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SC to hear nirbhaya gang-rape plea

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The juvenile convicted for the 2012 gang rape case is out from the correctional home and moved to an NGO-run shelter on Sunday, 20 December. According to reports, plea against the release of the youngest of the six men convicted for raping a medical student on a moving bus in Delhi will be heard by the Supreme Court on Monday.

A juvenile at the time of the crime and conviction, he was given the maximum punishment for an underage offender, causing a furore across the country and sparking a raging debate on treating juveniles as adults in case of heinous crimes such as murder and rape. A bill with similar provisions is pending in Parliament.

Massive protests erupted in the Capital over the weekend as the police readied to hand over charge of the released convict to an NGO on Sunday where he will be kept till the Delhi government finalises a rehabilitation plan.

The Delhi Commission for Women (DCW) had moved a last-minute appeal to stay the convict’s release, but the apex court dismissed it. However, the court posted the appeal with a holiday bench that scheduled the hearing for Monday.

Swati Maliwal, the DCW chief, also wrote to the Juvenile Justice Board to not free the underage convict as the matter was before the apex court.

She tweeted on Sunday:

Media reported on Saturday that the convict was moved out of a correctional facility to an NGO-run shelter on December 9 due to safety concerns. He is now no longer under police protection. His criminal record has also been expunged as per legal provisions and his identity shall not be disclosed.

The release triggered strong condemnation from sections of the civil society and the victim’s parents, who were detained by the police after sitting on a dharna at India Gate.

“We will not stop our fight here. We will now intensify our protest as my daughter has not got justice. Our government, whether Centre or state, they only listen to you when you protest and get lathicharged, else they don’t care,” said the victim’s father.

The parents of the victim – a 23-year-old paramedical student, however, said the DCW’s last-minute efforts were a “pretense” and “just for show”.

“Our fight was all about this convict not being allowed to walk free. If he has come out, what is the point of the hearing at the Supreme Court?” the victim’s mother told reporters.

The convict escaped the gallows because he was 17 years and nine months old at the time of his arrest. Four of his co-accused are on death row.

The decks were cleared for the release on Friday after the Delhi high court said it could not halt the process because his sentence had complied with existing laws.

On December 16, 2012, the juvenile along with five other men, brutally raped the paramedical student aboard a moving bus. The incident triggered unprecedented public outrage over sexual crimes in the country with many saying existing laws were too soft on underage criminals.

Wefornews Bureau

India

Centre to SC: Can’t give extra attempt to UPSC aspirants who couldn’t take last chance

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The Centre on Friday told the Supreme Court it is not keen on granting an extra attempt to civil services aspirants, who could not take the last attempt of the exam amid the on-going Covid-19 pandemic.

Additional Solicitor General S.V. Raju, representing the Department of Personnel and Training (DoPT) submitted before a bench headed by Justice A M Khanwilkar “We are not ready to give one more chance.”

Raju sought time to file an affidavit citing that he had received instructions last night, informing that the Centre is not willing to give an extra chance.

The bench, also comprising justices B.R. Gavai and Krishna Murari, scheduled the plea of a civil services aspirant Rachna Singh for further hearing on January 25. The bench asked the Centre to serve the affidavit to parties involved in the matter.

In the previous hearing in the matter, Solicitor General Tushar Mehta had informed the top court that the government was considering the issue to grant an extra attempt to UPSC aspirants who missed their last chance.

On September 30 last year, the top court had declined a plea seeking direction to postpone the UPSC civil services preliminary exam, scheduled on October 4, citing the ongoing pandemic and floods in several parts of the country.

The top court had suggested that a formal decision on the last attempt issue should be taken expeditiously by the Centre. The bench noted it was suggested during the hearing in the matter that the merging of 2020 prelims and 2021 prelims be done.

“We are not impressed by this. Resorting to this will lead to a cascading effect on other exams as stated in UPSC affidavit”, the top court had said.

The bench had said the UPSC should ensure separate sitting arrangements for candidates who are suffering from cough and cold during the test.

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Parliament was denied opportunity to examine farm laws: Sonia

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Congress interim chief Sonia Gandhi on Friday slammed the Centre on the farmers’ issue. During a crucial Congress Working Committee (CWC) meeting here, she said it was abundantly clear that the three farm laws were prepared in ‘haste and Parliament was consciously denied an opportunity to examine in any meaningful detail the implications and impact’.

She said the government has shown ‘shocking insensitivity and arrogance while going through the charade of consultations’.

She also raised the issue of the alleged chat leak of Arnab Goswami over the Balakot airstrike in the wake of the Pulwama terror attack in which 40 CRPF troopers were killed.

Speaking at the CWC meeting, Sonia Gandhi said, “Parliament will reconvene in a week’s time. It is the Budget session of course. But there are so many pressing issues of public concern that need to be debated and discussed fully. Whether the government will agree, however, remains to be seen.”

Discussing the farmers agitation over the three farm laws, which has been going on for past 58 days at several borders of the national capital, the Congress leader said, “The agitation of the farmers continues and the government has shown shocking insensitivity and arrogance while going through the charade of consultations.”

Launching a tirade against the government over the way in which the three farm laws were passed, Sonia Gandhi said her party’s position on the farm laws has been very clear from the very beginning. “We reject them categorically because they will destroy the foundations of food security that are based on the three pillars of MSP, public procurement and public distribution system (PDS),” she said.

Discussing the alleged chat leak of Goswami with BARC former CEO Partho Dasgupta, Sonia Gandhi said, “Very recently there have been very disturbing reports on how national security has been so thoroughly compromised.”

She said, just a few days back, former Defence Minister A.K. Antony said that leaking of official secrets of military operations was “treason”.

Questioning the government’s silence on the issue, she said, “Yet the silence from the government’s side on what has been revealed has been deafening. Those who give certificates of patriotism and nationalism to others now stand totally exposed.”

Discussing the Covid vaccination, which started on January 16, the Congress leader said that vaccination of the courageous frontline health professionals and workers has begun and “we certainly hope that the process will continue and be completed to the fullest extent”.

“The government has inflicted untold suffering on the people of our country by the manner in which it has managed the Covid-19 pandemic. It will take years for the scars to heal,” she said.

Sonia Gandhi also raised the economic issue and said that the economic situation remains grim and large parts of the economy like MSME and the informal sector have been decimated with the government refusing to extend a lifeline.

“When public expenditure has to be carefully prioritised, it is very painful to find huge amounts of money being allocated and spent on initiatives that can only be described as ‘personal vanity projects’,” she said.

She also targeted the government over the weakening of the labour and environmental laws and moving ahead with selling off of carefully built-up public assets.

“Panic privatisation has gripped the government and this is something that the Congress party can never accept and support,” she said.

Sonia Gandhi also said that the party has started preparing for the forthcoming Assembly elections in some states.

“Meanwhile, the schedule and modalities for the organisational elections too has to get the CWC’s approval,” she said.

–IANS

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Andhra govt petitions SC to defer Panchayat polls

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The Andhra Pradesh government has challenged the High Court’s green signal to conduct rural local bodies elections through a special leave petition in the Supreme Court.

In its petition on Thursday, the government said that it amounts to risking employees’ lives amid the coronavirus pandemic to go to elections at a time when the Covid vaccination drive was being held.

The petition pointed out that the State Election Commissioner Nimmagadda Ramesh Kumar was not a medical expert to decide on the polls at a time when the vaccination drive was on, and alleged that he did not even consult any expert.

According to the petition, Kumar unilaterally went ahead with the election schedule, despite the state government highlighting that vaccination is of utmost importance now, amid the prevailing conditions.

The state government aims to start vaccinating its police forces from the first week of February, who are the frontline workers and already engaged in vaccine security, shipping and other tasks.

Likewise, the petition pointed out that Kumar has two more months left in the office and was adamant to conduct polls during his tenure at any cost, disregarding public health.
People will be compelled to participate in elections without taking a vaccine, which will pose a threat to their lives, said the petition.

Meanwhile, ruling YSRCP leader Vishwaroop said the government prioritises public health over the elections. “YSRCP will sweep elections on any given day. Chief Minister Y.S. Jagan Mohan Reddy went to polls alone several times,” said Vishwaroop.

Several other senior leaders assailed the SEC’s alleged unilateral decision.

Already, several government employee unions have opposed elections at this juncture, saying their lives are more important than the hustings.

Conduct of the rural local bodies’ elections has emerged as a major bone of contention between the government and the State Election Commissioner Nimmagadda Ramesh Kumar.
These elections were originally supposed to have been held in 2018 when the tenure of the local bodies expired back then but were not held.

However, Reddy thought of going to the polls in March 2020 but Kumar did not give the green signal, citing the coronavirus pandemic, leading to a major standoff between the two.

Reddy accused Kumar of acting at the behest of opposition leader Nara Chandrababu Naidu and even tried to replace him, which backfired as the SEC has Constitutional protection equal to a Supreme Court judge.

With just two more months left as the SEC, Kumar is keen on conducting the polls which the state government is opposing, citing the coronavirus pandemic and the gigantic vaccination drive.

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