Victim also should have a say in punishment of criminal: SC

News Network
October 15, 2018

New Delhi, Oct 15: The Supreme Court of India has suggested that the victim of a crime should also have a say in the punishment of the criminal.

A Bench of Justices Madan B. Lokur. S. Abdul Nazeer and Deepak Gupta held that punishment should be “meaningful” to the victim also.

For this, “it is necessary to seriously consider giving a hearing to the victim while awarding the sentence to a convict”, the Bench said.

In criminal prosecution, the State takes the front seat while the victim becomes a prosecution witness. The crime is primarily considered a wrong against society and the punishment, a deterrent for prospective offenders.

With its order, the Supreme Court has made it clear that the victim or her family — who has suffered the crime — should have an equal say in the punishment of the perpetrator.

“A victim impact statement or a victim impact assessment must be given due recognition so that an appropriate punishment is awarded to the convict,” Justice Lokur observed.

What may be ‘justice’ in the rule book may not serve the victim.

Taking another step further, Justice Lokur said even taking a statement from the victim on the sentence of the convict may not mean relief to the victim.

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News Network
April 30,2024

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US fast-food chain KFC has been forced to close over 100 restaurants in Malaysia over a pro-Palestine boycott of the company.

The Straits Times reported on Monday that the American restaurant chain specializing in fried chicken had to reduce its operations across Malaysia, mostly in north-eastern Kelantan state, following calls for a boycott of the company amid protests over the US government’s backing of the Israeli regime in its genocide of the Palestinians in the besieged Gaza Strip.

Nearly 80 percent, or 21 KFC outlets, in Kelantan state stopped their operations, followed by 15 outlets in Johor and 11 in Selangor, the most industrialized state in Malaysia.

Citing a local Chinese-language newspaper, the Straits Times added the local franchisor of the Louisville, Kentucky-headquartered company in the Muslim-majority Southeast Asian nation, QSR Brands Holdings Bhd, is temporarily suspending operations in more than 100 KFC outlets after about half a year of boycott movement. “QSR Brands, which owns and operates the KFC fast-food franchise in Malaysia, is suspending 108 outlets nationwide.”

In this regard, chairman of the pro-Palestinian group Boycott, Divestment, Sanctions (BDS) in Malaysia, Professor Mohd Nazari Ismail, told the Singapore-based newspaper that, “KFC is not on the BDS list of targeted companies. But many Malaysians see any American fast-food operator to be related to Israel, including KFC.” The BDS has been pushing for various forms of boycott movement against Israel until it meets its obligations under international law.

KFC was also forced to shut its first branch in Algeria earlier this month, just two days after its opening, following protests over US support to Israel.

The boycott action has severely affected worldwide operations of American fast-food giants McDonald’s, KFC, Starbucks, etc., with the pro-Palestine campaign having the potential to spread further across the globe.

Boycotted US companies are either perceived by pro-Palestinians to have taken pro-Israeli stances in the genocidal war on Gaza, or have financial ties to the Israel regime and/or have made illegal investments in the occupied Palestinian lands.

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News Network
April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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News Network
April 26,2024

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Voting has begun in 88 constituencies across 13 states and Union Territories amid a furious row between the Congress and the BJP over manifesto and inheritance tax. Election will be held on all seats of Kerala, a chunk of Rajasthan and UP.

Key points

Elections for the second phase will be held for 20 seats of Kerala, 14 seats in Karnataka, 13 in Rajasthan, eight each in Uttar Pradesh and Maharashtra, seven in Madhya Pradesh, five each in Assam and Bihar, three each in Bengal and Chhattisgarh and one each in Jammu and Kashmir, Manipur and Tripura.

Earlier, 89 constituencies were expected to vote in this phase. But polling in Betul, Madhya Pradesh, was rescheduled after the death of a candidate from Mayawati's Bahujan Samaj Party. Betul will now vote in the third phase, due on May 7.

Key candidates for this round include the BJP's Union minister Rajeev Chandrashekhar  -- up against Congress' Shashi Tharoor from Thiruvananthapuram; actors Hema Malini, and Arun Govil from 1980s iconic serial Ramayan, senior BJP leader Tejasvi Surya and Lok Sabha Speaker Om Birla,  Congress' Rahul Gandhi, KC Venugopal, Bhupesh Baghel. and Ashok Gehlot's son Vaibhav Gehlot.

For both BJP and the Opposition, the most crucial states in this phase will be Karnataka and Kerala. Karnataka is the only BJP bastion in the south, where the Congress won in the last assembly election. The party is hoping to do well amid concerns about delimitation and the disadvantage southern states could face after it.

Further south, the BJP is trying to break into the bipolar politics of Kerala. The party is hoping to open its account in the state having fielded Union ministers Rajiv Chandrasekhar and V. Muraleedharan. In Wayanand, a Congress bastion for over 20 years, it has fielded its state unit president K Surendran against Rahul Gandhi.

For the Opposition, Kerala is a big shining hope. Even though the Left and the Congress are competing against each other in the southern state, victory by either will add to the tally of the Opposition bloc INDIA. Kerala is one of the few states that have never sent a BJP member to parliament.

With north, west and northeast India saturated, the BJP is hoping to expand in the south and east in their quest for 370 seats. The party had won 303 seats in 2019, a majority of them from the Hindi heartland and bastions new and old, including Gujarat and the northeast.

The Congress, though, has claimed it would post a much better performance compared to 2019. After the first phase of the election, their claims have got louder, especially in Rajasthan and western Uttar Pradesh. Rashtriya Janata Dal chief Tejashwi Yadav has claimed INDIA will win all five seats in Bihar.  

The election is being held amid a bitter face-off between the Congress and the BJP. The row was sparked by Prime Minister Narendra Modi's comment that the Congress, if voted to power, will redistribute the personal wealth of people among "infiltrators" and won't even spare the mangalsutras of women. The Congress has questioned if the people had to fear for their wealth and mangalsutras in 55 years of the party's rule and accused the BJP of sidestepping issues that matter.

The next phase of election is due on May 7. The counting of votes will be held on June 4 – three days after the seventh and last phase of election on June 1.

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