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Gauhati HC grants bail to rape-accused IIT student, says hes states ‘future asset’

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The Gauhati High Court has granted bail to a IIT student, accused of raping a fellow student, while saying that both of them are states future assets. The boy is a student of BTech at IIT Guwahati.

The complainant is a second-year of chemical engineering at IIT-Guwahati. She alleged that the accused lured her to the premises of a school on the pretext of discussing her responsibilities as the joint secretary of the Finance and Economic Club at the institute. She alleged that the accused made her unconscious by forcibly administering alcohol, and then raped her.

Justice Ajit Borthakur, in an order dated August 13, said that there was a clear prima facie case as alleged by the complainant. However, the judge noted that the investigation in the case has been completed.

The order read: Both the informant/victim girl and the accused are the state’s future assets being talented students pursuing technical courses at the IIT Guwahati. Continuation of detention of the accused, if charges are framed, may not be necessary.

The order further stated: A perusal of the list of witnesses too, cited in the charge-sheet, this Court finds no possibility of the accused tampering with their evidence or influencing them directly or indirectly, if released on bail.

The court also said: It is pertinent to be mentioned that it is judicially well settled that while dealing with a bail application, the Court is not called upon to discuss the merits or demerits of the evidence available against the accused. But some reasons for prima facie concluding while bail is being granted need to be indicated in brief.

 
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Karnataka High Court says wearing hijab non-essential practice in Islam; upholds ban

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Radhika Dhawad | Bengaluru

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Representational image

The Karnataka High Court on Tuesday upheld hijab ban by dismissing petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside classrooms.


The court upheld the state government ban by saying, The prescription of school uniforms is a reasonable restriction.


The court further said hijab was not an essential religious practice in Islam. However, the petitioners are likely to challenge the ban in the Supreme Court.


“Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution,” lawyer Anas Tanwir wrote in a tweet.

The court was answering three key questions on the controversy namely:
1. Whether wearing hijab is an essential religious practice in Islamic faith protected under Article 25?
2. Whether prescription of school uniform is violative of rights
3. Whether government order on February 5 was issued without application of mind and manifestly arbitrary?


A three judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi delivered their verdict on the ongoing hijab controversy at 10.30 am today.


Ahead of the hijab row verdict, Section 144 was imposed in Bangalore and educational institutions remained closed.

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SC grants bail to Rajiv Gandhi’s assassination convict AG Perarivalan jailed for 32 years

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Radhika Dhawad | New Delhi

Rajiv Gandhi

Rajiv Gandhi

The Supreme Court, on Wednesday afternoon, granted bail to AG Perarivala, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case.


However, the remission of his life imprisonment is pending before the President of India. AG Perarivala was serving life sentence and was jailed for almost 32 years.


As per the SC order, Perarivalan would have to follow the conditions of release and would have to report before the local police officer every month. 

Granting him bail, the court, in its order, said: Since Perarivalan has already undergone sentence for more than 30 years, we are of the considered view that he is entitled to bail in spite of the vehement opposition by the Additional Solicitor General Additional KM Nataraj.
On May 21, 1991, he was accused of purchasing an eight-volt battery used to trigger the belt bomb that killed Gandhi. Perarivalan was arrested when he was 19 and was sentenced to death in May 1999.

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Supreme Court to allow journalists inside courtrooms for physical hearing of cases

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Karan Pareek | New Delhi


The Supreme Court of India, on Thursday, October 21, resumed hearing of cases and pleas in the physical mode for the first time since March 2020, when the COVID-19 pandemic broke out in India.
The Supreme Court has recently issued new SoPs for hybrid hearings as per which all cases on Wednesdays and Thursdays to be heard only in the physical presence of the counsels/parties in courtrooms.
Along with this, SC also decided to allow media persons inside the courtroom during the physical hearings. However, journalists would have to strictly adhere to COVID-19 related norms and protocols.
?With the physical hearing in the Supreme Court of India commencing tomorrow (Thursday, 21 October 2021), it has been decided to allow the media persons, subject to usual COVID restrictions, into the courtrooms for covering the proceedings,” said the top court in a press note.
Supreme Court heard cases through video conference since March last year due to the pandemic and several bar bodies and lawyers demanded that the physical hearings should be resumed immediately.

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