SC bench split over Yakub's plea, refers it to CJI

July 28, 2015

New Delhi, Jul 28: A two-judge bench of the Supreme Court today delivered a split verdict on a plea by Yakub Abdul Razak Memon, the lone death convict in 1993 Mumbai blasts case, seeking stay of his scheduled execution on July 30 and referred the matter to the Chief Justice to take call on it.

Yakub

While Justice A R Dave dismissed his plea, Justice Kurian Joseph stayed the death warrant issued on April 30 for his execution on July 30.

Attorney General Mukul Rohatgi and other senior advocates, including Raju Ramachandran, appearing for Memon, said that since the two judges have differed on staying the death warrant, "there will be no order in law if one judge has stayed it and the other has not".

The bench referred the matter to Chief Justice of India H L Dattu to take an urgent call at 4 PM in view of the divergence of opinion on the issue of death warrant.

The bench also requested the Chief Justice to constitute an appropriate bench and list the matter for hearing tomorrow.

Justice Dave dismissed the petition filed by Memon and said it will be open for the Maharashtra Governor to dispose of his mercy plea before the scheduled date of execution of death warrant.

While rejecting the petition in which Memon has contended that the correct procedure was not adopted in deciding his curative petition on July 21, Justice Dave disagreed with Justice Kurian on the issue of staying death warrant issued by the TADA court in Mumbai on April 30.

"Sorry, I will not like to be part of staying the death warant. Let CJI decide," Justice Dave said and quoted a couplet from Manu Smriti relevant to the issue.

Justice Kurian said he is expressing his inability to agree with Justice Dave as there is a "procedural violation" in deciding the curative petition filed by Memon.

Justice Kurian said once it is found that the procedure established under law is not followed while dealing with the curative petition, that too when the life of a person is concerned, and there is error apparent on the face that the mandatory process has not been followed, then such defects need to be cured.

While holding that Memon's curative petition is required to be heard afresh, Justice Kurian referred to the order dismissing his curative petition, saying, "The curative petition itself was not decided in accordance with the rules laid down by this court. That defect needs to be cured otherwise there will be a clear violation of the right to life under Article 21 of the Constitution."

Justice Kurian said the technicalities involved in dealing with the matter should not stand in the way of justice being done to a person as this court under the Constitution is for the protection of life of a person.

He said, "The technicalities should not stand in the way as the law is for common man and also law is not helpless and this court should not be rendered powerless."

He noted that Article 21 deals with the right to life of a person and same shall be deprived only in accordance with the procedure adopted by law.

"It has been noticed that the procedure by law was not followed in this case while depriving the right to life of a person," he said.

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News Network
May 6,2024

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Several women, believed to be victims of Prajwal Revanna, have left their homes in Karnataka's Hassan district over the last ten days, according to media reports.

These departures reportedly come amid fear and stigma after their identities became public due to the circulating video clips showing the women who were allegedly sexually assaulted by Prajwal Revanna.

"The entire district is in H D Revanna’s control. You speak ill about them and chances are high that it will reach them, because the family and the party have a large following," a shopkeeper in Hagare - 20 km from Hassan – was quoted as saying by the news paper. 

Hassan is the bastion of the JD(S) supremo Deve Gowda, and Prajwal, his grandson, is the sitting MP.

The family of the woman whose complaint was the basis of the first FIR against Prajwal has now left their home, the publication reported, citing a neighbour who said, "The woman worked at Revanna’s house as a house help. Some of her videos started to circulate and then, her house was seen locked. We don’t know when she left."

Notably, a former Zilla Panchayat member has also filed a rape case against Prajwal, and in that village many women who worked for the party formerly are now incommunicado, a JD(S) leader told the publication. "We noticed many of the party women deleting their photos with Prajwal on social media. In some instances, men are questioning their wives about their association with the MP. It is shattering the lives of many women in the district," he said.

The local leader added that the former Zilla Panchayat member was there on April 24, but no one had seen the family since the videos came out.

The case is currently being probed by an SIT team and when they reached the Revanna residence, party workers were reportedly heard talking about the women. "I know this woman, she lived close to our residence and was very active in JD(S) activities. Her house is locked… she has small children," one said, as per IE.

Another shopkeeper added, "It was really wrong to reveal the faces of the women. I know some of them, and they have gone into hiding. We don’t know whether they can return."

He noted that it is impossible to survive in Hassan while fighting a case against the Revanna family.

While Prajwal's father, H D Revanna is in SIT custody, a Blue Corner notice has been issued against the sitting MP.

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News Network
May 3,2024

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Mangaluru: The passenger vessel service between Lakshadweep and Mangaluru has recommenced operations with the arrival of Parali, a high-speed craft, at the Old Mangaluru Port on Thursday, May 2 

With 160 passengers on board, along with a pilot, a ship engineer, an assistant, and eight labourers, the arrival of the vessel brings hopes of reinstating this vital transportation link.

The passengers were welcomed by Congress brass. The vessels that used to arrive before the Covid-19 pandemic took 13 hours to reach Mangaluru from Lakshadweep. However, the introduction of the high-speed craft, Parali, has reduced the travel time to approximately seven hours, said Abubakar Ashraf Bengre.

Bengre is part of a team that has been instrumental in liaising with the authorities of both Lakshadweep and Karnataka to facilitate the revival of this service. He told reporters that the service would bring better economic activity to Mangaluru. 

Over recent months, discussions have been held with Hamdullah Sayeed, president, Lakshadweep Congress Committee, as well as Karnataka Speaker UT Khader and district minister Dinesh Gundu Rao, to garner support for the reintroduction of the service.

The passengers who arrived mostly sought medical treatment, went shopping or met relatives here. They said that they traveled for Rs 450. Former MLA J R Lobo said that they will urge the government to ensure regular vessel services continue.

The passenger service was discontinued due to a lack of demand, it is learnt. In the year 2018-19, 4,955 passengers embarked and 7,422 disembarked from the Old Mangaluru Port. Subsequently, the figures declined to 3,779 (embarked) and 2,294 (disembarked) in 2019-20. The numbers further plummeted to 561 (embarked) and 19 (disembarked) in 2020-21, leading to the suspension of the service.

At present, the administration of the Union Territory of Lakshadweep has released a schedule for high-speed craft movement from April 29 to May 5.

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April 29,2024

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Bengaluru, Apr 29: HD Revanna, the father of Karnataka MP Prajwal Revanna, has accused rivals of creating a conspiracy out of "old videos", a comment that is likely to raise a bigger row over his son's alleged link to the obscene videos.

A woman yesterday filed a police case against Prajwal Revanna and his father over alleged sexual assault. Prajwal Revanna, the Janata Dal (Secular) MP and grandson of former Prime Minister HD Deve Gowda, has denied the latest allegations and also filed a police complaint over circulation of obscene videos, which he said were morphed.

Prajwal Revanna left for Germany on Saturday morning after voting in the Lok Sabha elections a day earlier.

"I know what kind of conspiracy is going on. I am not someone who'll get scared and run away. They have released something that was 4-5 years old. Expelling him from the party is left to the party high command," HD Revanna said.

When it was pointed out that an FIR has been registered against him too, he said, "There is politics, I don't want to comment. They (Congress) are in government and they will do whatever they want."

"All these things are not just today, the Deve Gowda family in the last 40 years (has been targeted by) Congress. CoD (now CID), Lokayukta probe, we have been facing for the last 40 years... I don't want to react to anything...let them take action in accordance with law," he said, adding that he hasn't spoken to Deve Gowda on the issue.

"Since the special investigation team is looking into the case, I will not react any further," HD Revanna said.

Yesterday, a first information report was filed against the father-son duo on charges of sexual harassment, intimidation and outraging the dignity of a woman.

The survivor alleged both sexually assaulted her, and when Revanna's wife was not home, he touched her inappropriately and used to sexually assault her. The complainant alleged Prajwal Revanna also misbehaved with her daughter over a video call. "My daughter blocked his number after repeated calls," the complainant said.

The latest FIR comes when Prajwal Revanna is already in the middle of a controversy after some objectionable videos went viral on social media allegedly involving him.

Prajwal Revanna is seeking a fresh term in the Lok Sabha from as a National Democratic Alliance (NDA) candidate from Hassan.

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