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Hindustan Times
10 hours ago
- Hindustan Times
Nitish Katara murder: SC allows release of one convict, extends interim bail to another
The Supreme Court on Tuesday ordered the release of Nitish Katara murder convict Sukhdev Pehelwan on completing 20 years of his life-term sentence, without any remission, even as the court, in a separate proceeding, dismissed a plea by another convict, Vikas Yadav, who challenged the 25-year bar on remission imposed as punishment for the crime committed in 2002. The Supreme Court of India. (Representative photo) In his petition, Pehelwan sought release, contending that the judgment of the top court convicting him in October 2016 had imposed a fixed-term sentence of 20 years without remission. A bench of justices BV Nagarathna and KV Vishwanathan accepted the argument and held that as per the 2016 decision, the 20-year sentence ended in March. 'In these circumstances, he is entitled to release…He shall be released forthwith if not wanted in any other case,' the court said in its order. The contentions of senior advocate Siddharth Mridul, representing Pehelwan, were challenged by the Delhi government, represented by additional solicitor general (ASG) Archana Pathak Dave, who said that the judgment only says that he would be eligible to be considered for remission after a 20-year sentence. She said that the life sentence will continue as a punishment in his case. The bench said, 'Once court has quantified a sentence without remission for 20 years, there is no sentence beyond 20 years.' The ASG pointed out that the Sentence Review Board (SRB) has considered his case for remission and dismissed it on March 28, on the grounds that he has 'potential for committing crime.' The bench took exception to the SRB order and said, 'How can SRB sit over judgment of this court? Once a convict has completed a sentence, he is entitled to release. You are mixing it up with remission... If this is the attitude of the government, then every convict will die in jail even if he has completed the sentence.' Meanwhile, another bench of the Supreme Court dismissed Vikas Yadav's petition questioning how the top court could direct him to remain in jail for a period of 25 years without remission. He had approached the top court in 2022, after he had undergone an actual sentence of 21 years. Dismissing his plea, a bench of justices MM Sundresh and N Kotiswar Singh said, 'We are not inclined to exercise our power under Article 142. The petition is dismissed, giving liberty to the petitioner to approach the high court.' The court had earlier granted interim bail to Yadav, who is the son of former member of Parliament DP Yadav. Senior advocate Guru Krishnakumar, appearing for Yadav, requested the court to continue his interim bail for a further period of six weeks as the period of bail expired on Tuesday. The court extended it by another four weeks, while observing that he was free to seek further orders from the high court. The case pertains to the abduction of Katara from a marriage party on the intervening night of February 16 and 17, 2002, and then killing him over his alleged relationship with Bharti Yadav, Vikas's sister. The accused in the case are Vikas Yadav, his cousin Vishal and Pehelwan. The decision of the top court in Pehelwan's case may come to the aid of VIkas and Vishal, who are set to complete the stipulated 25-year sentence in two years.
Time of India
12 hours ago
- Politics
- Time of India
SC questions age restriction for surrogacy
NEW DELHI: Questioning the restrictions under surrogacy laws, including age limit on intended parents and surrogate mothers, Tuesday said laws shouldn't frustrate the wish of childless couples, widows and divorcees to become parents through surrogacy. Tired of too many ads? go ad free now Instead, the laws should frustrate commercial surrogacy. A bench of Justices B V Nagarathna and K V Viswanathan said present laws seem "harsh" to those wanting to take the surrogacy route to parenthood. The bench is examining provisions of Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021. The laws set age limits for intended parents and surrogate mothers. An intended mother must be aged between 23 and 50, and the intended father between 26 and 55 years. Further, a surrogate mother must be married and between 25 and 35 years of age, have a biological child, and only act as a surrogate once in her lifetime. If couple in their 50s, 60s can adopt, why can't they have surrogate child, asks SC Laws allow single women (widowed or divorced) between ages 35 and 45 to pursue surrogacy. Appearing for the govt, additional solicitor general (ASG) Aishwarya Bhati defended the provisions, saying the age bar was needed to ensure a child's welfare and to prevent commercial surrogacy. She said the limits were also set keeping in mind the genetic quality of gametes and urged the court to refrain from passing an interim order. The bench, however, said rationality was lacking in the provision and asked why a single woman could not go for surrogacy. "If she is a widow or a divorcee then she needs it more. Look at the void in her life... Rationality and object are absent. Look how harsh it is," the bench observed. Tired of too many ads? go ad free now It said if a couple in their 50s and 60s can adopt, then why can't they have a surrogate child. SC reserved its order on a plea of three petitioners, seeking its approval to go for surrogacy as they are age barred. They submitted that the laws came into force in 2022 but they started the process much earlier as they froze their embryo in 2012 and 2016, and that they should be allowed to pursue. Bhati argued that there were multiple reasons for freezing embryos, and it might not just be for surrogacy. "Crystallisation of rights happens on implantation of the embryo in the uterus and not just on freezing of embryos," the ASG submitted. She said there are a large number of embryos that might have been frozen earlier but they cannot claim exemption from the law. The court, thereafter, reserved its order on the plea but hinted that it would protect only those who initiated the process before the laws came into force. In one of the cases, the wife is 58 years old and the husband is 64. In the second case, the wife is 53 and the husband 56. Multiple petitions have been filed challenging various provisions of the Acts. One of the petitioners submitted that the laws were discriminatory as it barred a single woman from surrogacy. "The restrictions are wholly discriminatory and without any rational or reason behind it inasmuch as the said restriction is not only infringing fundamental rights of the petitioner, but also violative of the basic human rights of an individual to found a family as recognised by the UN and reproductive rights, which have been recognised as an aspect of personal liberty under Article 21," the plea said.
NDTV
5 days ago
- Politics
- NDTV
Karnataka High Court Halts Deportation Of Russian Woman's Children Found In Cave
Bengaluru: The Karnataka High Court has intervened to temporarily halt the deportation of a Russian woman's children, emphasising the need to consider their best interests as mandated by the United Nations Convention on the Rights of the Child (UNCRC). The decision of Justice S Sunil Dutt Yadav came during the hearing of a writ petition that was filed to challenge a sudden deportation order issued against the children. The petitioner, represented by advocate Beena Pillai, argued that the deportation process disregarded the children's welfare and violated UNCRC principles. The assistant solicitor general (ASG), appearing in the matter for the Union of India, informed the court that the children currently lack valid travel or identity documents. Based on this submission, the court observed that immediate deportation was not reasonable at this stage. However, the court stressed the importance of a detailed hearing to thoroughly examine the case. It directed the respondents to submit a written affidavit, confirming the absence of valid documents, and file their objections within two weeks. Additionally, the court issued a clear directive that no deportation plan can be executed without prior intimation to it, effectively stalling any unilateral deportation effort until the next hearing scheduled for August 18. Nina Kutina (40), along with her two daughters Preya (6) and Ama (4), was rescued by police from the Ramatirtha cave at Gokarna in Uttara Kannada district on July 11. Kutina was staying here even though her visa had expired.
The Print
6 days ago
- Politics
- The Print
Karnataka HC halts deportation of Russian woman's children, cites UNCRC compliance
The petitioner, represented by advocate Beena Pillai, argued that the deportation process disregarded the children's welfare and violated UNCRC principles. The decision of Justice S Sunil Dutt Yadav came during the hearing of a writ petition that was filed to challenge a sudden deportation order issued against the children. Bengaluru, Jul 23 (PTI) The Karnataka High Court has intervened to temporarily halt the deportation of a Russian woman's children, emphasising the need to consider their best interests as mandated by the United Nations Convention on the Rights of the Child (UNCRC). The assistant solicitor general (ASG), appearing in the matter for the Union of India, informed the court that the children currently lack valid travel or identity documents. Based on this submission, the court observed that immediate deportation was not reasonable at this stage. However, the court stressed the importance of a detailed hearing to thoroughly examine the case. It directed the respondents to submit a written affidavit, confirming the absence of valid documents, and file their objections within two weeks. Additionally, the court issued a clear directive that no deportation plan can be executed without prior intimation to it, effectively stalling any unilateral deportation effort until the next hearing scheduled for August 18. Nina Kutina (40), along with her two daughters Preya (6) and Ama (4), was rescued by police from the Ramatirtha cave at Gokarna in Uttara Kannada district on July 11. Kutina was staying here even though her visa had expired. PTI COR GMS RC This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hindustan Times
7 days ago
- Politics
- Hindustan Times
Karnataka HC halts deportation of Russian woman's children found living in cave
The Karnataka High Court has intervened to temporarily halt the deportation of a Russian woman's children, emphasising the need to consider their best interests as mandated by the United Nations Convention on the Rights of the Child (UNCRC). Nina Kutina had said there was no danger to her or her children's lives when they lived inside the cave.(ANI) The decision of Justice S Sunil Dutt Yadav came during the hearing of a writ petition that was filed to challenge a sudden deportation order issued against the children. The petitioner, represented by advocate Beena Pillai, argued that the deportation process disregarded the children's welfare and violated UNCRC principles. The assistant solicitor general (ASG), appearing in the matter for the Union of India, informed the court that the children currently lack valid travel or identity documents. Based on this submission, the court observed that immediate deportation was not reasonable at this stage. However, the court stressed the importance of a detailed hearing to thoroughly examine the case. It directed the respondents to submit a written affidavit, confirming the absence of valid documents, and file their objections within two weeks. Additionally, the court issued a clear directive that no deportation plan can be executed without prior intimation to it, effectively stalling any unilateral deportation effort until the next hearing scheduled for August 18. Nina Kutina (40), along with her two daughters Preya (6) and Ama (4), was rescued by police from the Ramatirtha cave at Gokarna in Uttara Kannada district on July 11. Kutina was staying here even though her visa had expired.
