News & Politics – Page 1883

Modi govt to lend $1 billion for Adani Australia coal mine

November 17, 2014 by Nasheman

Photo: Pradeep Gaur/Mint

Melbourne/Agencies: Adani Enterprises (ADEL.NS) won support on Monday from the State Bank of India (SBI) and an Australian state to help it build a $7 billion coal mine, defying a slump in coal prices to 5-1/2 year lows that has stalled rival projects.

The trading and infrastructure conglomerate signed a memorandum of understanding for a loan of up to $1 billion from the SBI for the mine, rail and port project in Queensland, which it aims to build by end-2017.

“The MOU with SBI is a significant milestone in the development of our Carmichael mine,” Adani Group Chairman and founder, Gautam Adani, who has close ties with Indian Prime Minister Narendra Modi, said in a statement.

Adani was in Brisbane with a business delegation for the G20 summit, which Modi attended over the weekend.

The company also won a commitment from the state government to take short-term, minority stakes in rail and port infrastructure needed to unlock massive coal reserves in the untapped Galilee Basin. Coal from the region must be sent 400 km by rail to Australia’s east coast.

Adani aims to reach a final investment decision on the Carmichael project in late 2015.

Australia’s federal and Queensland governments are eager to see the mine built following the loss of more than 4,000 coal jobs over the past two years, but analysts and project finance experts believe Adani may have underestimated the challenge of raising funds for the project.

“People have been very sceptical about the financing of this project. As we always said, we’ll keep getting this, one by one. The pieces are falling in place,” Adani Mining CEO Jeyakumar Janakaraj told Reuters.

Adani, which is also facing a campaign by anti-coal campaigners, is counting on securing A$1.2 billion to A$1.5 billion in funding from South Korea’s export credit agencies, as well as a loan from the U.S. Export-Import Bank.

The company’s apparent momentum on Carmichael is in stark contrast to rival Indian firm GVK’s slow progress on another huge coal mine in the Galilee Basin, the Alpha project, which is co-owned by Australian billionaire Gina Rinehart.

Much bigger coal rivals, like BHP Billiton (BHP.AX) and Glencore (GLEN.L), have shelved coal developments at a time when a third of Australia’s coal output is making losses.

Janakaraj dismissed comments by Indian Power and Coal Minister Piyush Goyal that the country may be able to stop importing thermal coal within three years.

Women inmates allege forced sex in jail

November 15, 2014 by Nasheman

Bengaluru: Some wardens force women convicts to have sex with male convicts, according to a letter written from inside the Bangalore Central Prison. Signed by a group of women inmates, the letter alleges the wardens charge the men between Rs 300 and Rs 500 for the ‘service’.

A judge who found two letters in a grievances box — detailing the goings-on at the Parappana Agrahara prison — has forwarded them to the Karnataka High Court for action. The letters, copies of which have been accessed by Express, are addressed to the Chief Justice of Karnataka, and seek his intervention to end the rampant exploitation of women convicts. One of the letters lists the names of wardens and officials who send convicts to male prisoners, and extort bribes.

The women are allegedly fleeced for everything: they pay Rs 200 to Rs 300 just to meet relatives, even though the visits are legitimate.

Officials have created an environment where nothing can be accessed without money. This forces women convicts to give in to their pressure, the letter, written in Kannada, states. “If we don’t pay, they yell at us like they would at dogs, and don’t allow us to talk to our relatives,” it says.

The Home Department has been ordered to conduct an inquiry into the alleged sexual harassment of women inmates in the Central Prison at Parappana Agrahara, said Home Minister K.J. George, who also holds Prison Department portfolio, on Friday. “We have asked the Home secretary to conduct a detailed probe and submit the report in 15 days,” he said.

However, Deputy Inspector General of Prison, P M Jayasimha said, “The women wardens mentioned in the report do not work in the Central prison any more and did not have access inside the prison.” The prison is covered with CCTV cameras and the barracks for men and women inmates are separated by at least half a kilometre, he added.

The inmates could have discussed their problem when a high-level committee from Delhi comprising 15 women, which visited the prison to enquire into their well-being, he said.

US/India WTO agreement: How corporate greed trumps needs of world's poor and hungry

November 15, 2014 by Nasheman

‘The big question is why do governments even need the WTO to decide whether they can guarantee the right to food to their people?

Farmers harvesting in India. (Photo: Asian Development Bank/Rakesh Sahai/flickr/cc)

by Andrea Germanos, Common Dreams

The United States cheered on Thursday an agreement it reached with India as progress for the World Trade Organization (WTO). Critics, however, say deal is likely a win for corporations and economic loss for developing countries.

A fact sheet from the U.S. Trade Representative explains that there are two parts to the deal that broke what had been an impasse over agreements from Ministerial meeting last year in Bali. The first is that the two countries stated they would move forward on the Trade Facilitation Agreement (TFA)—the WTO’s first multilateral trade agreement of the body’s two-decade existence. The second is an agreement on India’s food security program, which allows for domestic “food stockpiling.”

Begging WTO for Food Security

As the Associated Press summed up: “India had insisted on its right to subsidize grains under a national policy to support hundreds of millions of impoverished farmers and provide food security amid high inflation.”

Regarding that food security program, theNew York Times reports, “Indian and American officials agreed to a peace clause that protects India’s program from a legal challenge until W.T.O. members reach a permanent resolution of the dispute.” India had held out on this issue.

But as the Transnational Institute (TNI) pointed out in a report released this week: “The big question is why do governments even need the WTO to decide whether they can guarantee the right to food to their people? The right to food is a universal human right that should not be subject to trade rules.”

The report also notes that the need for such a peace clause highlights the “deep hypocrisy embedded within the WTO,” as the EU and the U.S., unlike India and other developing countries, are able to pour billions into their own agricultural subsidies.

Deborah James, Director of International Programs at the Center for Economic and Policy Research, echoed these points, explaining to Common Dreams: “The entire debate is outrageous.”

“The world has passed through multiple food crises since the WTO rules were written, and nearly every global agricultural agency now recognizes the dire need for developing countries to invest in agricultural production to promote food security, rather than relying on a global market rife with rich countries’ trade-distorting subsidies and speculative distortions. And due to a mass Right to Food movement, India now has a food security program that has been hailed as the most ambitious in the world,” James stated.

“It is beyond shameful that the United States blocked these negotiations all year in 2013, and that India and other developing countries were left with a peace clause as a consolation prize,” she continued.

Mary Louise Malig, Researcher, Trade Analyst, and author new TNI report, stressed that the deal does not offer a permanent solution to food security, and that it “is just a tiny step more than what is already agreed in the Bali Package.”

Yet, according to Timothy A. Wise, who directs the Research and Policy Program at Tufts University’s Global Development and Environment Institute, that India and the U.S. were able to reach an agreement on this issue could be positive.

“India was under enormous pressure to settle this, and its allies were under pressure to abandon India. The good news is that India’s firm stance exacted some concessions from the United States that may lead to good-faith negotiations on the food security issues. Time will tell,” Wise explained to Common Dreams.

The TFA as Corporate Win

The agreement also moves forward the WTO’s TFA, which is also problematic, critics charge.

As CEPR’s James wrote in July:

The new agreement on “Trade Facilitation” would set binding rules on customs procedures and trade operations that would demand huge investments from developing countries and Least Developed Countries (LDCs) to modernize and streamline – according to U.S. and EU standards — their port operations. This means that while we still don’t have binding international rules on, say, the right to water, corporations would have the “right” to have their products exported into developing countries quickly, easily, and cheaply. That’s why nearly 200 organizations around the world opposed the agreement when it was being negotiated last year.

The TFA would also divert limited resources away from priority development needs such as health, education, and domestic infrastructure investments in LDCs and developing countries. Developed countries refused to make binding commitments on financial support during the negotiations. The World Bank announced on July 17 that it would make available, through its Trade Facilitation Support Program (supported by Australia, the EU, the U.S., Canada, Norway and Switzerland) an embarrassingly paltry $30 million for over 100 developing countries to assist them in implementing the TFA.

As TNI’s new report puts bluntly, the TFA is a win for transnational corporations. As they “control the global supply chains across the world, [they] will gain the most from an Agreement that slashes costs and relaxes customs procedures, easing the flow of imports and exports,” the report states.

Malig added in a statement to Common Dreams: “The clear winners of this break in the impasse are the Transnational Corporations, all poised to benefit from the implementation of the Trade Facilitation Agreement.”

While the WTO had touted the economic gains of the Bali deal, Wise stated: “The bad news is that trade facilitation remains a largely unfunded mandate that will not produce the laughable estimate of $1 trillion in economic gains for the world, as my colleague Jeronim Capaldo has shown. And it may well create economic losses for some least developed countries.”

The WTO said Friday that the U.S./India agreement will probably be implemented by the full 160-member body within two weeks.

Parliament should pass strong anti-child labour law: Kailash Satyarthi

November 15, 2014 by Nasheman

New Delhi: On the occasion of Children’s Day Friday, Nobel laureate and child rights crusader Kailash Satyarthi urged parliament to pass a strong anti-child labour law in the upcoming session.

“I urge parliament to pass a strong anti-child labour law in the upcoming session as this has been pending for nearly two years,” Satyarthi appealed in a statement.

“I demand complete ban on all forms of child labour bringing the law in sync with Right to Education Act. I further demand prohibition of employment of children between 14-18 years in hazardous occupations and processes.

“Rehabilitation should be made an integral part of the legislation,” Satyarthi said.

Questioning the celebrations when “millions of children” are still working as labourers, Satyarthi said India needed to act immediately.

“While the nation is celebrating Children’s Day, millions of children are compelled to languish in various forms of labour from farms to mines and factories to homes. Their innocence, freedom and future are getting robbed and education denied,” he said.

“Unless they are brought back to the classrooms, any celebration is incomplete. A proud and progressive India has to act now,” he added.

Satyarthi along with Pakistan’s Malala Yousufzai won this year’s Nobel Peace Prize.

(IANS)

Bombay HC quashes Muslim, Maratha reservation in Maharashtra govt jobs

November 15, 2014 by Nasheman

Allows reservation to Muslims in educational institutions, Chief Minister evades comments on Muslim reservation but says the state will challenge the decision in SC.

Mumbai/Agencies: The Bombay High Court Friday put a hold on Maharashtra government’s decision to give 16% reservation to Marathas in public service and educational institutions. The High Court also stayed the state government’s decision to provide 5% reservation to Muslims in public service, but allowed them reservation in educational institutions.

On June 25, 2014, with an eye on the state assembly elections, erstwhile Congress-NCP government had approved 16% reservation for Marathas and 5% for Muslims in government jobs and education institutions.

While hearing the PILs challenging reservation for the two communities filed by social activist Ketan Tirodkar, an NGO Youth for Equality, Anil Thanekar, I S Gilada of Indian Health Organisation and others, the bench concluded it was not up to the state to treat the Maratha community as a ‘backward class’.

“Rather, the National Commission for Backward Classes and the Mandal Commission has concluded the Marathas are a socially-advanced and prestigious community,” the court said, citing the findings of the Mandal Commission (1990), the National Commission for Backward Classes in February 2000 and a July 2008 report of the Maharashtra State Backward Class Commission (Bapat Commission).

The bench noted several flaws in the report of the Narayan Rane Committee that had recommended the inclusion of the Maratha community in the socially- and economically-backward class, and which forms the basis of the 16 % reservation in favour of the community.

The bench observed that the Rane committee did not refer to important rulings of the Supreme Court and findings of other commissions.

The state government, however, has decided to challenge this decision in the Supreme Court, with chief minister Devendra Fadnavis saying he will take all possible steps to remove the stay on the Maratha reservation. But, he did not comment on reservation for Muslims as the BJP has been opposed to it.

“The state government is fully supportive of Maratha quota. We will appeal in Supreme Court on the High Court ruling. We will take measures to ensure that the quota remains,” Chief Minister Devednra Fadnavis told reporters on the sidelines of an event in suburban Vile Parle.

Fadnavis further added, “If the court has pointed out any discrepancy in law, we will remove any lacunae in law during the winter session of the State Legislature in Nagpur.”

The court was of the view that the comparative data provided by the government justified its decision to introduce reservation for Muslims in government educational institutions. It, however, excluded private educational bodies from the purview of reservations for the minority community.

The government defended its decision on reservation to Marathas and Muslims contending that the two communities were socially and educationally backward and also economically poor. It said the decision was based on the report of a committee headed by former minister Narayan Rane set up to look into the issue.

The government said it had taken into consideration recommendations of Rajinder Sachar Committee and Mahmoodur Rahman Committee, both of which had recommended reservation for Muslims, while arriving at the decision to provide quotas for them.

Former journalist Ketan Tirodkar is his public interest litigation (PIL) noted that Marathas have been wrongly categorised as socially and educationally backward. It claims Marathas are not a caste, they comprise a linguistic group. Tirodkar adds Marathas are a dominant community, not a backward one.

52% seats in government jobs and educational institutions were already reserved for the targeted groups and the Congress-NCP government had, in the run up to the Assembly poll, raised it to 73 per cent by announcing 16 per cent quotas for Marathas and five per cent for Muslims.

Reservation already exists among OBCs for a section of Marathas known as Kunbis. Maratha Kunbis, who are largely agriculturists, constitute 31.5 per cent of the total Maratha population and have a large presence in Vidarbha and Konkan.

Apart from former chief minister Prithviraj Chavan and former deputy chief minister Ajit Pawar, a majority of the education barons — DY Patil, Patang Kadam, Kamalkishore Kadam and Pawars of Vidya Pratishthan — belong to the Maratha community.

Chhattisgarh: PUCL Condemns sterilisation deaths, calls it a form of medical homicide

November 15, 2014 by Nasheman

Photo: AP

by Chhattisgarh Lok Swatantrya Sangathan (People’s Union for Civil Liberties, Chhattisgarh)

The People’s Union for Civil Liberties (PUCL) Chhattisgarh expresses its grief and outrage at the deaths of so many young women as the outcome of laproscopic sterilization camps in Bilaspur district in the past week. So far 13 women have died as a consequence of the camp held at Nemichand Jain Hospital at Takhatpur, and a woman of the Primitive Tribal Baiga group as a result of the camp at Gaurela. Dozens of women are ill to the point of risk to life. Almost all were from BPL families.

In the first incident an experienced surgeon who had been honoured earlier this year for having performed enormous numbers of laparoscopic sterilization operations, singlehandedly performed 83 operations in a five hour period with a single laproscope – a circumstance which by itself establishes that adequate aseptic precautions would not and indeed could not have been effected. The camp at Takhatpur was conducted in a private charitable hospital which had remained closed for a year where the physical infrastructure was absolutely abysmal.

These circumstances are routine and they are replicated in “family planning” camps all across the country, in direct and deliberate contravention of the Central Government guidelines formulated in response to Supreme Court orders of 2005 (Ramakant Rai vs Govt. Of India) and 2012 (Devika Biswas vs Govt. Of India), that direct that a medical team can conduct a maximum of 30 operations in a day with three separate laproscopes, and that one doctor cannot do more than 10 sterlisations in a day. The guidelines also state that all sterilisation camps must be organised in established government facilities.

Serious and substantial doubts have been raised about the quality of medication used in these camps. Ironically the Chhattisgarh State Human Rights Commission in their inspections in the year 2009-2010 had recorded that expired drugs, fungus-ridden drugs, and untested drugs manufactured at local facilities were found in the stores and operation theatres of District Hospitals at Durg, Bilaspur, Kondagaon and Rajnandgaon. In most of the cases little follow up action had been taken by the government. Despite the fact that the Purchase Committee for the drugs was headed by Health Minister Amar Agrawal, the Government has refused to accept any liability for the tragedy.

So far one doctor has been arrested, however, as per newspaper reports, the private local manufacturers in Raipur who were supplying the drugs used in the camps, had already destroyed a significant part of their stocks prior to raids by the Special Investigation Team of the Police.

While the State Government has announced a Judicial Enquiry by District Judge Anita Jha, it does not inspire confidence that another Judicial Enquiry headed by the same Judge into the Fake Encounter of a minor adivasi girl Meena Khalkho has not made any progress since its announcement in June 2012.

Target based coercive female sterilization has had serious consequences all over the country, and in the case of malnutritioned and routinely anaemic women of poor families, fatal ones. Yet the State has continued and rewarded such a policy. In the case of the Baiga tribes where permission is required to be taken from the Collector prior to conducting sterilization, the same was not taken. Perhaps following the procedure could have ensured that the Baiga women could have been provided safer medical conditions.

The State of Chhattisgarh has been seeing a series of medical catastrophes – blindness and even deaths of patients after cataract operation camps in 2011, the scandal of a large number of unnecessary hysterectomies only to extract “smart card” payments, a large number of malaria deaths, and recently a number of jaundice deaths in Raipur and other cities owing to contamination of drinking water by sewage.

The High Level Expert Group of the Planning Commission on Universalization of Health Care in 2013 clearly recommended that all citizens should be able to access equitably tax based, publicly provisioned health facilities and programmes of adequate quality. In our country this is the only way forward to avoid major epidemiological and social tragedies like the present. The Chhattisgarh PUCL further notes with concern that the present development model being pursued by the State Government is resulting in impoverishing a large section of the people who are easy victims of such incidents

The Chhattisgarh PUCL demands:-

A credible Judical Enquiry should be conducted expeditiously into the present incidents preferably by a Retired Supreme Court Judge and the results made public at the earliest.
The said Enquiry should establish whether the norms laid down repeatedly by the Supreme Court have been violated and if so how.
All those responsible for the manufacture, quality control, and supply of spurious drugs should be identified and brought to justice.
The Chhattisgarh Government should immediately consult medical experts at the highest level to lay down stringent guidelines regarding the conduct of various types of health camps.
Targeted approach for female sterilization must be done away with.
Steps should be taken toward the implementation of the recommendations of the High Level Expert Group on Universalization of Health Care.

Dr. Lakhan Singh (President)
Adv. Sudha Bharadwaj (General Secretary)

BJP MLA’s henchman strips, thrashes youth for supporting love marriage

November 15, 2014 by Nasheman

Belagavi: A notorious henchman of a BJP MLA has been caught on camera, assaulting and brutally thrashing two young men with hockey sticks after stripping them to the skin.

The barbaric incident which reportedly took place on November 2, came to light only when the hair-raising video footages, reached a few media persons this week. TV news channels on Friday showed visuals where Suresh Maruti Gatige, the henchman of Belagavi (Rural) BJP MLA Sanjay Patil, was thrashing the helpless youngsters.

A known miscreant of Sangh Parivar, Gatige punished the two for allegedly supporting their friend’s love marriage with a girl related to the accused. He thrashed both of them so brutally that a part of the hockey was also broken. Both the victims are said to be the natives of Kolhapur district of Maharashtra.

According to reliable sources, the local police were initially reluctant to file case against the culprit. When the father of one of the victims approached a police station in Kolhapur, the police refused to file the case by passing it off by claiming that the incident happened in Karnataka, so the case will be filed there only.

Finally, the case was registered on November 10 at Kakti police station in Karnataka, but police did not initiate any against the accused. However, media pressure gradually forced the police to arrested Suresh Gatige along with four others.

According to senior police officials, the other accused in the case are Digamber Jothiba Kavanewadkar, Jothiba Krishna Gundakal, Namdev Chaloba Bamne and Maruti Subbarao Savanth. All are from Khudanur of Chandgad taluk of Kolhapur district, and were arrested following a complaint filed by the victim, Anil to the Inspector-General of Police (Northern Range) Bhaskar Rao.

Witnesses

Preliminary investigations suggest that the victims- Anil and his friend, Ganesh, both from Khudanur- were witnesses to the registered marriage of Shubhangi and Prabhakar Ashok Vaddar.

The relatives of the girl, who were opposed to the marriage, kidnapped the witnesses from Chandgad and brought them to a farmhouse near Uchagaon village in Belagavi taluk on November 3.

The accused assaulted Anil and Ganesh with a hockey stick. One of them videographed the assault and threatened them if they informed the police.

Meanwhile, MLA Sanjay Patil has denied having any role in the incident, or any connection with the accused. He has said the accused was from Kolhapur district of Maharashtra and was visiting Belagavi.

Keep Gauri Lankesh away from naxal panel, tells BJP; CM refuses

November 15, 2014 by Nasheman

Photo: K . Bhagya Prakash

Bengaluru: The Bharatiya Janata Party has urged the Karnataka Governor to direct the state government to keep senior journalist Gauri Lankesh away from the committee formed by the government to help bringing the naxals into the mainstream by convincing them to shun violence and surrender.

A delegation of the BJP leaders comprising legislators and leaders from the Malnad region C. T. Ravi, D. N. Jeevaraj and Bhanuprakash, accused Ms. Lankesh of having a soft corner for naxals and said it would not be possible for the government to have a dispassionate view on the issue if she was present on the panel.

Emerging from Raj Bhavan after submitting a memorandum to governor Vajubhai Vala, former minister, C.T. Ravi claimed Ms Lankesh, who is convenor of the Civilian Forum for Peace, was a Naxal supporter and her presence on the committee was likely to help the ultras rather than the government.

Criticising the ongoing efforts to ensure surrender of naxals Sirimane Nagaraj and Noor Zulfiqar, the BJP said the two were old and ill. Instead, efforts should be made to convince the young and active naxals to shun violence.

Meanwhile Chief Minister Siddaramaiah shunned the BJP’s suspicions over Ms. Lankesh. He accused the party of seeing everything with a biased view.

IPL match fixing: Gurunath Meiyappan, Raj Kundra named in Mudgal Committee report

November 14, 2014 by Nasheman

New Delhi: N. Srinivassan, his son in law Meiyappan, Sunder Raman former COO IPL, Rak kundra, co owner of Rajasthan royals and husband of bollywood actress Shilpa Shetty, figure in the list of those Mudgal committee, who probed the IPL match fixing and betting, mentioned in its report.

Supreme Court today revealed the six names including Stuart Binny who was named in the remaining two ODI against Sri Lanka.

After the revelation the AGM of BCCI has been postponed for four weeks. The meeting was scheduled to be held on 20th of November. The meeting was to be followed by the elections of BCCI President. Former president Srinivasan had to step down after Mudgal committee mentioned his son inlaw in the IPL match fixing.

Srinivasan is desperately trying to make a come back and postponement may come a breather for him as it will give him more time to garner the support.

Supreme Court has not mentioned their roles in the match fixing. Mudgal Committee has mentioned 13 names in its report which was submitted to the apex court.

The apex court bench headed by Justice T. S. Thakur said that the report dealing with the conduct and role of Srinivsasan, Meiyappan, BCCI official Sundar Raman and Rajasthan Royals co-owner Raj Kundra will be given to these four people as well as to the BCCI and the petitioner Cricket Association of Bihar.

The court, however, said that the names of the players named in the report will be held back for the time being.

The court said all the parties will file their objections to the report within four days of its receipt and they will have the liberty to file responses to rival objections in another four days and directed the listing of the matter for Nov 24.

The court recorded the statement by BCCI counsel T.A. Sundaram that the meeting of the BCCI annual general body which was scheduled to be held Nov 20, will now take place after four weeks.

The sixth IPL season last year was marred with a major controversy after police launched legal proceedings against several IPL officials and cricketers, including former Test fast bowler Shanthakumaran Sreesanth, for illegal betting and spot-fixing.

The IPL, which began in 2008, features the world`s top players signed up for huge fees by companies and high-profile individuals in a glitzy mix of sport and entertainment.

Supreme Court of India Orders Day to Day Trial in Gulbarg Society massacre case

November 14, 2014 by Nasheman

Zakia Jafri and Teesta Setalvad visit her Gulbarg Society home in Feb ’10

by Teesta Setalvad

Today i.e.. November 13 2014 the Supreme Court of India Ordered Day to Day Hearing of the Gulberg Trial and completion of the Trial within 3 months. It did not Its Vacate Stay on the Trial Court Judgement (operative since May 2010) (as requested by SIT). The state of Gujarat tried to confuse the issue but fortunately our team, Ms Aparna Bhat had a detailed status report prepared by us which was read out to the Hon’ble Court.

Detailed Background / Status report on Gulberg Trial is Pasted Below

SIT has filed an application to Vacate Stay on Judgement. Our Advocate Ms Aparna Bhatt pointed out to the Court that over two years delay had been caused by the SIT refusing to produce documents related to Witness Application under Section 319 seeking to make MK Tandon, PN Gondia and others accused in the Trial. Finally after the HC rejected their obstructionist attempts they produced the documents in August this year. We have still not been given a copy. (Detailed Dates and SIT instructions given below).

Gulberg Case – SC No. 152/02

Update

Trial Suspended from July 2012 until March 2014 when the Gujarat High Court rejected SIT’s frivolous application challenging the Order of the Sessions Court dated May and June 2012.

Background:-

Special Court Judge BJ Dhandha in Sessions Case No. 152/02 and others through an order 31 May 2012 (Order at Exhibit 1577) directed the SIT to produce documents related to joint commissioner of police, MK Tandon and P.B. Gondia as the papers were related to the further investigation directed by the Supreme Court. The further investigations into the Gulberg trial, especially vis a vis the alleged criminal conduct of these two police officers were sought to be prevented from coming on record by the SIT by deliberately confusing this case with the wider criminal conspiracy in the Zakia Jafri v/s Narendra Modi and 59 Others case.

The further application u/s Section 319 ( Exhibit 1577) was moved by us witnesses in Special Sessions court dated 12.5.2012 and it was on this application that the Court pronounced the order on 31.5.2012 stating inter alia that, while at this stage no order is passed in this application.

The SIT did not comply with the said order dated 3.7.2012 passed by the Sessions Court

[Exb.1661] and in fact moved the Sessions Court to review its own Order. This was also turned[ down by a final Order of the Sessions Court passed on 3.7.2012. (Exb.1748 and 1730) In this context the affidavit filed by Himanshu Bhatt of the SIT dated 18.6.2012 resisting the application of the Sessions Court Order (Exhibit1754) is noteworthy. It is important to note that the Special PP RC Kodekar had noted that he had no objection to the documents being prayed for in our application. The SIT continued to play a dilatory and destructionist role.

The SIT submitted the closure report filed before a lower court in the Zakia Jafri case but this has been kept in a sealed cover and sought to leave to challenge the orders in the High Court. The SIT thereafter on 24.7.2012 moved the Special Criminal Application (SCR) 2249/2012 in the Gujarat High Court. (Exhibit 1730 and 1748).

Witness Survivors have filed their Affidavit-in Reply in the said SCR but were distressed that no hearings have taken place in the Gujarat High Court and the entire the Trial process has been stalled.

Judge BJ Dhandha retired in September 2013 and another Judge KK Bhatt has been assigned to hear the Trial but not a single hearing has taken place.

The closure report in the Zakia Jafri case was filed on 8.2.2012 before the Magistrate (a lower court than the Special Court hearing the Gulberg trial) and the protest petition therein was argued through 2013. While the Magistrate hearing the case rejected the protest petition by it’s Order dated 26-12-2013, the SIT is seeking shelter under this to conceal critical evidence about the allegedly criminal conduct of Tandon and Gondia before a higher court, the Sessions Court hearing this, i.e. the Gulberg trial.

In effect therefore, the Trial in the Gulberg Society Carnage case had been completely stalled since July 2012 largely because of the SIT’s reluctance to make available relevant documents.

In December 2009, witnesses had moved an application under Section 319 of the CrPC seeking to arraign more accused (Exhibit Nos exhibit 738) including former joint commissioner of police MK Tandon and former deputy commissioner of police PB Gondia. In its order passed on 18.1.2010 vide Exb.738 the Special Sessions Judge allowed the application vis a vis one accused namely Rajesh Dayaram Jingar, rejected it vis a vis three accused namely (1) Manish Somabhai Patel @ Manish Splendar (2) Mahendra Pukhraj (3) Jagrupsing Rajput but kept the issue of arraigning the two senior policemen pending since further investigation into their criminal negligence was still being conducted by the SIT on 3.10.2011,

Witness Victim Survivors thereafter moved an Application (Exhibit Nos 1661) to access the relevant documents of investigation. An application to stay the proceedings until these documents were brought on record was rejected by the Sessions Court and the matter appealed by Victim Survivors in the Gujarat high Court (SCR 3322/2011). While rejecting the application, the Hon’ble Gujarat high court in its order dated 29.12.2013 (Para 17) observed, “I have given thoughtful consideration to this aspect of the matter. There is no dispute that the Hon’ble Apex Court directed the SIT to comply with the directions issued in paragraph no.9 in the order dated 12.9.11 and thereafter even the Sessions Court vide order dated 9.11.11 almost issued the said direction to the SIT and till date no report is filed either before the Court having competent to take cognizance of the matter and till date no copies of such report and documents have been furnished to the Court of Session. In the above view of the matter. The respondent no.2 should take immediate action and the submissions advanced by Mr.A.C. Choksi. Learned Special Public Prosecutor for the respondent no.2 that the report shall be submitted at the earliest should be followed in its true spirit.”

The entire evidence in this trial has been recorded and final arguments have been virtually concluded in the trial. It was a pending application under Section 319 CrPC where a judicial order had kept the issue of arraigning joint Commissioner of Police MK Tandon, DCP P.B. Gondia, (Note No.2) Police Commissioner P.C.Pandey and I.O. S,S,Chudasma A.C.P. Crime Branch pending, that the applications by Witness Survivors for additional documents were made. The next date of hearing in SCR 2249/2012 was then on 19.2.2014

Finally the Gujarat High Courtr dismissed the Application by the SIT ruling against it. The SIT finally submitted the Index of Documents from which Witmess Advocates have to indicate the relevant documents on 05.08.2014. The next date for hearing is 25.07.2014

ROZNAMA (while SIT had effectively stayed the Trial by Its application against the Sessions Court Order granting documents dated May and June 2012).

Date Details

17.9.13 Formal date is given.

1.10.13 Accused produced in the ‘E’ Court. Accuse No.17 and 49 accused exception from appearance application submitted in the court and granted vide exb. No. 1822

12.10.13 Addl Session Judge K.K. Bhatt. [Sp. P.P. Shri R.C. Kodekar was absent} SIT moved for medical relief for accused [PC Mehboobbhai was present] Accused No.17 Kalpesh Purohit’s medical certificate produced vide exb. 1823 in the court. Notice issued to guaranteer and NBW against accused No. 1 to 7.

25.10.13 Matter adjourned to 11.11.13 for final arguments due to matter pending in High Court

11.11.13 Matter adjourned to 25.11.13 for final arguments due to matter pending in High Court

25.11.13 Matter adjourned to 10.12.13 for final arguments due to matter pending in High Court

3.12.13 Accused produced in the court today. Accused No.3 Sandeep @ Sonu Ghungruvado ( SC. No. 167/03) And accused No.3 Surendrasing Digvijay Singh ( SC. 152/02) and Accused No. 43 Narayan Sitaram (S.C. No. 194/04) application about discussion and to take guidance vide exb.1829. Exb. 1829 application of the accused rejected.

10.12.13 Matter adjourned on. 26.12.13 due to matter pending in High Court

26.12.13 Pursis vide Exb.1832 about death certificate of Accused No.17 Court is on leave today. So, next date on 9.1.14

Matter adjourned to 9.1.14 due to matter pending in High Court

9.1.14 Order as per Exb.1834. Recorded Nodel Officer to File The report

Matter adjourned to 21.1.13 due to matter pending in High Court

21.1.14 Report not submitted vide Exb. 1835 accused no.17’s death

Matter adjourned to 4.2.14 due to matter pending in High Court

24.1.14 Order to take necessary action against Transfer warrant of Accused No.1 Kailash Lalchand Dhobhi by DCB II Cr.No.3132/13 and send to criminal department II. SIT submitted report to inquire about the death of accused no.17 vide exb.1836

Matter adjourned on. 17.2.14 for final arguments due to matter pending in High Court

17.2.14 Matter adjourned on. 3.3.14 to submit arguments due to matter pending in High Court

20.2.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 136/14 submitted in the court by accused Jayesh Ramjibhai Parmar vide exb.1838.

3.3.14 Speedy Trial Application submitted in the court vide exb. No.1839 on behalf of witnesses Sayraben Sandhi, Firoz Gulzar Pathan, Rupa Dara Modi and Salim Noor Mohammed Sandhi by Advocate S.M. Vora. Copy was received by Prosecution. Next date of hearing on 10.3.14

Matter adjourned to. 18.3.14 due to matter pending in High Court

5.3.14 Received the copy from criminal department II vide exb.no. 1841 about Writ in the Hon’ble Gujarat High Court Cr.M.A. No. 2249/12

10.3.14 Court is on leave so hearing of Exb.1839 postponed.

18.3.14 Written reply submitted in the court by Sp.P.P. about SIT officer application vide exb.1839. which submitted Exb.1843

Matter adjourned to 15.4.14 to, submit arguments

Hearing of Exb.1839 on dt.7.4.14

Next date. 31.3.14

31.3.14 Court is on leave. Next date 15.4.14

7.4.14 Rejoinder affidavit Exb.1845 submitted in the court against the witnesses vide exb.1843 reply by the SIT.

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

11.4.14 Writ certified copy of Honble Gujarat High Court in Cr, M.

A.No.3911/14 vide exb.1846 submitted in the court.

15.4.14 Matter adjourned to 29.4.14

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

18.4.14 Court heard arguments in Exb.1839 and admitted SIT IO Sur-Rejoinder vide Exb.1848 Court heard Sp.PP’s Arguments

Court adjourned for argument reply by Sp.PP .

Next date.22.4.14

22.4.14 Court heard in Exb.1839 Sp.PP argument reply by S.M. Vora. So, adjourned and on order vide exb.1839.

Next date.9.5.14

29.4.14 Matter adjourned to. 13.5.14 to for final arguments due to matter pending in High Court;

For further hearing and order in Exb.1839 . So, adjourned to

dt.9.5.14

13.5.14 Matter adjourned to 27.5.14 to submit arguments in favour of Accused due to dilatory tactics by the SIT. For further hearing and order in Exb.1839 . So,

adjourned to dt.27.5.14

27.5.14 Matter adjourned to 10.6.14 to submit arguments

For order in Exb.1839 . So, adjourned on dt.27.5.14

10.6.14 Court is on leave. So next date.24.6.14

Matter adjourned to 24.6.14. For orders in Exb.1839 .

24.6.14 Matter adjourned to 08.07.2014 to submit arguments in favour of accused due dilatory tactics by the SIT For order in Exb.1839 . So, adjourned on dt.8.7.14

8.7.14 Order declared in Exb.1839- Witness application for Documents was finally allowed

Matter adjourned to 22.7.14

22.7.14 Court is on leave. SIT IO Himanshu Shukla given application to take

15 days time to submit the copies in the court to Sp.P.P. vide Exb.1839 and this exb. No. 1856.

Application granted…..

Matter adjourned to 5.8.14.to submit arguments in favour of accused due to Supreme Court stay order

2.8.14 Cr.M.A. No. 11343/14 of the Gujarat HC Xerox copy of writ vide exb.1858

Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1859

Cr.M.A. No. 10494/14 of the Gujarat HC Xerox copy of writ vide exb.1860

Cr.M.A. No. 9491/14 of the Gujarat HC Xerox copy of writ vide exb.1861

5.8.14 Order’s copy submitted in Exb.1839 by the Sp.P.P. in the court vide Exb. 1863

Order to “abate” Accused No.17 Ratilal Ganeshji Kumbhar on cause of death.

Matter adjourned to 19.8.14 for arguments

INDEX of Documents submitted to Witness Advocates by the SIT

7.8.14 Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1864

19.8.14 Application to provide documents in favour of witnesses in Exb.1839 by Advocate S.M. Vohra’s with Exb.1866.

Fixed for hearing. Matter adjourned to. 2.9.14 to submit arguments in favour of accused due to Supreme Court stay order

2.9.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 12643/14 submitted to the court by accused Jayesh Madanlal Jingar vide exb.1868

Copy of Letter of High Court Ahmedabad about the order of the Supreme Court by Deputy Registrar of the Supreme Court wide Ex.1869

Matter adjourned on. 11.9.14.for final arguments

For hearing in Ex.1866

Next date 11.9.14

11.9.14 Court adjourned for requested by Advocate Salim in favour of witnesses and Sp.P.P. Kodekar to give copy of documents oraly.

Next date 25.9.14

Matter adjourned to 25.9.14 for witnesses to submit list of documents needed to press Section 319 application

Update for 13.11.2-14

Note:- Judge K.K. Bhatt retired on.30.9.2014 and the new designated Judge P.B Desai was appointed on 15.10.2014

(Note: List of Documents from Index along with all documents pertaining to more accused sought to be arraigned in the Section 319 application i.e. MK Tandon –then Joint CP, Ahmedabad, PB Gondia, then DCB Crime Branch, Ahmedabad etc submitted by the SIT to the Court on 5.8.2014. Witness Survivors moved application before the Court to provide them with a copy on 19.08.2014 (Exhibit 1866). Though the Court fixed the date for hearing of the application on 2.9.2014, the said application has not yet been heard by the Court and no documents have been received by us to this day.)

25.9.14 Matter adjourned to 9/10/14 for Submission of documents

9.10.14 Matter adjourned to 20/11/14 for Submission of documents

20.10.14 Matter adjourned to 5/11/14 for Submission of documents

05.11.14 Matter adjourned to 19/11/14 for Submission of documents

There is no Order in Gulberg for Fixed days for hearing in the Week

Next date of Hearing is now 19.11.14

Modi govt to lend $1 billion for Adani Australia coal mine

Women inmates allege forced sex in jail

US/India WTO agreement: How corporate greed trumps needs of world's poor and hungry

Parliament should pass strong anti-child labour law: Kailash Satyarthi

Bombay HC quashes Muslim, Maratha reservation in Maharashtra govt jobs

Chhattisgarh: PUCL Condemns sterilisation deaths, calls it a form of medical homicide

BJP MLA’s henchman strips, thrashes youth for supporting love marriage

Keep Gauri Lankesh away from naxal panel, tells BJP; CM refuses

IPL match fixing: Gurunath Meiyappan, Raj Kundra named in Mudgal Committee report

Supreme Court of India Orders Day to Day Trial in Gulbarg Society massacre case

KNOW US

GET INVOLVED

PROMOTE

Archives