Showing posts with label Political. Show all posts
Showing posts with label Political. Show all posts

Friday, December 18, 2015

National Herald case: Sonia, Rahul may not invoke Indira's 'give me handcuffs' dare, may get home in time for tea




National Herald case: Sonia, Rahul may not invoke Indira's 'give me handcuffs' dare, may get home in time for tea





by Bikram Vohra  Dec 19, 2015 10:43 IST
Mrs 'arris went to Paris. The Gandhis are going to court armed with bail bonds. Will
 it be a massive sensation or will it fizzle out?
The Gandhi family loves the taste of martyrdom. And they do have a sense of the
occasion.
 Indira Gandhi sprinkled it with zest and vigour, her ‘give me handcuffs’ appeal on
 a roadside culvert at the Delhi border after her arrest in October 1977 made the Janata
 government look silly and inept and gave her theatrics legendary status.
Sonia and Rahul Gandhi’s legal team is set to appear before court Saturday armed with 
bail bonds, newspaper reports have confirmed.
The Gandhis’ legal team figured that “it will serve no purpose” if they don’t seek bail 
because the case is “politically motivated,” reports The Indian Express.
Pale, off-white clothes and a dash of martyrdom, maybe?
Pale, off-white clothes and a dash of martyrdom, maybe?
Sonia Gandhi and Rahul may
have an opportunity to
outperform the Indian Iron lady
as they march off to answer a
summons in court pertaining to
the embezzlement of thousands
of crores in what has come to be
known as the National Herald case.
Simply clad, pale and stoic would 
be their tone, perhaps off-white 
clothes and an expression of wounded dismay with a bit of stiff upper lip and a ‘what else 
can you expect’ look on their faces. Stonefaced Mum and 'what me worry' son.
They probably have rehearsed their entry and will silently ooze suffering while their
 supporters will make all the noise outside the premises that might stretch into a law and 
order problem in the city. The whole aim will be to twist the situation around as an 
indictment of the Modi-led government and display it as evidence of non-governance and
 what has been labelled ‘vendetta politics.’
Subramanian Swamy has petitioned the courts filing charges against Sonia Gandhi,
 Rahul Gandhi, Oscar Fernandes and Motilal Vora of “fraud, (offences under Section 
420), breach of trust, conspiracy.”
Drama in the court itself is unlikely and one imagines after they have pleaded ‘not guilty’ to 
whatever charges are read out bail will be set, paid and they will go home for tea, if not
 lunch. One cannot see them being physically detained at this point especially once they 
enter the ‘not guilty’ plea. Even if they are arrested (which technically could happen) 
one cannot see them being confined to a holding cell.
Legal experts tell Firstpost the entire legal procedure could be thoroughly devoid of drama
 and get over in a matter of few minutes, maximum half and hour.
If there are any theatrics we will have to look to the Congress rank and file who will want 
to whip as much anti-Modi sentiment as they can. For them every negative scenario is 
exploitable and packaged as evidence that the BJP is engaged in a witch-hunt, not in running
 the country.
Since for the mother and son it is their date in court, it makes sense to go through the
 formalities swiftly and dispense with the case for the day so that the part cadre is not
 given enough time to foment trouble and cause disruptions in the capital. They are 
already making inflammatory statements about what they will do by way of protests in case
 the Gandhis are detained. The longer the duo are made to sit there in the courthouse the 
more the chances of there being clashes between Congress and BJP workers.
Most likely, they will, along with five others, give an assurance of appearing when 
summoned and surrender their passports or agree to seek permission from the court 
before travelling abroad. That guarantee should satisfy the needs of the law.
The public perception to the Subramanian Swamy gambit at this moment is one of casual 
indifference and the mood seems to have made more sombre by the disruptions in 
Parliament than by this flurry of accusations. He is seen neither as a crusader or a hero,
 just as a person lost in yesterday trying hard to gain attention today.
This sideshow hasn’t captured much attention outside Delhi and is seen as more of the 
same with patience wearing thin over the long string of accusations and counter accusations 
between these two parties. But it could balloon into a major national crisis if the Gandhis are 
incarcerated.
Legally, proving the Gandhis guilty of malfeasance will take a long time and only get more 
confusing by each hearing. It is also in legal speak a very tenuous linkage and not easy to 
prove deliberate criminal 
conduct.
Sadly, the spill-over will hit Parliament’s functioning and the final four days are not likely to
 see much work done and it will need a miracle to pass the GST bill which will now be placed
 on hold till April 2016.
Perhaps the only advantage for Saturday is that the Kejriwal-Modi impasse will be eclipsed 
by this appearance and he can take a day off from badmouthing the Prime Minister.

Tuesday, April 15, 2014

SC recognises third gender, glimmer of hope for gays

SC recognises third gender, glimmer of hope for gays

Written by Utkarsh Anand | New Delhi | April 16, 2014 12:24 am

Supreme court (L), Restroom for transgenders at the office of the India HIV/AIDS Alliance in Zamrudpur, South Delhi. Renuka PuriSupreme court (L), Restroom for transgenders at the office of the India HIV/AIDS Alliance in Zamrudpur, South Delhi. Renuka Puri

SUMMARY

Rights : Transgenders to be treated as backward class, get education, job quotas

In a historic judgement that put personal autonomy and right of choice on par with human dignity, the Supreme Court Tuesday granted constitutional recognition to transgenders as a third gender and also gave them the right to have family.
The court directed the government to treat transgenders as a socially and educationally backward class, entitled to quotas like OBCs in educational institutions and for public appointments.
A bench of Justices K S Radhakrishnan and A K Sikri held that transgenders, as a distinct “third gender” category, will have all rights under the law, including the right to marry each other, adopt, divorce, succession, inheritance and also to claim benefits under welfare programmes such as MNREGA.
“We hold that values of privacy, self-identity, autonomy and personal integrity are fundamental rights guaranteed to members of the transgender community under Article 19(1)(a) of the constitution of India and the state is bound to protect and recognise those rights,” the court said.
Maintaining that “self-defined sexual orientation and gender identity is integral to their personality,” the bench asked authorities to frame social welfare schemes and intensive health care programmes for transgenders, after underlining that an estimated 23.5 million men have sex with men (MSM) in India.
The bench gave the Centre, states and union territories six months to implement its judgement.
   
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It noted that since transgenders in India were neither male nor female, treating them as any of these categories was “denial of their constitutional rights and social justice”. The court said “moral failure lies in the society’s unwillingness” to embrace such gender identities and expressions…”a mindset which we have to change” in the wake of “new social needs”.
The bench said the discrimination faced by transgenders, also known as Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakthis, among others, was “unimaginable” and their rights had to be protected, “irrespective of chromosomal sex, genitals, assigned birth sex, or implied gender role” to ensure a dignified life for them.
It said a psychological test and not a biological test has to be used to identify transgenders and by recognising them as a third category, the SC was “only bridging the gap between the law and the life”. The court added that any insistence to undergo a sex re-assignment surgery was “immoral and illegal”.
Significantly, the verdict also opens a window of hope for the other three categories of what is called the LGBT community, comprising lesbians, gays, bisexuals and transgenders.
Four months ago, another SC bench had turned the clock back on homosexuals by withdrawing the legal protection granted to them by the Delhi High Court in 2009. The high court had decriminalised gay sex by holding that Section 377 of the Indian Penal Code, by criminalising consensual sexual acts of adults in private, violated Supreme court (L), Restroom for transgenders at the office of the India HIV/AIDS Alliance in Zamrudpur, South Delhi. Renuka PuriSupreme court (L), Restroom for transgenders at the office of the India HIV/AIDS Alliance in Zamrudpur, South Delhi. Renuka Puri

SUMMARY

Rights : Transgenders to be treated as backward class, get education, job quotas
the principles of equality and non-discrimination in the constitution.
Under Section 377, voluntary “carnal intercourse against the order of nature with any man, woman or animal,” is punishable with imprisonment from 10 years to life.
   
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Withdrawing the legal protection to what it called a “minuscule fraction of the country’s population,” the SC had ruled that Section 377 will continue making gay sex – “irrespective of age and consent” – a crime and also rejected the argument on discrimination against this class.
However, Monday’s verdict asserted that any “discrimination on the ground of sexual orientation or gender identity” impaired equality before the law and hence violated Article 14 of the Constitution.
“Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom,” the bench said.
It emphasised that a constitutional court cannot be a mute spectator when these rights are violated and it is rather expected to safeguard them, acknowledging the pulse and feeling of that community, “though a minority”.
The court also pointed out that the term “transgender” will include gay, lesbian and bisexual. But it stopped going further on this by saying: “While dealing with the present issue we are not concerned with this aforesaid wider meaning of the expression transgender.”
A curative petition against the re-criminalisation of gay sex is likely to be listed in the SC soon and Monday’s judgement is expected to come handy for legal arguments since sexual activity, including carnal intercourse and oral sex, among transgenders is no more a crime after their identification as a third gender while it remains a crime for lesbians, gays and bisexuals.
Senior advocate Anand Grover, who represents the LGBT community in the fight against Section 377, told The Indian Express that he was encouraged by the judgement stressing that non-discrimination due to the “sexual orientation” of a person violated human rights.
The verdict on transgenders came on a PIL by the by the National Legal Services Authority, which asked for ending social, political and cultural ostracism of transgenders by granting them legal status of a third and equal sex.

Narendra Modi sidesteps question on apologising for Gujarat riots

Narendra Modi sidesteps question on apologising for Gujarat riots

PTI  Ahmedabad, April 16, 2014
First Published: 03:31 IST(16/4/2014) | Last Updated: 03:49 IST(16/4/2014)
Sidestepping the question of apologising for the 2002 Gujarat riots, Narendra Modi on Tuesday night said the Congress should first account for their "sins" before asking him to tender an apology.
The BJP Prime Ministerial candidate was asked during an interview with TV 9 channel that there was a demand he should apologise for the riots in the state that broke out when he was the chief minister.
Read: Modi’s headstart has Cong worried
Q) There have been a series of allegations against you because of Gujarat riots. You have expressed regret but haven't apologised. These people are asking for apology.
A) Who are these people?      
Q) Congress.
A) None from Congress have come to meet me. Nor they have even spoken about it(apology). Congress people should first account for their sins before seeking account from others.
The BJP Prime Ministerial candidate was also asked whether he agreed with the statements made by leaders like Prime Minister Manmohan Singh and Finance Minister P Chidambaram that he was a "danger" to the country.
Q) Are you a danger?      
A) I have not heard Manmohan Singh speak like this during his ten-year tenure. Modi also said that he has been taking care of Gujarat during his chief ministership for the past 12 to 15 years. The chief minister said if there is a danger from any person it can be also from anyone living in a street or any mohalla.

Three Congress workers held for distributing cash to voters in Pune

Three Congress workers held for distributing cash to voters in Pune

Press Trust of India | Apr 15, 2014 at 11:50pm IST

Pune:
 Three Congress workers were arrested for allegedly distributing cash to voters on the last day of campaigning for the second phase of Lok Sabha polls on Tuesday, police said.

Monday, March 31, 2014

Deep character flaws in Narendra Modi, says Chidambaram

Deep character flaws in Narendra Modi, says Chidambaram

Deep character flaws in Narendra Modi, says Chidambaram
Finance Minister P Chidambaram defended UPA government's economic record
New Delhi: Finance Minister P Chidambaram today derided as "puerile" the list of 18 questions posted on the weekend to him by the Opposition BJP's Yashwant Sinha, who described him as a "spoiler" for the economy. (Read: Chidambaram will be remembered as a spoiler, says Yashwant Sinha)

Mr Chidambaram, defending his government's economic policies and listing their benefits, said, "I will keep a firm hand on the wheel till the last day. I hope to pass it on to someone equally firm." (Read: Market rally due to Centre's stability, not due to some 'fond hope', says Chidambaram)

Mr Chidambaram, 68, is not running for Parliament - he has vacated his constituency in Tamil Nadu for his son. He made it clear today this is not the end of his political run. "I said I am not contesting these elections," he said.

The election comes as India struggles through its longest period of sub-5 percent economic growth since the 1980s. Mr Chidambaram, a Harvard-trained former lawyer, is often credited with overseeing India's years of fastest growth from 2004 to 2009. But he was less successful in his third stint in the Finance Ministry from 2012, a period of economic malaise that has fuelled the slide in his party's popularity.

Investors, who once praised the minister as a market-friendly reformer and a good candidate for Prime Minister, are now cheering for Narendra Modi, the BJP's choice for PM.

"Modi has deep character flaws," Mr Chidambaram said, repeating his party's allegation that the BJP candidate is a divisive leader who fuels communal tension. "His brand of capitalism is crony capitalism," he said of Mr Modi, who is credited with giving Gujarat a booming economy.

West Bengal tracker: TMC 23-29 seats, Left 7-13, Congress 4-7, BJP 0-1

West Bengal tracker: TMC 23-29 seats, Left 7-13, Congress 4-7, BJP 0-1

CNN-IBN | Mar 31, 2014 

Transgender Kamla to take on Narendra Modi and Arvind Kejriwal in Varanasi

Transgender Kamla to take on Narendra Modi and Arvind Kejriwal in Varanasi

Monday, 31 March 2014
  • Transgender candidate
A new candidate has declared war against BJP's prime ministerial candidate Narendra Modi and AAP's chief Arvind Kejriwal in Varanasi.
Haji Vashir alias Kamla, a transgender, announced her candidacy for Varanasi Lok Sabha Constituency in a press conference today.
Vashir is confident that people of Varanasi will choose her as their leader as oppose to Modi, Kejriwal or gangster-turned-politician Mukhtar Ansari who is also a four-time MLA from Mau (sadar) constituency.
Vashir, who had contested twice in the legislative assembly elections, says that she will distribute bangles to other opposition leaders after winning the Lok Sabha seat.
Corruption and poverty alleviation are listed on top of her agenda. 
At a time when LGBT rights have finally found a place in the manifestos of the political parties, a strong representation from transgender community directly taking on the bigwigs is a welcoming sign. The much-talked-about Varanasi contest just turned more interesting!

Narendra Modi has 'deep flaws' in his character: Chidambaram

Narendra Modi has 'deep flaws' in his character: Chidambaram

PTI  New Delhi, March 31, 2014COMMENTS
Finance minister P Chidambaram on Monday attacked BJP's PM candidate Narendra Modi saying there are "deep flaws" in his character and warned people against the "danger" from one individual taking over the party, cabinet and government.
"It is no longer BJP led by Modi. It is BJP supplanted by Modi. These are dangerous things that people of India must watch carefully. If party, democracy, republic, cabinet, government, everything is supplanted by one individual, then it is dangerous.
"I, me, mine (of Modi)....people have enough time to reflect", the senior Congress leader told reporters at the AICC headquarters in New Delhi.
Chidambaram's attack came close on the heels of Modi targeting Sonia Gandhi at an election rally in Assam and demanding that she come clean on who helped the two Italian marines get "safe passage" from the country after killing two fishermen off the Kerala coast.
"Sonia Gandhi should answer the people on who helped the two Italian marines get safe passage from India after killing two fishermen in Kerala," he said.

Read: Modi targets Sonia, says don't give lessons in patriotism
Hitting out at Modi, Chidambaram said, "There are deep flaws in his character. He cannot resist from making such provocative and derogatory remarks."  
The finance minister said that Modi had made "such perverse characterisation" of a former chief election commissioner by calling him as 'James Michael Lyngdoh' in election meetings apparently referring to his religion.
"Referring to people practising a certain faith, he had said 'ham panch, hamare pachis. (we five, our 25)'. When he referred to the Congress president sometime back, he said 'das numberi'," Chidambaram said.
He said he was "astonished" by the fact that the party to which he belonged does not point out these "deep character flaws" in Modi. "These are the traits in his character about which we have been talking for the last two years."  
Turning to the Italian marines issue, Chidambaram wondered what the country of the Congress president's origin had to do with it as it was a matter before the Supreme Court and the issue was between the lawyers and the courts.

Read: BJP's only goal is to grab PM chair, says Sonia Gandhi
Chidambaram also attacked Modi for his remarks that he would go after the former Maharashtra chief minister Ashok Chavan, fielded by Congress from Nanded, in the Adarsh Housing scam.

"Is he going to appoint himself as a director of CBI. Modi has said that he will go after Chavan, that is an astonishing statement. But if he is appointing himself as CBI director, then he will have to go against several others in his own party from the south of the Vindhyas and east of the Vindhyas. There are several people", he said.
He was asked about Modi's statement against Chavan while ignoring the CBI charge sheet against a BJP MP from Maharashtra, Ajay Sancheti, who has been accused of having eight benami flats in the Adarsh society.
Responding to questions on the SIT 'clean chit' to Modi in post-Godhara riots, Chidambaram said the SIT had limited mandate and did not have all the powers that the police have.
Full Coverage: My India My Vote

"SIT gave a report, which has been accepted by the first court. That report has been challenged in higher court. The final word is not yet out. It is wrong to describe the SIT report to the first court as a clean chit," he said.
On Uma Bharati reportedly raking up the Ram temple issue, he said she has spoken her mind. "She is candid and truthful.
Many of the BJP leaders are not as truthful as Uma Bharati."  

"Deep down, there are many BJP leaders who believe that the temple must be built at the site where the masjid was demolished, uniform civil code should be brought and Art 370 giving special status to Jammu and Kashmir should be done away with," he said.
To a question about the prime ministerial capability of Rahul Gandhi, he said that the Congress vice president will be an "earnest, hardworking, concerned and compassionate" PM and while he has his own ideas, there will be many in the party and the government to give him suggestions.
With the UPA-II's image tarnished by several scams and controversies, the senior minister admitted that the government and the party could have communicated better on issues like 2G spectrum and coal blocks allocation.

Replying to questions, he also said that he wanted that India should have supported the United Nations Human Rights Resolution against Sri Lanka even though the ministry of external affairs chose otherwise.
"I feel we should have voted for the resolution. After all 23 countries voted for it. At least, we would have had the satisfaction of voting for a resolution that called for action against human rights violation in Sri Lanka. My personal view is that we should have voted for the resolution," he said.

Tuesday, March 25, 2014

Kejriwal enters Varanasi ring, dares Modi to verbal bout

Kejriwal enters Varanasi ring, dares Modi to verbal bout

HT Correspondent and Agencies  Varanasi/New Delhi, March 25, 2014 
Aam Aadmi Party leader Arvind Kejriwal set up a spectacular poll battle on Tuesday by declaring he would take on the Bharatiya Janata Party’s prime ministerial nominee, Narendra Modi, from Varanasi in the forthcoming Lok Sabha elections. He also challenged Modi to a political debate in Varanasi. 

“I challenge Modiji to a debate here in this ground. If he doesn’t come, then understand, something is wrong,” he said, once again questioning Gujarat’s development model. In his almost hour-long speech, Kejriwal asked people to  “turn this election into a revolution and defeat both the BJP and Congress”.
The AAP leader announced his decision at a public rally at which he sought support from the attendants for taking on the BJP strongman. The crowd at his rally erupted in affirmative cheer as he asked them: "Do you want me to contest against Modi from Varanasi."
“I am ready to challenge Modi with the support of the people. I do not have any money. You will have to donate money to me. I request you to help me financially like Madan Mohan Malaviya was helped when he wanted to build the Banaras Hindu University,” Kejriwal said after seeking the opinion of the people.
“If Rahul Gandhi and Narendra Modi are defeated in their constituencies, there will be a huge political shake-up. We have to defeat the Congress and the BJP in the Lok Sabha elections to bring positive change in the country,” he said.The former Delhi chief minister also renewed his attack on Mukesh Ambani and Adanis as he claimed they sponsored Modi and Congress vice-president Gandhi’s travel across the country. “These industrialists control the country through their grip on the BJP and the Congress.” He said the nexus between the two parties needed to be broken.
Kejriwal vowed to defeat Modi and attacked his claims of development in Gujarat, saying the BJP’s PM nominee would spell trouble for the people of the country if voted to power.
The AAP leader earlier arrived in Varanasi amid hostility from Modi's supporters that triggered an ink attack.
"I don't see Banaras as a losing battle. I will defeat Modi in the Lok Sabha election,” Kejriwal told a television channel, shortly after reaching Varanasi by train from New Delhi.
Eggs were also thrown at his car outside the Kashi Vishwanath temple, with the protestors steadily raising anti-Kejriwal slogans and asking him to leave the Hindu holy city.
Calling him a "traitor", hundreds of slogan-shouting people blocked his cavalcade while keeping up a steady chant of "Modi! Modi!".
Security personnel had a tough time controlling the crowd. The demonstrators said they wanted only Modi to contest the Lok Sabha battle from Varanasi.
Later, as Kejriwal proceeded towards the rally ground in an open vehicle ringed by hundreds of supporters, ink was thrown at him.
The ink stained his face and clothes and also those of his party leaders Manish Sisodia and Sanjay Singh.
The man who threw the ink was identified as Ambrish, said to be a member of the Hindu Vahini Sena. Police whisked him away. All through the route, many waved black flags and raised anti-AAP slogans.

Earlier, Kejriwal took a dip in the Ganges. His forehead was smeared with sandalwood paste as he came out of the Kashi Vishwanath temple, a Varanasi landmark.
Kejriwal added: "I prayed to god to give me the strength to fight and save the country."
Kejriwal supporters in hundreds have been campaigning for him for days in Varanasi.
The BJP had on March 15 named Modi as its Varanasi candidate putting to rest speculation and squabbling over the seat which is held by party veteran Murli Manohar Joshi who has been moved to Kanpur.
“The party had urged me to contest against Narendra Modi, and I accept the challenge,” Kejriwal told a rally at Bengaluru’s Freedom Park on March 16. “While I am ready to take the challenge I would ask the people of Varanasi if they want me to fight election from there,” he had said.

Lok Sabha polls: Bollywood veteran BJP fields Vinod Khanna in Punjab

Lok Sabha polls: Bollywood veteran BJP fields Vinod Khanna in Punjab

Bollywood veteran Vinod Khanna will contest the Gurdaspur Lok Sabha seat in Punjab, BJP announced as it released a list of nine more candidates tonight.
Bollywood veteran Vinod Khanna will contest the Gurdaspur Lok Sabha seat in Punjab, BJP announced as it released a list of nine more candidates tonight.

NEW DELHI: Bollywood veteran Vinod Khanna will contest the Gurdaspur Lok Sabha seat in Punjab, BJP announced as it released a list of nine more candidates tonight. 

Khanna will take on Punjab Congress chiefPratap Singh Bajwa who had defeated him in the last election in 2009 by a narrow margin. 

BJP has fielded Ram Swaroop Sharma for Mandi parliamentary seat in Himachal Pradeshwhere he will take on Congress's Pratibha Singh, the sitting MP and wife of Chief MinisterVirbhadra Singh. 

The party also declared candidates for three seats in Uttar Pradesh where Keshav Mouryawill contest from Phulpur Lok Sabha seat, Sharad Tripathi from Sant Kabir Nagar andRajesh Diwakar from Hathras (SC) seat. 

In Jammu and Kashmir, the party has fielded Arif Majeed Pampori from Srinagar seat. 

In Odisha, BJP has fielded Sarat Dash from Bhadrak (SC) seat and Amiya Mallick from Jajpur (SC) seat.
 

1984 anti-Sikh riots: court dismisses plea to prosecute cops

1984 anti-Sikh riots: court dismisses plea to prosecute cops  
 Story Dated: Tuesday, March 25, 2014 
Victims of the 1984 anti-Sikh riots protest outside Karkardooma Court in New Delhi. File Image: PTI
New Delhi: A plea seeking the prosecution of four Delhi Police officers for allegedly destroying the records and files of a 1984 anti-Sikh riots case, has been dismissed by a court here saying those documents were not relevant and their preservation was not required.

Additional Sessions Judge Kamini Lau rejected the plea of Special Public Prosecutor(SPP) B S Joon who had sought framing of charges of destruction of evidence and criminal conspiracy against the then SHO Police Station Nangloi Inspector Rampal Singh, SI Dalel Singh, the then ACP Amarender Kumar Singh and the then SHO R S Dahiya.

"In view of my discussion, I hereby conclude that the SPP has failed to bring before this court any material, even prima facie, which would show the complicity of the then ACP Amarender Kumar Singh and the then Inspector R S Dahiya in the criminal conspiracy alleged to have been hatched by the accused Dalel Singh and Ram Pal Singh for destruction of record of the present case.

"Rather, there is a total failure to even highlight and establish if there existed any material which was relevant evidence and was required to be preserved and therefore in the absence of the same, the question of destruction does not arise," the judge said.

The court also said the application was filed by the prosecutor after 22 years when the case is at the stage of final arguments and is dismissed as it is "bereft of all details having nexus to the case".

The court was hearing the riot case which was registered in 1991 with regard to the killing of four persons and the records and files were alleged to have been destroyed in 1992.

Joon in his application had alleged these four officials were responsible for destroying the relevant records relating to 1984 anti-Sikh riots of Nangloi Police Station which they did deliberately to save the accused in the present case despite lodging of the present FIR on August 28, 1991.

In the riot case registered at Nangloi police station, accused Satpal Gupta, Dalel Singh, Ram Pal Singh and Karan Singh are facing trial while two others Prem Chand and Ram Niwas died during the pendency of the case. 

The court said even if it was presumed that some records, whose details the prosecution failed to give, were allegedly destroyed, the then ACP and the SHO cannot be summoned and proceeded against in the absence of any sanction granted by the competent authority for prosecuting them.

"...Hence in this background, there is no question of framing the additional charge under Section 120-B (criminal conspiracy) and 201 (destruction of evidence) of IPC against the accused Ram Pal Singh, Dalel Singh or against other officers of Delhi Police." it said.

The court said all the allegations made by Joon were general and non specific and he has vaguely stated that photographs of the damaged/burnt house of one Gurbachan Singh, samples lifted from the spot and entries regarding the cremation of dead bodies have been destroyed but has not been able to inform whether the photographs were actually taken or exhibits lifted from the spot or details of cremation entered in the Roznamchas.

"Even before the alleged destruction of entire records of police station, the Ranganath Mishra Commission had already summoned and perused the relevant entries and records. Had these entries and records relating to photographs...., I am sure it would have been produced before the Commission," the judge said.

The court said no doubt the official record, including certificates, inquest papers, untraced and cancelled files were destroyed on February 5, 1992 as admitted by the Delhi Police, but it was evident that the destruction was carried out as per the provisions of Delhi Police Rules and the Standing Orders therein after following due procedure.

It also said the victims and the Special Investigation Cell, to whom the probe of all the riot cases were transferred, had failed to request and seek preservation of the relevant record and "it does not lie in their mouth to now rake up this issue after 29 years".