Source – PTI )

Tripura HC notice on journalist killing

Tripura HC notice on journalist killing
Tripura HC notice on journalist killing

The Tripura High Court has issued separate notices to the state government, the Centre and the CBI seeking a reply as to why a CBI probe should not be ordered into the killing of TV journalist Shantanu Bhowmik.

The journalist was hacked to death on September 20 last when he went to Mandai in West Tripura district to cover a protest by the Indigenous Peoples Front of Tripura (IPFT).

The writ petition filed by the journalist’s father Sadhan Bhowmik, seeking a CBI probe, came up for hearing yesterday.

A division bench comprising Chief Justice T Vaiphei and Justice S Talapatra served the notices after studying the submission of advocate Samrat Kar Bhowmik, who represented the petitioner.

Tripura Advocate General Bijan Chandra Das said the court had issued notice to all the three parties.

The petition will be again heard on December 20, he said.

The journalist s father had filed the case on December 7 last.

Earlier he had expressed dissatisfaction over the investigation being conducted by the Special Investigation Team (SIT), constituted by the state government.

( Source – PTI )

Man gets 3-yr rigorous imprisonment for molesting minor girl

Man gets 3-yr rigorous imprisonment for molesting minor girl
Man gets 3-yr rigorous imprisonment for molesting minor girl

A Thane district court has awarded three years’ rigorous imprisonment to a 34-year-old man for molesting a 15-year-old girl in his neighbourhood.

District judge and special designated judge for cases under POCSO Act, P R Kadam, held the accused — Mavji Lalji Verat — guilty under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 342 (wrongful confinement) and 452 (house-trespass after preparation for hurt, assault or wrongful restraint).

The judge also held the man guilty under relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act, while pronouncing the punishment to him along with a fine of Rs 21,000.

Special prosecutor Rekha Hiwrale told the court that the victim, residing at the home of a relative and the accused were neighbours in Airoli township of Navi Mumbai in the district.

On March 4, 2015 the girl’s relatives left for Gujarat to celebrate the Holi festival while leaving her in the care of the family of the accused.

On March 5, the man entered the girl’s house when she was alone and asked for some water to drink. The girl gave him water and returned to the kitchen to arrange utensils. But, the man followed her there and touched her inappropriately.

The girl then pushed him aside and rushed out of the house to save herself. She also reported the matter to a relative following which her parents came to the place and filed a complaint against the accused, Hiwrale said.

The accused pleaded not guilty while stating that he was falsely roped in the case because of a financial dispute with the complainant.

The defence argued that the victim did not make a hue and cry when the incident occurred and did not inform immediately about it to anyone.

However, Judge Kadam said, “I do not find substance in this submission. The court cannot overlook the situation in which the minor girl was. She managed to escape from the hands of the accused and came out of the house immediately.

Thereafter, the accused went away on his motorcycle.”

The judge also noted that the girl immediately called her uncle asking him not to allow the man in their house and that she will inform him in detail about the incident on his return.

“What else is expected in this situation from a 15-year-old girl. Is she expected to communicate the humiliating incident to all neighbours by making a loud hue and cry when she came out of danger? Certainly not,” the judge said.

He held that the prosecution had successfully proved all charges against the accused, while pronouncing the order on December 11.

( Source – PTI )

6 sentenced to death in suspected honour killing of Dalit man

6 sentenced to death in suspected honour killing of Dalit man
6 sentenced to death in suspected honour killing of Dalit man

Six persons were sentenced to death by a court here today in connection with the suspected honour killing of a 22-year old Dalit man in full public view in nearby Udumalpet in March last year.

Those sentenced to death included the father of the woman, who had married the Dalit man despite opposition from her family.

Tirupur Principal District and Sessions Judge Alamelu Natarajan also sentenced another accused to life term and another to five years imprisonment in the case.

The judge acquitted three other accused, including the mother of the woman, a Caste Hindu.

During the trial, the prosecution has argued that it was a case of honour killing.

The case drew outrage as a video showing the savage attack by three persons who hacked the man, Shankar, and his wife Kausalya near a busy road on March 13, 2016 was telecast by TV channels.

In the video, the three men were seen attacking Shankar and his wife, dealing repeated blows on them and leaving the place on a two-wheeler after the cold blooded murder even as scared bystanders remained mute witnesses to the carnage.

Various political parties had condemned the killing.

Kausalya, who escaped with injuries, had then said her father was totally opposed to their relationship and threatened to act against Shankar.

( Source – PTI )

Not much headway made in Rajiv murder conspiracy probe: SC

Not much headway made in Rajiv murder conspiracy probe: SC
Not much headway made in Rajiv murder conspiracy probe: SC

The Supreme Court today said the CBI-led investigation in the larger conspiracy behind the assassination of former Prime Minister Rajiv Gandhi does not appear to have achieved “much headway”.

The apex court referred to the reports filed before it by the CBI and observed that the investigation by the Multi Disciplinary Monitoring Agency (MDMA) could be “endless”.

The MDMA is headed by a CBI official and comprises officers from IB, RAW and Revenue Intelligence and other agencies.

“The MDMA is investigating the larger conspiracy. From CBI reports, it doesn’t seem that there is much headway. So this enquiry could be endless,” a bench comprising Justices Ranjan Gogoi and R Banumathi said.

The top court also arrayed the Centre as a party in the plea filed by one of the convicts in the Rajiv Gandhi assassination case.

The bench fixed the matter for hearing on January 24.

The apex court had on November 14 asked the government to respond to a plea of the convict, A G Perarivalan, seeking suspension of his sentence till the CBI concluded its probe into the conspiracy behind the making of the belt bomb that killed Gandhi and several others.

The court asked the Centre to clarify its stand on the plea by Perarivalan, whose death sentence was earlier commuted to life term by the apex court.

In his plea, Perarivalan has told the court that he was held guilty for supplying two nine-volt batteries which were allegedly used in the improvised explosive device (IED) that killed Gandhi on May 21, 1991, but the probe by CBI-led MDMA relating to the IED was still going on.

The convict has said he has spent 26 years behind bars in connection with the case, while the Tamil Nadu government has already decided to set him free by remitting the remaining portion of his sentence.

Rajiv Gandhi was assassinated on the night of May 21, 1991 at Sriperumbudur in Tamil Nadu by a woman suicide bomber, identified as Dhanu, at an election rally. Fourteen others, including Dhanu herself, were also killed.

This was perhaps the first case of suicide bombing which had claimed the life of a high-profile global leader.

The Centre had earlier filed in a sealed cover a report on the investigation being carried out on the conspiracy aspect behind the making of the bomb that had killed Gandhi.

The apex court had on August 17 asked the Centre and CBI to apprise it of the probe being carried out on the conspiracy aspect behind the making of bomb after Perarivalan had claimed that this aspect was not being probed properly.

The apex court had on February 18, 2014 commuted the death sentence of Perarivalan to life imprisonment, along with two other condemned prisoners — Santhan and Murugan — on grounds of a delay of 11 years in deciding their mercy pleas by the Centre.

( Source – PTI )

SC dismisses plea against bail to trustees of Ryan

SC dismisses plea against bail to trustees of Ryan
SC dismisses plea against bail to trustees of Ryan

The Supreme Court today dismissed a plea challenging the anticipatory bail granted to three trustees of the Ryan International Group in connection with the killing of a student in the school premises.

A bench of Justices R K Agrawal and A M Sapre said the “petition is dismissed.”

The court had earlier reserved the order on the plea of the father of 7-year-old boy, who was found dead in Ryan International School in Gurgaon, challenging the anticipatory bail granted to the trustees of the group.

Pradhuman, a Class II student, was found with his throat slit in the school washroom in Gurgaon on September 8. School bus conductor Ashok Kumar was earlier arrested by Haryana Police in connection with the crime. He was recently granted bail by a lower court.

The case was transferred to the CBI and the agency had apprehended a Class 11 student in connection with the killing.

The high court had on November 21 granted anticipatory bail to Ryan International Group CEO Ryan Pinto and his parents — founding chairman Augustine Pinto and managing director Grace Pinto, in connection with the killing of Pradhuman.

The boy’s father had approached the apex court seeking cancellation of the bail to the trustees.

( Source – PTI )

British national moves Delhi HC against extradition proceedings

British national moves Delhi HC against extradition proceedings
British national moves Delhi HC against extradition proceedings

A 73-year-old British national, wanted in a child abuse and trafficking case in the Philippines, has moved the Delhi High Court challenging the proceedings in a trial court to extradite him to that country.

A bench of justices Vipin Sanghi and P S Teji has sought the response of the Centre on the plea of Lennox James Ellis, who was arrested from Goa on June 9 last year on the basis of a Red Corner Notice issued by Interpol at the behest of the Philippines government.

Ellis has been lodged in Tihar Jail since July 11 last year where he was sent after being incarcerated in a Goa jail for over a month.

He had entered India on January 15 last year on a valid tourist visa and was arrested from Goa airport when he was about to board a flight to Bangkok.

In his plea filed through advocate Ramni Taneja, Ellis has contended that he cannot be extradited to Philippines as the extradition treaty of India with that country was published in the Official Gazette on August 23, 2016, much after his arrest.

Therefore, the Extradition Act cannot be applied to him retrospectively, he has contended.

He also argued that he has been incarcerated in India for nearly 17 months “arbitrarily and illegally and without any legal basis whatsoever”.

He also claimed in his plea that the issue of his extradition is between the UK and the Philippines and “India has no nexus whatsoever in this case”.

He alleged that the instant case is one of “political persecution and political vendetta by the highest authority of the Philippines”.

He further claimed that if extradited to that country “he will be summarily executed and killed by the brutal regime” there.

He sought quashing of the notification of the treaty with Philippines, the extradition request sent by that country and proceedings going on in the trial court to extradite him.

Apart from that, the petition also seeks his immediate discharge and release from prison.

The high court has listed the matter for further hearing on January 25.

( Source – PTI )