Mumbai: Dog owner gets 3-month imprisonment 12 years after canine bit man
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Mumbai (PTI): A court here has sentenced a businessman to three months' simple imprisonment, 12 years after his pet Rottweiler dog bit a man, observing if reasonable care is not taken while going out with such an aggressive canine, then it is "certainly harmful for the public".
In such types of cases where there is a question of public safety, "leniency is unwarranted", Metropolitan magistrate, Girgaon court, N A Patel, said in the order passed on January 3.
The court found the dog owner, Cyrus Percy Hormusji (44), guilty of offences under Indian Penal Code Sections 289 (negligent conduct with respect to animal) and 337 (causing hurt by act endangering life or personal safety of others).
The detailed order was available on Sunday.
The incident took place in May 2010 when the the victim, Kersi Irani, and Hormusji were arguing over a property dispute while standing near the latter's car at Nepean Sea Road in Mumbai.
Hormusji's pet dog was inside the car and trying to get out of the vehicle.
In spite of the request to not open the car door, the accused (Hormusji) opened it due to which the dog came out and directly attacked the informant (Irani), the prosecution said.
The canine bit Irani twice on his right leg and once on his right hand, it added.
The court in its order held the accused was aware this dog is of a "very aggressive breed".
"Therefore, reasonable care was expected from him. The age of the informant is 72 years, at such an old age the strong and aggressive dog attacked him and took three bites," the court said.
"When the person like the accused, who is a grown up man, was going in the public place with such an aggressive dog, if reasonable care is not taken then certainly it is harmful for the public," the magistrate observed.
Rottweiler dogs are famous "for being powerful and having forceful bite," the court noted.
They are capable of generating a bite of up to 328 PSI (pound per square inch). They are one of the strongest breeds of dogs, it added.
The accused was the owner of the said dog. Therefore, he was certainly having knowledge about the aggression of said dog, the court said.
"In spite of that he has not taken sufficient care or order therewith to guard against public danger to human life. Therefore, he has committed the offence punishable under Section 289 of the IPC," it said.
The act of the accused was not intentional but negligent and therefore, he has committed the offence punishable under IPC section 337, it further said.
The court sentenced the accused to three months' simple imprisonment, saying in such types of cases where there is a question of public safety, "leniency is unwarranted".
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US vetoes Palestinian bid to gain statehood at the United Nations
United Nations, Apr 19: The US has vetoed a resolution in the UN Security Council on the latest Palestinian bid to be granted full membership of the United Nations, an outcome lauded by Israel but criticised by Palestine as “unfair, immoral, and unjustified".
The 15-nation Council voted on a draft resolution Thursday that would have recommended to the 193-member UN General Assembly “that the State of Palestine be admitted to membership in the United Nations.”
The resolution got 12 votes in its favour, with Switzerland and the UK abstaining and the US casting its veto.
To be adopted, the draft resolution required at least nine Council members voting in its favour, with no vetoes by any of its five permanent members - China, France, Russia, the United Kingdom and the United States.
Palestinian attempts for recognition as a full member state began in 2011. Palestine is currently a non-member observer state, a status that was granted in November 2012 by the UN General Assembly.
This status allows Palestine to participate in proceedings of the world body but it cannot vote on resolutions. The only other non-member Observer State at the UN is the Holy See, representing the Vatican.
Israel’s Foreign Minister Israel Katz praised the US for vetoing what he called a “shameful proposal.”
“The proposal to recognise a Palestinian state, more than 6 months after the largest massacre of Jews since the Holocaust and after the sexual crimes and other atrocities committed by Hamas terrorists was a reward for terrorism”, Katz wrote on X, after the US veto.
US Ambassador Robert Wood, Alternative Representative for Special Political Affairs, said in the explanation of the vote at the Security Council meeting on Palestinian membership that Washington continues to strongly support a two-state solution.
“It remains the US view that the most expeditious path toward statehood for the Palestinian people is through direct negotiations between Israel and the Palestinian Authority with the support of the United States and other partners,” he said.
“This vote does not reflect opposition to Palestinian statehood, but instead is an acknowledgement that it will only come from direct negotiations between the parties.”
Wood said there are “unresolved questions” as to whether Palestine meets the criteria to be considered a State.
“We have long called on the Palestinian Authority to undertake necessary reforms to help establish the attributes of readiness for statehood and note that Hamas - a terrorist organisation - is currently exerting power and influence in Gaza, an integral part of the state envisioned in this resolution,” he said, adding that “For these reasons, the United States voted “no” on this Security Council resolution.”
Wood noted that since the October 7 attacks last year against Israel by Hamas, US President Joe Biden has been clear that sustainable peace in the region can only be achieved through a two-state solution, with Israel’s security guaranteed.
"There is no other path that guarantees Israel’s security and future as a democratic Jewish state. There is no other path that guarantees Palestinians can live in peace and with dignity in a state of their own. And there is no other path that leads to regional integration between Israel and all its Arab neighbours, including Saudi Arabia,” he said.
The Palestinian Authority President, Mahmoud Abbas, sharply criticised the US veto, saying that it was “unfair, immoral, and unjustified, and defies the will of the international community, which strongly supports the State of Palestine obtaining full membership in the United Nations.”
Riyad Mansour, Permanent Observer of the State of Palestine, said that “our right to self-determination has never once been subject to bargaining or negotiation.
“Our right to self-determination is a natural right, a historic right, a legal right. A right to live in our homeland Palestine as an independent state that is free and that is sovereign. Our right to self-determination is inalienable...,” he said.
Getting emotional and choking up as he made the remarks, Mansour said that a majority of the Council members “have risen to the level of this historic moment” and have stood “on the side of justice, freedom and hope.”
He asserted that Palestine’s admission as a full member of the UN is an “investment in peace.”
On April 2, 2024, Palestine again sent a letter to UN Secretary-General Antonio Guterres requesting that its application for full UN membership be considered again.
For a State to be granted full UN membership, its application must be approved both by the Security Council and the General Assembly, where a two-thirds majority of the members present and voting is required for the State to be admitted as a full member.
Earlier in the day, Guterres, in his remarks to a Council meeting on the Middle East, warned that the region is on a “knife edge”.
“Recent escalations make it even more important to support good-faith efforts to find lasting peace between Israel and a fully independent, viable and sovereign Palestinian state,” Guterres said.
“Failure to make progress towards a two-state solution will only increase volatility and risk for hundreds of millions of people across the region, who will continue to live under the constant threat of violence,” he said.
The UN, citing the Ministry of Health in Gaza, said that between October 7 last year and April 17, at least 33,899 Palestinians have been killed in Gaza and 76,664 Palestinians injured. Over 1,200 Israelis and foreign nationals, including 33 children, have been killed in Israel, the vast majority on October 7.
As of April 17, Israeli authorities estimate that 133 Israelis and foreign nationals remain captive in Gaza, including fatalities whose bodies are withheld.
