Home Blog Page 5439

Juvenile law needs a relook

Following the story of four of Shakti Mills gang rape accused been given life sentence has once again provoked people to ask the question that should juveniles be exempted from punishments given to adults for committing the same crime in gruesome cases such as rape? Perhaps what triggered the wrath of people more was that in the Nirbhaya gangrape case, the most brutal accused was just short of six months to reach his adult age. He was lucky to escape rigorous imprisonment and was sent to juvenile home for three years. Not to mention he was the one who was the most brutal to the victim, the one who used iron rods to torment her physically.

The problem with this kind of law is that no one knows what is the actual age to treat an accused as an adult and punish him accordingly. Besides, it is wrong to say that a sixteen or a seventeen year old boy is incapable of knowing that raping someone or being brutal with them is not wrong. They don’t need to be drilled with the thought that traumatising any women is wrong. They already know it. So is it a source of strength for juveniles who know that they can get away with such brutal acts? Does the provision in our law encourage them? Data by the National Crime Records Bureau (NCRB) reveals a 143% jump in rapes by minors in a decade from 2002 to 2012.

Earlier after the Nirbhaya case, there was a plea to amend the juvenile act in matters of rape and murder. Repeated pleas to judge the maturity of juveniles between the age group of sixteen to eighteen was rejected by the trial court which did not want any alterations in the juvenile act.

By doing so, are we making our country any safer for women? If a certain section of our population knows that they can get away with committing such crimes then imagine the consequences. It might just give them the license to commit such atrocities. Parents, teachers and peer groups play a huge role. One has to sensitise juveniles towards women’s issues. Teach them to respect women. Help them have a healthy relationship with their female peers. Only then will they learn to be sensitive towards them.

Make juvenile laws stricter in case of serious crimes. This will curb crimes to some extent. Let laws be more women friendly. Try and make this nation a healthy place to live in.

Why is Advani keen to contest election?

If you have noticed, the sparrows descending playfully in the courtyards some ten years ago, they looked happier but today they look harassed and distraught (their beaks wide open). These birds may pick up some food from here and there but continue to remain thirsty because they don’t find water to drink in the vicinity. It is our duty to hang some pots at convenient places which will enable them to drink water. Recently, I installed a plastic tray on a tree at my home in native place so that birds can drink water and quench their thirst. “Chalat Musafir Moh Liyo re Pinjare Wali Munia”, is a beautiful song from Teesri Kasam.

However, even the sparrows are harassed and agitated at the news that Lal Krishna Advani is sulking again. The quintessential “Mere Angne Main Fir Aaja Re” bird seemed to ask, why is Advani contesting an election and not caring for us at this ripe age?

It is disgusting to notice that Lal Krishna Advani still wants to contest the forthcoming Lok Sabha election even though he has past his prime. If you want Narendra Modi to become the Prime Minister of India, why are you keen to contest election to become “ PM by chance” or the Home Minister under his leadership to receive an opportunity once again and say, “I was not consulted while making important decisions pertaining to the party.”

There have been reports in media about the differences between Modi and Advani. It would be better if Advani makes way for grooming young leaders in the party. We have a party with a difference, the RSS and the “Sant samaj”. However, nobody possesses courage to inform him to refrain from contesting election and remain as a mentor to work for the party’s development and sacrifice the post.

Persons like LK Advani, Sushma Swaraj, Uma Bharti, Murli Manohar Joshi will try to sabotage the chances of Narendra Modi to become prime minister if the numbers fall short. Modi must be remain watchful and carefully cultivate faith with “Madanpura” ( sari vyaparis) Muslims of Varanasi to firmly take them on board. He should not allow tactful persons like Kejriwal to fish in troubled waters who is trying to become a messiah for the community. Muslims are wise and they must understand that certain aspects must be left behind ( not misguided by others) to march ahead on path of progress and prosperity, both, for themselves and the country.

Court grants Life imprisonment for all 4 convicts of Shakti Mills

Ujjwal-NikamA sessions court on Friday pronounced life imprisonment for all four convicts in the telephone operator gang-rape case.

While sentencing the four convicts, the court observed that the offence of rape was serious and brutal.

“The offence violates the victim and the society at large. This is also the violation of the fundamental right of Right to Life and it should be kept in mind coupled with the fact that the offence of rape has caused agony on her mind,” observed Principal Sessions Judge Shalini Phansalkar-Joshi.

The court also held that the convicts – Vijay Jadhav (19), Mohammad Qasim Hafiz Shaikh alias Kasim Bengali (21), Mohammad Ansari (28) and Mohammad Ashfaque Shaikh (26) – did not commit the offence on the spur of the moment but it was a premeditated conspiracy.

After the court pronounced the quantum of punishment to the four, Special Public Prosecutor Ujjwal Nikam filed an application seeking framing of additional charges on the three common convicts in the photojournalist gang-rape case, for repeated offence under Section 376(e) of the IPC.

Nikam said that the maximum penalty under Section 376(e) of IPC is capital punishment.

The court adjourned the photojournalist gang-rape case till March 24 to decide on the application after which it will proceed with the pronouncing of quantum of punishment.

On Thursday, the court found five people guilty of two gang-rape cases in July-August last year in the Shakti Mills Complex.

Home Minister RR Patil, who was present in the sessions court hearing on Thursday, had hailed the verdict and called it as the ‘Nirbhaya’ case of Mumbai, referring to the December 2012 brutal gang-rape of a physiotherapy student in Delhi.

“The judgement has been delivered in a record time. Mumbai prides itself in being a city safe for women. This verdict will be a deterrent (to sex offenders)… We welcome the verdict,” Patil had told after the ruling.

Vijay Jadhav, Qasim Hafiz Sheikh alias Bengali, Mohammed Salim Ansari were found guilty in both the cases.

Besides, a fourth accused, Siraj Khan, 21, was found guilty in the gang-rape of the photojournalist and Ashfaque Sheikh, 26, was found guilty in the gang-rape of the call centre employee.

At least one minor involved in both cases is being tried separately by a juvenile court.

The first case pertains to a 23-year old photojournalist who was working as a trainee with an English magazine and was gang-raped by five youths, including a minor, when she and a male colleague had gone to the Shakti mills compound for an assignment.

The second case about a 19-year old call centre employee, who was gang-raped in the same premises July 31, came to light after she recognised the perpetrators of the crime from the pictures flashed by the police in the photojournalist’s case.

The accused were found guilty under Sections 376 (D) for gang-rape and other sections pertaining to wrongful restraint, criminal intimidation, conspiracy, common intention, unnatural sex, and sections of the Information Technology Act as the attackers had also made a video clip of the incident.

Putting forth arguments on the point of sentencing yesterday, Nikam had told the court that maximum punishment provided for gang-rape under Indian Penal Code is life imprisonment and sought the maximum punishment for the accused.

“These accused have a criminal tendency,” he had said.

“The cases were tried in fastest possible time and victims have got justice….Hope this verdict will act as a deterrent,” he said.

Nikam had also said that the trial of the two juveniles will begin now as the verdict in the case is out.

Maharashtra ATS chief Himanshu Roy, who had spearheaded the investigation as the crime branch chief, had also welcomed the conviction of the five persons.

Roy had said that the telephone operator case was the most difficult as the victim had approached the police after a month of the incident.

“It became difficult as the case was reported a month later. However, since the Mills compound was deserted we found our evidence intact. If the location would have been a frequented place, then the case would have become worse,” he said.

Government gets EC’s nod on compensation for farmers

maharashtra-hailMaharashtra government on Thursday got a nod from the Election Commission of India to announce the relief package for the hailstorm-hit farmers.

Following the order Chief Secretary JS Saharia announced the relief package.

Crops on more than 20 lakh hectares have been destroyed due to the hailstorms, the assessment so far has revealed.

The compensation for crops on non-irrigated and irrigated lands would be Rs. 10,000 and Rs. 15,000 a hectare, respectively, while the compensation for the horticultural cultivation would be Rs. 25,000 a hectare.

There would be a waiver of Rs. 268 crore towards interest on crop loans and electricity bills of Rs 200 crore.

Saharia said that the compensation of Rs. 1 lakh will be given to the relatives of the farmers who committed suicide, while it would be Rs. 1.5 lakh for the kin of those who died in hailstorm-related mishaps.

Twenty-eight deaths and 32 suicides of farmers were recorded in the last few weeks.

“We received the nod from the ECI this evening. All the district collectors have been asked to immediately deposit the compensation amounts in the bank accounts of the farmers. We are releasing Rs 260 crore as first instalment,” the chief secretary said.

Anna hails jail term for Shiv Sena Lok Sabha candidate Gholap

anna-hazareAnti-corruption activist Anna Hazare expressed his satisfaction on Friday after a Mumbai-based Anti-Corruption Bureau special court sentenced former Maharashtra minister Babanrao Gholap to three years’ imprisonment.

Incidentally, Gholap was recently declared as the Shiv Sena’s candidate from the Shirdi Lok Sabha constituency, despite Hazare’s appeal to Shiv Sena supremo Uddhav Thackeray.

Presently an MLA from a constituency in Nashik, Gholap was social welfare minister in the BJP-Shiv Sena led Maharashtra government in 1995 and had resigned in 1999 due to allegations of corruption.

He was accused of being involved in siphoning off Rs. 4.5 crore from three state-run corporations into the bankrupt Awami Mercantile Bank, for which he allegedly received kickbacks.

“This judgement proves that most political parties still strongly shelter corrupt and criminal elements for selfish motives,” said Hazare.

Congratulating Milind Yawatkar, who had petitioned the court against Gholap, Hazare said that Yawatkar is a loyal follower of Nationalist Congress Party (NCP) chief Sharad Pawar.

Hazare said that Pawar has made Padamsinh Patil who was in prison for corruption and criminal acts, the NCP’s candidate from Osmanabad, adding that Pawar must learn from his loyalist Yawatkar and change the NCP’s candidate from Osmanabad.

He appealed to the people to vote for right candidates and not political parties, in order to save democracy.

Denied Congress ticket, Suresh Kalmadi to fight as Independent?

After being denied ticket by the party to contest the upcoming Lok Sabha polls from here, scam-tainted Congress leader Suresh Kalmadi is now mulling to fight as an Independent candidate this time, reports said on Friday.

Although nothing is clear as yet, Kalmadi on Thursday said that he will decide his future course of action after discussions with his supporters on Friday, triggering speculation that the tainted MP from Pune may contest as an Independent.

Kalmadi told reporters that he was given a rousing reception by “thousands of his supporters” when he arrived at Pune airport yesterday after which he assured them that he will decide the future course of action after discussing the issue with them.

He was denied ticket in view of the serious corruption allegations against him in connection with the preparations of Commonwealth Games of which he was the organising secretary.

Vishwajeet Kadam, who is the youth president of Congress in Maharashtra, was nominated by the party from Pune.

Kalmadi, who was Secretary of the Congress Parliamentary Party, was suspended after the CWG scam.

Kadam’s name was announced by the Congress in the third list of 58 candidates for the Lok Sabha polls that was released on Tuesday.

Aamir Khan rejects allegations of forcibly vacating flats

Bollywood star Aamir Khan rejected allegations of misconduct and pressure tactics in connection with a redevelopment plan for his Pali Hill housing society amid claims that the members were being forced by him to sell their property.

A mother and daughter, residents of the same society where Aamir lived sometime back, alleged that the society’s managing committee was misleading homeowners and pressuring them to sell their property to the ‘Dhoom 3’ star.

However, the spokesperson of 49-year-old actor has denied the allegations.

“We would like to clarify on behalf of our client Mr. Aamir Khan that he denies all allegations regarding him putting any pressure on his society to go in for redevelopment.

The fact is Mr. Khan left the building more than a year ago, after an incident of a slab of concrete falling on the head of one of the members, resulting in the member being hospitalised,” the spokesman said in a statement.

“Mr. Khan strongly denies any allegations of pressure tactics or misconduct on his part, and takes strong exception to attempts being made to defame him,” it said.

The statement further clarified that, in absence of Khan, the society had several meetings and discussions, regarding redevelopment. The general body passed a resolution with 80 per cent majority members voting in favour of redevelopment.

Thereafter, the society made a request in writing to Khan to make an offer. The actor gave the matter due thought and made an offer. In his offer letter, he also suggested the society to invite other offers to ensure best value for the society and its members.

Pawar withdraws transfer plea in Munde’s suit on MCA elections

Union Agriculture Minister and recently-elected Mumbai Cricket Association President Sharad Pawar today withdrew his plea in the Bombay High Court seeking transfer of suit filed against him by senior BJP leader Gopinath Munde from one civil court to another.

When the matter came up for hearing on March 19, Justice Rajesh Ketkar asked Pawar’s counsel to withdraw the transfer application as the court was inclined to dismiss it.

Pawar’s counsel Abhay Khandeparkar sought time to seek instructions and the matter was kept for hearing today when the court was informed that Pawar wanted to withdraw the transfer plea.

Accordingly, the court allowed him to withdraw the application.

Munde, who had thrown his hat in the ring for MCA president’s post, had challenged the rejection of his nomination in the election by filing a suit in a civil court.

Pawar’s transfer application had said that the suit was based upon the interpretation of rules of MCA and the judge had dealt “exhaustively” with them at an earlier stage, but the main hearing, too, would depend on interpretation of same rules, so “it is desirable that the suit be assigned to any other court for final disposal.”

Munde’s counsel, Vivekananda Gupta, opposed the plea saying the transfer application was not maintainable and termed it as “forum-hunting”.

Pawar had earlier moved a civil court seeking transfer of the case to another court. However, he withdrew his plea in civil court with a liberty to move the high court.

Accordingly, he approached a high court bench, which allowed him to withdraw the transfer application once again.

The court, on November 26 last year, had temporarily restrained Pawar from functioning as MCA chief, but the high court had overturned the ruling.

Meiyappan, Vindoo voice samples match in IPL match fixing

In more trouble for IPL betting scandal accused Gurunath Meiyappan, an ex-official of Chennai Super Kings (CSK), and actor Vindoo Dara Singh, their voice samples matched with the tapped telephonic conversation in which they were purportedly discussing matches and betting activities, police said on Friday.

Mumbai Police, probing the scandal that surfaced in 2013 edition of the T20 league, recently received a forensic report which confirmed the voice samples of Meiyappan and Vindoo matched with the tapped telephonic conversation between them during IPL matches, a senior Crime Branch official said.

Meiyappan, who was Team Principal of CSK, and Vindoo were arrested in the wake of scandal and are now on bail. The report will further strengthen our case against the two. During the conversation, Meiyappan, son-in-law of BCCI President N Srinivasan, was found discussing things such as possible outcome of matches, toss, team composition, pitch condition, weather and betting activities among others, the officer said.

Investigators have in their possession extensive transcripts of telephone conversations not only between the two but also other accused, police said.

Vindoo used to collect match-related information from Meiyappan and then shared it with bookies, they said. In September last year, Meiyappan was chargesheeted along with Vindoo and 20 others in the IPL betting case for forgery, cheating and criminal conspiracy, four months after the scandal rocked the cricketing world.

Sacked Gavit to Send a Strong Message: NCP

NCP today justified the sacking of Maharashtra Medical Education Minister Vijay Kumar Gavit after his daughter got a BJP ticket for Lok Sabha, saying that allowing a family member to join an opposition party despite a warning amounted to an anti-party act.

Upon NCP’s recommendation, Gavit was sacked from the ministry two days ago.

State NCP president Bhaskar Jadhav told that Gavit had been asked to stop his daughter from joining BJP and contesting from Nandurbar against Congress veteran Manikrao Gavit.

“However, he did not do so, which proves that the move was deliberate. He has been given a show-cause notice and the decision to expel him from the party will be taken after we get his reply,” Jadhav said.

When asked why NCP did not take any action against Gavit when his brother contested against the Congress candidate on Samajwadi Party ticket in 2009, and also against Datta Meghe, then with NCP, when his son Sagar joined BJP, Jadhav said the party needed to send out a strong message this time.

“Gavit’s daughter, Hina, is unmarried, and stays with the father. She could not have taken the decision without the father’s approval,” Jadhav said.

When asked whether in NCP’s view unmarried women cannot take decisions on their own, Jadhav said, “I did not mean to say that.”

He also lashed out at the BJP leader Gopinath Munde for creating a divide between the Gavit father-daughter duo.

“Because of Munde, Gavit’s political career is in peril,” he said.