New Delhi: The Supreme Court reiterated that the three sets of dying declarations by Nirbhaya – the woman who was gang-raped in Delhi on December 16, 2012 – including the one made through gestures, were “true, voluntary and consistent”.
A bench headed by Chief Justice Dipak Misra said the trial court, high court and the Supreme Court elaborately considered the dying declarations during the trial of the case and the convicts could not be allowed to raise the same issues again.
“All the three dying declarations having been relied (on) by trial court, high court and this court and all arguments attacking the dying declarations having been considered and rejected, in its judgment dated May 5, 2017, we are of the view that the petitioner cannot be allowed to re-agitate the same issues which were already considered and expressly rejected by this court,” the bench, also comprising Justices R Banumathi and Ashok Bhushan, said.
The Supreme Court dismissed the review petitions filed by three of the four convicts Mukesh (31), Pawan Gupta (24) and Vinay Sharma (25), saying no ground has been made out by them for a review of the top court verdict of May 5 last year.
The three dying declarations made by Nirbhaya were recorded.
The first declaration was recorded by a doctor when she was admitted to hospital on the night of December 16, 2012 and the second on December 21 by a sub-divisional magistrate during which she gave exact details of the crime.
The third declaration was recorded by a metropolitan magistrate on December 25 and was mostly through gestures.
The bench said that as far as the third dying declaration is concerned, this court has already held that the dying declaration made through signs, gestures or by nods are admissible as evidence.
It also rejected the claim of one of the convicts, Vinay, that he was juvenile at the time of the incident.
The convicts had challenged the validity of the dying declaration and claimed that there were discrepancies in her statement.
With regard to the second declaration, the counsel appearing for the convicts submitted that in the police diary there was no mention of it.
Nirbhaya was raped by six people on the intervening night of December 16-17, 2012 in a bus in south Delhi. She was also severely assaulted before being thrown out on the road. She succumbed to injuries at Mount Elizabeth Hospital in Singapore on December 29, 2012.
The fourth death row convict in the case, Akshay Kumar Singh (31), did not file a review petition against the Supreme Court’s May 5, 2017 verdict.
One of the accused in the case, Ram Singh, had allegedly committed suicide in Tihar Jail in Delhi.
A juvenile accused was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.
‘Mahagathbandhan’ club of ‘nawabs of negativity’: Jaitley
Mumbai: The opposition “mahagathbandhan” (grand alliance) is a club of “nawabs of negativity” and the only glue of this diverse grouping is its opposition to one man (Narendra Modi), Finance Minister Arun Jaitley said.
People of an aspirational society which is politically conscious will not buy into this “suicidal” alternative, the senior BJP leader said.
“The nawabs of negativity may come together but that is not something that will carry credibility as far as people are concerned,” Jaitley said, speaking via video link at the CNBC-TV18 India Business Leadership Awards event. During the video call, Jaitley also spoke about the Union Budget.
This was the first time Jaitley, now in the US for medical treatment, addressed a gathering since leaving the country on Tuesday.
The setback the ruling BJP suffered in Assembly elections in three heartland states recently (Madhya Pradesh, Chhattisgarh and Rajasthan) has enthused some opposition leaders about the likely electoral success of such an alternative.
The “mahagathbandhan” has neither the ideological cohesiveness nor a common programme aimed at building the country or an individual leader, Jaitley said.
As against the BJP’s strengths of leadership, decisiveness, performance and potential, the point being put forward by the opposition is of arithmetic, Jaitley highlighted.
In politics, it is not the arithmetic but chemistry which succeeds, he added.
“The premise is that we have politics which is negative in character and the negative politics is we want one man (Narendra Modi) out. On that negativity of wanting one man out, they (Opposition) have come together,” Jaitley said.
Arun Jaitley also said there is a need to elevate the political debate in the run up to the elections and stressed that we cannot afford a “sloganised political debate” where emotional cries take over sound policy.
Without mentioning the promise of farm loan waivers, which the opposition Congress is pitching for, the minister said “sloganised policies” never help the larger interest of the economy and it is the country’s aspirations which will receive a setback in the process.
Govt compromising national security, why 36 Rafale jets instead of 126: Chidambaram
New Delhi: Senior Congress leader P Chidambaram on Friday accused the government of compromising national security and asked why it bought only 36 Rafale fighter jets instead of 126 required by the Air Force.
His comments come in the wake of fresh revelations on the Rafale deal in a media report which claimed that Prime Minister Narendra Modi’s decision to but 36 aircraft instead of the 126 asked for by the Air Force pushed the price of each jet up by 41.42 per cent.
“In the light of new facts and revelations in THE HINDU, the question gains greater urgency: why did the government buy only 36 Rafale aircraft instead of 126 aircraft required by the Air Force?,” Chidambaram asked in a tweet.
“The Government has compromised national security by denying to the Air Force the 7 squadrons (126 aircraft) that it desperately needs,” he said.
Congress leader Jyotiraditya Scindia also took to Twitter to demand answers from Modi on the increased cost of aircraft. “The PM’s unilateral decision to buy 36 Rafales resulted in a price escalation of 41.42 per cent per jet. When will the prime minister answer? he asked.
No war, but soldiers are dying on borders: Bhagwat
Nagpur: RSS chief Mohan Bhagwat said requisite steps need to combat killings on the border, as soldiers are being martyred sans a war-like situation in the country.
“In our country, there is no war at the moment, still people (soldiers) are getting martyred…Because we are not doing our jobs properly. We need to make efforts in this regard. If we want our country to reach the top, then we all should learn to sacrifice,” he said at a gathering here on Thursday.
Furthermore, Bhagwat said the responsibility of safeguarding the country should not be solely shouldered by the Forces.
“Everybody has to make efforts in this regard. This is not something for which we can give a contract to somebody. We keep thinking that the government will do it or the army will do it, the police will do it, but it’s not like that, the entire society has to make efforts,” he opined.
Citing the example of Israel, Bhagwat noted: “If one looks closely, after 70 long years, those countries in comparison with India have done better in terms of growth and development. Israel is a classic example. The natives were weed out before the 19 c. But citizens there gradually came back to their country and started their businesses, trade etc. Finally, in 1948 they got independence.”