Tag: Convicts

Accused Sentenced to 4 Months Simple Imprisonment As Court in Uri Convicts Him in Cheque Bounce Case

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Zaffer Iqbal
Uri, May 7 (GNS): A Court in Uri has sentenced an accused to four months of simple imprisonment after convicting him in a Cheque Bounce Case.
As learnt by GNS, a case was filed by one Mohammad Dawood Lone son of Abdul Karim Lone, resident of Ramgie Uri against one Abdul Rasheed Bhat, son of Anaytullah Bhat, a resident of Ihtishampora Boniyar under Section 138 of Negotiable Instruments Act before Sub-judge Uri.
In a 22-page long order, gist of which is produced here, the learned judge Altaf Hussain Khan observed that the accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act and the same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment.
“With these observations, accused is convicted of the offence U/S 138 of N.I.Act. However, keeping in view the object of Negotiable Instrument Act, Financial gains which cheque amount in question could have fetched had the payment of amount mentioned in the cheques been made to the complainant by the accused on due date as the complaint in hand has been filed on 212022. Trail of the case 1 too has reached to conclusion within a span of one year and two months. Further accused is apperently old age and is suffering illness. His conduct during trail too has remained satisfactory. He has also paid the interim compensation of Rs 1,94,000 to the complainant in pursuance to order passed by this court on 6-5-2022 in the application for interim relief submitted under section 143-A of Negotiable instruments act and other facts and the circumstances. The accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only ) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees ) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment”, the order, as per GNS, reads. (GNS)
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#Accused #Sentenced #Months #Simple #Imprisonment #Court #Uri #Convicts #Cheque #Bounce #Case
( With inputs from : thegnskashmir.com )

May 7, 2023
Delhi court convicts AAP MLA from Seelampur for assaulting a Govt Servant

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New Delhi: The Rouse Avenue Court in Delhi on Saturday convicted a Member of the Legislative Assembly (MLA) from the Seelampur constituency Abdul Rehman, for criminally intimidating and assaulting a Government School Principal in the year 2009. He is a MLA from Aam Aadmi Party (AAP).
The Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal in the judgement passed on Saturday convicted MLA Abdul Rehman and another accused Asma under offences for Assault/ criminal force to deter public servant from discharge of his duty and Criminal Intimidation with common Intention.
Court said, “having carefully considered the entire case, the documents placed on record, the police report, the testimonies of the prosecution witnesses, the statement of accused persons, the arguments advanced by both the sides and the provisions of law and the rule of procedure, this court holds that the prosecution has successfully proved its case, beyond reasonable doubts, against accused Asma that she caused simple hurt on the person of a public servant in discharge of her duties”.

The prosecution has further proved beyond reasonable doubt that both the accused persons i.e.Abdul Rehman and Asma, in furtherance of their common intention, criminally intimidated the complainant and assaulted her, while she was holding the office of the public servant and was in discharge of her duties as a public servant, to deter her from discharging her duties, said the Court.
Accordingly, both the accused are hereby convicted for the offences under section 353, 506 (Para II) read with sections 34 IPC and additionally, the accused Asma is hereby separately convicted for the offence under section 332 of IPC, Court said in the order.
According to the Police, the complaint of Razia Begum, who at the time of the incident was employed as a Government Servant, working under the Directorate of Education and on the date of the alleged incident she was holding the post of Principal of a Government School. As per the complainant, on 04.02.2009 while performing duties as a Principal of SKV School, Jafrabad, Delhi, she was slapped by the accused Asma, thus causing simple hurt to the complainant.
It was further alleged that the co-accused Abdul Rehman alongwith a few other persons, barged into the school after having made preparation of causing hurt. As per the complainant, the accused persons also threatened to kill her and also abused her with the intention to outrage her modesty.
In the matter, a charge sheet was filed in the court. On the basis of the charge sheet and annexed documents, cognizance of offences was taken and the accused persons were summoned to face trial. After hearing the parties, the charge of offences under sections 451, 323, 506, 509 and 34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial, noted the court.

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#Delhi #court #convicts #AAP #MLA #Seelampur #assaulting #Govt #Servant
( With inputs from www.siasat.com )

April 30, 2023
UK convicts couriers who smuggled £104M cash into Dubai in suitcases on flights

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Abu Dhabi: A network of criminal cash couriers caught smuggling 104 million pounds (Rs 10,69,96,30,697) of suspicious money in suitcases from United Kingdom (UK)
UK’s National Crime Agency said on Wednesday, April 26, that eleven smugglers had been convicted, along with the ringleader.
Four of the business class-flying smugglers were found guilty on Tuesday— 26-year-old Beatrice Auty from London; 55-year-old Jonathan Johnson, and 44-year-old Jo Emma Larvin, both from Ripon, North Yorkshire, and Amy Harrison, 27, from Worcester Park in Surrey, – at Isleworth Crown Court.

The agency accused the smugglers of participating in 83 separate trips between November 2019 and October 2020, to smuggle bags full of drug money.
Smuggling method
The smugglers boarded business-class flights to take advantage of the increased baggage allowance, and check-in as soon as possible before departure.
Smugglers have concealed sums of up to 500,000 pounds (Rs 5,14,60,750) by filling them in coffee cans or spraying them with air fresheners to mask the smell from police dogs at airports.
The gang members communicated via WhatsApp groups called Sunshine and Lollipops.
The British police had targeted the routes used to launder money for suspicious activities in London via Dubai, fearing that the money would be difficult to track once it was removed from the country.

“The laundering of such vast quantities of cash around the globe enables organised criminals and corrupt elites to clean or hide their ill-gotten gains.”
“Cash smugglers typically work on behalf of international controller networks, who move the finances of the international drug trade, people traffickers, fraudsters and other criminal groups, making the source of the money difficult to trace.”
“The criminality this enables costs the UK billions every year, causes misery and ruins lives across the world.”
“This case demonstrates the continued commitment by the NCA to crackdown on money laundering and close the vulnerabilities being exploited.”
said Adrian Searle, the NCA’s Director of the National Economic Crime Centre.
Couriers were paid about 3,000 pounds (Rs 3,08,660) for each trip.
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#convicts #couriers #smuggled #104M #cash #Dubai #suitcases #flights
( With inputs from www.siasat.com )

April 28, 2023
Delhi court convicts father-son duo in 2020 riots case

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New Delhi: A court here has convicted a father-son duo for rioting and arson in a case of the 2020 North East Delhi riots, saying the prosecution proved the charges against them beyond a reasonable doubt.
The case against Mithhan Singh and his son Jony Kumar was being heard by Additional Sessions Judge (ASJ) Pulastya Pramachala.
The duo was accused of being part of a riotous mob that set many properties on fire in lane number 4 in Khajuri Khas on February 25, 2020.

“I find that it is proved beyond doubt against both the accused that they were part of the mob which burnt the property (of complainant Shabana Khatoon). Thus, they are held guilty of the offences under sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 436 (mischief by fire or explosive substance with intent to destroy house, etc) read with section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code and convicted accordingly,” the judge said.
The court posted the matter for filing affidavits on April 19, following which the proceedings on sentencing will commence.
An unlawful assembly was established with the shared goal of harming the properties of a specific community, according to ASJ Pramachala, who took note of the statements of various public witnesses. The riotous mob also committed acts of vandalism and arson, according to the judge.
Regarding the claim that the two were members of the mob, the judge stated that none of the complainants, locals, or other witnesses backed the prosecution’s evidence and refused to label the accused as mob members.
The judge stated that prosecution witnesses Mohd. Tahir and Constable Rohtash were the only witnesses to identify the duo as mob members.

He said Tahir’s testimony was “reliable” to show both accused were out in the lane and that they had joined the riotous mob raising slogans, while Constable Rohtash was the beat officer of the area and saw the duo as part of the mob that torched Khatoon’s property.
Because there was no entry in the daily diary or formal report on the occurrence, the judge ruled that the police official’s testimony could not be discarded.
Based on the evidence of the two witnesses, there was “no doubt that both accused persons were part of the mob” that indulged in the incident of arson at Khatoon’s property, the judge said.
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#Delhi #court #convicts #fatherson #duo #riots #case
( With inputs from www.siasat.com )

April 19, 2023
Mumbai train blasts: HC quashes death row convict’s plea seeking info under RTI

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New Delhi: The Delhi High Court on Tuesday dismissed a petition by a death row convict in the 2006 Mumbai train blast case seeking disclosure of information pertaining to the ban imposed on terrorist outfit Indian Mujahideen.
Ehtesham Qutubuddin Siddique had filed an application under the RTI Act seeking “background notes” of the Centre and reports of state governments of Gujarat, Delhi and Andhra Pradesh in relation to the ban on the organisation, which was stated to have carried out the blast. The outfit was proscribed under the stringent anti-terror law Unlawful Activities(Prevention) Act (UAPA).
The petitioner challenged in the high court an order passed by the Chief Information Commissioner (CIC) on June 13, 2019 denying him the information on the ground that it was covered under the exemptions provided in the RTI Act.

While refusing to interfere with the CIC’s decision, Justice Prathiba M Singh said the information sought by the petitioner has far reaching consequences and has to be seen from the “larger issue of safety and security of the public and the nation”. It said the information Siddique has sought, if provided, will have a bearing on sovereignty and security of the country.
“A perusal of the information shows that the same has far reaching consequences. The same organisation is stated to be involved in various unfortunate incidents since 2005, some resulting in severe loss of life and property,” said the court.
It observed that the disclosure of the information sought by the petitioner can “jeopardize the sources” of the government in relation to the ban on Indian Mujahideen and the CIC’s opinion that sharing the information would endanger the sources is “correct and does not require interference”.
“In view of the above, the writ petition is devoid of merit and is dismissed,” ruled the court.
Advocate Arpit Bhargava, representing the petitioner, contended the information sought in the RTI application was needed to prove the innocence of the petitioner in the criminal case and there was no further need to maintain confidentiality in relation to the “background notes” and the reports of the states as Indian Mujahideen has already been declared a banned organisation under UAPA.

The counsel for the Centre said the information in question cannot be disclosed as it is confidential and disclosure will be against public interest.
Siddique was awarded capital punishment for the July 11, 2006 serial blasts when seven bombs packed with RDX ripped through many western line local trains in Mumbai killing 189 peeople and injuring 829.
The petitioner, currently lodged in a prison, claimed in his plea he was falsely implicated by the Anti-Terrorism Squad of Mumbai in the train blasts case.
The trial court’s order of sentence is still pending confirmation by the Bombay High Court and the reports of the state governments and the Centre’s background notes would prove the innocence of the petitioner as well as violation of his human rights, the plea said.
Last year, the high court had dismissed another petition by Siddique challenging a CIC order denying disclosure of certain information pertaining to the sanction granted by the Maharashtra government for his prosecution under UAPA.
The high court had earlier this year rejected his petition seeking reports submitted by the Maharashtra and Andhra Pradesh governments regarding investigation into the train bombings.
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#Mumbai #train #blasts #quashes #death #row #convicts #plea #seeking #info #RTI
( With inputs from www.siasat.com )

April 18, 2023
Godhra train burning case: SC to hear pleas of Gujarat govt, convicts on Monday

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New Delhi: The Supreme Court is scheduled to hear on Monday bail pleas of several convicts serving life imprisonment in the 2002 Godhra train burning case.
A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala is scheduled to hear along with the bail applications a batch of pleas of the convicts challenging their convictions.
On March 24, the top court had said it will dispose of the bail applications of the convicts on the next date of hearing of the matter.

It had taken note of the submissions of Solicitor General Tushar Mehta, appearing for the Gujarat government, that he has to verify certain factual details with regard to some convicts.
The top court had, however, extended the bail granted to one of the convicts on the ground that his wife was suffering from cancer. Mehta had supported the extension of bail on medical grounds.
Earlier on March 17, the top court had said it will hear on March 24 the appeal of the Gujarat government and the bail pleas of several accused in the case.
On February 20, the state government had told the top court that it will be seeking death penalty to 11 convicts whose sentences in the 2002 Godhra train burning case were commuted to life imprisonment by the Gujarat High Court.
“We will be seriously pressing for award of death penalty to the convicts whose death penalties were commuted into life imprisonment (by the Gujarat High Court). This is the rarest of rare cases where 59 people, including women and children, were burnt alive,” the solicitor general had said.

“It is consistent everywhere that the bogie (coach) was locked from outside. Fifty-nine died, including ladies and children,” he had added.
Giving details on the court case, the law officer had said 11 convicts were sentenced to death by a trial court and 20 others granted life term in the case.
The high court upheld total 31 convictions in the case and commuted the death penalties of the 11 convicts to life term, Mehta had said.
On February 27, 2002, 59 people were killed when the S-6 coach of the Sabarmati Express was burnt at Gujarat’s Godhra, triggering riots in the state.
The state government has come in appeal against the commutation of death penalty into life term for 11 convicts, Mehta had said. Several accused, he added, have filed pleas against the high court upholding their convictions in the case.
The top court has granted bail to two convicts in the case so far. Seven other bail pleas are pending adjudication in the matter.
The bench noted that a large number of bail applications have been filed before it in the case and said, “It has been agreed that the AORs (advocates-on-record) on behalf of applicants along with advocate Swati Ghildiyal, standing counsel for Gujarat, shall prepare a comprehensive chart with all relevant details. List after three weeks.”
The Supreme Court had on January 30 sought the Gujarat government’s response on the bail pleas of some of the convicts sentenced to life imprisonment in the case.
The court issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto and Abdul Sattar Ibrahim Gaddi Asla, among others.
The state government, on the other hand, said it was not “merely a stone pelting” case as the convicts had bolted a coach of the Sabarmati Express, leading to the death of several passengers on the train.
On December 15, last year, the top court granted bail to one Faruk, who was serving life sentence in the case and noted that he had been in jail for 17 years.
Faruk, along with several others, was convicted for pelting stones at a coach of the train.
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#Godhra #train #burning #case #hear #pleas #Gujarat #govt #convicts #Monday
( With inputs from www.siasat.com )

April 9, 2023
Murder of tribal man: Kerala special court convicts 13 people for

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Palakkad: A special court in Kerala on Tuesday convicted 13 people for beating to death a tribal man in Palakkad district of the state for allegedly stealing food articles in 2018.
Madhu, a tribal man from Attappady, was beaten to death after he was caught and tied up by a group of local people alleging theft on February 22, 2018.
More than five years after the incident, special court judge K M Ratheesh Kumar convicted them for the offence of culpable homicide not amounting to murder under Section 304 Part II of the Indian Penal Code (IPC) which carries a maximum punishment of 10 years jail term, Special Public Prosecutor (SPP) Rajesh M Menon told reporters.

The jail terms to be served by the convicts would be pronounced on Wednesday, the SPP said.
He also said that of the 13, the first accused was convicted for the offence under Section 304 II of IPC and the remaining 12 were additionally held guilty for the crimes under Section 326 (voluntarily causing grievous hurt by dangerous weapons or means) and 367 (kidnapping or abducting in order to subject person to griev ous hurt, slavery) of the IPC.
Sections 326 and 367 carry maximum punishments of life imprisonment and up to 10 years jail term, respectively.
The 12 convicts were also held guilty for the offence under Section 3(1)(d) of the SC/ST Act, the SPP said.
The 16th accused in the case was only held guilty for the offence of assault or criminal force otherwise than on grave provocation under Section 352 IPC which carries a punishment which may extend to three months or a fine which may extend to Rs 500 or both, he said.

The SPP said the court was of the view that the accused did not have the intention to kill the tribal man.
Of the 16 persons, the remaining two accused were acquitted by the court.
SPP Menon said the court did not find the accused guilty of murder and the reasons for the same would be evident after the judgement copy is made available.
Madhu’s mother said she was not satisfied with the verdict, especially the acquittal of the two accused and none of the 16 being convicted for murder. “I will appeal against this verdict,” she told reporters outside the court.
The victim’s sister said she was thankful to the court for convicting 14 of the 16 accused.
The sister also said she was happy with the outcome as no one thought they could carry their fight for justice to Madhu so long and till this stage.
“So, I will no longer be disappointed or sad. I know I can take this matter all the way to the Supreme Court, if required. We will go in appeal seeking murder charges and against the acquittal of the two accused.
“I do not believe that my brother has got justice. He will not get justice till all of them (all 16 accused) are convicted,” she said outside the court.
The special court had reserved its judgement in the case on March 30.
Prior to the pronouncement of the verdict, the victim’s mother and sister said they expected that Madhu will get justice. “We expect a good verdict,” the victim’s mother said.
His sister said: “I believe my brother will get justice. We expect it to be a good verdict.”
The trial in the matter saw witnesses turning hostile, allegations of threats to the victim’s family to settle or withdraw the case and a change in the SPP in June last year.
Advocate Menon, who was the additional public prosecutor in the case, took charge as SPP in June last year after the victim’s family sought a change in prosecutor.
He was the fourth SPP in the case.
According to the post-mortem report in the case, Madhu had injuries on the head and bruises all over the body, including broken ribs, as well as internal bleeding, police had said.
Madhu, who was said to be mentally unsound, was living in a cave in the forest for the past several months, his family had said.
His mother and sister had told television channels back in 2018 that a group of nearly 10-15 persons had gone to the forest and thrashed him for allegedly stealing food articles from some shops in the forest-fringe Agali town of Palakkad district.
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#Murder #tribal #man #Kerala #special #court #convicts #people
( With inputs from www.siasat.com )

April 4, 2023
‘Horrendous’: SC issues notice on plea against release of 11 convicts in Bilkis Bano case

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New Delhi: The Supreme Court on Monday issued notice on a petition filed by 2002 Gujarat riots victim Bilkis Bano against the premature release of 11 persons convicted of her gang-rape and murder of her family members, calling the offence “horrendous”.
A bench of Justices K.M. Joseph and B.V. Nagarathna observed that before hearing the plea, the court would like to know what is the gamut of issues, which would aid in knowing the framework within which the issues have to be considered.
Advocate Shobha Gupta, representing Bilkis Bano, submitted that the state (Maharashtra), where the trial was held should decide on the remission of the convicts, and not the state where offence was committed.
During the hearing in the matter, the bench orally observed that the offence was “horrendous”.
Advocate Vrinda Grover, representing one of the petitioners, contended that the trial judge said no remission should be granted and also the CBI said that remission should not be given, yet they were released.
As the judges queried how many years each accused had spent in jail, counsel, representing one of the convicts, said over 15 years and 14 years is the requirement for consideration under Gujarat government remission policy. However, it was contested by a counsel, representing one of the petitioners.
Grover also informed the court, while on parole, another case of molestation of a woman was filed against one of the convicts and this was completely ignored while granting remission.
A contention was made during the hearing in the matter that all the petitions against the release of 11 convicts were “emotional pleas”. However, the bench said it is only on the law and has nothing to do with emotions. Noting that the crime against Bilkis Bano and her family was horrendous one, the bench made it clear that the matter will be decided on the basis of law.

After hearing detailed submissions, the top court scheduled the matter for further hearing on April 18.
Justice Joseph observed that the court has many murder cases before it, where convicts are languishing in jails for remission without years and queried if is this a case where standards have been applied uniformly as in other cases?
The bench directed the parties involved in the matter to complete the pleadings by the next date of hearing and also asked the state government to be ready with the relevant files connected with granting remission to the convicts on the next date of hearing.
In the plea, Bilkis Bano said: “The premature release of all the convicts came as a shock not only to the petitioner, to her grown up daughters, to her family, but also to the society at large, nationally and internationally, and the society across segments had shown their anger, disappointment, distrust and protest to the clemency shown by the Government by releasing criminals like the 11 convicts of the case.”
Terming the release order mechanical, the plea contended that the premature release of the convicts in much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in several agitations across the country.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
A batch of the petitions have been filed against the release of 11 convicts, including the one filed by Bilkis Bano. The other petitions were filed by CPI-M leader Subhashini Ali, Trinamool Congress MP Mahua Moitra, National Federation of Indian Women, Meeran Chadha Borwankar and others, Asma Shafique Shaikh and others. The top court has issued notice on all the pleas filed in the matter.
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#Horrendous #issues #notice #plea #release #convicts #Bilkis #Bano #case
( With inputs from www.siasat.com )

March 27, 2023
Bilkis Bano case: SC to hear pleas against premature release of 11 convicts today

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New Delhi: The Supreme Court will hear a batch of pleas on Monday challenging the release of 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
The Gujarat government had granted remission to 11 convicts on August 10 last year following which they walked free on August 15, 2022.
A bench of Justices KM Joseph and BV Nagarathna will hear the case on March 27.
On March 22, Chief Justice of India DY Chandrachud said that he will constitute a bench to hear pleas. “I will have a bench constituted. Need to break two benches for it. Will look at it this evening,” he said after advocate Shobha Gupta, appearing for Bano, mentioned the plea for an early listing of the case.
Earlier also advocate Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted by the CJI as Justice Bela M Trivedi recused from hearing the plea.
A bench of Justices Ajay Rastogi and Bela M Trivedi earlier had ordered that matter be listed before the bench, in which Justice Trivedi is not a part of as she had recused herself from hearing the case.
Besides filing a petition against the pre-mature release of convicts, Bano had also filed a review petition seeking a review of its earlier order by which it had asked the Gujarat government to consider the plea for the remission of one of the convicts.
The review petition was dismissed.

Some PILs were filed seeking directions to revoke the remission granted to 11 convicts.
The pleas were filed by the National Federation of Indian Women, whose General Secretary is Annie Raja, Member of the Communist Party of India (Marxist) Subhashini Ali, journalist Revati Laul, social activist and professor Roop Rekha Verma and TMC MP Mahua Moitra.
Gujarat government in its affidavit had defended remission granted to convicts saying they completed 14 years of sentence in prison and their “behaviour was found to be good”.
The State government said it has considered the cases of all 11 convicts as per the policy of 1992 and remission was granted on August 10, 2022, and the Central government also approved the pre-mature release of convicts.
It is pertinent to note that the remission was not granted under the circular governing grant of remission to prisoners as part of the celebration of “Azadi Ka Amrit Mahotsav”, it had said.
The affidavit stated, “State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”
The government had also questioned the locus standi of petitioners who filed the PIL challenging the decision saying they are outsiders to the case.
The pleas said they have challenged the order of competent authority of the government of Gujarat by way of which 11 persons who were accused in a set of heinous offences committed in Gujarat were allowed to walk free on August 15, 2022, pursuant to remission being extended to them.
The remission in this heinous case would be entirely against public interest and would shock the collective public conscience, as also be entirely against the interests of the victim (whose family has publicly made statements worrying for her safety), pleas stated.
The Gujarat government released the 11 convicts, who were sentenced to life imprisonment, on August 15. All the 11 life-term convicts in the case were released as per the remission policy prevalent in Gujarat at the time of their conviction in 2008.
In March 2002 during the post-Godhra riots, Bano was gang-raped and left to die with 14 members of her family, including her three-year-old daughter. She was five months pregnant when rioters attacked her family in Vadodara.
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#Bilkis #Bano #case #hear #pleas #premature #release #convicts #today
( With inputs from www.siasat.com )

March 27, 2023
Godhra train case: SC to hear pleas of Gujarat govt, convicts on Apr 10

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New Delhi: The Supreme Court on Friday said it will dispose of the bail pleas of several convicts serving life imprisonment in the 2002 Godhra train burning case on April 10.
A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, appearing for the Gujarat government, that he has to verify certain factual details with regard to some convicts.
The bench, also comprising justices P S Narasimha and J B Pardiwala, considered the submissions of the law officer and adjourned the hearing to April 10, and said it will “dispose of” the pending bail pleas of the convicts on that day.
The bench, meanwhile, extended the bail granted to one of the convicts earlier on the ground that his wife was suffering from cancer.
“His wife is suffering from cancer. My consent may be recorded,” said the law officer while supporting the extension of bail.
Earlier on March 17, the top court had said it will hear on March 24 the appeal of the Gujarat government and the bail pleas of several accused in the case.
On February 20, the state government had told the top court that it will be seeking award of death penalty to 11 convicts whose sentences in the 2002 Godhra train burning case were commuted to life imprisonment by the Gujarat High Court.
“We will be seriously pressing for award of death penalty to the convicts whose death penalties were commuted into life imprisonment (by the Gujarat High Court). This is the rarest of rare cases where 59 people, including women and children, were burnt alive,” the solicitor general had said.

“It is consistent everywhere that the bogei (coach) was locked from outside. Fifty-nine died, including ladies and children,” he had added.
Giving details, the law officer had said 11 convicts were sentenced to death by a trial court and 20 others granted life term in the case.
The high court upheld total 31 convictions in the case and commuted the death penalties of the 11 convicts to life term, Mehta had said.
On February 27, 2002, 59 people were killed when the S-6 coach of the Sabarmati Express was burnt at Gujarat’s Godhra, triggering riots in the state.
The state government has come in appeal against the commutation of death penalty into life term for 11 convicts, Mehta said. Several accused, he added, have filed pleas against the high court upholding their convictions in the case.
The top court has granted bail to two convicts in the case so far. Seven other bail pleas are pending adjudication in the matter.
The bench noted that a large number of bail applications have been filed before it in the case and said, “It has been agreed that the AORs (advocates-on-record) on behalf of applicants along with advocate Swati Ghildiyal, standing counsel for Gujarat, shall prepare a comprehensive chart with all relevant details. List after three weeks.” The Supreme Court had on January 30 sought the Gujarat government’s response on the bail pleas of some of the convicts sentenced to life imprisonment in the case.
The court issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto and Abdul Sattar Ibrahim Gaddi Asla, among others.
The state government, on the other hand, said it was not “merely a stone pelting” case as the convicts had bolted a coach of the Sabarmati Express, leading to the death of several passengers on the train.
“Some are saying their role was just stone pelting. But when you lock a bogei from outside, light it on fire and then pelt stones, it is not just stone pelting,” the solicitor general had said.
On December 15, last year, the top court granted bail to Faruk, who was serving a life sentence in the case and noted that he had been in jail for 17 years.
Faruk, along with several others, was convicted for pelting stones at a coach of the train.
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#Godhra #train #case #hear #pleas #Gujarat #govt #convicts #Apr
( With inputs from www.siasat.com )

March 24, 2023