Malegaon blasts: SC judge recuses himself from hearing plea

September 4, 2015

New Delhi, Sep 4: A Supreme Court judge on Friday recused himself from hearing a plea against removal of Special Public Prosecutor by NIA in the 2008 Malegaon blasts case, saying that he had represented certain accused in the matter.

PRAGNYA

The prosecutor had recently stirred a controversy by alleging that an officer of NIA had told her to “go soft” on the accused, a charge denied by the anti-terror agency. “I represented certain accused in the matter,” Justice U.U. Lalit said while recusing himself from hearing the case.

The bench, headed by Justice F.M.I. Kalifulla, then said that “let the matter be listed before the Chief Justice of India who, in turn, will allocate it to another bench.”

Senior Advocate Indira Jaising, appearing for Harsh Mander who had filed the PIL, said that she had no objection if the present bench decides to hear the matter. The court, however, declined the plea.

The PIL has accused the NDA government of trying to interfere with the functioning of the prosecutor in the case by exerting “pressure” on the prosecutor to “go soft” on the accused. It alleged that the executive was attempting to influence the judicial system.

It alleged that National Investiation Agency (NIA) officials had pressured erstwhile Special Public Prosecutor in case, Rohini Salian, “presumably” under instructions from their “political masters.”

The petition has said that the Ministry of Home Affairs (MHA), which is the controlling ministry of NIA, “has been allegedly trying to influence/pressurize an honest Public Prosecutor to go soft on the accused persons.”

The petitioner has sought the apex court’s intervention to ensure a fair trial as there were reasons to “credibly fear” that “executive is attempting to influence the judicial system to cave in to the pressure exerted by it in all matters, including affording protection to right-wing extremists who sympathise with its ideology.”

Ms. Salian, who was SPP in the case, had alleged an NIA officer had told her to “go soft” on the accused. She also claimed the same officer had told her that she would be replaced. Ms. Salian is no longer on NIA’s panel of lawyers.

The PIL sought a direction to the Centre to appoint an SPP to conduct “fair” trial and constitute a Special Investigating Team of CBI to probe alleged actions of NIA officials who allegedly pressured Ms. Salian.

The high-profile accused in the case include Lt. Col. S.P. Purohit and Sadhvi Pragya Singh Thakur.

The 4,000-page charge sheet had alleged that Malegaon was selected for the blasts because of its sizeable Muslim population. It named Ms. Thakur, Lt. Col. Purohit and another accused, Swami Dayanand Pandey, as the key conspirators.

The charge sheet had alleged it was Mr. Pandey who had instructed Lt. Col. Purohit to arrange for RDX, while Ms. Thakur owned the motorcycle which was used in the blast.

Ajay Rahirkar, another accused, allegedly organised funds for the terror act, while conspiracy meetings were held at Bhonsala Military School in Nasik, according to the charge sheet.

Rakesh Dhawde, Ramesh Upadhyay, Shyamlal Sahu, Shivnarain Kalsangra, Sudhakar Chaturvedi, Jagdish Mhatre and Sameer Kulkarni were the other accused.

The blast on September 29, 2008 had left four dead and nearly 80 injured.

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April 11,2024

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Udupi: A middle aged couple lost their lives while their teenage son survived with critical wounds after a speeding car, which was travelling from Maharashtra to Kerala, fell off a flyover in Kundapur taluk of Udupi district. 

The deceased have been identified as Munnavar (49), who was driving the car, and his wife Sameera (41), a native of Kannur in Kerala. Their son Suhail (18), who was in the car, suffered severe injured and is recovering at Manipal Hospital. He is said to be out of danger.

The family was traveling from Kollapur to Kannur as Sameera was a native of Kannur. Their plan was to celebrate Eid-ul-Fitr in Sameera’s parental home.  

However, on Tuesday (April 9) morning, when the car reached near Bobbaryanakatte, it reportedly went out of control of the driver and fell off the flyover on to the service road.

All three were immediately rushed to the hospital in Kundapur. Sameera died immediately upon admission to the hospital, while Munnavar succumbed to injuries at Manipal Hospital on April 10. The mortal remains of both were handed over to relatives after the post-mortem.

Kundapur DySp Belliyappa, Circle Inspector Nada Kunar, Traffic SIs Naveen Naik, and Savitri Nayak visited the accident spot for the inspection.

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April 13,2024

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Mangaluru: After as the state health ministry issued guidelines to the public in view of a heatwave, the health department in Dakshina Kannada has advised people to be cautious about the impact of heatstroke, including heat rash, heat edema, heat cramps, heat tetany, heat syncope, and heat exhaustion.

Dakshina Kannada district nodal officer for climate change, Dr Naveenchandra Kulal, said that the impact of heat-related illness can also be found in the district, when there is a variation of about 4.5⁰C from the normal temperature.

Dr Kulal told media persons here on Friday, that the impact of heat-related illness is not confined to Raichur, Kalaburagi, and other North Karnataka districts.

“Those who reside inside tin sheet houses and closed environments are likely to suffer from heatstroke. People should hydrate themselves by drinking more water and avoid working under the direct Sun. Heat exhaust fans can be used. Though no heatstroke cases have been reported in the district, any negligence may cause heatstroke,” he said. 

DHO Dr Thimmaiah HR said that hotels and restaurants should supply boiled water, and they should clean the overhead tanks once every three months. The filter of drinking water units should be cleaned frequently, he said.

He also directed paying guest accommodations to supply fresh food to inmates.

“We have received complaints of many paying guest accommodations serving sambar cooked the previous day to inmates. Stale food should be avoided, as there are chances of food contamination. Plastics should be avoided while packing food in hotels. As per the Food Safety and Standards Authority of India (FSSAI) guidelines, the use of plastic to pack hot food is restricted,” the DHO said.

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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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