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Nirbhaya’s declarations by gestures ‘true, voluntary, consistent’: SC

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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.


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National

Rahul ‘regrets’ using SC reference in ‘chowkidar chor hai’ remark over Rafale deal

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New Delhi: Congress president Rahul Gandhi on Monday filed his response to a contempt petition filed by Bharatiya Janata Party (BJP) Meenakshi Lekhi over his remark on the Rafale deal. Rahul said that he ‘regrets’ using Supreme Court’s reference in ‘chowkidar chor hai’ remark and it was ‘made in the heat of the political campaign.’

SC had last week issued a notice to Rahul Gandhi in connection to the contempt petition and sought an explanation from him.

In his response, the Congress president said that the statement was made in the “heat of political campaigning” but alleged that it has been “used and misused by political opponents.”

 

“I will not attribute any views, observations or findings to the court in political addresses to the media and in public speeches, unless such views, observations or findings are recorded by the Court,” Rahul Gandhi said.

“It is also clear that no court would ever do that (say Chowkidar Chor hai) and hence the unfortunate references (for which I express regret) to the court order and to the political juxtaposition in the same breath in the heat of the political campaigning,” he added.

The Supreme Court will hear the matter .

After the apex court had dismissed preliminary objection raised by the Centre seeking review of the earlier judgment in the Rafale case, the Congress president remarked: “Supreme Court has said chowkidar chor hai in the verdict.”

While making the observations last week, a bench headed by Chief Justice Ranjan Gogoi said: “We make it clear that views, observations, findings attributed to this court in the alleged speeches, remarks made by Gandhi to media/public have been incorrectly attributed to this court. We also make it clear that this court had no occasion to make such observation in as much as it was deciding legal admissibility of certain documents which were objected by the attorney general.”

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Like father, like son: Jaya Prada reacts to Abdullah Azam Khan’s ‘Anarkali’ jibe

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New Delhi: Jaya Prada on Monday lashed out at Abdullah Azam Khan for his remarks from a day earlier in which he described her as ‘Anarkali.’

Abdullah, son of Samajwadi Party leader Azam Khan, had – without actually taking Jaya Prada’s name – had suggested that Rampur Lok Sabha constituency will accept both Bajrangbali and Ali but will reject Anarkali. It is believed to be a clear reference to Jaya Prada who is contesting the Lok Sabha election on a BJP ticket from here. (Full report here)

Reacting to the remark, Jaya Prada said that Abdullah has taken the habit of making cheap remarks from his father. “I cannot decide whether to laugh or to cry after listening to his remark. Like father, like son. But I had not expected this from Abdullah. He is an educated man,” she told news agency ANI. “His father says I am Amrapali. He says I am Anarkali. Is that how they see women?”

 

The verbal duel between Jaya Prada on one side and Abdullah and Azam Khan on the other has been bitter, often bordering on derogatory.

Azam Khan, in particular, has had to face massive backlash for reportedly making numerous crass remarks against his former SP colleague who has since joined BJP. The two are direct rivals in the Rampur Lok Sabha constituency which votes in the third phase this Tuesday.

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‘Absolutely a right decision’: Amit Shah defends fielding Sadhvi Pragya

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Kolkata: While addressing a press conference in Kolkata, BJP president Amit Shah said, “The refugees who have come from Bangladesh, be it Hindus, Buddhists, Sikhs, Jains, or Christians, BJP has clearly signalled in its ‘sankalp patra’ that we will give them citizenship.”

“Citizenship Amendment Bill will come first, all refugees will be given citizenship, after that NRC will be made. Refugees shouldn’t worry, only infiltrators should. First the CAB will come then NRC, NRC will not be for just Bengal but for the whole country,” Shah said.

Shah assured that Citizenship (Amendment) Bill will be passed after picture in Rajya Sabha changes by 2020.

 

He said, for India, the 2019 Lok Sabha elections is about taking it to new heights and establishing democracy.

“Democracy has ceased to exist in Bengal, law and order has also failed,” he added.

Speaking on the recent controversial leader Sadhvi Pragya, the BJP president said that she has been given a clean chit after a false case was filed against her.

Sadhvi Pragya, who is out on bail in the Malegaon blast case of 2008, has been fielded by the BJP from Bhopal constituency. “It is absolutely a right decision. The allegations against her are baseless. Nothing against her or Swami Aseemanad have been proved,” Shah said while addressing a media conference here.

On being asked if Prime Minister Modi will also contest from West Bengal, Shah said that as of now there is no such plan.

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