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Gujarat HC Directs GOG to respond on Supercop Ribeiro’s petition against Pandey as DGP

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At the second hearing of thr PIL against the Gujarat Government's controversial decision to appoint a man with serious criminal charges as top policeman in the state, thr Gujarat High Court today directed the state to seek "instructions" by the next date. The case will be now heard on June 8.

In the one week since the case filed on behalf of former Ambadsador to Romania Julio Ribeiro and argued by Rahul Sharma was heard on April 29, the GOG had not bothered to instruct its counsel.

Only yesterday a lower court in the state allowed PP Pandey to travel to the United States of  America for two months.

The petition can be read here.

Here is a brief chronology of the case.

Chronology

15.06.2004             
Four persons, including Ishrat Jahan, a 19-year-old girl named, were killed in Ahmedabad. This has been alleged to be an encounter with police officers of the Detection of Crime Branch (DCB), Ahmedabad City involved as accused. An offence, vide Ahmedabad City DCB PS I CR No. 8/ 2004, was registered against the four deceased persons.

08.06.2006             
The Investigating Officer (IO) filed a final report under section 173 of the Code of Criminal Procedure (CrPC) in the POTA Court at Ahmedabad

07.07.2006             
The POTA Court at Ahmedabad did not approve the final report and directed further investigation.

18.12.2006              
The  Gujarat Hon’ble High Court admitted Special Criminal Application No. 822 of 2004, filed by Mrs Shamima Kauser, mother of Miss Raza Ishrat Jahan, one of the deceased, stating that the police had killed her daughter in a fake encounter, and also praying for a transfer of the investigation to the CBI.

13.08.2009             
The  High Court  passed an order in the Special Criminal Application No. 822 of 2004, resulting in the constitution of a Special Investigation Team (SIT) comprising (i) Shri Pramod Kumar, ADGP, (ii) Shri Mohan Jha, Inspector General of Police (IGP), and (iii) Shri JK Bhatt, Deputy Inspector General of Police (DIGP), for further investigation of DCB PS I CR No. 8/ 2004.

07.09.2009             
SP Tamang, Metropolitan Magistrate, Court No. 1, Ahmedabad concluded the inquiry under section 176 CrPC and submitted his report to the Chief Metropolitan Magistrate , Ahmedabad. In the inquiry report, the Metropolitan Magistrate had held that the actions amounted to an extra-judicial killing and, moreover, that the concerned police officers had committed premeditated murder of the deceased persons with the motive of earning favour and appreciation of the Chief Minister.

09.09.2009     
G.L. Singhal –one of the police officers indicted –filed Criminal Miscellaneous Application No. 10624 of 2009 in the  High Court of Gujarat and tried to get a stay on the the operation of the report dated 07.09.2011 of SP Tamang, Metropolitan Magistrate, and to declare it as null and void. Simultaneously, G.L. Singhal also filed Criminal Miscellaneous Application No. 10621 of 2009 to be impleaded as a party in the proceedings of Special Criminal Application No. 822 of 2004.
The State of Gujarat also filed Criminal Miscellaneous Application No. 10625 of 2009, in Special Criminal Application No. 822 of 2004, contending that the inquiry report dated 7.9.2009 of the Metropolitan Magistrate was without jurisdiction.
After hearing these applications, the Hon’ble High Court  stayed the inquiry report dated 07.09.2009 of the Metropolitan Magistrate, and directed an inquiry against the Metropolitan Magistrate.

19.04.2010              
The Supreme Court set aside the order of the High Court order dated 09.09.2009 and requested the Chief Justice of Gujarat High Court to constitute a Division Bench for final hearing of the said matter.

12.08.2010              
The Division Bench of the  High Court heard all the petitions filed by parents of two of the deceased persons, viz. Ishrat Jahan and Javed @ Pranesh Pillai, State of Gujarat, and some police officers involved in the purported encounter, and, directed transfer of the investigation to the SIT headed by Shri RK Raghavan, which was formed by the Supreme Court for investigating some of the cases related to riots in the year 2002.

24.09.2010             
The Division Bench of the Hon’ble High Court of Gujarat reviewed it’s order dated 12.08.2010 and constituted a Special Investigation Team (SIT) for the investigation of Ahmedabad City DCB PS I CR No. 8/2004 (Ishrat Jahan Encounter Case), as per judgment and order in Criminal Miscellaneous Application No. 9832 of 2010 in Special Criminal Application No. 1850 of 2009 with Criminal Miscellaneous Application No. 10621 of 2010.

08.04.2011              
The  High Court, in the proceedings monitoring the investigation, expressed serious displeasure on a complaint that was filed against a member of the SIT in the aftermath of the seizure of concealed evidence from the State FSL on 03.03.2012. It also directed the State to transfer within a week P.P. Pandey, then ADGP CID (Intelligence), and others as per the earlier requisition of the SIT in pursuance of the directive dated 28.01.2011 of the  High Court.

21.04.2011              
The Gujarat High Court observed in the hearing of matters relating to Ishrat Jahan Encounter Case that there appeared to be State complicity in disobeying the earlier orders of the Court for transferring P.P. Pandey, now ADGP CID (Crime) and then ADGP CID (Intelligence), and others from their positions as per directions issued on 28.01.2011 by the Court.

15.07.2011              
The  High Court observed in para 11 of its order in matters regarding Ishrat Jahan Encounter Case that witnesses were being made to retract during ongoing investigation, and that “SIT shall ensure that appropriate protection is extended to the witnesses and if any requisition is made by SIT to the State for providing extra protection to the witnesses, the same shall be made available by the State Government.”

05.08.2011              
The  High Court observed in para 4, 5 and 7 of its order in Criminal Miscellaneous Application No. 10011 of 2011, which was in connection with the matters of Ishrat Jahan Encounter Case, that the contention regarding State sponsored obstruction of the investigation had considerable substance.

21.11.2011               
The High Court of Gujarat declared in the open Court the SIT’s unanimous finding that the Ishrat Jahan Encounter Case was a case of fake encounter and indicated that a fresh offence under Section 302 etc. of IPC and other applicable sections of law shall be registered against the police officers involved in the case.

01.12.2011               
Judgment and order was passed by the High Court of Gujarat in Criminal Miscellaneous Application No. 15981 of 2010, in Criminal Miscellaneous Application No. 9832 of 2010 with Special Criminal Application No.1850 of 2009, directing, inter alia, that the SIT shall file a complaint with the CBI against those responsible for the fake encounter, and that the CBI will investigate the case thereafter.

15.12.2011               
The SIT filed an FIR with the CBI, New Delhi, under Section 302 of IPC against concerned persons including P.P. Pandey, IPS, then Additional Director General of Police, CID (Crime), Gujarat State. Accordingly, CBI case bearing RC-BS1/S/2011/0005/Mumbai under sections 302, 364, 368, 346, 120-B, 201, 203, 204, 217, 218 of the IPC, and sections 25(1)(e), 27 of the Arms Act, was registered on 16.12.2011. Shri P.P. Pandey was arraigned as accused no. 3 in the FIR so registered.

02.05.2013             
Warrant u/s 70 CrPC was issued by the court of the Additional CJM, CBI court no. 2, Ahmedabad, for the arrest of P.P. Pandey, since he reported sick from duty and became untraceable since 20.04.2013 and did not comply with two notices issued under section 41-A of CrPC for remaining present before the CBI-SIT.

11.06.2013              
Writ Petition (Criminal) No. 95 of 2013, filed by the absconding accused, P.P. Pandey, in the Supreme Court of India praying for quashing the FIR of the CBI  case No RC-BS1/2011/S/0005/Mumbai, and seeking protection against his arrest, etc, was dismissed by the Hon’ble Supreme Court. Subsequently, a proclamation u/s 82 CrPC was issued against him by the Additional CJM, CBI Court No. 2, Mirzapur, Ahmedabad.

03.07.2013             
CBI filed charge-sheet against P.P. Pandey, a proclaimed offender, and others for offences punishable under sections 302, 364, 368, 346, 120-B, 201, 203, 204, 217, 218 of Indian Penal Code and 25(1)(e), 27 of Arms Act.

August 2013          
P.P. Pandey surrendered to CBI Court in Ahmedabad. Sent to police remand and then to judicial custody.

February 2015      
P.P. Pandey released on bail, and within four days of his release was reinstated by the State of Gujarat in service and posted as Additional DGP (Law and Order).

April 2015      
P.P. Pandey was not promoted as DGP when his juniors in service were promoted to the rank of DGP.

He was subsequently promoted and posted as DGP (Law and Order).

February 2016      
Shri P.P. Pandey was transferred and posted as Director, Anti Corruption Bureau.

15.04.2016      
Shri P.P. Pandey has been given additional charge of the post of DGP, Gujarat State, vide the impugned order passed by the State of Gujarat.

Outrage in Kerala over Dalit Woman Rape, NHRC Sends Notice, Two in Custody

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Image Cortesy: Reuters

Outrage in Kerala over Nirbhaya-like Dalit Woman Rape, NHRC Sends Notice, Two in Custody

Two persons have been reportedly taken into custody in connection with the rape and brutal murder of a 30-year-old Dalit woman, Jisha,  at Perumbavoor that sparked protest marches by students and rights activists across Kerala today condemning the incident.

The National Human Rights Commission has taken suo moto cognizance of media reports of the brutal rape and murder of a 30-year-old law student in the Ernakulam district of Kerala and issued a notice to Government of Kerala. Sections of the media have started a debate on whether Jisha was a Dalit or not.

After reports of the gruesome and shocking incident that took place on April 28 were reported in leading Kerala dailies, the political class responded. The crime has been dubbed "Kerala's Nirbhaya" for its chilling similarities to the gang-rape in 2012 of a young Delhi student on a moving bus. The girl later succumbed to her injuries. The Dalit woman, a law college student, hailing from a poor family was raped and brutally assaulted using sharp edged weapons before being murdered at her house at Perumbavoor in Ernakulam district on April 28. She was found dead in a pool of blood at her one room home at 8 pm on April 28 by her mother when she returned from work.

The incident occurred inside her house, neighbours had seen the victim at around 1 pm. So it might have happened after that. Police were informed after her mother saw the body around 8 pm. "As of now we have not got any evidence (pointing to an accused). It is an area where a lot of migrant labourers reside, so we are extending our enquiry to them too,".Anil Kumar, Deputy Superintendent of Police, Perumbavoor told The Deccan Herald. Jisha, a law student, lived with her mother Rajeswari on a plot of ‘purambokku’ land. At the time of the murder, the victim was alone at home as her mother had gone out to work. Hasna, a trade Union activist and Jisha’s junior in college met her mother on Monday. Her mother is inconsolable and requested all of her friends to go home and take care of themselves. She pleaded us to be safe and secure. Jisha was an introvert. She hardly mingled with anybody at college, say her friends.

Kerala State Commission for Scheduled Caste and Tribes registered a suo motu case into the incident and asked police to submit a report on the progress of the probe by May 28 while the Kerala Human Rights Commission ordered that the probe be handed over to the Crime branch. Taking suo motu cognisance of the case on the basis of media reports, state Human Rights Commission Chairman Justice J B Koshy issued a direction to the state DGP in this regard.

"Kerala is shocked by the brutal murder of a young woman. The culprits will be brought to book and the severest punishment will be ensured to those who involved into the incident," Chandy said. Condemning the crime as a 'heinous one', chairman of the state commission for scheduled castes and tribes, Justice P N Vijayakumar said he has sought formation of a Special Investigation Team to probe the incident.

"The commission suo-motu registered a case into the incident based on the reports of the vernacular and national dailies. I asked DGP to form a SIT to probe into the case. I also asked police to submit a report of the progress of the case by May 28," Justice Vijayakumar told PTI in Thiruvanathapuram.The commission also suggested that special mobile squads such as those operating in Wayanad,  Palakkad and Kasaragod be formed for the safety of SCs and STs, in all districts of the state for the security of women and children irrespective of caste barriers.

Women's rights activists and political leaders, cutting across party lines, have voiced concern against the murder which they believe was a first of its kind in the state for the sheer brutality of the crime.The brutal murder has shocked the state, with women activists and students taking to the streets, demanding justice for the woman.
Students and rights activists took out protest marches in various parts of the state condemning the incident.

Students of Kerala University at Thiruvanathapuram broke pots, considering it as the symbol of cruelty shown by society towards women, to mark their protest. Protests were also held by Law college students at Ernakulam.

State Women's Commission Chairperson K C Rosakutty said she would take all necessary steps to pressure police to nab all those behind the brutal act at the earliest.

Terming the incident as 'devilish', CPI(M) leader and Lok Sabha MP, P K Sreemathi said no other women in the state should be subjected to such a cruelty any more.
"It is one of the most brutal attacks against a woman in the state. It is the same as that had happened to the hapless Nirbhaya in Delhi. It is shocking that the public and media came to know about the incident only five days after the incident," she told PTI.

JNU Academics Sit on Solidarity Strike Condemn Administration Highhandedness

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The Jawaharlal Nehru University Teachers Association (JNUTA) observed a one day Hunger Strike on 3rd May 2016 as JNU administration has been non-responsive to the major challenges that the university is facing, including the ongoing indefinite Hunger Strike by the students.

JNUTA has expressed concern since the administration is apparently using very different yardsticks to respond to grave issues, and continuing to disregard important norms and conventions.

The JNUTA has, once again,  raised the issue of High Level Enquiry Committee (HLEC), the haste with which it was constituted and took its decisions, bypassing basic norms, including those of natural justice by the committee. Instead of bringing back normalcy, the Administration is taking steps to further escalate the situation by digging up old complaints, denying striking students access to bathroom and toilet facilities etc.

The Hunger Strike of 22 students would enter its second week soon, students are already being admitted to hospitals and if the administration chooses not to relent and does not engage with the students the situation is likely change for the worse, which is not in the best interests of the University.
 
JNUTA reiterated its demands for immediate attention:

–University administration should immediately ensure normalcy in the campus by seriously engaging with the students on hunger strike.

–Immediate action against the culprits of the Paschimabad incident of 12th February 2016.

–Withdrawal of the punishment based on HLEC Report, as credibility of HLEC remains questionable.

–Immediate assurance that the current policy of Rotation on seniority basis for appointment of Deans and Chairpersons will be continued.

–Action should be taken on the basis of HLEC Report on harassment of Dr. Burton (Warden Jhelum Hostel).

–Immediate end to intimidation of teachers and victimization of elected representatives of JNUEC and JNUTA.

–Security Establishment must be cautioned against over-enthusiasm and arbitrarily motivated interference like incident of barging in a CSLG class.

–Continuous monitoring to ensure supply of water and uninterrupted power in the campus, in the homes, hostels and academic buildings in particular.

–The University has not even taken cognizance of a “Dossier” being circulated that denigrates JNU and its various sections in the most vile and despicable manner. It urged the Vice Chancellor (VC) as the Head of the Institution to trash the contents of the Dossier in public without any delay and inquire about the authorship of such a defamatory document. JNUTA strongly condemns such reprehensible behavior from any member of JNU Community. 

Finally, JNUTA would strive relentlessly so that University remains a space where academic environment must not be dictated to be of certain kind.
 

Dalit Women Student Brutalised Before Murder: Kerala

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Silence of the ‘national media’ around the death of Kerala student, Jisha, who was beaten savagely, sexually assaulted, similar to the Delhi bus gang rape, as revealed by the post-mortem raises serious questions about media priorities and ethics

Sabrangindia had raised the issue of selective prioritization of such crimes  even related to the  mysterious death (after alleged rape) of Delta Meghwal a 17-year old Dalit student in Rajasthan

 
The post-mortem report on the death of Jisha, the 29-year-old student who was found dead at her house near Perumbavoor in Kerala on April 28, reveals that she was brutally and sexually assaulted before she died, similar to the infamous 2012 Delhi gang-rape.

According to the latest report by Malayalam newspaper, Mathrubhumi,  Jisha was beaten savagely by a stranger/s using a sharp weapon that pulled out her intestines. More than 30 injuries were found on her body. As per the autopsy report, two sides of her chest were pierced to almost two inches deep using a sharp knife. She was also struck in the genitals with an iron rod. A severe injury on her head is cited as the main reason of her death. The post-mortem report will be handed over to the police officials on Tuesday.

The investigators have remained clueless even one week after the brutal incident, which is being called as the Nirbhaya case of Kerala. The hashtag #JusticeforJisha has been trending on Facebook and many social media users have been requesting the police and the government to take proper measures to find the person, who brutally killed the student.

Jisha, a law student, was found dead by her mother Rajeswari at their house in Rayamangalam panchayat on Thursday night after she returned from her daily work. The deceased is survived by her married sister and her father, who has been living separately from the family for years.

Here are some of the comments from social media:

Vibin Thomas                                 
!!!!!!!SHAME KERALA ####…..One law student named jisha is brutally rapped and killed by a stranger at its own house at perumbavoor… Its day five after that incident…no one arrested till now…..no politicians, medias, or woman activities s there for help..only her mother was live along with jisha….jisha s harmed by sharp tools… I think its like delhi case..may be larger than that….

Pratheesh Pc
Feeling so sad to hear about Jisha brutal rape murder happened in Perumbavoor, Kerala… Wish police and authorities take proper and bring justice to us…

Anil Kumar
No excuses for rapists, hang them on the spot…# justice for jishaperumbavoor.

Remesh Nair 
A dalit girl Jisha(Law student in Kerala) was brutally raped & killed in way Kerala hv never seen. No party is interested in it.#KeralaNirbhaya
Local news channel on the incident https://www.youtube.com/watch?v=KBBteg8vyLY