Temple rape: Lawyer braves threats, says it’s a fight for her daughter too

News Network
April 15, 2018

Jammu, Apr 15: Deepika Singh Rajawat, an advocate in Jammu, who faced the wrath of Hindutva politics after taking up the case of temple gang-rape, says that her fight is not just for the 8-year-old child who was raped but for all children including her daughter.

“That is my daughter. She is five years old and her name is Ashtami. I am fighting this case also for her,” says Rajawat showing the framed photograph of a chubby, smiling girl on the desk in a small room of her house in Jammu.

Within days after Rajawat took up the case of the 8-year-old Bakarwal girl who was drugged and gang-raped for a week in a temple and murdered in January, she began getting threats to stay away. Many from the Bar took to the streets — some brandishing sticks — and shouted slogans against the state government, asking that the case be transferred from the J&K police’s crime branch to the CBI.

Not one to be cowed into silence, she went on Facebook a day after the incident on April 5 and wrote: “The president of the Jammu High Court Bar Association mistreated me. He used unparliamentary language and threatened me not to appear in cases during a strike by the lawyers.”

Showing the copy of a letter she received from the Jammu & Kashmir HC on Saturday that asks the in-charge of the security wing of the court to provide her protection during her appearances, she said, “But when I confronted the senior advocate and told him that I can fight any case I want, I was told there are ways to stop me. But this letter from the high court gives me strength even though there is a corner in my heart that is a little afraid. These are powerful people.”

Rajawat had earlier also filed a complaint on the issue with the Chief Justice of J&K HC and Chief Justice of the Supreme Court. She said she was not safe and she had no idea how long the protests by the lawyers’ body would go on.

The case, in the Kootah court right now as Rasana comes under its jurisdiction, saw a dramatic turn when recently lawyers tried to stop the chargesheet, which narrates in detail the crime against the Bakarwal girl, from being forwarded.

Asked if she is confident she will win as the crime branch, which is probing the rape-murder, has lost precious forensic evidence (the girl’s body was allegedly bathed and her clothes washed soon after she was found), she said, “It’s really messed up. The first few days after the crime was detected, some dreadful things happened. The local police station did not file an FIR. That happened only after 2-3 days. On January 17, her body was found. Then the ‘clean-up’ began. It was being hushed up. The policeman who did this is one of the eight accused.”

Rajawat, who said seriousness in the “pursuit for justice” came only after the HC intervened, asked why she should support seeking a CBI probe. “Does the CBI have a spotless record? I can rattle off cases that have been botched. I am happy with what the crime branch is doing. Though there have been setbacks, we have covered some ground. There are repairs being made. Just that the case now has to be transferred to some other part of the state. That is our only hope.”

Comments

angel of death
 - 
Monday, 16 Apr 2018

Great lady, i really appricate for your courage.. today is 8 year old muslim child tomorrow may be all indian child... so wake up all coward hindus... your religion has been hijaked by so called chutiya ram bakth & dickless desh bakth...before they come to your house asking for your daughter wake up... 

fabeen
 - 
Sunday, 15 Apr 2018

Please stand with this brave women lawer...we salute you sister....

A Father
 - 
Sunday, 15 Apr 2018

Dear Advocate, 

 

I salute you for the cause you are fighting.

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News Network
November 26,2024

cmibrahim.jpg

Former minister and ex-MLC C M Ibrahim claimed that he still heads the original JD(S) and asked former prime minister and party supremo H D Deve Gowda to cut ties with the BJP, so that the party can be strengthened again. He also said options are being explored to either strengthen the JD(S) or to float a new regional party.

He was speaking to media persons, in Mysuru, on Monday, after meeting JD(S) MLA and former minister G T Deve Gowda, who has expressed his displeasure that he has been sidelined in the party and the party leaders have indicated his retirement from politics.

He stated, “If Deve Gowda had joined the Congress, during the last Assembly election, he would have been a minister now. We retained him in the JD(S), to strengthen the party. Now, efforts are being made to strangulate Deve Gowda’s political career. I have discussed all matters with Deve Gowda. In two days, I will start a Karnataka state tour and meet some leaders. After that, I will meet Deve Gowda again, and then decide on the further course of action.”

Ibrahim said, “The original JD(S) is ours. I am still its state president. All documents and accounts are in our name. Even now, if Deve Gowda leaves BJP’s company and returns, we will build the JD(S) again”.

“Union Minister H D Kumaraswamy should mend his ways and stop making JD(S) into a family-owned company. The JD(S)’s situation has become hopeless. Its love for the BJP is over. He should understand this,” he said.

“When I was with Kumaraswamy, he spent just Rs 4 crore in Channapatna and won by 20,000 votes. Now, without me, he spent Rs 150 crore and still lost by 25,000 votes. Without Muslims’ support, the JD(S) cannot win a single seat. Now, it is proved that 19 MLAs of the JD(S) won in 2023, because of Muslims,” he added.

Speaking on other options available, Ibrahim said, “We have not yet decided to go with the Congress. We are only considering to establish a third front. Whether it is founding a new regional party, forming a third front, or strengthening the JD(S), will be decided shortly.”

Earlier during the day, before meeting Deve Gowda, Ibrahim had said, that 12 to 13 JD(S) MLAs were dissatisfied with the party, but like Deve Gowda, were enduring pain.

“Now, I have started the task of uniting them. I as the JD(S) state president, it is my responsibility to address our MLAs’ grievances. At present, the JD(S) is on fire and all JD(S) MLAs want to protect their respective constituency. Hence, they have started speaking one by one,” he said.

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News Network
November 13,2024

buldozerjustice.jpg

New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 13,2024

buldozerjustice.jpg

New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

Comments

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