Jharkhand HC delivers verdicts pending for yrs within week after death row convicts moves SC
New Delhi (PTI): The Jharkhand High Court has delivered verdicts on 10 convicts, six of them on death row, all in a week, after they moved the Supreme Court complaining delay in deciding their appeals against conviction despite the verdicts having been reserved years ago.
On July 14, the top court agreed to examine the plea of the convicts and sought a response from the state government and the high court within a week.
A bench of Justices Surya Kant and Joymalya Bagchi, which took up the matter on July 21, was informed by advocate Fauzia Shakil, appearing for the convicts, that the judgment had been pronounced by the high court on different dates.
The top court noted in its order that in the case of life convicts Amit Kumar Das and Basant Kumar Mahto, their convictions and sentence had been set aside by the high court on July 16 and July 18, respectively, and while Das had been released from jail, Mahato remained behind the bars, as the judgement was not uploaded.
The bench directed the state to release Basant Kumar Mahto, subject to furnishing bail bonds.
On another life convict, Nirmal Bhengra, the bench noted that his appeal against conviction and sentence had been dismissed by the high court on July 18.
The bench directed the Member Secretary of the Jharkhand State Legal Services Authority to contact the petitioner immediately and grant him free legal aid if he is not in a position to engage private counsel, so that he could seek his remedy before the court or for remission.
It said similar recourse should be followed in case of death row convict Nitesh Sahu, whose appeal had been dismissed.
The top court noted that in the case of Sanatan Baski and Sukhlal Murmu, both death row convicts in the same case, the judgement had been delivered by the high court on July 17. Still, there was a difference of opinion, and the matter was referred to a third judge.
The bench requested the newly appointed chief justice of the Jharkhand High Court to take up these matters on his bench and try to decide them at the earliest.
It noted that in the case of three other death row convicts, the high court pronounced verdicts on July 18, and their appeals had been dismissed.
The top court asked the state legal service authority to contact convicts, Gandhi Oraon, Rohit Rai, and Bandhan Oraon, and assist them in filing an appeal in the apex court or a plea for remission before the appropriate authorities.
Similar directions were passed in the case of Pratap Sahi, a life convict, as his sentence was already suspended while the order on his appeal was pending.
Nine of 10 convicts were imprisoned in Birsa Munda Central Jail in Ranchi's Hotwar, whereas one was lodged in the Central Jail in Dumka district.
The top court, which has called for reports from all high courts where cases have been pending for years after being reserved for judgement, asked the registry to provide the reports to Shakil for collation and posted the matter for hearing on September 22.
On May 5, the top court frowned upon the high court and sought reports within a month from all high courts on cases where judgements were reserved on or before January 31.
Terming such non-pronouncement of verdicts by courts a "very disturbing issue," the top court said it will lay down some mandatory guidelines for the high courts.
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Separate nodal officer in all districts to prevent female foeticides in Karnataka: Minister
Belagavi (PTI): Accepting that the female foeticide has not stopped in the state, Karnataka Health Minister Dinesh Gundu Rao on Tuesday said that the government is taking strict measures to prevent it.
The minister said the government is appointing separate nodal officers in all districts and tightening measures to prevent foeticide, which he called a "social evil".
He also assured that the government will consider strengthening legislation to control such activities.
The minister was responding to a question by BJP MLC C T Ravi in the Legislative Council.
"Female foeticides have certainly not stopped. If you look at the sex ratio, there is a lot of difference. I accept that this is happening," Rao said.
"Foeticides are not happening under pressure; voluntarily, it is happening, for not wanting a girl child. These things are happening based on the sex determination of the foetus at some hospitals. Sex determination is illegal, but with the advancement in technology, portable ultrasound machines have been developed, which can be easily carried anywhere, and scans and tests can be done. This needs to be controlled. We will bring it to the notice of the central government," he said.
In some districts and in a few hospitals, a higher number of male child births is happening. It is found with the help of intelligence input, the minister said.
"Information is being gathered on the taluk in which the male-female ratio is worsening, what is happening in which hospital, and appropriate action is being taken to crack down on such a network, after proper evaluation."
Decoy operations have been done at seven places in the last two years, to identify those involved in illegal activities linked to female foeticides, and actions have been taken against officials and hospitals involved, he said, adding that more needs to be done on priority.
Responding to a question by Ravi about whether any stringent legislation is being brought, Rao said, the government will consider strengthening the legislation and making it stricter to control this.
"Some amendments have been made to the existing laws in the last two years....advanced technology and the internet is being used to carry out such things, also oral medicines for abortions are available over the counter.
We need to look into bringing legislation to control them. The Food and Drug Administration has issued instructions to pharmacists that the sale of such drugs should be documented."
The minister also said that measures are also being taken for the effective implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (PC & PNDT) Act, and awareness is being created against the identification of female foetuses and female foeticide.
