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SC to hear Yakub Memon’s plea on Monday

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New Delhi: The Supreme Court will hear on Monday the plea by 1993 Mumbai serial bomb blasts convict Yakub Memon, challenging the death warrant issued against him and seeking the stay of his execution set for July 30.

“I have already assigned the bench. It will come by Monday,” said Chief Justice H.L. Dattu as senior counsel T.R. Andhyarujina mentioned the matter before the bench, which also comprised Justice Arun Mishra and Justice Amitava Roy, on Friday.

Memon has moved the court contending that death warrant for his execution on July 30 was issued even before he could have exhausted the legal remedies that were available to him and when his curative petition was pending consideration by the apex court.

The apex court on July 21 had rejected Memon’s curative petition saying that it was void of merit.

On the same day, Memon filed a mercy petition before the Maharashtra governor seeking commutation of his death sentence into life imprisonment.

Memon, in his petition before the apex court, has relied on the apex court’s May 27, 2015, verdict where it had quashed the death warrant issued for the execution of Shabnam and her paramour Salim, both convicted for multiple murders of members of the girl’s family members including a 10-month-old child, on the grounds of it being illegal as procedure was not followed.

Quashing the death warrant, the court had held that the “Right to live under Article 21 does not end with the confirmation of the death sentence by the Supreme Court”.

Holding that “even when death sentence has to be executed, the human dignity is protected”, the court had said: “That is the reason there are many judgments as to the manner in which the execution is carried should be as painless as possible.”

It had held issuance of death warrants by the sessions judge within six days of the apex court upholding the death sentence of Shabnam and Salim was “unwarranted”.

Memon and 11 others were slapped with the death penalty by the special TADA court in July 2007 for 1993 Mumbai serial bomb blasts in which 257 people were killed and 712 were injured.

The apex court by its March 21, 2013 verdict uphold his death sentence while commuting the death sentence of ten others (one having died subsequently) to life imprisonment.

The apex court on April 9 had dismissed Memon’s plea for the review of death sentence verdict for the second time as it had earlier dismissed his similar plea seeking the recall of March 21, 2013 verdict.

 

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Indian Muslim Should Embrace The Triple Talaq Verdict, As It Outlaws the Radical Religious Side

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Triple Talaq
End of Triple Talaq. IANS

by Frank F. Islam

Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Also Read: One India, One Law: End of Triple Talaq 

Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.

Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.

India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.

The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.

India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)

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Top 10 highlights of Abu Salem sentencing for the 1993 Mumbai serial blasts case: Abu Salem gets life sentence, Feroz Khan and Tahir Merchant gets death penalty

The duration of punishment for the alleged gangsters of the 1993 Mumbai serial blasts - Abu Salem, Taher Merchant, Feroz Abdul Rashid Khan, Karimullah Khan, and Riyaz Siddiqui was announced today

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Highlights of Abu Salem’s sentencing
Highlights of Abu Salem’s sentencing. IANS

New Delhi, September 7, 2017: It has been 24 years since the atrocious 1993 Mumbai serial blasts happened. Finally, a special Terrorist and Disruptive Activity (TADA) Court court in Mumbai announced today the duration of sentence against the gangster Abu Salem and four other convicts- Taher Merchant, Feroz Abdul Rashid Khan, Riyaz Siddiqui, Karimullah Khan. Abu Salem and Karimullah Khan were given life imprisonment by the court whereas Feroz Khan and Tahir Merchant were given a death sentence. Riyaz Siddiqui is given 10 years of imprisonment.

Also Read: Flashback to Terror: 1993 Mumbai Blasts Judgement to Hail on June 27 After 24 Years

The mastermind behind the 1993 Mumbai serial blasts case was Mustafa Dossa, the blasts took lives of 257 people and injured 713 others. On 16th June 2017, Mustafa Dossa was convicted by the Court. But, the case against Mustafa Dossa was later closed as on June 28 he died due to a fatal cardiac arrest while the sentencing arguments were in the process in court. The CBI did claim that Mustafa Dossa’s role in the Mumbai serial blasts was “more severe” than Yakub Memon (he was hanged in July 2015 in the same case). The other claim made by CBI was that the “main conspirators” were Mustafa Dossa, Taher Merchant, and Feroz Khan.

Top 10 Highlights of Abu Salem’s sentencing:

  • The court said that Abu Salem’s ‘close proximity’ to chief conspirators of the case Anees Ibrahim (Dawood Ibrahim’s brother) and Mustafa Dossa, made him transport and conceal arms and ammunition at various places.
  • The court said, “Feroz Khan is not Hamza Khan as claimed by him. He is the same Feroz Abdul Rashid Khan, who was declared a proclaimed offender in this case in 1993.” The court noted that Feroz was in fact ‘a prominent member’ of the Dossa gang and was also ‘actively involved’ in smuggling of arms and ammunition to India.
  • According to ANI reports, Ujjwal Nikam, Public Prosecutor said: “Convicts will get set-off for the time they have served in jail.”
  • Abu Salem and Karimullah Khan were sentenced to life imprisonment due to 2 separate counts each. The court ordered Salem and Karimullah to pay Rs 2 lakh fine.
  • Feroz Abdul Rashid Khan and Tahir Merchant were given the death sentence. As per CBI, “Feroz and Tahir were the main conspirators.”
  • Riyaz Siddiqui was given 10 years of imprisonment. He had been found not guilty of conspiracy but was convicted under section 3 (3) of the TADA(P) Act as he provided a vehicle to Abu Salem for transporting the vehicles.
  • Abu Salem was sentenced to life imprisonment by TADA court on charges of conspiracy and murder which were proven against him. After him, Karimullah Khan was sentenced to life imprisonment.
  • The death penalty could not be awarded to Abu Salem as he was extradited from Portugal in 2005 and India had signed an extradition agreement with Portugal.
  • “The TADA court had earlier convicted all of them except Riyaz Siddiqui under charges including murder, criminal conspiracy and other sections of the Indian Penal Code (IPC) – TADA Act, Explosive Substances Act, Explosives Act and Prevention of Damage to Public Property Act.
  • The Central Bureau of Investigation (CBI) asked for a death sentence for Feroz, Merchant, and Karimullah, and for Salem and Siddiqui- life imprisonment.

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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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Chief Justice of India.
The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
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