Connect with us

HW Community

Yug Murder Case Conviction: Is this crime rare enough to invite death penalty?

Published

on

yug murder case judgement

Shimla: The Supreme Court of India, in a decision in Machhi Singh vs State of Punjab case in 1983, had coined the term “rarest of the rare.”

As per Justice MP Thakkar, rarest of the rare case means,

When the collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining the death penalty.

Further, the deciding factors included the manner of commission of murder.

When the murder is committed in an extremely brutal, grotesque, diabolical. revolting, or dastardly manner so as to arouse the intense and extreme indignation of the community,

the Apex court had stated.

There are several other guidelines including consideration of aggravating and mitigating factors. However, there has been a long contradiction between the advocates of capital punishment and human rights activists all over the world. 

One of the arguments against the death penalty states that the courts can not give birth to a human hence it doesn’t have the right to take life. The debate also considers the deterrent effect of awarding death penalty on offenders in making. Does it deter people from committing crimes?  

In India, this debate holds more value as the rarest of rare cases are no more rare. The crime rate, especially crime against women is only rising. In 2012, the  gangrape and brutal murder of Nirbhaya in the national capital had sounded the alarm. The accused were given death sentence but the question is whether it deterred criminals or not. 

In Himachal, the debate was again sparked on August 6, 2018, as the district and session judge, Virender Singh found all three accused guilty of abducting and murdering Yug Gupta, a 4-years-old boy, in June 2014. However, the court did not announce the sentence, which is likely to be decided on August 13 – the next date scheduled for the sentencing hearing.

These three convicts include Tejinder Singh (29), Chander Sharma (26), and Vikrant Bakshi (22).

The parents of the murdered boy have been grieving since his abduction on June 14, 2014, from their home in Ram Bazaar, Shimla. Their pain was aggravated by the failure of Shimla Police in solving the case after an investigation of several months. The case was then handed over to the Criminal Investigation Department (CID) of Himachal Pradesh.

Their grief knew no bounds when the CID team recovered parts of Yug’s skeletal from a water tank on August 22, 2016, after a long investigation.

Related Story: Skeleton of missing Shimla kid recovered after 2 years from MC water tank near Bharari

It turned out that said three youth, with an intention to extract a ransom from his family, had abducted Yug. The mastermind Chander was a neighbour of the victim’s family.

Does the crime attract capital punishment?

As per the Supreme Court’s directions in the 1983 Machhi Singh case,
The capital punishment can be imparted in cases

When the victim of murder is an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder.

This criterion also included women or a person rendered helpless by old age or infirmity.

The crime committed in the case of Yug Gupta involve a 4-years-old child who, as per the investigation, was made to live in inhuman conditions after the abduction. The convicts had rented an apartment located at an isolated location near Ram Chandra Chowk. For a week, the child was kept naked in a bed-box, starved, and was made to consume alcohol forcefully to keep him in a sedated state and prevent him from making any noise.

Related Story: Yug Murder Case: Possible torture to death, drowned alive, suggests initial investigation, protest erupts in Shimla

After a week of abduction on June 14, the convicts tied him to a stone with a rope and threw him into a Shimla Municipal Corporation’s water supply tank in Kelston on June 21. Yug was alive when he was thrown into the tank.

The convicts had not asked for ransom until June 27 when the parents received a letter demanding a ransom of Rs. 3.6 crores. However, they had already murdered Yug a week ago.

The recovery of the skeletal remains had sent waves of shock across the state, which was followed by public protests demanding a death penalty for the three convicts.  The Bar Association had also decided to not to take up the case of any of the accused. The case was first-of-its-kind in Himachal Pradesh – a considerably peaceful place as compared to rest of the States.

Everyone found it inconceivable to give an innocent child such horrible death. The convicts were even thrashed by an enraged mob while they were being taken to the court. 

The CID had filed a charge-sheet against the accused on October 25, 2016.

The charge-sheet also included ten reports attached with it.  Two of the reports were that of DNA test conducted to match remains of Yug parents and another report prooving that Yug was alive when the convicts dumped him in the Kelston tank.

About 114 persons are mentioned as the witnesses and statements of over 100 persons have been recorded. All the three accused were booked under sections 302, 201, 342, 364 A and 120 B of the IPC.

The case had indeed shocked the community and it did involve a helpless, innocent child, but it is to be seen whether it qualifies as a rarest of the rare case or not.

In brief, the rarest of the rare crime should consider:

  1. Manner of commission of murder
  2. Motive for commission of murder
  3. Anti-social or socially abhorrent nature of the crime
  4. Magnitude of crime
  5. Personality of victim of murder

Further, in September 2013, a bench of justices S J Mukhopadhaya and Kurian Joseph, while turning a sentence of the death penalty to a man accused of multiple murders into life imprisonment, had noted that the life imprisonment is the rule and death penalty an exception and courts should also consider socio-economic before pronouncing sentence.

 Poverty, socio-economic, psychic compulsions, undeserved adversities in life are some of the mitigating factors which are also required to be considered, in addition to criteria laid down in its two landmark verdicts on the death penalty,  

the bench had stated adding

We may note that the rule is life imprisonment for murder, and death is the exception for which special reasons are to be stated.

There seems to be no socio-economic compulsion in the case of the convicts in the Yug murder case that had compelled them to commit this crime.  The accused are also mentally sound. However, for the court, it would not be that easy to pronounce a death sentence.   

If a death penalty is awarded then, in accordance with the Section 354(3) of the Criminal Procedure Code (CrPC), the judge would have to cite special reasons for it. 

The family of the Yug has expressed full faith in the judiciary and expects that the court would pronounce nothing less than a death penalty for the brutal murder of Yug.

The recovery of the remains of Yug had also posed serious questions over the cleaning and security of the water supply tanks of the SMC as well as the Irrigation & Public Health Department. The case highlighted that these agencies were not taking any measures to secure these tanks as they were neither locked or monitored in any other way.

The SMC supplied water to the public from this tank for two years until the arrest of the convicts who led the CID team to the spot. The convicts had thrown Yug into the tank in 2014 and it remained inside it up to August 2016, which clearly exposed the lackadaisical approach of government departments towards the quality of drinking water supplied to the public.

The police had also registered an FIR at Sadar Police Station under provisions of Water (Prevention & Control of Pollution) Act 1974 on the basis of the CID’s report. The SMC was charged with a negligent act that could have led to spread of an epidemic or other infections lethal to human life. 

However, the then Mayor of Shimla, Sanjay Chauhan, had questioned CID’s investigations and had claimed that all remains of Yug’s skeleton were recovered from surroundings of the Keleston-based water tank, not from inside. He had alleged Congress and BJP of playing cheap politics over the death of an innocent child.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

HW Community

Quandary in KCC Bank Recruitment – Himachal’s Unemployed Youth Grinds Between Corruption & Politics

Published

on

By

KCC Bank Recruitments 2017

Shimla- If you search hashtag #KCCB on Twitter, you are likely to find thousands of Tweets where the youth of Himachal Pradesh is requesting the current Bhartiya Janata Party (BJP) government led by the Chief Minister Jai Ram Thakur to deliver justice. In every Tweet, the CM can be seen tagged. Since the government chooses to remain tight-lipped, the helpless youth is now cursing not only the CM but also the Prime Minister Narendra Modi for befooling them. 

Shimla– If you search hashtag #KCCB on Twitter, you are likely to find thousands of Tweets where the youth of Himachal Pradesh is requesting the current Bhartiya Janata Party (BJP) government led by the Chief Minister Jai Ram Thakur to deliver justice. In every Tweet, the CM can be seen tagged. Since the government chooses to remain tightlipped, the helpless youth is now cursing not only the CM but also the Prime Minister Narendra Modi for befooling them. 

After being versed with entire matter, you will be astonished to find, how far the politicians and corrupt officials can go in playing with the future of the youth and their money.

State’s educated but unemployed youth had been trying to attract the attention of the ruling government towards the mental agony and despair they are going through for the past 18 months due to ugly vendettas of political parties and blatant corruption in the Kangra Central Cooperative(KCC) Bank.

You’ll find a lot of newspaper cuttings, pictures of protests, and memes showing how the politicians and the Bank not just toyed with the sentiments of lakhs of unemployed youth but also extorted crores of rupees from them. 

At the same time, the youth are alleging the Bank officials of lying through their teeth with no remorse at all. Read on to understand the entire issues.

Back in 2017, the KCC Bank advertised recruitment to fill up 216 vacant seats of assistant manager (Grade III), Junior Computer Programmer (Grade III), Clerk (Grade 1V General public, trained secretary, employees of cooperative society quota) and computer operators. Over 1. 26 lakh candidates applied for the recruitment conducted through the HP Board of School Education (HPBOSE). However, while applying, they had no idea that their own government would make a mockery of their unemployed status.

The then Chairman of the Bank, Jagdeesh Sephiya or the ruling Congress government did pay heed to the fact that the recruitment process actually violated the guidelines issued by the Reserve Bank of India and the Registrar Co-operative Society. It’s important to note, Sephiya is a Congress leader and a close aide of former chief minister Virbhadra Singh.

According to the applicants, the bank collected between 5-7 crores, conducted a written examination in June 2017 and held interviews of the 750 candidates in September. Before the declaration of the merit list, the Model Code of Conduct came into force ahead of elections to the State Legislative Assembly.

After elections, one of the first decisions of the new government of Bhartiya Janata Party (BJP) was to not carry forward any recruitments made during the period of six months before the elections. The KCCB recruitment process was one of them. Since then, the 750 candidates who had appeared in the personal interview wait desperately for the bank to declare the result.

The BJP governmenthas alleged of nepotism in the recruitment while the members of KCC Board of the Directors allege grieve irregularities in granting loans and manipulation of data related to the Non-Performing Assets, which deem the entire application and recruitment process unlawful.

An inquiry by the then MD of the Bank, PC Akela, into some loans had confirmed a violation of norms by few KCC bank branches including one near Government College, Una. A chargesheet was also issued to the managers of these banks, if the ex-MD is to be believed.

Similarly, Rs 1.30 crore cash credit limit (CCL) extended by the bank to Chunni Lal, brother of Anand Chauhan, LIC agent – an accused in corruption cases registered against the former Chief Minister by the CBI, also came under the scanner.

The then Director of the bank, Keshav Korla, who is also associated with BJP and was in a race to become new MD, labelled serious allegations against the then MD and filed a petition in the State High Court, challenging the recruitment process.

It was alleged that the bank was not eligible to hire since its NPA was higher than 12 percent. According to bank officials, its NPA was about 15 percent. However, Korla alleged that the actual NPA was over 20 percent and that the bank has manipulated the statistics to fool the RBI.

The absurdity of the political drama witnessed a new low when Korla, in August 2017, alleged that he was slapped by Jaswant Singh Rana, another member of the BoD, over an argumentconcerningthese irregularities in the bank.

The new government then ordered a vigilance probe into the alleged irregularities in the grant of loans and manipulation of data related to the NPA. A nod was also given to lodge FIRs against three Chairmen and MDS. However, the vigilance probe was slowed down and no one was held accountable ;perhaps a regular outcome of such probes.

Also, it was found that the HPBOSE had destroyed all records of the recruitment except the personal interviews.

On July 19, 2018, the BJP government dissolved the BoD and the bank worked without the Board for about eight months. The government took its turn to reward its blue-eyed leaders and officials. In July itself, the government re-shuffled the MD of the Bank for as many as three times and made the respectable post a joke.

In November 2018, Rajiv Bhardwaj, a BJP leader from Kangra district and Shanta Kumar’s loyalist, was appointed as the new Chairman of the Bank along with the nomination of two other leaders as members.

Despite appeals from and protest of 750 candidates, by December 28, 2018,the new BoDpassed a resolution to cancelthe recruitment.Following this decision to cancel the recruitment, the court also closed the petition.

Now, the applicants tuned protestants allege that the bank officials including the new Chairman are lying to the candidates that they had no information regarding the cancellation of the recruitment. In fact, the court has mentioned it specifically that the petition was disposed of after the BoD submitted a written reply stating that it has cancelled the recruitments. The Chairman has held the court responsible for the cancellation of the recruitment. The Bank is treating these youth like primary kids, nothing more.

The reason given for cancellation was that the recruitments were conducted through HPBOSE. The BoD said it was against the Registrar Co-operative Societyguidelines, which instruct that banks can only recruit through IBPS, State Staff Selection Board or State Public Service Commission.  Secondly, the RBI guidelines, the BoD further stated that banks with an NPA higher than 12 percentare not eligible to conduct recruitments.

The candidates, who had no role in this mess created by the previous and new governments, facedmental harassment awaiting their results during all this time. They met several leaders and even the new Chief Minister, requesting him to declare the results. The Chief Minister, during an event in Bilaspur, had assured them that they would not face injustice, which they eventually did.

These youth are questioning how other banks with higher NPAs are able to conduct recruitments and why this rule is being implemented in their case only.

They staged protests and reached media several times since the formation of the new government.

They received occasional hopes from the government, which were ultimately dashed to the ground. These candidates are still not in any mood to give up protesting over their demand.

The BoD members, some of which are nominated, have their affiliations to their respective patron political parties. All the members strive to appease their party through nepotism in recruitments, issuance of insecure loans to politically influential or any mean they can find.

In fact, one of the biggest reason for rising NPA of the Bank is that the previous as well as the current governmentshave been ignoring persons with banking background for the top positions and instead electing those having a political background. This political influence leads to grant of insecure loans to selected candidates or near and dear to leaders of the respective ruling government. These political persons do it to please their masters.

The biggest irony is that despite being such a sensitive issue, no one is held responsible.

Someone must be held responsible for initiating the process of recruitment when the Bank was not eligible to do so officially and legally. Someone must be held responsible for making the Bank BoD a political battleground where anyone hardly has any experience related to banking. Someone needs to lay some eligibility criteria for the selection of the BoD, members and the position of the Chairman.

As far as nepotism is concerned, none of the parties leaves a stone unturned to influence the recruitment process, which is no hidden secret.

Continue Reading

HW Community

A Harrowing Challenge of Drug Menace in Himachal Pradesh

Published

on

drug abuse in Himachal Pradesh

Shimla- The drug menace, predominant among the younger generation, has been haunting the state of Himachal Pradesh for a while now. Inadvertently, an incipient problem of drug use has transformed into a full-blown problem. Over the past few months, minatory incidents such as the arrest of people in possession of contraband drugs became quotidian, and several mysterious deaths of students left the parents in despondency. The faces of the parents are masked with discernable worry and panic, albeit their stony silence on the issue, fails them in downplaying the issue.

If education is driving our children to indulge in drugs, in that case, it’s better not to send them to school/colleges and keep them illiterate,

said a man remorsefully, after reading news about the arrest of a college goer in possession of “Chitta”. The statement reflects the manifest distress and uneasiness among parents.

How dismal the situation is, can be fathomed from the fact that in the year 2018, so far, 151 cases have been registered under the Narcotics Act, and 204 people have been put behind the bars in connection to drug peddling. In addition, 94 kg of Charas, 3 kg of opium, 116 kg of poppy husk, 0.496 kg of ganja, 480 grams of heroin and 39135 tablets/capsules were seized in the state from April to June 2018, as per the report of the state Government submitted before the Hon’ble High Court in the month of August.

In response, the state cabinet under the Chief Minister, on 30 November 2018, decided an amendment in the Narcotics Drugs and Psychotropic Substances(Himachal Pradesh Amendment Bill) 2018, which will be moved in the upcoming winter assembly session in Dharamshala, in order to make the offense non-bailable. The opposition has welcomed the move-not surprising, as they had been making a clarion call for change in law for some time now.

Ergo, the Drug trafficking or smuggling of narcotics in the state of Himachal will become a non-bailable offense once the Narcotics Drugs and Psychotropic Substances (Himachal Pradesh Amendment Bill), 2018 is passed by the assembly in the upcoming session.

The drug menace is not only unpalatable but if it is not quelled timely, it could become inveterate, jeopardizing the prosperity and stymieing the progress of the region. Clearly, the government was left with very few options, apart from making the crime non-bailable but this step might take care of the demand side of this complex issue. In doing this, the policymakers may be overlooking the overriding concerns on the supply side: as the amendments in the law may end up punishing the drug consumers only, whereas the supplier or the producers/manufacturer (in case of Chitta) of contraband drugs may never be nabbed. And the danger is– considering the inordinate delay and pendency of cases in our courts-the miscreants, especially the youth, may never get the second chance to redeem themselves.

After all, we all make mistakes in life, but, the key is to learn from our mistakes and not repeat them.

Hitherto, we have failed to underscore the crucial factors that festered drug use and it’s peddling. Be it the permeable border, high disposable income, lack of employment opportunities, temptation to make easy money or lack of awareness about the heinous repercussion of drug menace- high-risk behaviour, HIV/Aids/Hepatitis-C, violence, child abuse, risky sexual behaviour, the stigma of social exclusion, incarceration and list is endless. There are issues which require a far greater attention of the policymakers and the government.

First and foremost, we need to identify the conduit of these contraband drug and target it indiscriminately. The various studies show that once the European countries stopped the entry of drugs from “Balkan Route-the conduit of the drug trade to Europe” their problem of drug menace was half solved. Our state should follow the same approach.

With the advent of social media, the tricks of the drug trade have also changed; most of the drug sales nowadays are done on “Dark Net”. The state needs to ensure that our intelligence and police are abreast with all the latest technological advancement to nab the big fish of the drug trade. Only then this legislation will bring the desired results, or else our effort to curb the menace may belie the desired results.

Unsolicitedly, we all should provide, whatever little information we have about the drug buccaneers and miscreants in this trade to the police. The silence of the society on social evils don’t help in overcoming them but only fester them to the worse. Embrace meliorism!

We need to fight this menace from all quarters by spreading awareness about the pitfall of drug use. From parents, teachers, students, association, legislators, police, to NGOs, each one of us has a role in this battle against drugs. We, as a society, need to understand that it’s the higher socioeconomic groups that have a greater propensity to drug use, but it’s the society as a whole that pays the price.

The society, as a whole, needs to be emphatic to those who have fallen in the trap of drug use. The state also will have to ensure drug addicts are administered proper treatment-be it in prisons or in rehabilitation centers. Such an attitude for one and all will help drug addicts in overcoming the drug problem and social stigmatization.

The state also needs to usherradical reforms in sectors like education. At present, numerous youth get disillusioned when they get rejected for a job or don’t find a job. In frustration, they feel disheartened by the system and take up drugs. Whereas the real problem is, a majority of them lack the skill set and are often unemployable. The skill set is correlated with quality of education imparted to the students. The reform in the education system should commensurate with the requirement of the modern day age. It’s sad that we have commodified the education system, which further exacerbates the problems of the society, instead of remediating it.

Our policymakers need to introspect whether they have been able to formulate the policies that promote job creation and environment that thrives on an idea of innovation and technology.In absence of both these, youth is like to become susceptible to drugs to find solace. The policymakers need to avoid this trap and make sure the policies cultivate an environment on which our society can prosper for the best, not for the worst.

A bit of lateral thinking will also help. We need to create more options for our youth to have fun and frolic. Let’s understand, if we can offer an environment full of alternative activities to our youth, it will prevent the youth from falling prey to drugs. More parks, health clubs, library, reading rooms (sadly reading habits are declining in society worldwide), playgrounds will certainly help. Our pedagogy and parents can help immensely in this, by encouraging the youth to develop different interest and hobbies. Remember the old adage: An idle brain is a devil’s workshop.

Interestingly, most of the towns in the state or villages for that matter have a painful story related to the drug menace to tell- some certainly veracious, some may be apocryphal. The imminent challenge is to overturn the predicament. In the future, the tales from the state should be about drug survivor who fought his way back to health, not about the one who languished all his life in the hope of emancipation.

We are blessed with a young population but the asset has to be preserved by creating an environment that gets the best out the youth. If we err in doing so, the same asset can easily turn into liability and spell doomsday for the state. It would be a tragedy if we allow our youth to embrace the darkness.

Let’s get our act together; it’s high time! Let’s build a bulwark in the path of slow death by presenting new avenues of life to the youth. They deserve this much, if not better.

Author: Sunny Grack

About Author: Sunny Grack is a former banker. Interested in matters on economy, globalisation ,financial market and public policy; an Economic and Management graduate. He lives in Shimla.

Disclaimer: Himachal Watcher may not necessarily share the same opinion as expressed by the author.

Continue Reading

HW Community

Report bursts myth about ‘big encroachers’ in Himachal’s tribal areas

Published

on

Big encroachers in tribal himachal

Shimla-Himdhara Environment Research and Action Collective in collaboration with Zila Van AdhikarSamiti, Kinnaur, released its report titled, ‘Who Gains from the Forest Rights Act, 2006?’. The study conducted in the tribal district of Kinnaur, assessed 1351 Individual Forest Right (IFR) claims of 22 Forest Rights Committees (FRC) in the district where 132 FRCs have been formed.

The study found that 96.5% of these IFR claims were for less than 10 bighas of land and only 6 claims out of 1351 claims being of more than 20 bighas.

Jiyalal Negi, president of Zila Van AdhikaarSamiti, Kinnaur said,

The data shows that people are making genuine claims of land under their occupation mainly for their survival and not for grabbing land as is the notion that the administration holds.

The study looked at the landholding data of 417 claimants of the total 1351 showing that 67% of these have existing private land holdings under 10 bighas.

Negi further added that close to 26% of the claimants are in the category of Scheduled Castes, whereas they form only 17.53% of the total population.

The report also revealed that the average size of land claimed under FRA by the SC community is slightly more than the average land claimed by ST community. Prakash Bhandari from Himdhara Environment Collective emphasized,

If the IFR claims of 417 SC claimants studied are recognized, then the average land holding size would increase from 8.86 bigha to 11.47 bigha,

showing that a fair and just implementation of this Act could play a critical role in reducing land ownership inequities in the region.

The Forest Rights Act, 2006 was legislated to support the survival of tribal and other communities living in areas where dependence on ‘forest lands’ is high. The act recognizes the individual as well as community uses of forestland dependent communities.

The study by Himdhara Collective was carried out to challenge certain arguments posed by the administration in Kinnaur as well as some other areas, questioning the individual claimants on the grounds that they belong to already landed communities and would be grabbing more land.

With such arguments dominating political and bureaucratic discussions, the implementation of the Act has remained poor, where only 129 individual claims have been approved across the state

, said SonamTargay and Rigzin, representatives from Lahaul-Spiti.

The representatives from both districts recommended that it is high time that the pending files with State and District level Committees be expedited. They also emphasized on the urgent need of training that should be conducted for both the administration and political representatives to remove misconceptions about this very important act.

Continue Reading

Trending