SC grants bail to ex-cop Pradeep Sharma in 2006 fake encounter case
New Delhi, May 11: The Supreme Court has granted bail to former Mumbai Police officer Pradeep Sharma, awarded life sentence in the 2006 fake encounter killing case of gangster Ramnarayan Gupta alias Lakkhan Bhaiya..
A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra, while passing the order on Friday, noted the submission of the lawyer for the Maharashtra government that the state had no objection to the court granting bail to Sharma.
Senior advocates Mukul Rohatgi and Sidharth Luthra appeared for Sharma, while senior advocate R Basant represented the complainant and opposed the former officer's bail application.
The top court had earlier on April 8 said he need not surrender till further orders to undergo the life sentence awarded to him in the case.
While admitting Sharma's appeal against the March 19 Bombay High Court verdict, the bench had said, "It is a case of reversal of acquittal by the high court, where the appeal is filed by the appellant. The statutory appeal is admitted for hearing. Issue notice on bail plea. The high court has directed him for surrender in three weeks. Till the next date of hearing, he need not surrender."
Sharma, who along with the likes of Daya Nayak, Vijay Salaskar and Ravindra Angre was part of a dreaded squad of Mumbai police that took on the city's underworld in the 1990s and 2000s and killed scores of alleged criminals, has challenged the Bombay High Court order which sentenced him to life imprisonment in the fake encounter killing of Ramnarayan Gupta, an alleged close aide of gangster Chhota Rajan.
On March 19, the high court had upheld the conviction and life sentence imposed on 13 other accused-12 former policemen and a civilian.
It said the "protectors/guardians of law cannot be permitted to act as criminals in uniform and if this is permitted then it would lead to anarchy".
The court noted that the prosecution has proved beyond reasonable doubt the abduction, wrongful confinement and killing of Gupta in a fake encounter with "credible, cogent and legally admissible evidence".
It, however, quashed the 2013 judgement passed by a sessions court acquitting Sharma due to the lack of evidence and termed it "perverse and unsustainable".
The high court had convicted Sharma of all charges, including criminal conspiracy, murder, kidnapping and wrongful confinement, and sentenced him to life imprisonment.
Sharma is also an accused in the of killing of businessman Mansukh Hiren to whom the SUV used in the Antilia bomb scare case was traced. Hiren had, however, reported to police that the vehicle had been stolen days before the incident. His body was found floating in a creek off a Mumbai suburb a few days after the incident.
On November 11, 2006, a police team picked up Ramnarayan Gupta alias Lakkhan Bhaiya from Vashi in Navi Mumbai along with his friend Anil Bheda, and killed him in a staged encounter near Versova in western Mumbai the same evening.
Gupta's associate Anil Bheda was released from custody in December 2006.
However, in July 2011, a few days before he was scheduled to depose in court, Bheda was also allegedly abducted and killed. The state CID is probing the case.
Taking note of Bheda's case, the high court had said till date, the CID has not taken any steps to conclude the investigation and trace the perpetrators.
Twenty-two individuals, including 13 policemen, were initially charged in the Ramnarayan Gupta fake encounter killing case.
Following a trial, the sessions court in 2013 found 21 of the accused guilty and sentenced them to life imprisonment. Two of the convicted individuals died while in custody.
Those convicted filed appeals in the high court, while Gupta's brother Ramprasad appealed against Sharma's acquittal.
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Iran offers to reopen Strait of Hormuz if US lifts its blockade and the war ends: officials
Cairo (AP): Iran has offered to end its chokehold on the Strait of Hormuz in exchange for the US lifting its blockade on the country and an end to the war, while proposing that discussions on the larger question of its nuclear programme would come in a later phase, two regional officials said Monday.
US President Donald Trump seems unlikely to accept the offer, which was passed to the Americans by Pakistan and would leave unresolved the disagreements that led the US and Israel to go to war on February 28.
With a fragile ceasefire in place, the US and Iran are locked in a standoff over the strait, through which a fifth of the world's traded oil and gas passes in peacetime. The US blockade is designed to prevent Iran from selling its oil, depriving it of crucial revenue while also potentially creating a situation where Tehran has to shut off production because it has nowhere to store the oil.
The strait's closure, meanwhile, has put pressure on Trump, as oil and gasoline prices have skyrocketed ahead of crucial midterm elections, and it has pressured his Gulf allies, which use the waterway to export their oil and gas.
The closure has also had far-reaching effects throughout the world economy, raising the price of fertilizer, food and other basic goods.
The proposal would push off negotiations on Iran's nuclear programme to a later date. Trump said one of the major reasons he went to war was to deny Iran the ability to develop nuclear weapons.
The two officials, who had knowledge of the proposal, spoke on condition of anonymity to discuss the closed-door negotiations between Iranian and Pakistani officials this weekend. The Axios news outlet first reported Iran's proposal.
It came as Iran's foreign minister visited Russia, which has long been a key backer of Tehran. It's unclear what, if any, assistance Moscow might offer now.
Strait of Hormuz remains blocked
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Iran's ability to choke off traffic in the Strait of Hormuz, the narrow mouth of the Persian Gulf, has proved one of its biggest strategic advantages in a war that has often boiled down to which side can take more pain.
Oil prices have risen steadily since the war began and tankers full of crude became stranded in the Persian Gulf, unable to safely transit through the strait and reach global distribution points.
On Monday, the spot price of Brent crude, the international standard, was trading at around $108 per barrel, nearly 50 per cent higher than when the war began.
Iranian foreign minister holds talks as negotiations with US stall
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Trump last week indefinitely extended the ceasefire the US and Iran agreed to on April 7 that has largely halted fighting. But a permanent settlement remains elusive in the war that has killed thousands of people.
Iran's state-run IRNA news agency said Foreign Minister Abbas Araghchi landed in St. Petersburg on Monday morning ahead of a meeting with Russian President Vladimir Putin.
“It is a good opportunity for us to consult with our Russian friends about the developments that have occurred in relation to the war during this period and what is happening now,” Araghchi said in a video interview posted by IRNA.
It comes as Pakistan has been seeking to revive stalled talks between Iran and the US, and negotiations had been expected in Islamabad over the weekend. Instead, Trump called off a trip by his envoys and suggested the talks could take place by phone instead.
Over the weekend, Araghchi made two stops in Pakistan and a visit to Oman, which shares the strait with Iran. He also spoke by phone with counterparts in Qatar and Saudi Arabia on Sunday.
Iran wants to persuade Oman to support a mechanism to collect tolls from vessels passing through the strait, according to a regional official who spoke on condition of anonymity because he was not authorised to discuss the matter.
Oman's response wasn't immediately clear.
The official, who is involved in mediation efforts, also said Iran insisted on ending the US blockade before new talks and that Pakistan-led mediators are trying to bridge significant gaps between the countries.
Trump says Iran has offered a much better proposal
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Trump told journalists Saturday that after he called off a trip by his envoys to Pakistan, Iran sent a “much better” proposal.
He did not elaborate but stressed that one of his conditions is that Iran “will not have a nuclear weapon”.
Iran insists its programme is peaceful, but the US wants to remove Tehran's stockpile of highly enriched uranium, which could be used to build a bomb, should Tehran choose to pursue one.
Since the war began, at least 3,375 people have been killed in Iran and at least 2,509 people in Lebanon, where fighting between Israel and the Iran-backed Hezbollah militant group resumed two days after the Iran war started. Another 23 people have been killed in Israel and more than a dozen in Gulf Arab states. Fifteen Israeli soldiers in Lebanon, 13 US service members in the region and six UN peacekeepers in southern Lebanon have been killed.
The ceasefire between Israel and Hezbollah has been extended by three weeks. Hezbollah has not participated in the Washington-brokered diplomacy.
