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2009 Romana hit and run case:Court awards lifer to accused

Asks SLSA to pay 5 lakh to victim’s mother

Nisar Dharma

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Srinagar, Oct 21: Justice was finally delivered after a decade in the 2009 ‘Romana hit and run case’ in which the court Monday convicted the accused and sentenced him to imprisonment for life.

The State Legal Services Authority (SLSA) was also directed to pay a compensation of Rs 5 lakh to the mother of the victim.

On May 3 2009, Romana Javaid, a young female student of uptown Srinagar, was killed after being run over by a car driven by Muhammad Shoaib Darial, a youth from Nowhatta.

 

Shoaib had taken the extreme step as revenge from Romana for resisting to his request to chat with him.

Rejecting all defense pleas raised by the counsel for the accused Muhammad Shoaib Darial son of Muhammad Ashraf Darial, the court of Principal District and Session Judge Abdul Rashid Malik Monday observed that in view of convincing and clinching prosecution evidence, the inevitable conclusion is that prosecution has proved the charges against the accused beyond any reasonable doubt while awarding life sentence to the accused under section 302 RPC.

Romana’s father, Hakeem Javaid Shabnam, told The Kashmir Monitor that he was happy with the court’s decision.

“My daughter’s soul will be relieved today. We are happy that we finally got the justice we were fighting for years. I appreciate the role of police and the judiciary who ensured that the accused was punished for his crime,” said Hakeem.

In the historic judgment, the court observed: “therefore, in this backdrop, the prosecution has proved beyond reasonable doubt that the accused used the vehicle as a weapon of offense and hit the deceased with all force and intention to kill her. The accused tried to run over her but the hit of the vehicle was so powerful that the deceased (Romana) blew up and fell down on the ground. The vital injuries on her head and other parts of the body proved by the doctor demonstrate that the accused had no other intention except to kill the victim to take revenge from her for not responding to his request on the chit to talk to him on his Cell Phone. Therefore, the commission of offense under section 302 is proved beyond any shadow of doubt.”

The court further observed: “From the facts of this case it is quite apparent that the victim didn’t know the accused and never made any effort to falsely implicate him at any stage. The crime was purported in broad daylight.”

While rejecting the contention of the defenses that there was no test identification parade conducted in the case, the court observed that the test identification parade is not substantive evidence. “It can only be used to corroborate statement in the Court. When the witnesses identify the accused also in the court, the evidence can’t be doubted.”

The court also rejected the pleas of the defense Counsel that there are contradictions in the prosecution story saying that “parrot like statements are dis-favoured by the courts and discrepancy has to be distinguished from contradiction.”

While awarding compensation to the mother of the victim, the Court observed that a mere punishment will not satisfy the victim who has suffered as a result of the commission of the crime and every criminal court is also under a legal duty to apply its mind to the question of compensation to the victim of the crime and directed that the State Legal Service Authority shall pay an amount of Rs 5 lakh to the mother of the victim, who at the time of the death of her daughter only saw that the deceased was moving lips and one can imagine the pain and agony which was caused to her due to the death of her daughter.

The court observed: “we live in a civilized society where law and order is supreme and the citizens enjoy in inviolable fundamental human rights. Such incidents cause ripples in the conscience of the society and serious doubts are raised as to whether we really live in a civilized society. When such incidents occur, the only succor people ask for is the state to take command of the situation and remedy it effectively.”


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CJI’s office comes under RTI, rules SC

Agencies

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New Delhi, Nov 13: The Supreme Court on Wednesday held that the office of the Chief Justice of India was a public authority and fell within the ambit of the Right to Information Act.

A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi upheld the 2010 Delhi High Court verdict and dismissed three appeals filed by Secretary General of the Supreme Court and the Central Public Information officer of the apex court.

Cautioning that RTI could be used as a tool of surveillance, the top court in its judgment, held that judicial independence had to be kept in mind while dealing with transparency.

 

The bench, also comprising Justices N V Ramana, D Y Chandrachud, Deepak Gupta and Sanjiv Khanna, said only the names of judges recommended by the Collegium for appointment could be disclosed, not the reasons.

While the CJI and Justices Deepak Gupta and Sanjiv Khanna penned one judgment, Justices Ramana and Chandrachud wrote separate verdicts.

It said that the Right to Privacy was an important aspect and it had to be balanced with transparency while deciding to give out information from the office of the Chief Justice. Justice Chandrachud said the judiciary could not function in total insulation as judges enjoy constitutional posts and discharge public duty.

Justice Sanjiv Khanna said independence of the judiciary and transparency went hand in hand.

Justice Ramana, who concurred with Justice Khanna, said there should be a balancing formula for Right to Privacy and right to transparency and independence of judiciary should be protected from breach.

The High Court on January 10, 2010 had held that the CJI office came within the ambit of the RTI law, saying judicial independence was not a judge’s privilege, but a responsibility cast upon him.

The 88-page judgment was seen as a personal setback to the then CJI, K G Balakrishnan, who had been opposed to disclosure of information relating to judges under the RTI Act.

The high court verdict was delivered by a three-judge bench comprising Chief Justice A P Shah (since retired) and Justices Vikramjit Sen and S Muralidhar. The bench had dismissed a plea of the Supreme Court that contended bringing the CJI’s office within the RTI Act would ‘hamper’ judicial independence.

Justice Sen has retired from the apex court, while Justice Murlidhar is a sitting judge of the High Court.

The move to bring the office of the CJI under the transparency law was initiated by RTI activist S C Agrawal. His lawyer Prashant Bhushan had submitted in the top court that though the apex court should not have been judging its own cause, it was hearing the appeals due to the “doctrine of necessity”.

The lawyer had described the reluctance of the judiciary in parting information under the Right To Information Act as ‘unfortunate’ and ‘disturbing’, asking: “Do judges inhabit a different universe?”

He had submitted the apex court had always stood for transparency in functioning of other organs of State, but it developed cold feet when its own issues required attention. Referring to the RTI provisions, Bhushan had said they also deal with exemptions and information that cannot be given to applicants, but the public interest should always ‘outweigh’ personal interests if the person concerned is holding or about to hold a public office. Dealing with ‘judicial independence’, he said the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from ‘public scrutiny’.

Transparency activists on Wednesday welcomed the Supreme Court’s decision, saying the apex court had reiterated the established position in law in the matter.

“I welcome the decision of the constitution bench to reiterate the established position in law that the CJI is a public authority under the Right to Information (RTI) Act,” said Venkatesh Nayak, head of access to information programme, Commonwealth Human Rights Initiative (CHRI), an NGO.

About the Supreme Court’s remark that RTI could not be used as a tool of surveillance, Nayak termed it as an “extremely unfortunate” observation. “Surveillance has unfortunately been equated with transparency that is required under a law duly passed by Parliament,” he told PTI.

Nayak said surveillance was what the government often does under executive instructions and that was not the purpose of the RTI Act. “People whose cases relating to their life, liberty, property and rights, are decided by the high courts and the Supreme Court. People have the right to know not only the criteria but all material that formed the basis of making the decision regarding appointments of judges in accordance with the provisions of the RTI Act,” he said.

Nayak said where exemptions were available under the RTI Act, they would be legitimately invoked by public authorities and all other information should be in the public domain. He said the appointment of judges, who were public functionary, was a public act.

“People have the right to know everything that is done in a public way by a government, in a democratic country, which must be accountable and responsible,” Nayak said. Former information commissioner Shailesh Gandhi also hailed the top court’s decision. “I had expected the same decision to come as logically there was nothing else. It is unfortunate that this has taken 10 years. The CIC has upheld this. The Delhi HC had also upheld this. Now, the SC has upheld this. All public servants that are paid by the government are a public service, no matter what the position is. You need to be accountable for your work. I congratulate the Chief Justice and the court for having given such a decision,” he said.

RTI activist Subhash Chandra Agrawal lauded the top court’s verdict. “I welcome the Supreme Court’s verdict. It is a victory of the RTI Act,” he said.

Another activist Ajay Dubey said the apex court’s decision was ‘historic’. “It is a historic decision and I welcome it. All decisions made by a public authority must be in public domain and under the RTI Act,” he said.

Dubey, however, expressed shock over the top court’s remark that the RTI Act cannot be used as a tool of surveillance.

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Shopkeeper shot dead in Tral

Monitor News Bureau

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Srinagar, Nov 13: Unidentified gunmen shot dead a shopkeeper at Tral in South Kashmir’s Puwlama district on Wednesday, police said.

The slain was in his shop near Old Bus Stand, Tral, 36 kms from here, when pistol borne masked men shot at him from point-blank range at around 3 p.m.

Zarger was immediately shifted to a nearby hospital, where doctors declared him brought dead.

 

A police official while confirming the killing said the slain hailed from Tral town.

Reports said the killing created panic in the town.

In recent weeks, militants have started targeting civilians and hurling grenades at crowded places to impose shutdown in the Valley.

Last Monday one civilian died while over 40 were injured when militants threw a grenade in a crowded market near city center Lal Chowk in Srinagar.

Prior to that, non-local laborers, truck drivers and fruit traders were targeted by the militants in south Kashmir.

On August 30, unidentified gunmen shot dead a 65-year-old shopkeeper at Parimpora area of Srinagar.  On September 30, unidentified gunmen shot at apple grower at Sopore leaving the grower and four others including a four-year-old girl injured.

The Valley witnessed spontaneous shutdown after the Center abrogated the special status of Jammu and Kashmir under Article 370 and bifurcated the erstwhile state into two union territories on August 5.

However, in recent weeks the impact of the shutdown is waning as more and more people are resuming their normal activities across Kashmir.

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Yet another accident: Four killed, 5 injured in Kishtwar mishap

Press Trust of India

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Jammu, Nov 13: Four people were killed and five others injured when a vehicle skidded off the road and rolled down into a deep gorge in Kishtwar district on Wednesday, officials said.

The vehicle, carrying pilgrims from Palmar to the Sarthal temple, fell into the gorge after the driver lost control over it, they said.

Police and locals rushed to the spot and shifted the injured to a district hospital in Kishtwar, where doctors declared four of them brought dead, the officials said.

 

Three critically injured people were shifted to the Government Medical College here through a chopper for specialised treatment.

District administration, Kishtwar, provided immediate relief of Rs 10,000 each to the family members of the deceased and 5,000 each to the injured.

This is the second such incident in 24 hours as 16 people, including five women and three children, were killed on Tuesday when a passenger vehicle skidded off the road and fell into a deep gorge in Doda district.

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