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Memon files clemency plea before president

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picture from- www.dnaindia.com

Nagpur/New Delhi:  Death row convict Yakub Memon has filed a plea with the president seeking commutation of his death sentence to life imprisonment, official sources said on Wednesday.

picture from- www.oneindia.com
picture from- www.oneindia.com

This is the first time Memon – found guilty and sentenced to death for his role in the March 12, 1993 Mumbai serial blasts – has made a direct plea to the president.

Earlier, a similar appeal was made by his family on his behalf which was rejected in April 2014.

Memon has contended in the latest appeal that his plea with Maharashtra Governor C.V. Rao is also pending and so the hanging – earlier scheduled for Thursday – would be illegal.

Speaking to the media, Special Public Prosecutor Ujjwal Nikam, has termed the latest development as “a ploy by Memon to delay the hanging process”.

(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.


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India’s first Prime Minister Jawaharlal Nehru established parliamentary system of governance in India: President Pranab Mukherjee

Mukherjee said that the Indian democratic process was still unfolding

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President Pranab Mukherjee, Source- Wikimedia

Mumbai, March 17, 2017: President Pranab Mukherjee on Friday said it would not be wrong to credit India’s first Prime Minister Jawaharlal Nehru with establishing parliamentary system of governance in India.

Speaking at India Today Conclave here, Mukherjee said it was a “tremendous risk” to take any step in the circumstances prevailing then, but Nehru took the plunge and as a result India is a vibrant democracy today.

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“Nehru in his long innings as Prime Minister of India had profound influence over my generation. If someone says that Pandit Jawaharlal Nehru is the architect of parliamentary system of governance in India, he won’t be wrong,” Mukherjee said.

“It is not that he did not make mistakes but the fact remains that he took tremendous risk of introducing parliamentary politics in a country that is so vast and diverse, had zero economic development and low literacy levels at that time. But he took the risk,” he added.

Mukherjee noted that as a sign of vibrant Indian democracy, in the 2014 Lok Sabha elections, 66 per cent of “800 million people of India voted to elect 543 members to the Lok Sabha”.

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Mukherjee said that the Indian democratic process was still unfolding.

“It was Nehru who gave a new shape to India in 1956 by deciding to have states based on language. Today we have 29 states and the formation of Indian states has not closed. India’s democratic process in unfolding,” he said.

Mukherjee also noted former Prime Minister Indira Gandhi’s decisive action in the liberation of Bangladesh in 1971.

“Indira Gandhi had a strong influence over me. The high point of her political career was her effective and almost decisive role in liberation of Bangladesh. She was an effective Prime Minister who could utilise her power to further the principles she believed in,” he said. (IANS)