TUESDAY www.thestatesman.com 10 JULY 2018 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16|` 5|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P7 SENSEX 35,934.72 +276.86 WEATHER SHARIF TO BE ARRESTED ON ARRIVAL IN PAKISTAN CYRUS MISTRY TO CHALLENGE VERDICT CAPT DEFENDS DOPE TEST FOR GOVT EMPLOYEES P10 NIFTY 10,852.90 +80.25 ` vs $ 68.72 +15 PAISE MORGAN LAMENTS BATTING COLLAPSE AGAINST INDIA P13 GOLD 29,570.00 +120.00 P15 SILVER 39,850.00 +450.00 BRENT CRUDE (IN $) 77.69 +0.58 SC upholds death in Nirbhaya case Generally cloudy sky with light rain likely to occur. The maximum and minimum temperatures would be around 38 and 29 degrees Celsius respectively. Rejects review petitions filed by three of the four convicts as the court felt the petitions lacked grounds for a review RAINFALL: Nil RELATIVE HUMIDITY STATESMAN NEWS SERVICE NEW DELHI, 9 JULY Max. 80% TEMPERATURE Min. 36% Max: 40.1°C (+4) SUN RISES 05:32 hrs MOON RISES 03:32 hrs Min: 30.8°C (+3) SUN SETS 19:22 hrs MOON SETS 16:37 hrs THUMBNAILS Prime Minister Narendra Modi on Monday said his government's 'Make in India' initiative has propelled India to become the world's secondlargest manufacturer of mobile phones as the number of factories soared to 120 from just 2 four years ago. Speaking at the opening of the world's largest mobile phone manufacturing facility in Noida, South Korean President Moon Jae In said Korean firms are taking part in the fast-paced growth of India and plants P11 like Samsung will create jobs for Indians. Today’s World Cup Semi-final France vs Belgium 11.30 pm Faith in judiciary reinstated: Family T he Supreme Court on Monday rejected review petitions filed by three of the four convicts and upheld the death punishment in the gruesome 2012 gang rape and murder of a young Delhi paramedical professional who came to be known as Nirbhaya. A bench of Chief Justice Dipak Misra and Justices R Banumathi and Ashok Bhushan said the petitions lacked grounds for a review. The three convicts Mukesh, 29, Pawan Gupta, 22, and Vinay Sharma, 23, had sought recall of the Supreme Court's May 5, 2017 verdict upholding the death sentence awarded by a trial court and confirmed by the Delhi High Court. They had sought reduction of death sentence to life term. The top court was asked to reconsider its own ruling in a review plea; the convicts are left with one more legal option of challenging their sentence before they appeal to the President for mercy. Pronouncing the judgement, Justice Bhushan said the review petition must show an error resulting in miscarriage of justice. He said none of the petitions by the convicts pointed out to an error leading to miscarriage of justice. The court also said the hearing on the appeals against the Delhi High Court judgement confirming the death sentence lasted 38 days as defence lawyers were given full opportunity to state their SNS & PTI NEW DELHI, 9 JULY Nirbhaya's parents show victory sign after the Supreme Court's verdict in the 16 December 2012 gangrape-and-murRITIK JAIN der case. In the Capital on Monday. cases. "Review applications cannot be entertained, one, a convict cannot be allowed to re-agitate the grounds of appeal. There has to be an apparent error on record to show it resulted in miscarriage of justice. "The death row convicts failed to point out error in the judgement. (The) convicts were heard elaborately during appeals and no grounds have been made out for review of its verdict," Justice Bhushan said. The victim's mother Asha Devi said she hoped the convicts would be executed soon. "There is more fight ahead, but we have got justice once again. We hope that the legal formalities are taken care of and the culprits are taken to the gallows as soon as possible." The convicts, who lived in Delhi, are now left with Heavy rains, waterlogging cripple Mumbai PRESS TRUST OF INDIA MUMBAI, 9 JULY Heavy monsoon rains lashed the megapolis and its neighbouring areas, flooding streets, rail tracks and crippling life in the city. Around 300 people were stuck at their homes in Vasai town of the adjoining Palghar district due to waterlogging in the area. The downpour -- the highest of the season so far in a day -- caused traffic jams as many roads and streets in Mumbai were flooded and people were seen wading through knee-deep water. Vehicles on many roads were seen crawling because of rain and low visibility, while potholes compounded the problem. Maharashtra Education MinisterVinod Tawde declared a holiday today for schools and Traffic moves along a flooded road during heavy rain showers AFP in Mumbai on Monday. colleges in Mumbai due to heavy downpour. The Mumbai University said examinations will be rescheduled for students who could not appear for it today. The issue of heavy rains and its impact also figured in the Maharashtra Legislature's proceedings today. The state government ordered an inquiry into the flooding of the state legislature complex in Nagpur after heavy rains last week. Chief Minister Devendra Fadnavis told the Legislative Assembly that the inquiry would ascertain loopholes in arrangements for the monsoon session and whether problems were deliberately left unattended. Nagpur is hosting the monsoon session of the state Legislature, but on Friday both the Assembly and the Council were adjourned for the day, shortly after convening, due to a power blackout caused by rains. NCP leader Ajit Pawar sought to know at whose insistence the session was being held in Nagpur during rains, while Leader of Opposition in the state Assembly, Radhakrishna Vikhe Patil, said taxpayers' money was wasted since the day's proceedings of the House got washed out on July 6. another legal option, seeking a relook at death sentences through a curative petition. Curative petitions are filed to challenge the death penalty on the grounds that an evidence or a legal point was not argued, violating principles of natural justice. If curative petition is also dismissed, then a mercy petition can be filed before the President of India who takes a call on the basis of the opinion given by the central government. The December 16, 2012 gangrape and murder of the 23year-old paramedic student, Nirbhaya. The crime was committed inside a moving bus in south Delhi by six drunk people. Nirbhaya and her male friend, who survived the attack, had boarded the bus. The parents of the December 16, 2012 gangrape and murder victim today said their faith in the judiciary was reinstated and they hoped to get justice after the Supreme Court dismissed the pleas of three of the four convicts in the case, seeking a review of its verdict upholding the death penalty awarded to them. Residents of the native village of 'Nirbhaya' today demanded immediate hanging of those convicted of her rape and murder, as a wave of happiness erupted after the Supreme Court dismissed review pleas filed by three out of the four convicts against death penalty in the sensational December 16, 2012 case. Union Women and Child Development Minister Maneka Gandhi also expressed satisfaction at the top court's decision to uphold the death penalty of the convicts. “I am satisfied that the Supreme Court has upheld the death sentence of the Nirbhaya case convicts. Not only this, a Madhya Pradesh court has recently awarded death sentence in a case of rape of a minor girl. “This is the first verdict after the new law came into force. The stringent measures taken by our government are working and Johnson quits as FS over May’s Chequers Brexit deal Gangster shot dead in UP jail, co-prisoner held THE INDEPENDENT BAGHPAT/LUCKNOW, 9 JULY LONDON, 9 JULY Boris Johnson has sensationally resigned from the government in protest at Theresa May’s Chequers deal, triggering the worst crisis of her premiership. No 10 announced she had “accepted” the resignation of the Foreign Secretary – just 15 hours after David Davis quit as Brexit Secretary. The second resignation came just 30 minutes before the prime minister had to face the Commons, amid the mounting anger of Leavebacking Tory MPs that the deal struck on Friday is a sell-out. It is thought that Mr Johnson was furious with briefings that he had signed up to the agreement at Chequers – despite also calling it “a turd”. Tom Watson, Labours deputy leader, said: “Theresa May’s government is in meltdown. This is complete and utter chaos. “The country is at a standstill with a divided and shambolic government. The prime minister can't deliver Brexit and has zero authority left.” Donald Tusk, the European Council president, immediately suggested the twin blow might yet force the UK to rethink leaving the EU alto- gether. “Politicians come and go but the problems they have created for people remain,” he tweeted. I can only regret that the idea of #Brexit has not left with Davis and Johnson. But...who knows?” There was also an instant response from Ruth Davidson, the Tory leader in Scotland who has clashed repeatedly with Mr Johnson. She tweeted: “The prime minister is correct to accept the Foreign Secretary's resignation.” The bookies Ladbrokes immediately rated the prime minister odds-on to be forced out of Downing Street this year – with Michael Gove, the environment secretary, favourite to replace DETAILS ON PAGE 12 her. Apex court open to live streaming of hearings PRESS TRUST OF INDIA NEW DELHI, 9 JULY Terming the proposal of live streaming of court proceedings as the “need of the hour”, the Supreme Court today agreed with the Centre's suggestion that the telecast of judicial proceedings can be undertaken and sought suggestions for taking a “holistic” view on the matter. A bench headed by Chief Justice Dipak Misra, which had asked Attorney General K K Venugopal to assist it, was suggested by the top law officer that live streaming of court proceedings would benefit all, including the litigants and the lawyers.Venugopal told the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, said in many countries, the courts have the system of live streaming the proceedings besides transcribing them. He, however, said it would not be practical to stream every case and guidelines may be laid to decide the important cases which can be telecast. Calling it the “need of the hour”, the bench took note of the suggestions of Venugopal and asked the parties to give their suggestions to him for framing comprehensive guidelines which may be later approved by it. “In India, we have an open court system till the court is converted into incamera. Where there is an open court hearing, litigants are entitled to know the progress in their case. The A bench, headed by the CJI, was suggested by the top law officer that live streaming of court proceedings would benefit all, including litigants and lawyers concept of access to justice provides that though a litigant is not in court, they are able to know what is happening in their case in the court,” the bench said. It was of the view that barring few exceptions like hearings in a rape case, the courts are already open for all and allowing live streaming of the proceedings would further establish the settled principle. “We have open courts in India. Once we have accepted the concept of an open court model, by extrapolating, we are only effectively extending the principle of an open court,” the bench said. It fixed the pleas, including the one filed by senior advocate Indira Jaising, for further hearing on July 23. Referring to the plea that such broadcast would help in disciplining the lawyers, the bench said, “each member will act as a strong deterrent for the perpetrators of such heinous crimes,” she said. As the news of the Supreme Court verdict reached there, villagers of Medawara Kalan in Ballia district distributed sweets and offered a special worship in the village temple by offering milk to the deity. Nirbhaya's grandfather Lalji Singh said if the culprits were hanged to death by now, then such monstrous incidents would not have happened, referring to repeated cases of rapes in various parts of the country. “The convicts must be immediately hanged to death,” he said. Amnesty International India said executions do not eradicate violence against women. Noting that there was no evidence to show death penalty acted as a deterrent for sexual violence, the human rights body said the government must allocate adequate resources for the effective implementation of laws, improve conviction rates and ensure certainty of justice in all cases. of the Bar must train themselves to be disciplined ...We are not being critical of the Bar. We have come here from the Bar but, how many times do lawyers seek adjournment in cases would also be known to the clients.” “A litigant is entitled to know as to how matters are dealt in the courts...,” the bench said, adding “there has to be performance (by lawyers), neither over performance nor under-performance.” Senior advocate Indira Jaising said that through live streaming, an official record of the proceedings will be maintained and it should not be allowed to be used for any commercial purpose. “Nobody should make money out of live broadcast since it is for educational purpose and for the benefit of the litigants,” she said. Earlier, the apex court had directed the Centre to file its response to pleas seeking live streaming, video recording or transcribing of judicial proceedings in courts. Jaising, in her plea, has sought live streaming of matters of constitutional and national importance. She has said that the citizens have the right to information and matters of constitutional and national importance can be live-streamed. She said in western countries, this system was in place and live streaming of court proceedings, including that of the International Court of Justice, are available on YouTube. If live streaming of the top court's proceedings is not possible, then alternately video recording should be allowed, she said. She said live streaming of Supreme Court cases of constitutional and national importance, having an impact on the public at large, will empower and provide access to citizens who cannot personally come to the court due to socio-economic constraints. Mafia don Prem Prakash Singh, alias Munna Bajrangi, was allegedly shot dead by another gangster inside a jail in Uttar Pradesh's Baghpat townonMonday,hoursbefore he was to be produced in a local court in a case of extorting money from a former BSP legislator, police said. Uttar Pradesh Chief MinisterYogi Adityanath termed the killing of 51-year-old Bajrangi, who was listed as an accused in 40 criminal cases, includingthoseofmurderand extortion, as “serious” and ordered a probe. Hours after the sensational killing, police claimedtohaverecoveredthe “murder weapon”. “Thepistolusedinthemurder was recovered from a drain,” Additional Director General (Law and Order) Anand Kumar said. As many as 10 used cartridges, two magazines and 22 live cartridges have been recovered, he added. “Three probes ~ by jail authorities, a magisterial inquiry and a judicial inquiry ~ are going on in the matter,” Deputy Inspector General (Law and Order) Praveen Kumar told reporters in Lucknow, adding that an FIR in the matter was registered by jail authorities. Bajrangi was transferred with full security fromJhansitoBaghpatjailyesterdayandwastobeproduced in a local court today in a case of demanding extortion moneyfromformerBSPMLA Lokesh Dixit in 2017, Kumar said. Bajrangi was allegedly killed by Sunil Rathi, who is also a gangster and had been in Baghpat Jail since 31 July last year, officials said. Rathi was taken into custody and PTI interrogated.
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