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CBI Probe in Kotkhai Gudia Case Under Scanner, Forensic Report Suggests Involvement of More Than One Person

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Kotkhai Gudia case forensic experts report

Shimla-Gudia Nyay Manch has demanded fresh probe into the ill-fated 2017 Kotkhai Gudia rape and murder case after new revelations were made in the recent hearing in the case.   

The case was closed by the Central Bureau of Investigation (CBI) team after booking and arresting a woodcutter for the said crime with a conclusion that it was not a gangrape and only one person was involved. The turn of events left the family of the 16-year-old victim and the people of the state stumped and unsatisfied. Media reports had also challenged the probe

While CBI claimed to have solved the case after eleven months of investigation, hardly anyone was convinced that a woodcutter could have possibly committed this crime and managed to fool CBI and bribe nine police personals including IG, SP, and DSP to frame wrong people.

The accused police officials, who were booked for the custodial killing of Suraj – one of the six suspects allegedly framed by them, were defending someone, the public suspected. There were many other questions which remained unanswered thus the CBI’s claim failed to convince anyone that justice was done to Gudia.

After a silence of about one year, the inquiry conducted by the CBI is in the public court. During the hearing of the case of custodial death at Chandigarh-based CBI court, forensic experts claimed that there is a possibility that more than one persons were involved in the rape and murder of Gudia.

These forensic experts – HV Acharya, Assistant Director, Forensic Science Laboratory, Gandhinagar, and Hemangi Shah Assistant Director, Forensic Psychological Division, Directorate of Forensic Science, Gandhinagar- had conducted polygraph and Brain Electrical Oscillation Signature Profiling (BEO) tests on the five accused – Rajinder Singh, Lokjan, Deepak, Ashish Chauhan, and Subhash Singh.

During this hearing, they were cross-questioned by the defense counsel, Atvinder Singh.

Singh asked Dr Acharya if he still stands by his observation that the crime in Gudia was conducted by more than one person, Acharya said “Yes” as an affirmative response. Dr Shan also supported Acharya.

A joint observation report was compiled by the two experts and submitted to the CBI.

While their report clearly said that no role of these five accused was observed in Gudia case. Their report had also said that no role of Rajinder was observed in killing of Suraj.

Moreover, the report of these experts has also observed that there was “definite police effort to defend someone”.

The experts stood by their observation that these six accused were arrested and tortured without any direct evidence.

The Gudia Nyay Manch is up in arms again against CBI for an allegedly botched up investigation in the case. The Manch said it would be staging fresh protest against CBI soon.

What is Kotkhai Gudia Case

On July 4, 2017, a 16-year-old girl, who was returning home from her school in Mahasu are of Kotkhai, Shimla, went missing. Her naked body was found in the forest of Halaila on July 6. As per the initial investigation by the police SIT, Gudia was gang-raped and then murdered. The SIT on July 13 arrested six persons claiming that they cracked the case.

However, the family and locals were not convinced that these six accused, five of which were laborers and daily wagers, had committed the crime. The pubic, as well as the media, wasn’t convinced with the theory given by the police SIT. On July 18, public outrage was witnessed after one of these accused was killed in the police custody while locked up at the police station, Kotkhai. The locals pelted stones on the police staff and compelled them to leave the station. The station was then set on fire.

Under huge pressure from the public, then Congress-led state government asked the CBI to investigate the case. By the end of August 2017, CBI had arrested nine police officials including the head of the SIT Zahur H Zaidi, IG, Southern Range, DSP, Theog, Manoj Joshi, and six others for the custodial killing of Suraj. Later, the CBI also booked then Superintendent of Police, Shimla, D W Negi.

In its charge-sheet submitted to the court, the CBI had said that all six accused were falsely framed by the SIT.

The CBI had filed a separate case to investigate rape and murder of Gudia. The CBI team investigated for next eleven months without any success, thereby, facing backlash from the state high court over delay in the investigation. Ultimately, disappointed with the CBI, the court questioned the competence of CBI and asked its Director to appear personally before it.

Immediately after this summon, CBI claimed to have cracked the case in which a woodcutter was arrested. The case was considered to be closed thereafter.

However, doubts remain over botched up CBI investigation in the case.  

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 9 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 the world around him in his DSLR lens.

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Himachal: Tourist Activity Allowed, Read New Rules for Entering State, Quarantine, Plying of Public Transport

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Himachal Pradesh New Rules quarantine on entering state

Shimla: What appears to be a blunder amid continuous surge in COVID-19 cases in India as well as in Himachal Pradesh, the State Government has decided to open the borders and allow movement of all people including tourists without permission or E-Pass. Restrictions on re-opening would be limited to only containment zones.

As a matter of concern, tourists with an advance booking of a minimum of five days and COVID-19 test report obtained not earlier than 72 hours from an ICMR accredited laboratory, would not be quarantined anymore and they would not need any pass to roam around.

The visitors entering the State would have to register on COVID-19 portal (https://covid19epass.hp.gov.in/) in advance. It’s the same portal which was earlier used to issue e-passes. Anyone who wants to visit Himachal from other states or abroad will have to fill their details during registration but would not require a pass/permission from the State or district administration.

Only those arriving from high-load cities would have to follow the mandatory institutional quarantine. Relaxation can be given only in the case of death, pregnancy, medical urgency, elderly people, and children below 10 years or infants. Daily and weekend commuters entering and exiting the State have been exempted from quarantine requirements. It includes industrialists, traders, raw material suppliers, factory workers, project proponents, service providers, inspecting authorities etc. Also, persons falling in these categories are exempted from home-quarantine on arrival from other states.

The residents of Himachal Pradesh exiting the State to visit other states for a short duration for medical, business or official purposes and coming back to the State within 48 hours have also been exempted from home-quarantine provided they are asymptomatic.

Further, persons visiting the State for bonafide purpose of trade, business, job, project, service purpose, marriage ceremonies, commission agents, and ‘artiyas’ can enter the state with supporting documents provided they are not arriving from high-load cities.  

The orchardist, agriculturist, contractors, project proponents etc. would have to get all hired labourers registered on the same portal. They will have to arrange for quarantine facility for all labour brought from other states. The Government has also allowed sending such labour directly to the site of work (orchards, industries, farmlands etc.) provided they follow the guidelines regarding quarantine and social distancing.

Personals of the Armed forces and Central paramilitary Forces would not need registering on the portal and will be allowed to enter by showing their official identity card.

The decision is quite surprising considering the fact that the total of COVID-19 positive cases has crossed the 1000 mark and the rate of appearance of new cases is also on the rise in the State. The State government claimed that it had requested the Centre to allow the State to regulate the entry of people in wake of the rising cases in the State. However, the State Government claimed that the Centre declined this request. Moreover, the economy of the State has been hit adversely due to the lockdown, thus, zero tourist influx.

Therefore, under pressure to resume economic activities, at the same time, the State Government has given a huge relaxation in the lockdown and social distancing measures. The Government has removed the conditions of maintaining 60 percent occupancy in the state carriage buses. Now, the buses could run with 100 percent capacity, informed a  Spokesperson of the HP Transport Department on Friday.

“This will be subject to maintaining social distancing and that no standing passenger would be allowed in the buses during the journey,”

the Spokerspoers said.

Other conditions not related to maintaining 60 percent occupancy mentioned in the Department’s notification issued on May 30, 2020, will remain the same, the Spokesperson said. However, the inter-state movement of public transport would remain prohibited. Inter-state movement of taxis is allowed after obtaining permission from the concerned Deputy Commissioner.

On the situation in the State, Chief Minister Jairam Thakur yesterday said that all is well, and the cause of surge in cases is due to people returning from other States.

“The situation in the State was quite under control. There is a sharp increase in corona patients in the State as over two lakh people from different parts of the country have been brought back to Himachal Pradesh. The people of the State need not worry as the Government is fully aware of the situation,”

Again, he compared the number of cases and fatalities in India with the rest of the world to claim that the spread is contained effectively.

“Number of death due to COVID-19 in the fifteen most developed countries with a population of 142 crore was about five lakh, whereas in India having a population of 135 crore, about 17,000 had lost life due to Corona till date,”

he said.

The State Government said that hotels and restaurants/dhabas would have to follow guidelines issued by the Department of Tourism from time to time. The restaurants and dhabas are allowed to serve food by operating only at 60 percent of their seating capacity. The HPTDC lifts in Shimla city have also been allowed to operate.

On the other hand, the hoteliers are not in favour of opening hotels due to the fear of COVID-19 spread. The Hoteliers & Restaurant Association, Shimla, had written to the State Government a couple of days ago suggesting that tourism activities in the State should not be allowed for the coming few months.

The Association in a written submission had given the following reasons to not open tourism activities (unedited):

  1. Corona cases are increasing at an alarming speed in India and a world at large. As per expert opinion, Corona pandemic will be at peak in the month of July/ Aug. 20
  2. In the summer season, we get bulk of our visitors from Punjab, Delhi, Gujrat, Maharashtra, Tamil Nadu. As most of the areas in the above States are gravely infected and are in the red zone, we should not invite them to visit Himachal and put our public at risk of Corona.
  3. The railway which is the popular mode of transportation for the tourist is not operating till August 12, 2020, and airlines have also suspended their operations till July 15.
  4. As most of the Corona patients are asymptomatic, despite taking all precautions and social distancing, we will be putting the life and health of our hotel staff at grave risk, if they come in contact with them.
  5. At present, there is no vaccine available for the cure of Corona, so there is a fear psychosis amongst the population and they are concerned about their health and safety and would not like to venture out from their homes and stay in hotels.
  6. For the above reasons, we don’t expect many tourists to visit Himachal in July and August 20, It will be financially unviable to open hotels.

The Association had suggested that touristic activities in hotels may be permitted after the rainy season is over, sometime in September or October.

Himachal Pradesh is witnessing a rapid rise in COVID-19 case since the day the Government opened borders for its residents who were stranded in other States. So far they required e-pass and had to go through mandatory institutional and home-quarantine. However, now, with borders opened for all including tourists without obtaining any permission, the people of the State need to be prepared in case the outbreak gets out of control.

In such a scenario, people can’t solely rely on the Government and will have to follow social distancing rules strictly to protect themselves.

Click to Read Full Notification 

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Lahaul-Spiti: Haughty Minister Allegedly Heckling Tribal Women Who Dared to Deny Him Entry in District Over Quarantine Violation

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Lahaul-Spiti tribal women booked

Lahaul-Spiti-Support is pouring in for the tribal women of Spiti after the local administration initiated police action against nearly 200 women for protesting against Himachal Pradesh Agriculture Minister Ram Lal Markanda for violating the local quarantine rules early in June. Locals said earlier only some specific protestors were being identified and booked. In response to this embarrassment, Markanda tried to give it a political color by alleging that oppositions had conspired this protest. So all women from each household gave a list of their names to the police identifying themselves as protestors. Following which these women were booked.

On June 9, hundreds of representatives of Mahila Mandals apart from some youth and other residents including employees of the State Government from Spiti carried out an agitation to protest the violation of the ongoing self-imposed lockdown in the region amidst apprehensions of the spread of Corona pandemic in the region.

The women had gathered at the gate in Kaza and did not allow Markanda and his convey of over a dozen of vehicles to enter district without following community rule regarding mandatory quarantine.

They wanted Markanda and his cavalcade to follow the rule like everyone else. Markanda did not agree to it and had to return to Shimla following this demonstration. However, instead of respecting the decision of the locals, now he is after the protestors. The ego of the haughty minister seems to be so big that the police was made to book a woman in almost every family in Kaza. This action is highly unacceptable if democratic values are considered.  He forgot that he is supposed to respect the mandate of the people who had elected him. Instead, as alleged by the women, he wants a written apology.

More than 190 women were booked under Sections 341 (wrongful restraint), 143 (unlawful assembly) and 188 (disobedience of public order) of the IPC. These charges also include not maintaining social distancing while protesting. Markanda said he believed that the women were politically motivated, and now, as it appears, he is trying to set an example to discourage such dissent in the future.

However, as a matter of fact, Lahaul-Spiti had managed to remain COVID-19 free until June 30 – the day first two cases were reported in migrant labourers working for the BRO. Spiti has still not reported even a single case. It was due to the initiative and proactiveness of the locals who had framed their own rule regarding entry and quarantine. All residents of the region had agreed to follow the same also asked everyone to adhere to these rules.

“We have been following our COVID-19 rules as framed by our local committee, comprising members from local monasteries and community leaders, much before the state framed the rules. Our rules are applicable to all people, including our family members, who are returning to the area for the first time since the pandemic,”

Mahila Mandal President Sonam Dolma told news agency IANS.

The COVID-19 tally has crossed 1000 mark in the State but Lahaul-Spiti district is still doing far better than others with only four cases till July 2.

Instead of filing cases against them, these residents deserved to be appreciated for preventing infection entering into the district at a time when most of the other districts were reporting COVID-19 cases. The display of unity and understanding of democracy by these tribal women is outstanding. Rest of India should learn from these tribal people.

Support Pours in For Tribal Women

These women are receiving support from other organizations and activists.

In this row, close to 20 women, representatives of various organizations, women’s groups, as well as, concerned individuals from across Himachal recently issued a joint solidarity statement in support of these women.

The statement said that the residents have highlighted that even before the imposition of the lockdown there was serious concern amongst the tribal community of Spiti about the pandemic given its remote geographical location and socio-economic vulnerabilities.

Given the tribal lifestyles and dependence on each other for their livelihoods, social distancing within the community was close to impossible. The absence of public health facilities would have meant that any spread of COVID would have unleashed a threat to the very existence of this tribal community, the representatives said in the statement issued.

The representatives said that in this scenario for the last four months, the local people, especially the Mahila Mandals, have worked relentlessly to facilitate quarantine of residents returning from outside, making masks and also guarding against people from outside the region visiting the region. The local committees had resolved that each and every person entering from outside would have to observe 15 days quarantine.

It needs to be noted that the women were already agitated by the continued pressure of some members of the Tribal Advisory Council to bring laborers from outside to the area, the representatives said.

“Despite being well aware of this context, the local administration instead of attempting a dialogue with the protestors has initiated police action against women who were simply asking that the local resolutions be duly followed and respected”,

said Ratan Manjari, leader of Mahila Kalyan Parishad, Kinnaur

The representatives said that the women have made it amply clear that they had no political motives and neither anything personal against the Minister. The representatives alleged that not only summons were issued selectively against some women representatives of Mahila Mandals but they are also being heckled to issue an apology and harassed by the administration daily.

The representatives alleged that some departments have also issued show-cause notices to their local women staff who participated in the protest. Apparently, cases have been registered under IPC sections 341,143 and 188.

“We condemn this harassment of the tribal women by police and the local administration. Whereas across the state legal action was initiated against those violating the lockdown, when local people made the demand that lockdown rules be followed in their area, the police has, in turn, initiated action against them. This reflects the double standards, high-handedness and patriarchal nature of the government agencies and the State. We also believe that this unjustified action of the police is to create fear amongst the local community”

said Himshi Singh of Himdhara Collective Notably, Spiti is a schedule V area and the constitution empowers the communities for self-governance.

Further, the women of the region seem to be well aware that if there is a COVID outbreak then they, who already bear the burden of care and nurturing work in the family and community, will be burdened even further, the representatives said.

 “It is rather unfortunate that women are expected to be present to welcome political representatives but when they have a genuine issue to raise about the actions of the same representatives they are silenced and repressed. In such a scenario how will women even be considered equal citizens of our democracy?”

said Vimla Vishwapremi of Parvatiya Mahila Adhikar Manch.

The open statement has demanded that the charges against the tribal women of Spiti be dropped and that their harassment and repression by the local administration be immediately stopped. The local administration must acknowledge and support the participation and leadership of the local tribal community, specifically the Mahila Mandals, and work together to maintain the safety and security of the region, the representatives said in the joint statement.

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Viral Video: HP PWD Tarring Puddled Road in CM Jairam’s Home District

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Viral Himachal pradesh road tarring video

Mandi– There is no dearth of shocking and bewildering incidents when it comes to corrupt nexus of Departments of State Government and private contractor. The people of the State already know about the alleged ‘PPE kits purchase’ scam of the Health Department in which a higher official was arrested and suspended. Then, there is a separate alleged scam related to purchase of sanitizers at the State Secretariat in which an high rank official has been booked. In Bilaspur, district health authority had allegedly supplied raincoats to health staff instead of PPE kits. The case is being investigated by the Vigilance and Anti-Corruption Bureau.

Also Read: Vigilance Probe Begins into Alleged Delivery of Raincoats to Health Staff Instead of PPE Kits

Today, the HP Public Works Department is in news. While, the Chief Minister Jairam Thakur claims that Himachal Pradesh has touched new heights in terms of development under his and Prime Minister Modi’s leadership, a video showing a complete waste of public tax money in CM ‘s home-district went viral on social media yesterday.  

The video showed labourers throwing tarring material onto a road-cum-pool of accumulated rainwater. The video was reportedly recorded near Bhantal in Karsog area of Mandi district. The contractor was tarring the road without soling/filling potholes. Take a look.

The road is in tatters and impassable, locals said.

It’s not new for contractors to undertake tarring work in the rain, and Himachal Watcher has reported such incidents earlier too. However, this one depicts widespread corruption in a more ugly form. 

When the video went viral on social media, the work was stopped. An official of HPPWD reached the spot and informed that this work was given to a private contractor.

In a live video on a regional Facebook page, the official can be heard saying that the work was being carried out under the supervision of an HPPWD official. The supervisor was also present at the spot. When the supervisor was asked as to why he did not stop the contractor from undertaking the tarring job amid rain, he replied that the contractor did not listen to him and continued the work despite being told to stop it.

Posted by करसोग अब-तक on Thursday, 25 June 2020

While the locals want action against erring officials and contractor, neither PWD nor the State Government has given any statement regarding this video. The chance that the contractor and responsible PWD officials would be held accountable is almost negligible, as always.  

These days, the Chief Minister, his MLAs and Cabinet Ministers are busy in organizing virtual rallies and count achievements of the BJP Government. In statements given by leaders in these rallies, everything is perfect, there is no corruption and the State has witnessed unprecedented development.

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