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kandahar hijack
Hijackers wanted to crash plane in Pak
SC sets aside its own verdict approving mercy killing
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Sahara chief to appear in SC today
SC quashes privilege notice by MP House against Lokayukta
Fatwas are mere opinions: SC
Congress a philosophy of love, can’t be wiped out, says Rahul
Third Front, AAP part of Cong ‘stop-Modi’ brigade, says BJP
U'khand minister booked for
molestation
Judiciary not guilty of over-reach, says former SC judge
Shinde clarifies on ‘electronic media’ remark
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kandahar
hijack
What the court said
Chandigarh, February 25 The High Court also made it clear that the prosecution failed to prove that accused Dilip Kumar Bhujel and Yusuf Nepali were part of the conspiracy to hijack Indian Airlines Flight IC-814. The duo may soon walk out of jail, as their conviction only under the Arms Act has been upheld by the Bench of Justice Hemant Gupta and Justice Fateh Deep Singh. The development is significant as the Supreme Court had in its recent orders commuted death sentence to life due to delay. In this case, the High Court refused to enhance life imprisonment into death for the same reason. The flight from Kathmandu to New Delhi, with 179 passengers and 11 crew members on board, was hijacked on December 24, 1999, and taken to Kandahar in Afghanistan by five hijackers who are still absconding. One of the passengers, Rupin Katyal was killed by hijackers before negotiations began. The Government of India released Maulana Masood Azhar, Umar Sheikh and Mohd. Zargar on December 31, 1999, in exchange for remaining passengers. Abdul Latif and Yusuf Nepali were arrested at Mumbai during the investigation of a bank dacoity. In his confessional statement, Abdul Latif then gave details of how he came in contact with the militants. Taking up the matter, the Bench said: “Some of the activities in India and Nepal as well as the telephonic conversations stand corroborated. Such evidence is sufficient to prove planning and execution of the conspiracy to hijack the flight and to kill passengers, if the demands are not met in which appellant Abdul Latif was an active participant…. We find the prosecution has led cogent and convincing evidence on record to corroborate the confessional statement suffered by appellant Abdul Latif to show that he actively participated in the criminal conspiracy with the other accused to hijack the Indian Airlines flight to secure the release of Maulana.”
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Hijackers wanted to crash plane in Pak
Chandigarh, February 25 Appearing as prosecution witness number one, Saran told the Punjab and Haryana High Court that Kandahar Air Traffic Control greeted them with ‘Welcome to Kandahar’ when they reached there. Upon landing, the hijacker “Chief” waved at six persons in Kabuli dress in an open jeep with a rocket launcher. This is not all. Victim Rupin Katyal sustained 29 external injuries, most on his neck, as revealed by his post-mortem examination. One injury was caused by a blunt weapon and the remaining by sharp-edged weapons. Saran told the trial court that on December 27, 1999, he noticed in the cockpit about 100 bullets, “few hand grenades of different colours” and “different kinds of pistols with magazines” that he had not seen earlier. He said hijackers forced him to stop the aircraft in the middle of the runway on December 24, 1999. They did not permit him to take the aircraft to the apron for re-fuelling and told him to keep the plane rotating on the runway. Air Traffic Control (ATC), on the other hand, wanted him to switch off the engine as a precautionary measure so the bowser (fuel tanker) could be sent near the aircraft. The ATC sent the bowser, which stood nearly 500 metres from the aircraft on the side of the runway, but the hijackers panicked. Apprehending trouble, they started threatening Saran again and again. He said he heard some cries in the cabin before hijacker “Burger” came inside the cockpit and told hijacker “Chief” they had killed four persons. The “Chief”, in turn, told him to inform the Amritsar ATC about the killings because of delay in sending the bowser. The “Chief” then placed a revolver on Saran and flight engineer Jagia’s neck before directing them to take off without re-fuelling. Initially, Lahore ATC told them the runway was closed. The runway lights were also switched off to prevent them from landing, compelling Saran to descend in search of a place where the plane could be crash landed to save maximum number of passengers. After knowing the height of the aircraft, ATC Lahore gave him permission to land. The High Court said, “The prosecution has been able to prove the hijacking of the aircraft, the fear and threats meted out to the passengers and crew members and also the injuries on the person of Rupin Katyal, which led to his death."
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SC sets aside its own verdict approving mercy killing
New Delhi, February 25 The 2011 judgment, delivered in a case pertaining to a rape victim lying in coma for nearly 30 years in a Mumbai hospital, was based on a misinterpretation of a 1996 verdict (Gian Kaur vs State of Punjab) of a Constitution Bench, the SC ruled today. The Constitution Bench had not expressed any binding view on the subject of euthanasia and had merely reiterated that legislature would be the appropriate authority to allow mercy killings of terminally ill and suffering patients, a Bench comprising Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh clarified. The SC verdict came on a PIL filed by NGO Common Cause in 2005, pleading for a declaration that the right to die with dignity was a fundamental right within the fold of the "right to live with dignity" guaranteed under Article 21 of the Constitution. Observing that important questions of law were involved in the issue, the SC said it required the careful consideration of a Constitution Bench "for the benefit of humanity as a whole" and referred the matter to such a Bench.
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Sahara chief to appear in SC today
New Delhi, February 25 Now, Roy would have to come to the SC tomorrow and appear before a Bench comprising Justices KS Radhakrishnan and JS Khehar and explain the reasons for defying the SC order for more than 1.5 years. “The rule of law should be maintained,” the Bench told Roy’s senior counsel Ram Jethmalani who pleaded for exempting his client. The court’s orders should be implemented in letter and spirit, it said. On February 20, the Bench had directed Roy and three directors of the group to be present in the court on February 26. It had also asked SEBI to start selling Sahara’s properties, the documents of which the group had given to the SC as security for the funds it had raised from small investors in the form of fully convertible debentures since 2008.
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SC quashes privilege notice by MP House against Lokayukta
New Delhi, February 25 “No privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the MP Lokayukta Evam Uplokayukta Act 1981 apply,” ruled a Bench comprising Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh. The SC verdict came on a writ petition filed by Justice Dayal and the officials in 2007, challenging the notices served on them. Pointing out that the Lokayukta had not made any inquiry against any of the MLAs or the Speaker, the SC held that the “complaints made against the petitioners by some of the MLAs were completely uncalled for,
illegal and unconstitutional. The Speaker has no jurisdiction to entertain any such complaint, which is not
even maintainable.” The apex court also clarified that there was no Constitutional provision to restrain such watchdogs from investigating complaints of corruption against ministers and other lawmakers. The Lokayukta had acted deriving the authority conferred on it under the law enacted by the assembly itself and “therefore, the action taken by the petitioners under the said Act cannot constitute a breach of privilege of that Legislative Assembly,” the SC ruled. The officers working under the office of the Speaker were also public servants within the meaning of Section 2(g) of the Lokayukta Act and as such the watchdog and its officers were entitled and duty-bound to carry out investigation and inquiry into the allegations against them, it clarified in the 60-page verdict.
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Fatwas are mere opinions: SC New Delhi, February 25 “The court can only say that the state will protect the people subjected to suffering due to fatwas,” a Bench comprising Justices CK Prasad and PC Ghose remarked while hearing arguments on a PIL seeking a declaration that fatwas were illegal as these
were the result of a parallel judicial system run by religious bodies.
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Congress a philosophy of love, can’t be wiped out, says Rahul
Guwahati, February 25 BJP PM nominee Narendra Modi had given a call to wipe out the Congress from the country in the Lok Sabha elections during his February 22 rally in the state. Addressing a rally here on the first day of his two-day visit to Assam, Rahul said, “Those who are talking of wiping out the Congress are ignorant about the power of the spirit of love that forms the basis of Congress’ philosophy and that has sustained India, the nation, for centuries.” “India is like a ‘guldasta’ (bouquet of flowers). This country can be run only with love and peace. There is no need to wipe out anything here. The BJP talks of Hindutva, but they have not read the Gita which teaches us to win hearts of fellow people with love,” Rahul said. Saying that the Congress was focused on devolving power — to the common people, especially women, Rahul said, “India can’t become a super power without empowering its women which constitute almost 50 per cent of the population. I want to see women occupying 50 per cent seats in the Lok Sabha, Rajya Sabha and state Assemblies in the coming days.” “I am not a leader who wants your (people’s) power in my hands. I want to give more power to you, listen to you and learn from you because you have better knowledge about your problems than those sitting in New Delhi like me. “Some leaders come and say they will change the country but it is the people who can change the country,” Rahul said.
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Third Front, AAP part of Cong ‘stop-Modi’ brigade, says BJP
New Delhi, February 25 The saffron party kept alive speculations of a tie-up with Ram Vilas Paswan’s Lok Janshakti Party (LJP) and played host to TRS chief K Chandrasekhar Rao. “Voting for them (Third Front and AAP) will be like voting for the Congress,” BJP spokesman Prakash Javadekar said. On the lookout for new allies, the saffron party is drawing comfort from the absence of former NDA allies — Biju Janata Dal (BJD) and Asom Gana Parishad (AGP) — from the crucial Third Front meeting today. Giving it further impetus was Chandrasekhar Rao touching base with party president Rajnath Singh, apparently to thank him for the saffron party’s support in the formation of Telengana. BJP leaders called the TRS chief’s visit yet another endorsement in favour of Modi, just like Paswan’s. Though the party played safe on the alliance with the LJP, calling “politics a game of many possibilities”, sources say the tie-up was possible but there were issues concerning seat-sharing formula for the 40 Bihar Lok Sabha seats.
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U'khand minister booked for
molestation
New Delhi, February 25 Harak is currently a Cabinet Minister without a portfolio. The alleged victim is a lawyer based in Delhi. She lodged a complaint at the Safdarjung Enclave Police Station against Harak on Monday. She alleged that Harak Singh had misbehaved with her at a house in Green Park in September 2013. Harak had also allegedly threatened the victim after the incident. The victim had gone to meet Harak. The police have not disclosed the reason of the visit, but the meeting was fixed prior to the incident.
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Sanjay Dutt’s parole under HC gaze
Mumbai, February 25 Hearing a public interest petition filed by a Pune-based lawyer, the court wondered why the actor was being favoured. "What is the point of rules and regulations if a convict can enjoy 105 days outside the jail?" the court asked. The petition was filed by Pune-based lawyer Tushar Pabale who has sought details on the basis of which parole was granted to the actor. The Maharashtra state government has been asked to explain the reasons behind the grant of furlough to the actor.
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Judiciary not guilty of over-reach, says former SC judge
New Delhi, February 25 Each of the three constituents of the state - Legislature, Executive and Judiciary - were assigned specific duties and the judiciary was bound to step in when lapses on the part of the first two were brought to its notice, Justice Singhvi said. He was addressing a gathering of jurists and legal experts at a function for releasing a book titled “Supreme Court Asserts as Conscience Keeper of the Constitution of India,” authored by Justice SN Aggarwal, former judge of the Punjab and Haryana High Court. The book was released jointly by him and Justice AK Sikri, a sitting judge of the SC. It was only those people with vested interests were talking of judicial activism or over-reach, not the general public, he said. None of the HCs or the SC had so far delivered any judgment by going beyond the constitutional principles or mandate, nor was this going to happen ever,
he said. In his book, Justice Aggarwal has analysed several important SC judgments, including on the 2G spectrum scam and the appointment of PJ Thomas as the Central Vigilance Commissioner (CVC). Justices Singhvi and Sikri said the book would be of great use to legal practitioners. Justice (retd) MM Aggarwal was among those who attended the function.
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Shinde clarifies on ‘electronic media’ remark
Sholapur (Maharashtra), Feb 25 “I have recording of my speech. I was referring to social media and the violence incited against the students from the Northeast in Hyderabad and Karnataka. My comments were not about journalism”, he said here last night. Shinde had stoked a controversy on Sunday evening by threatening to “crush” the electronic media, alleging a section of it was unnecessarily provoking the Congress by indulging in “false propaganda” against it. The outburst by Shinde, a Congress leader who hails from Maharashtra’s Sholapur district, came at a Youth Congress event. Shinde, who is a Lok Sabha MP from Sholapur, alleged that since the last four months a section of the electronic media is “manipulating” news about him and his party. The video footage of his remarks along with his clarification were aired by news channels today. “What is happening in the electronic media largely I am aware of it. In the last four months there have been efforts by the media to provoke us (Congress). We will crush such elements in the electronic media,” he said. — PTI
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