Delhi gang rape: India Gate turns into a battleground

December 24, 2012

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New Delhi, December 24: A month before the Republic turns up at India Gate, with all its pomp and glory, people incensed by its attempt to silence their voice marched all over the place, making a bonfire of the wooden barricades that keep them off Rajpath. The mild ones who advocated peace and didn't wish to stoke the fire were soon running for cover as the heavy hand of the state descended on them with round after round of tear gas and lathicharges.

Soon, India Gate was resembling a battleground with fires burning here and there, water on the ground and smoke in the air. But blood and bruises didn't deter the protesters and some of them were back at India Gate by nightfall, setting the stage for another day of uncertainty and confrontation on Monday.

What began as a peaceful protest on a misty Sunday morning gathered storm as the day progressed, ending with a massive clean-up operation by Delhi Police with tear gas, water cannons and lathicharge. There was chaos, anger and confusion as around 10,000 protesters and several cops clashed repeatedly. Police lathicharged the crowd at least 10 times, injuring 65 people (many more didn't report at hospitals). And finally, around 5.30pm, they just went berserk - the policemen and the Rapid Action Force rained lathi blows on everyone coming in their way, including protesters, mediapersons and even families out for a walk.

At least 250 tear gas shells were lobbed and water cannons used as cops chased the protesters all the way from India Gate to ITO, Mandi House and Pragati Maidan. Delhi Police officers said the protest, which was peaceful on Saturday, had been hijacked by some political elements and hooligans who threw stones at regular intervals. Around 78 policemen were injured, including one constable identified as Subhash Tomar who is reported to be critical. Officials said he was beaten up by the violent protestors and is now on ventilator support.

The drama began early in the morning as the protesters began to assemble around 8am. The cops imposed prohibitory orders under section 144 of CrPC in all of New Delhi area and tried sending the protesters to Jantar Mantar and Ramlila Maidan by dragging and pushing them into buses. However, many protesters successfully resisted this and the crowd steadily swelled. Parallel protests took place at 10 Janpath and Jantar Mantar. Even as Metro stations were closed down and barricades put up, people continued to pour into India Gate by walking long distances.

The cops had blocked all access routes early in the morning but there was no stopping the people. Unable to deal with a growing crowd that repeatedly made attempts to breach security, the cops fired tear gas and lathicharged the protesters repeatedly even as the agitators vandalised public property. The protesters were also lathicharged at Jantar Mantar, Rail Bhawan and Mansingh Road.

While a group of JNU students marched into India Gate from Nizamuddin around 11am, other groups made their way in from Ashoka Road. A large group of protesters blocked all traffic on the India Gate C-hexagon near Hyderabad House until cops removed them. Some rowdy elements in this group jumped on top of a police vehicle, breaking the windows and hammering the bonnet with sticks, even as others pleaded with them to stop, horrified. Some protesters gheraoed MP Sandeep Dikshit's car and chased him before he was escorted into the barricaded area of Rajpath.

A few protesters from the youth wing of left parties also tried making their way to Rashtrapati Bhavan through Rafi Marg. Around 200 youngsters, along with Brinda Karat, were forcefully pushed back near Rail Bhavan when the cops used their lathis and sprayed water to disperse the protesters around 12.30pm. But this did not deter the crowds. Women rights group like National Federation of India Women tried yet again to breach security leading to a second lathicharge within an hour.

"They think they will remove us from here but we will not go," said Sheela from Trilokpuri, who along with other women sat on the road causing the traffic to come to a standstill. After this these protesters started to make their way to Ashoka Road which was already reeling under a riot-like situation.

The violence sharply escalated around 5.15pm, with the protesters pelting stones at the police and burning barricades and machans. A Delhi Doordarshan SX4 vehicle was turned over and damaged by an angry mob. Around 5.30pm, Delhi Police ordered a lathicharge and evacuation of people from India Gate.

For the next one hour, the police went on the rampage, hitting anyone in sight, lobbing more than 200 tear gas shells and using water cannons. The protesters, who moved to the roads connecting the India Gate circle, damaged more than 50 vehicles, including 12 DTC buses, and set many vehicles, including a dozen PCR vans and some private vehicles, on fire. Even moving buses with passengers inside were pelted with stones.

Minutes before the lathicharge, special commissioner of police (law and order) Dharmendra Kumar blamed 'hooligans' for the violence, claiming that unruly elements had 'hijacked' the peaceful demonstration. Delhi Police in its report to the Union home ministry said that some 'vested interests' had joined the protesters and were instigating them.

Kumar disclosed that a former chief justice of India will constitute the commission of inquiry which will go into the gangrape incident, lapses by the police and measures to be taken to ensure safety of women in Delhi and other parts of the country.

Kumar also said that if the protesters remained peaceful, the police was willing to take a delegation to the home minister. "What is the purpose of this lawlessness? People should calm down and allow police to work," he added.


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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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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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