Makkah Criminal Court acquits 13 defendants in Grand Mosque crane collapse

News Network
December 10, 2020

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Dubai, Dec 10: The Makkah Criminal Court on Wednesday issued a new ruling acquitting 13 defendants in the Grand Mosque Crane collapse case, including Saudi Binladin Group, Saudi media such as Okaz/Saudi Gazette reported.

In the new verdict, the court said it had found nothing new than what it had earlier ruled in the case.

It said it would send a copy of the verdict to the Court of Appeal to decide on the issue.

In an earlier verdict delivered on October 1, 2017, the Makkah Criminal Court had acquitted all the 13 defendants who were charged with negligence.

The court had said that the defendants are not criminally responsible for the incident in which 108 people lost their lives and another 238 were injured when a crane involved in the Grand Mosque expansion project collapsed on September 11, 2015.

The disaster was caused by heavy rains and thunderstorms, rather than human error or fault, the court had said in its previous judgement.

“The crane was in an upright, correct and safe position. There was no error committed by the accused, who had taken all the necessary safety precautions,” the court declared in its decision. The Attorney General challenged the decision and appealed against it.

In December 2017, however, the Appeals Court upheld the previous ruling of the Criminal Court. The Appeals Court said that the crane, though placed in a safe position, toppled due to a severe thunderstorm and violent winds. The court also directed the Criminal Court to re-examine the case.

The court issued the new verdict on Wednesday after re-examining the entire aspects of the crane crash.

As per the latest Saudi media reports, the court noted that the General Authority of Meteorology and Environmental Protection had issued a bulletin on weather conditions on the day of the accident and the day before it. The warning showed that the wind speed in the Red Sea ranged between one and 38 kilometres per hour only, and did not include warning of the weather conditions with a possibility of hurricanes.

The court noted that there was no mention in the lawsuit about the warning of the General Authority of Meteorology and Environmental Protection that this disaster would occur. The court also indicated that what happened in Makkah that day could be attached to a celestial phenomenon that was difficult to predict. As such, the defendants cannot be held culpable or the tragedy.

The Court of Appeal had stressed, in its earlier ruling, the need to clarify, define and know precisely the tasks of the safety division of the Haram expansion project. This is because the company which was implementing the project had an integrated department for monitoring weather fluctuations, which means that it was fully responsible for detecting and forecasting weather conditions and did not need to wait for meteorological reports.

The Court of Appeal also drew attention to the response of an official among the defendants that he was not informed of the outbreak of the storm on the day of the crane tragedy, as it occurred on Friday during which he was on leave. The appeals court’s remarks emphasised that none of the accused officials indicated that there was a special meteorology unit associated with the project.

The court also noted the dereliction of duty on the part of the Environmental Department affiliated to the Department of Safety and its role in collecting reports on weather conditions and preparing daily reports. The court also directed a first-grade court to examine this aspect of the incident.

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News Network
November 3,2024

Mangaluru: Deputy Chief Minister D K Shivakumar emphasized the urgent need for local job creation and a dedicated tourism policy to address communal tensions and rejuvenate the Dakshina Kannada region. 

He spoke during "Ashoka Jan-Mana," a clothing distribution event organized by Rai Estates Educational and Charitable Trust, under the leadership of MLA Ashok Rai, at Kombettu’s taluk stadium in Puttur on Saturday.

“There are challenges to communal harmony across the coastal and interior regions of Dakshina Kannada. To counter these issues, we must provide opportunities for our youth," Shivakumar stated. "The government is considering a specialized tourism policy for the coastal areas to attract more visitors and retain local talent."

Shivakumar expressed concern about a rising trend among local youth to migrate to Saudi Arabia, Mumbai, and Bengaluru due to limited job opportunities in the area. "Communal disturbances have also discouraged students from other districts from enrolling in our institutions, and several banks that originated here have closed down," he said.

Highlighting the region's potential, Shivakumar remarked, “Dakshina Kannada is home to many temples and boasts a rich coastline. Yet, despite Mangaluru having a major port, we still lack five-star hotels. Developing tourism here will be essential for creating jobs and fostering harmony.”

He also hinted at development projects proposed by Ashok Rai for Puttur, which are currently under wraps due to by-election restrictions. Assuring commitment, Shivakumar said, “Although we secured only two seats in Dakshina Kannada, we are committed to developing all constituencies in the region.”

The Deputy Chief Minister concluded with a powerful message on leadership, likening Ashok Rai to a modern embodiment of ancient virtues. “For success, one should have Dharmaraya's righteousness, Karna's generosity, Arjuna's focus, Vidura's ethics, Bhima's strength, and Krishna's strategy. Ashok Rai has all these qualities," he said, praising Rai’s dedication to the people of Dakshina Kannada.

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News Network
November 3,2024

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Bengaluru, Nov 3: In a heart-wrenching discovery, acclaimed Kannada film director Guruprasad, celebrated for his impactful films like Mata and Yeddelu Manjunatha, was found dead in a Bengaluru apartment on Sunday. 

The 52-year-old filmmaker, known for his work with deep social messages, is believed to have died two days prior in a suspected case of suicide, although authorities are still investigating to confirm the exact cause.

The decomposing body was discovered hanging from a ceiling fan in a flat in Madanayakanahalli after neighbors alerted the police due to a strong odor. Bengaluru Rural Superintendent of Police CK Baba confirmed the incident, stating that an investigation is underway. A team from the Forensic Science Laboratory (FSL) joined the police at the scene to gather evidence.

Guruprasad, a respected figure in Kannada cinema, directed thought-provoking films such as Yeradanesala and Director Special and had also appeared in small roles in more than ten films. The film industry mourns the loss of a director who used cinema as a platform for social awareness.

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News Network
November 13,2024

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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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