SC bench split over Yakub's plea, refers it to CJI

July 28, 2015

New Delhi, Jul 28: A two-judge bench of the Supreme Court today delivered a split verdict on a plea by Yakub Abdul Razak Memon, the lone death convict in 1993 Mumbai blasts case, seeking stay of his scheduled execution on July 30 and referred the matter to the Chief Justice to take call on it.

Yakub

While Justice A R Dave dismissed his plea, Justice Kurian Joseph stayed the death warrant issued on April 30 for his execution on July 30.

Attorney General Mukul Rohatgi and other senior advocates, including Raju Ramachandran, appearing for Memon, said that since the two judges have differed on staying the death warrant, "there will be no order in law if one judge has stayed it and the other has not".

The bench referred the matter to Chief Justice of India H L Dattu to take an urgent call at 4 PM in view of the divergence of opinion on the issue of death warrant.

The bench also requested the Chief Justice to constitute an appropriate bench and list the matter for hearing tomorrow.

Justice Dave dismissed the petition filed by Memon and said it will be open for the Maharashtra Governor to dispose of his mercy plea before the scheduled date of execution of death warrant.

While rejecting the petition in which Memon has contended that the correct procedure was not adopted in deciding his curative petition on July 21, Justice Dave disagreed with Justice Kurian on the issue of staying death warrant issued by the TADA court in Mumbai on April 30.

"Sorry, I will not like to be part of staying the death warant. Let CJI decide," Justice Dave said and quoted a couplet from Manu Smriti relevant to the issue.

Justice Kurian said he is expressing his inability to agree with Justice Dave as there is a "procedural violation" in deciding the curative petition filed by Memon.

Justice Kurian said once it is found that the procedure established under law is not followed while dealing with the curative petition, that too when the life of a person is concerned, and there is error apparent on the face that the mandatory process has not been followed, then such defects need to be cured.

While holding that Memon's curative petition is required to be heard afresh, Justice Kurian referred to the order dismissing his curative petition, saying, "The curative petition itself was not decided in accordance with the rules laid down by this court. That defect needs to be cured otherwise there will be a clear violation of the right to life under Article 21 of the Constitution."

Justice Kurian said the technicalities involved in dealing with the matter should not stand in the way of justice being done to a person as this court under the Constitution is for the protection of life of a person.

He said, "The technicalities should not stand in the way as the law is for common man and also law is not helpless and this court should not be rendered powerless."

He noted that Article 21 deals with the right to life of a person and same shall be deprived only in accordance with the procedure adopted by law.

"It has been noticed that the procedure by law was not followed in this case while depriving the right to life of a person," he said.

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May 2,2024

Bengaluru, May 2: Prajwal Revanna, grandson of former Prime Minister Deve Gowda, was issued fresh summons on Thursday by the Special Investigation Team (SIT) which is investigating the case of obscene videos involving the former JD(S) member, several news outlets reported.

The SIT also junked his appeal which sought seven days time to join the probe, as per these reports.

Prajwal and his father, H D Revanna, have sexual harassment and stalking cases filed against them over the matter. Gowda's son, H D Revanna, however, said that what took place '4-5 years ago' is now being turned into a legal case.

JD(S) in its core committee meeting suspended Prajwal from the party till the end of the probe. Prajwal, meanwhile, took to X to state he would join the probe in seven days time, asserting 'truth will prevail'.

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May 3,2024

Bengaluru: In a shocking revelation, a former member of Hassan Zilla Panchayat (ZP) has accused incumbent JD(S) MP Prajwal Revanna of raping her multiple times over three years and videographing the alleged crime.

A case was registered by the Criminal Investigation Department (CID) based on the statement by the 44-year-old survivor on Wednesday, May 1.

According to the First Information Report (FIR), the woman claimed that when she was a ZP member she used to visit the MLAs and MPs for various development works.

In one such instance in 2021, she met Prajwal seeking his help to get hostel seats for some female students at a local college. The woman, in her statement, said that since the MP was busy, she was asked to meet him the next day.

“The following day I visited the MP at his office and the MP's quarters in Hassan. The staff present there told me to wait on the first floor as there were many others in the hall. Prajwal spoke to some of the women waiting there, spoke with them and sent them off until I was the only one left,” the woman alleged.

As per the survivor, the MP then called her inside a room and she obliged.

“He held my hand, pulled me inside and locked the door. When I asked him why was he closing the door, he told me nothing would happen and made me sit on the bed. He said my husband should talk less and warned me of the consequences. He also said that because of my husband, his mother, Bhavani Revanna, missed the MLA ticket. He told me that if my husband wants to grow politically, I should listen to him [Prajwal],” the woman alleged.

Next, Prajwal allegedly told the woman to lie down on the bed and undress. When the woman refused and said that she would shout, Prajwal allegedly threatened her that he had a gun and warned of dire consequences for her and her husband.

The woman alleged that Prajwal took out his mobile phone and then raped her.

“He raped me and sexually assaulted me and recorded the act on his mobile phone,” the woman alleged. “He threatened to leak the video if I ever spoke about it and told me to be there whenever he wanted. After that, he used to video call me frequently, ask me to be naked during the call and raped me in multiple instances.”

The woman claimed that she was scared and did not make the incident public and chose to come forward after she learnt of the Special Investigation Team (SIT) set up by the Karnataka government to probe the alleged Hassan sex scandal.

A case was registered under Sections 376(2)(n) (commits rape repeatedly on the same woman), 506 (criminal intimidation), 354A(1)(physical contact and advances involving unwelcome and explicit sexual overtures), 354B (assault or use of criminal force to woman with intent to disrobe) and 354C (voyeurism) of the Indian Penal Code (IPC) and 66E (violation of privacy) of the Information Technology (IT) Act.

Prajwal is also accused in a sexual harassment case along with his father, Holenarasipur MLA HD Revanna, registered at the Holenarasipur police station in Hassan on April 28. 

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May 2,2024

hajjmangalore.jpg

Mangaluru: This year too, the Mangaluru International Airport has missed being designated as an embarkation point for the annual hajj pilgrimage. 

According to the Haj Committee of India, not many are choosing Mangaluru as an embarkation point. Last year, although Mangaluru was notified as one of the embarkation points, the Union government removed it from the list at the last minute.

Several associations and organisations submitted memorandums to the Haj Committee of India, requesting the reinstatement of Mangaluru as one of the embarkation points, but their efforts have not materialised this year either.

The use of Mangaluru Airport as an embarkation point for the haj began in 2010. In 2019, 1,400 haj pilgrims flew from MIA to Saudi Arabia.

“When the number is less, it is difficult to consider it. It was the same issue as last year,” reacted AP Abdullakutty, chairman of the Haj Committee of India.
Mangaluru as an embarkation point served people from undivided Dakshina Kannada, Kodagu, Shivamogga, Uttara Kannada, and Chikkamagaluru districts.
Last year, the Muslim Central Committee of Dakshina Kannada and Udupi districts submitted a memorandum to Abdullakutty. They expressed their disappointment with Abdullakutty and stated that Mangaluru had a good number of applicants ever since it was identified as an embarkation point. 
Now, they have to travel to Bengaluru. 

UT Khader, speaker of the Karnataka legislative assembly, pointed out that several Union ministries are involved in the process of designating embarkation points for the haj.

“We are not sure why MIA as an embarkation point was removed. Is it because of fewer applications, or are airlines not willing to bid for MIA as an embarkation point? Is it only an issue with MIA as an embarkation point, or are there other airports in the country facing similar issues? We will try to find out and seek answers. Meanwhile, we will also start working at the earliest so that MIA is considered as an embarkation point for hajj next year,” said Khader.

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