Tag Archive 'Court'

Aug 14 2008

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pooja

Niketa Mehta suffers miscarriage!

Filed under India

Niketa Mehta, who loses the case of her appeal eight days back in Bombay High Court to abort her 25-week-old fetus detected with a congenital heart problem, has suffered a miscarriage on Wednesday. His husband, Haresh Mehta, a stockbroker, had confirmed the news that she suffered a miscarriage on August 12.

Haresh Mehta blamed intense media pressure for his wife’s high blood pressure and increased stress level which led to the miscarriage.

The couple had challenged the country’s 37-year-old abortion law (Pregnancy Act of 71) that does not allow termination of pregnancy beyond 20 weeks unless it harms mother’s life or health.

After medical reports that her child would be born with a complete congenital heart blockage and malpositioned arteries, the couple had sought the termination of the 25-week-old pregnancy. But on August 4, the Bombay HC dismissed the plea saying that the case is not convincing.

The medical report had claimed that the child would have required a pacemaker soon after birth. The case has divided the country into two sides - one against the abortion and the other which favors the couple.

Confirming that his wife Niketa had a miscarriage on Tuesday, Haresh Mehta said, “If not the court, at least god was on our side.”

Well, its god own justice to the couple and their unborn baby. Whatever it happens, it happens for good but the case had caught much attention by the country and media which left many questions unanswered. Should the 37-year-old abortion law needs amendment? It is the one of the biggest question on the law.

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Aug 05 2008

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pooja

Even God cannot save this country: Supreme Court!

Filed under India

“Even God will not be able to save this country.”  This is the statement pronounced by a fuming Supreme Court on Tuesday stated while criticizing the government for its decision of not amending Section 441 IPC (criminal trespass) for prosecuting squatters of government accommodation in the country.

A bench of Justices B N Aggrawal and G S Singhvi uttered its anger as the Additional Solicitor General Amarender Saran bluntly told the court that the Union government has decided not to amend Section 441 IPC (criminal trespass) for prosecuting squatters of government accommodation in the country.

The apex court also added, “In India even if God comes down he cannot change our country. Our country’s character has gone. We are helpless.”

Furious on the refusal to amend the law for launching criminal prosecution against those who illegally occupy official houses, the bench of justice said, “We are fed up with this government. They don’t have the guts to differ with the opinion of the clerks.”

The government took the stance that the existing provisions provided under the Public Premises Act was sufficient to evict those illegally occupying government accommodation. Moreover, it claimed that out of 99,100 government houses only 300-odd dwellings were under unauthorized occupation for which had been made to evict them.

The apex court was upset with the centre for not doing anything about illegal occupants of government houses and refusing to bring in harsher laws.

The court said PILs are being filed before it by people who are vexed with the approach of the government on various issues.

“You complain about judicial activism when you are in power. When you are not in power you come to us for remedy,” the 2-judge bench remarked.

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Aug 05 2008

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pooja

The parents who appealed to abort their fetus, plea rejected!

Filed under Health

The Bombay high Court on Monday dismissed Niketa Mehta and Harish Mehta’s plea to abort their unborn 24-week-old fetus which may have a congenital heart defect.

The couple appealed in the court after they discovered that the unborn child had blockages in heart. They appealed that they won’t be able to afford to care for the baby or endure the trauma. But the court did not find the case convincing and dismissed the appeal. The court ordered a special committee from JJ Hospital to “give an additional confirmed opinion”.

“Can a life be killed once you have it,” the court asked.

The couple are pleading the case on the basis that the child is suffering from a congenital heart block that would require a permanent pace-maker, meaning that the child would have a disabled life and would also hurt them financially which they would not be able to afford in the long run.

Different specialists gave different views on the matter. According to report of JJ Hospital, there are very less chances of having a congenital handicap at birth.

While the couple, who had love marriage and the unborn baby is their first child, cited doctor’s report that asserts that the child will suffer critical problems even with a pace-maker some experts said that there might not needed any operation while pregnancy or immediately after birth to cure the baby. The baby can survive normally with a pacemaker

The issue became debatable and it is still on. The couple is confused whether they should appeal in Supreme Court or should they leave the case. Some lawyers said that it is like a case of mercy killing.

This is not the issue of mere choice. Its not a thing one can choose with his/her wish. It is a matter of life- a human life. No one has any right to destroy a life but this case is a bit different. Choice is to terminate the life before birth or to provide a life time pain to the child as well as the parents. Is it justified to terminate the life?

The case also gave rise to a debate whether there should be amendments in the abortion law. The case had given a challenge to the country’s 37-year-old abortion law that does not allow termination of pregnancy beyond 20 weeks unless it harms mother’s life or health. But the government ruled out on Monday amending the abortion laws in consideration of similar cases.

“As it is today going by just one case, I do not think the law can be amended,” Union Health Minister Anbumani Ramadoss told the media.

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Jun 24 2008

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Alok Vats

Bijal rape case: 5 accused get life imprisonment!

Filed under Crime

Bijal Joshi,24, who was gang raped on 31 December 2003 night and has ended her life on January 7, 2004 by hanging herself in the room, got justice after a long time of four and a half years. Delhi-based businessman Sajal Jain and his four friends, who gang raped Bijal after a New Year Eve party were sentenced to life imprisonment by an Ahmadabad sessions court on 20 June 2008, Friday.

Sajal, son of the owner of Delhi’s Apollo Millennium Hospital, who was a married guy and have 2 children was in an extramarital relationship with Bijal. Sajal (33), his friends Chandan (27), Ashok alias Mandan Jaiswal (26), Sugam Jaiswal (26), Dharmendra alias Karan Jain (30) and Manish Jain  were celebrating new year party with Bijal in Ashoka hotel of Shahibaug area of the city.

The five men, who were on a drinking binge, spiked her drink and raped her in the hotel room number 106. They together gave physical tortures to her. They beat her and burned her with cigarette stubs. She was beaten, bitten and flogged into subjugation. Her back, arms, breasts and integral parts were burnt with cigarette butts. Later they abandoned her in a car on a highway and called up her sister, Vaishali, the next morning, asking her to pick up Bijal.

After her initial medical examination at the Civil Hospital on January 1, Bijal had been rushed and admitted to a private hospital by her sister for better treatment. She was in severe pain. Some of the Doctors, who checked her had said, “The injury marks were so awful that we could not sleep for days.”

Incapable to bear the tortures and humiliation, Bijal ended her life on January 7, 2004 and accused Sajal and his friends for her suicide.

Investigating officers had tried to portray Bijal as a woman of loose morals till senior officers stepped in after a public outcry.

Sajal was arrested then in Apollo Millennium hospital. There was a big drama going in the hospital. The doctors initially said that he was suffering from poisoning and didn’t let the police to meet him. It was told that he had consumed rat poison. He had been admitted to the ICU on January 9. The hospital hadn’t reported his presence to the cops and no medical reports were produced even as the team kept on waiting. His father told reporters that his son was innocent.

Later when it was reported that his father had a stake in the hospital, cops started turning on heat. He was shifted to the general ward and the doctors let it be known that his condition had “improved”.  Finally Sajal was arrested and taken to Ahmedabad.

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May 22 2008

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Alok Vats

Bihar court summons Sonia Gandhi!

Filed under Politics

Congress president Sonia Gandhi who was allegedly outraging religious feelings of Hindus for her depiction as Goddess Durga in a poster at the party’s Muradabad office in Uttar Pradesh is issued a notice by Muzaffarpur court on Wednesday to appear in the court on June 26. Uttar Pradesh Congress Committee chief Rita Bahuguna and Muradabad District Congress Committee president Ajay Taleshwar Soni are also summoned along with Sonia.

A fast-track court judge Vijay Kumar Mandal ordered issue of summons to her after hearing the complainant, an advocate Sudhir Ojha. District Judge H K Srivastava had on March 25 admitted the complaint filed by Ojha against Gandhi and the others.

Mandal directed that Sonia Gandhi, Bahuguna and Soni should appear in person or their counsels on the next date of hearing on June 26. If failed to do so, the court would be compelled to take an unilateral decision.

Earlier, the court had on April 14 issued notices to them asking them to explain their position on Wednesday.

The charges were made under three sections of IPC: Sections 295 (injuring or defiling place of worship with intent to insult the religion of any class), 295 (a) (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious belief) and 120(b) (criminal conspiracy).

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Mar 03 2008

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Alok Vats

Dhoni in trouble for an Ad film shooting!

Filed under Lifestyle

M S DhoniIndian Cricket captain Mahendra Singh Dhoni is in trouble for not giving sufficient time for shooting an advertisement to a company as per agreement. Company is thinking to take the case in the tribunal for not giving enough time by Dhoni.

Managing Director of Karnataka Soaps and Detergent Ltd. (KSDL), B.H. Anil Kumar said while launching six products of the company, “We will soon reach a decision for the settlement of this matter with Dhoni in the court”.

In 2006 Company has made a two year agreement with Dhoni saying that he will have to give a ten day time period for the advertisement of the products of KSDL. Anil kumar said,” Although he had given 3 days in 2006 but was not back for remaining days after so many reminders”.

Anil said that company has asked him to increase the time period of agreement by 6 months against his absence but still he didn’t responded for the same and at last KDCL has to cancel the agreement.

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