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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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Rs. 1 Crore to HP Police Department for PPE and N95 Masks

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HP Police PPE kits and masks

Shimla-Himachal Pradesh Government on Saturday sanctioned rupees one crore (Rs. 50 lakhs from HP COVID-19 Solidarity Response Fund and Rs. 50 lakhs from State Disaster Response Fund) to Police Department for purchase of high-risk Personal Protective Equipment (PPE) kits and N-95 masks for police personnel of the State in the wake of pandemic COVID-19.

HPSEB Contributed 1.97 crore Towards Chief Minister Relief Fund

On behalf of officers and officials of H.P. State Electricity Board Limited, the Chairman of the Board, Ram Subhag Singh, contributed Rs. 1.97 crore towards Chief Minister Relief Fund on Saturday.

Chief Minister again made a fervent appeal to the people for the generous donation towards this Fund so that needy people could be benefited.

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17 People of Himachal Visited COVID-19 Hotspot Nizamuddin in Delhi: HP Govt

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Himachali's at Nizamuddin, Delhi

Shimla-Himachal Pradesh Government on Tuesday confirmed that as many as 17 people of the State were on the religious congregation at Delhi Nijamuddeen. All of them are under 14 days surveillance of Delhi Government at New Delhi and till now they have no symptoms of COVID-19.

These persons belong to Chamba, Sirmaur, and Kullu districts.

This large religious gathering at Delhi’s Nizamuddin has emerged as a virus hotspot with links to seven COVID-19 deaths. Among those who had attended the gathering, 50 have tested positive in Tamil Nadu, 24 in Delhi, 21 in Telangana, 18 in Andhra Pradesh, 10 in Andamans and one each in Assam and Kashmir after attending the gathering. 

Union Ministry of Home Affairs (MHA) shared details of foreign and Indian Tabhlig Jamaat (TJ) workers in India with all States on March 21, 2020, after COVID-19 positive cases among these workers surfaced in Telangana.

All the Tabligh Jamaat workers staying at Hazrat Nizamuddin Markaz are being medically screened since March 26. So far, 1203 Tabligh Jamaat workers have been medically screened.  Over 300 of them had symptoms of COVID-19 and were referred to different hospitals in Delhi.

Various nationals, particularly from Indonesia, Malaysia, Thailand, Nepal, Myanmar, Bangladesh, Sri Lanka and Kyrgyzstan had come for Tabligh activities.

Meanwhile, So far, 1339 Tabligh Jamaat workers have been shifted to Narela, Sultanpuri and Bakkarwala quarantine facilities as well as to LNJP, RGSS, GTB, DDU Hospitals and AllMS, Jhajjar. Rest of them are being currently medically screened for COVID-19 infections. No new case has been reported in Himachal. 

Usually, all the foreign nationals visiting India as a part of Tabligh team come on the strength of a tourist visa. MHA had already issued guidelines that they should not indulge in missionary work on a tourist visa. State Police would be examining categories of visas of all these foreign TJ workers and take further action in case of violation of visa conditions.

BACKGROUND

Tabligh Jamaat Headquarter (Markaz) is located in Nizamuddin, Delhi. Devout Muslims from across the country and also from foreign countries visit the Markaz for religious purpose. Some also move out in groups to different parts of the country for Tabligh activities. This is a continuous process throughout the year.

On March 21, approximately 824 foreign Tabligh Jamaat workers were in different parts of the country for missionary work. Besides, around 216 foreign nationals were staying in the Markaz. Besides, over 1500 Indian TJ workers were also staying in the Markaz while around 2100 Indian TJ workers were touring different parts of the country for missionary work. Since March 23, the lockdown has been strictly imposed by State authorities/police across Delhi including in and around Nizamuddin and Tabligh work came to a halt.

As of now, nearly 1400 confirmed cases and 35 deaths have been reported. During the last 24 hours, 227 new confirmed cases and 3 new deaths have been reported.

 

 

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Pandemic – ‘Nationwide Lock-down’ A Tale of Caution & Hope

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Curfew Relaxation in Himachal Pradesh 3

Shimla-It’s for the first time in the history of our planet that the entire Humankind is together and is focused on fighting with one problem.

In India, from many days Doctors have been coming out and demanding a nationwide lockdown fearing the wrath of the virus which has been raging hell all across the world. The State has now responded and has ordered a 21-day lockdown for the entire nation, which is an unprecedented move.

The Lockdown is an extreme step which is demanded by these extraordinary circumstances. And as expected it has and will continue to have a huge impact on the economic health of the country. It has paralysed virtually all commerce and has put millions of people out of work, leaving many struggling with basic requirements like food and medicines. This has caused much debate in the media and elsewhere that whether we are ‘over-reacting’ to the coronavirus outbreak?

In this post, the author argues that the present step of a ‘National Lockdown’ is the most efficient and only available first response which the Government could have taken to tackle the immediate and ongoing existential crisis.

The viability of measures is to be seen through the lens of precaution and what might be the risk to reward outcome of the decision. The ‘precautionary principle’ which has had its evolution through various judgments of our Supreme Court ultimately boils down to an understanding that “if one is bound to err then always err on the side of minimising the risk and the scale of catastrophic harm than to take high-risk measures for immediate gains”.

The question which has arisen for consideration is,  ‘what is at stake by acting too strongly versus what is at stake by acting too weakly?.

The answer, when we think about it with any seriousness, is that too strong action will more quickly reduce wealth and economic activity; whereas too weak action could put crores of lives at stake across the country, and a far greater economic impact will await us down the line.

It is here then that the value judgments behind political decisions about pandemics come into full light. Are we willing to risk economic potency, or are we willing to risk our neighbours, friends, and elders’ lives? The United States and the United Kingdom who have not still imposed a complete nationwide lockdown and are also planning to lift the partial lockdown at the time of Easter (as announced by President Trump) have obviously given a very feeble response and have given considerable weightage to their economy rather than their people. India has chosen to completely focus on its people.

Precautionary Principle 

The Global pandemic and nature of this virus is a powerful reason for aggressively employing the Precautionary Principle to reduce our collective exposure to this deadly virus, an exposure which is grave.

It is hoped that a strong regulatory action which includes measures of forced quarantine, curfew and nation-wide lockdowns, (reduction of public transport/movement/contact) throughout the country would go some way towards lowering contagion even if not completely getting rid of it.

The basic point is that we need to consider the viability of measures through the lens of precaution, and always err on the side of minimising the risk and scale of catastrophic harm. We should be willing to make huge economic sacrifices. So that many of our fellow citizens don’t have their very lives sacrificed at the altar of ‘economic growth’.

The individual choices that we are all facing over the coming months should also be shaped by precaution. We need to be aware that passing this virus to others can create huge contagion cascades that infect thousands of people. It is only by taking pronounced physical distancing steps as early on as possible can we ensure that we are not fueling the wildfire of this pandemic. For many, this may mean a lonely few months, but that is by far a worthwhile price to pay to reduce the scale of this catastrophe.

A Caution- Listen to The Cry of the Poor and Homeless

Though the step by the Government of Lock-down is commendable, there are certain extremely important issues to be kept in mind.

Our country is home to the largest undernourished population in the world. It ranks 102 in the Global Hunger Index, has 1 in 5 people living on less than Rs.150 per day. We have the largest number of street children!

We need an Economic Task Force and a distribution strategy for the supply of essential commodities to the needy.

With the massive outbreak of COVID-19 across the country, there is a *huge and urgent* need of ration and other supplies for daily wage workers, workers in the informal sector as well as masks for doctors and nurses at the frontline.

There have been some announcements which have been made by the State to tackle the above situation such as:

  •  Pradhanmantri Garib Kalyan Yojana – Rs. 1,70,000 crore (Rs. 1.7 trillion) package for poor stuck in lockdown Rs. 50 lakhs insurance cover for health workers in Covid 2019 front.
  •  Pradhanmantri Ann Yojana – 800 Mn people will get additional free 5 kg wheat/Rice and 1 kg, Dal, for 3 months from ration
  • Farmers will get upfront Rs. 2,000 in their account directly
  •  MNREGA – Daily wages increased from Rs. 182 to Rs. 202. Rs 2,000 per worker will be an additional income.
  •  Old Age peoples – Poor senior citizen/widow / handicapped will get additional Rs. 1,000/pm for another 3 months.
  • Mahila Jan Dhan Account – Women will get additional Rs. 500/pm for another 3 months
  • Ujjwala Yojana – Below Poverty Level family will get free LPG cylinder for next 3 months
  •  Up to 20 lakh collateral-free loans for the SHGs from earlier 10 lakh crore cap
  • For organised sector employee and others who earn below Rs. 15,000 salary, Government will pay 12% + 12% provident fund (contribution of employee and employer) under EPF for the next 3 months.
  • EPFO regulations will be amended to allow workers under EPFO to draw up to 75% of their non-refundable advance or 3 months of wages, whichever is lower.
  •  State governments to be directed to utilise an existing Rs 31,000 crore welfare fund for the benefit for 3.5 crore construction workers

Hope & Love

Hope now is that the underprivileged will continue to receive help not only from the Government but also from the super-rich and the various religious institutions that India is so infested by and is proud of. If there was any time for religious institutions to shine this is exactly that time.

We live in a world where infinite money is printed to support corporations and banks and millions are donated to ‘Gods and Godmen’, at the same time nakedly excluding the millions homeless, who are left scrounging for their next meal. India can break this vicious cycle and take steps here out of compassion and empathy. India, the oldest civilization of the world can lead the world and show the light of ‘reason & love’ in its civilized response to the present existential crisis.

There is nothing we can do to change the constraints of our existence. Heartbreak and death await us all one day. As  Albert Camus once said;

 Love is not just a confrontation with the absurdity of the world; it is a refusal to be broken by it.  It is our choice whether we shrink from the slings and arrows of fate, or whether we stand in the full light of the sun while it shines above us.

India! its time to stand at a “physical distance” but stand Together.

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