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Court Restrains Jayalalitha On Release Of Rajiv’s Killers

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Court Restrains Jayalalitha On Release Of Rajiv's Killers

Court Restrains Jayalalitha On Release Of Rajiv’s Killers

New Delhi: India’s Supreme Court Thursday blocked the Tamil Nadu government’s order to release of seven convicts in the Rajiv Gandhi assassination case.

Although its order to the Tamil Nadu government covered only three convicts whose death sentence was commuted to life imprisonment Feb 18, it would apply to the other four as well as the court said it was examining the larger issue of procedural lapse.

Solicitor General Mohan Prasaran said the central government’s application named only three convicts but other four too would be impacted by the order.

Ordering status quo, a bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana said it would examine the procedural lapses in the Tamil Nadu government’s decision to release within three days the three convicts along with four others in the case.

Justice Sathasivam said: “When death sentence is commuted to life imprisonment, then the state has to give special reasons for granting remission.”

While issuing notice to the Tamil Nadu government, V. Sriharan alias Murugan and T. Suthendraraja alias Santhan (Sri Lankans) and A.G. Perarivalan alias Arivu (Indian), the court said: “Till such date, both parties are directed to maintain status quo.”

On Wednesday, Tamil Nadu Chief Minister J. Jayalalitha ordered the release of the seven, including three Indian and four Sri Lankan Tamils, convicted in the 1991 assassination of Rajiv Gandhi.

The other four convicts are Robert Payas and Jayakumar (Sri Lankans) as well as Nalini and Ravichandran (Indians).

A Tamil Tiger woman suicide bomber strapped with explosives assassinated Gandhi at an election rally near Chennai May 21, 1991. The suicide bomber was among the some 15 people who also died in the explosion.

A year later, India outlawed the Liberation Tigers of Tamil Eelam (LTTE), which was eventually crushed by the Sri Lankan military in 2009, ending a quarter century long separatist conflict in the island.

The court order Thursday came as Prasaran said the decision to free the convicts could not be taken without the approval of the central government whose investigating agency probed the assassination leading to their conviction.

Describing the Tamil Nadu decision as a blatant violation of law, Prasaran said under section 432(7) of the Code of Criminal Procedure, the central government was the competent government for grant of remission of sentence in the Gandhi assassination case.

Noting the pace of events, Chief Justice Sathasivam said their judgment commuting the death sentence of three was delivered Tuesday morning, while the decision to free them was taken Wednesday morning.

“We are not expressing any view. We are now concerned with procedural lapse,” the court said.

Justice Sathasivam said the requirement of section 433-A of the Code of Criminal Procedure stood satisfied but other procedural requirements under Section 432 were not met.

Section 433-A says a life term convict should have undergone 14 years sentence before being eligible for remission of sentence.

The chief justice said life imprisonment means end of one’s life, subject to any remission granted by the appropriate government under section 432 of the Code of Criminal Procedure which is subject to procedural checks.

Opposing the central government, the Tamil Nadu government said the order of status quo would be premature and no final decision had been taken on the grant of remission to the seven convicts.

The recommendation of the state government was before the central government, the Tamil Nadu government said. The court listed the matter for March 6.

Rahul Gandhi on Wednesday said he was saddened that all the seven convicts in the Rajiv Gandhi assassination case were being set free by the Tamil Nadu government, a decision condemned by Congress as “irresponsible, perverse and populist”.

As he came out against the Jayalalithaa government’s decision on the assassins of his father, the Congress vice president also asked that what should the common man expect when the Prime Minister’s killers are being freed.

The views of the Congress were endorsed by the Union government with the minister of state for home RPN Singh describing the decision as “wrong and extremely unfortunate”. The Congress also insisted that there is a fundamental difference between commutation of a sentence and release or remission.

Rahul, who was 21 when his father was killed by a suicide bomber at an election rally in Sriperumbedur, near Chennai, on May 21, 1991, at the same time said he was not in favour of death penalty.

Rahul said that if a Prime Minister who sacrificed his life for the nation does not get justice how will a common man get justice, a remark which struck a chord with the gathering at Purab village here in Jagdishpur in Uttar Pradesh. “If some person kills the PM and is released then how will a common man will get justice. It’s a point to ponder,” he said, as the gathering gave a round of applause.

“In this country even the PM does not get justice. This is my heart’s voice,” he said.

Rahul said he does not believe in capital punishment as it won’t bring his father back. “I don’t believe in capital punishment as it won’t bring my father back. But it is not just a matter of my father or the family, it is the matter of the country,” he added.

SOUTH ASIA

Pakistani Anti-graft body wants travel ban on Nawaz Sharif, kin

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Nawaz sharif

Pakistan’s anti-corruption watchdog has asked authorities to place ousted premier Nawaz Sharif, his daughter and son-in-law on the Exit Control List to prevent them from leaving the country.

The National Accountability Bureau (NAB) sent a formal request to the ministry of interior. The interior ministry officials confirmed that the NAB wrote that names of Sharif, his daughter Maryam Nawaz and son-in-law Capt (retd) Muhammad Safdar should be put on the Exit Control List (ECL), which listed individuals not allowed to leave Pakistan.

The NAB argued that as the trial of the three nears its conclusion, it is feared that they would leave the country.

Earlier, a similar request to place name of finance minister Ishaq Dar on ECL was not accepted, allowing him to go to London and never return.

Sharif, 68, and his family this week filed an application with the accountability court seeking a fortnight’s exemption from personal appearance from February 19 onwards to let them go to London to see Sharif’s ailing wife. Three cases were filed against Sharif and his family last year, including Avenfield properties, Azizia & Hill Metal Establishment, and Flagship Investments.

Maryam and Safdar are accused only in Avenfield properties case. The NAB had filed two supplementary references against Sharif, his sons Hasan and Hussain regarding Al-Azizia Steel Mills & Hill Metal Establishment and Flagship Investment cases.

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SOUTH ASIA

Pakistan “breaches obligations’ on nuclear arms reduction, UN court told

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The Hague: Pakistan is violating its “obligations” to the international community by failing to reduce its nuclear arsenal, the Marshall Islands told the UN’s highest court on Tuesday.

The small Pacific Island nation is this week launching three unusual cases against India, Pakistan and Britain before the International Court of Justice.

Majuro wants to put a new spotlight on the global nuclear threat, its lawyers said yesterday, by using its own experience with massive US-led nuclear tests in the 1940s and 1950s.

“Pakistan is in breach of its obligations owed to the international community as a whole,” when it comes to reducing its nuclear stockpile, said Nicholas Grief, one of the island nation’s lawyers.

Islamabad and its nuclear-armed neighbour India “continue to engage in a quantitative build-up and a qualitative improvement” of their atomic stockpiles, added Tony deBrum, a Marshallese government minister.

DeBrum warned that even a “limited nuclear war” involving the two countries would “threaten the existence” of his island nation people.

Pakistan and India have fought three wars since independence from Britain in 1947, two of them over the disputed Himalayan territory of Kashmir.

In 1998, the rival neighbours both demonstrated nuclear weapons capability.

The ICJ’s judges are holding hearings for the next week and a half to decide whether it is competent to hear the lawsuits brought against India and Pakistan — neither of which have signed the 1968 nuclear Non-Proliferation Treaty (NPT).

A third hearing against Britain — which has signed the NPT — scheduled to start on Wednesday will be devoted to “preliminary objections” raised by London.

The Marshalls initially sought to bring a case against nine countries it said possessed nuclear arms: Britain, China, France, India, Israel, North Korea, Pakistan, Russia and the United States.
Israel has never admitted to having nuclear weapons.

But the Hague-based ICJ, set up in 1945 to rule in disputes between states, has only admitted three cases against Britain, India and Pakistan, because they have accepted the ICJ’s compulsory jurisdiction.

Pakistan’s lawyers did not attend Tuesday’s hearings.

It did however file a counter-claim against Majuro’s allegations saying “the court has no jurisdiction to deal with the application” and insisting that the case is “not admissible”, said ICJ President Ronny Abraham.

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SOUTH ASIA

Bangladesh to drop Islam as official religion following attacks on Hindus

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Bangladesh to drop Islam as official religion following attacks on Hindus

New Delhi: Bangladesh is likely to drop Islam as its official religion following a series of attacks on people from other faiths in the country. The country’s Supreme Court is hearing a plea challenging the status of the official religion of the country to Islam.

Bangladesh, which was declared a secular country after its formation in 1971, was declared an Islamic country following a constitutional amendment in 1988.

According to a report in the Daily Mail, the plea has challenged the declaration of Islam as the national religion of the country.

The move is being supported by leaders from the minority communities like Hindus, Christians and Muslim minority Shiites.

Bangladesh has 90 per cent of Muslims, 8 per cent Hindus and remaining constitutes Christians and Muslim minority Shiites.

In last month, a Hindu priest was hacked to death following an attack on a temple in Panchgarh district. Two others were seriously injured in the attack. There have been several lethal attacks on writers and bloggers.

According to a report in the Independent, Islamist groups Jumatul Mujahedeen Bangladesh and Ansarullah Bangla Team are believed to have carried out at least seven attacks on foreign and minority people in Bangladesh in the past year.

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