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Chandrabhan Sanap gets death in TCS techie rape-n-murder case

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Chandrabhan Sanap (right) is seen with Esther Anuhya in the CCTV footage at the Lokmanya Tilak Terminus on January 5. (File photo)

Chandrabhan Sanap (right) is seen with Esther Anuhya in the CCTV footage at the Lokmanya Tilak Terminus on January 5. (File photo)

Mumbai: A special women’s court here today awarded death sentence to Chandrabhan Sanap, prime accused in the rape and murder of a Andhra Pradesh-based software engineer in suburban Kurla here last year.

“The case falls under the category of the rarest of rare, hence the accused is awarded death sentence…he must be hanged by his neck till he is dead,” said Special Women’s court judge Vrushali Joshi pronouncing the verdict.

The prosecution demanded death for Sanap, saying that sympathy to him would send a wrong signal and neither the victim’s parents nor the society would feel that justice has been delivered.

On the other hand, pleading for mercy, the defense lawyers had argued that the convict had undergone reformation while in prison.

On October 27, the 29-year-old driver was convicted under IPC Section 302 (murder), Section 376 (rape) and Section 201 (causing disappearance of evidence of offence) for raping and killing the 23-year-old techie, after the court agreed with the prosecution, which had examined 39 witnesses in the case.

Mumbai Police’s crime branch had arrested Sanap in early March last year about two months after the murder of the young techie, who was a native of Machilipatnam in Andhra Pradesh and was employed as assistant system engineer with IT major TCS at its office in suburban Goregaon.

Investigators caught Sanap after an exhaustive scrutiny of 36 CCTV footages at the railway station and grilling of about 2,500 people. The victim went missing from Lokmanya Tilak terminus near Kurla after arriving by train from Andhra Pradesh in the early hours of January 5, 2014.

According to police, Sanap spotted her sitting alone at the railway station and offered to drop her off at Andheri on his two-wheeler. Subsequently, he took her to an isolated spot and strangled her when she resisted his attempt to rob her.

The decomposed body of the techie was found off the Eastern Express Highway in suburban Bhandup on January 16, 2014. Sanap, who worked as a porter here and then as a driver in Nashik, is a history-sheeter.

(Agencies)

Law Commission for “swift” scrapping of capital punishment

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Death Penalty

New Delhi: The Law Commission Monday recommended by a majority “swift” abolition of death penalty except in terror-related cases, noting it does not serve the penological goal of deterrence any more than life imprisonment.

The recommendation by the 9-member panel was, however, not unanimous, with one full-time member and two government representatives dissenting and supporting retention of capital punishment.

In its last report, the 20th Law Commission said there is a need to debate as to how to bring about the “abolition of death penalty in all respects in the very near future, soonest.”

The panel, while refusing to recommend any single model for abolishing death penalty, said “the options are many — from moratorium to a full-fledged abolition bill. The Law Commission does not wish to commit to a particular approach in abolition. All it says is that such a method for abolition should be compatible with the fundamental value of achieving swift and irreversible, absolute abolition.”

While supporting death for those convicted in terror cases and for waging war against the country, the report, ‘The death Penalty’ said that although there is no valid penological justification for treating terrorism differently from other crimes, concern is often raised that abolition of capital punishment for terror-related offences and waging war will affect national security.

The panel also questioned the “rarest of rare” doctrine in awarding death to convicts.

“After many lengthy and detailed deliberations, it is the view of the Law Commission that the administration of death penalty even within the restrictive environment of ‘rarest of rare’ doctrine is constitutionally unsustainable.

“Continued administration of death penalty asks very difficult constitutional questions…These questions relate to the miscarriage of justice, errors, as well as the plight of the poor and disenfranchised in the criminal justice system,” the report said.

One of three full-time members Justice (retd) Usha Mehra and both the ex-officio members — Law secretary P K Malhotra and Legislative Secretary Sanjay Singh gave their dissenting notes.

The Law Commission comprises a Chairman, three full-time members, two ex-officio members who represent the government, and three part-time members.

(Agencies)

Tantric awarded death sentence for killing eight-year-old boy

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death-sentence

Jajpur: A local court in Jajpur district has awarded death sentence to a 30-year-old Hindu tantric after convicting him for killing an eight-year-old boy in a human sacrifice case.

District and Sessions Judge Jivan Ballav Das on Tuesday pronounced the capital punishment on Pitambar Gaipei for killing Srikant Bag of Damodarpur under Sukinda police station limits in the district.

The incident, which took place in Icchanagarpatna village, had sent shock waves in the area. The court pronounced the sentence after examining 22 witnesses and their deposition in the case.

Gaipei had slit the child’s throat and pierced his body with a sharp weapon on February 11, 2010. He had lured the child by offering him chocolates and committed the crime, the police had said in its chargesheet.

The police had recovered the boy’s beheaded body from a drain in Icchanagarpatana, a village close to where he lived, on February 12, 2011. His head was found buried in the tantrik’s house along with religious offerings, the police had said.

The matter came to light on February 17, 2010 after the boy’s parents lodged a complaint with Sukinda police after reconciling to their fate that their child was lost.

Following the incident, Pitambar was on the run. Police had launched a manhunt and nabbed the culprit. He was then produced before the local court.

The arrested tantric confessed before the police that he killed the boy as an offering to the gods to bring good fortune to the people of the area.

(Agencies)

Bangladesh sentences Islamist leader to death

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Jamaat-e-Islami leader Azharul Islam found guilty of war crimes committed during 1971 independence war against Pakistan.

Azharul Islam was found guilty for the killing of more than 1,200 people in Rangpur [Mahmud Hossain Opu/Al Jazeera]

Azharul Islam was found guilty for the killing of more than 1,200 people in Rangpur [Mahmud Hossain Opu/Al Jazeera]

by Al Jazeera

Bangladesh’s war crimes court has sentenced a leading Islamist leader to death for rape, mass murder and genocide during the country’s 1971 liberation war.

ATM Azharul Islam, 62, assistant secretary general of the nation’s largest Islamist party, the Jamaat-e-Islami, became the 16th person and the 11th Islamist to be convicted of atrocities by the International Crimes Tribunal.

The tribunal found him guilty on Tuesday of being a key member of a notorious pro-Pakistan militia.

He was ordered “hanged by the neck” for the genocide of more than 1,200 people in the northern district of Rangpur.

“No doubt, it was mass murder,” presiding judge Enayetur Rahimjudge Rahim told a packed court.

Those killed included hundreds of minority Hindus in one of the worst episodes of the nine-month war, which saw what was then east Pakistan break away from the regime in Islamabad.

Defence lawyer Tajul Islam rejected the charges against Azharul Islam and said his team planned to appeal the verdict in the Supreme Court.

“Azharul Islam was a 19-year-old student during the war and in no way was involved in war crime. The charges against him are false and fabricated,” the lawyer said.

Nationwide shutdown

Jamaat-e-Islami has called dawn-to-dusk countrywide shutdown for Wednesday and Thursday in protest against the verdict.

Previous death sentences handed down against Jamaat leaders, including its supreme and spiritual leaders, plunged Bangladesh into its deadliest unrest last year.

Thousands of Islamists clashed with police in nationwide protests over the verdicts and other issues that left some 500 people dead.

The BNP and Jamaat have called the trials politically motivated, aimed at eliminating opposition leaders rather than rendering justice.

Rights groups have said the trials fall short of international standards. The government maintains they are needed to heal the wounds of the war, which it says left three million people dead.

Independent researchers put the toll much lower.

If Junaid Jamshed’s “Blasphemy” Can Be Forgiven, Then Why Are Others Punished?

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Junaid Jamshed

by Ro Waseem, Patheos

Pakistan is known for its notorious anti-blasphemy laws. Under the Pakistan Penal Code, making blasphemous remarks about Prophet Mohammad can get you imprisoned for life, or be sentenced to death. Making blasphemous remarks about the Quran will get you imprisoned for life. While, making blasphemous remarks about his family or his companions will cost you 3 years in prison.

When “preserving” the sanctity of religious figures becomes more important than human lives, then that is an indicator for some serious introspection. Something we Muslims have been shying away from, for too long!

It would take too much space to expand on that, but I’ve previously argued in one of my articles that anti-blasphemy and apostasy laws differ from the Quranic commandments, on a most foundational level (You might want to read that here). No, Islam is not so feeble that it needs protecting from citizens who have probably never even read the Quran in their own language. So, perhaps what you are really protecting is your ignorance and your superficial understanding of Islam, gathered through pseudo scholars and the likes.

Moving swiftly on, an interesting (and quite revealing) case broke out recently with Junaid Jamshed, who is popularly known for his transformation from a prominent singer to quite a conservative Islamic preacher. A short clip from one of his sermons recently got viral, in which he is accused to be “blaspheming” against Hazrat Ayesha, one of the wives of Prophet Mohammad (pbuh).

He starts off, seemingly in a jovial mood, talking about how she would always demand more attention from Prophet Mohammad. So, one day she decided to fake sickness by wrapping a towel around her head.

“What happened, what happened?” inquired Prophet Mohammad.

“Ah, my head is bursting with pain!” she complained.

To which, he said: “Oh Ayesha, if you were to pass away, the Prophet of God would personally offer your funeral prayers. How fortunate would you be?”

She stood up at once:  “This is what you ardently desire–that I die, so you could spend more time with your other wives.”

Using this as a reference point, Junaid Jamshed goes on further to add some disgusting & misogynistic comments about the supposed flaws of women. But, I’m quite sure that is not what’s bothering those who seem to have been offended.

Although what Junaid Jamshed said about Hazrat Ayesha seems like an attempt of character assassination, I fail to see how that is more blasphemous than ISIS slaughtering people in the name of Islam, and why the outrage is not directed there. Regardless, soon after, a Fatwa (religious opinion) was issued against Junaid Jamshed by “Sunni Tehreek”, and some people were seen protesting against him.

Given that Junaid Jamshed is a member of “Tableeghi Jamat”, they obviously did not want bad press associated with their movement, which could perhaps delegitimize the authority they enjoy in mainstream Muslim circles. Thus, Maulana Tariq Jameel, a senior member of the Tableeghi Jamat, released a video in which he expressed his sorrow over the “blasphemous” remarks made by Junaid Jamshed, and repeatedly clarified that these views were neither endorsed by him nor the Tableeghi Jamat as a whole. He said human beings are bound to make mistakes, and so Junaid Jamshed should apologize and seek forgiveness from everyone.

Now, the issue had become way too sensitive. So, Junaid Jamshed put on an embarrassed face, and released a video in which he apologized for his “blasphemous” remarks, and pleaded everyone to forgive him. “People make mistakes”, he said. And, judging by the top comments under the video, it seems that people have indeed forgiven him. Case resolved. What a happy ending!

Yet, is it really?

Needless to say that I do not think he should be charged for blasphemy and that I feel relieved that Muslims have forgiven him, I think this partial attitude does more harm than good, for it promotes double standards and hypocrisy! I wonder, why are people who belong to minority groups in Pakistan not given the same privilege, the same benefit of doubt when accused of blasphemy? Why are they not given the luxury of apologizing for their “mistake”, a mistake they may or may not even have committed? Why does the state not recognize that anti-blasphemy laws are mostly used to settle personal disputes and prejudices?

Furthermore, what happened to the central Quranic commandment of standing up for justice impartially, even if it be against ourselves, or our family (Quran 4:135)? Conveniently ignored, as always?

Hence, the question that begs to be asked is: What if this “mistake” was made by someone not as religiously influential as he is? Would they deserve the same fate as the scores of people who have been murdered or put to death, in the name of “preserving” a religion that is increasingly becoming more and more intolerant & detached from the Quran? Wouldn’t this then be blatant hypocrisy?

So, let us recall what the Quran says about hypocrites, and put an end to the façade of criminals posing as Muslims:

“Without a matter of doubt, the hypocrites shall be in the lowest depths of the Fire – and never will you find for them a helper.” Quran, 4:145

No, Junaid Jamshed should not be tried for blasphemy, but neither should anyone else be. The fact that Veena Malik is sentenced to prison for 26 years for “blasphemy”, while Junaid Jamshed is immediately forgiven is a reflector of our double standards. “We strongly believe in our religion and respect it. It is beyond our wildest imagination to even think of disrespecting the institution.”, said Veena Malik.

Why is her apology not acceptable? Is it because of the fact that we judge people’s character by how “Muslim” they look, instead of looking at their values? Maybe if Veena Malik could grow a beard, we would embrace her too?

Upholding blasphemy death sentence against Asia Bibi 'a grave injustice': Amnesty International

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asia-bibi-protesters

A Pakistani court’s decision to uphold the death sentence against a Christian woman convicted on blasphemy charges is a grave injustice, Amnesty International said.

The Lahore High Court today rejected the appeal against the death sentence imposed on Asia Bibi, who was sentenced to death in 2010 for allegedly making derogatory remarks about the Prophet Muhammad during an argument with a Muslim woman.

“This is a grave injustice. Asia Bibi should never have been convicted in the first place – still less sentenced to death – and the fact that she could pay with her life for an argument is sickening,” said David Griffiths, Amnesty International’s Deputy Asia Pacific Director.

“There were serious concerns about the fairness of Asia Bibi’s trial, and her mental and physical health has reportedly deteriorated badly during the years she has spent in almost total isolation on death row. She should be released immediately and the conviction should be quashed.”

Asia Bibi’s lawyer said after today’s verdict that he will file an appeal to the Supreme Court.

The story does not end here

An editorial in Pakistan’s The Nation opines that the, “courts in Pakistan must start recognising the fallibility of sworn testimonies. Asia Bibi was convicted on the basis of the testimony of a cleric and other women in the village, even though charges should also be leveled against her accusers for first marginalizing her and then using courts to settle their personal scores against a mother of five. The lack of proper investigative techniques means that evidence is often doctored, and witnesses coerced for personal or ideological reasons in order to spin the case one way or another.”

The Daily Times writes that,”the story does not end here as a series of violent events ensued from this case and continue to haunt us, with some high profile figures like Salmaan Taseer and Shahbaz Bhatti — the then Punjab governor and the federal minister of minorities respectively — having lost their lives for standing up for the victim and voicing against the abusive use of the blasphemy law. The fact that attempts to repeal it have been thwarted, with some paying for it with their lives or receiving life threats, logic demands alternate ways to provide justice. Is there any law that can save a person who has been falsely accused? And is there is any punishment for the one who falsely accuses someone? Or will the clouds of such travesties of justice permanently loom over our heads? One can find plenty of cases where witch-hunts, vigilante mobs, land grabs and assassinations have been carried out under the umbrella of this law.

The Gojra, Badami Bagh, Gujranwala incidents, the recent killing of one blasphemy accused and wounding of another in Adiala Jail and many other similar events are blatantly scars on the face of our history and no one accused of blasphemy, rightly or wrongly, is safe. It is more than shameful for this increasingly intolerant and bigoted society that the perpetrators behind such heinous crimes are treated as heroes while the principles of justice stand paralysed. Parliament needs to take steps to save society from an incremental breakdown of justice because of the blasphemy law while providing safeguards for the falsely accused, whose number is growing, to our permanent shame and ignominy.”

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