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Bushu
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Post Number: 6178
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Posted on Monday, February 11, 2013 - 10:20 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

if interested, the full text is here:

http://ibnlive.in.com/news/full-text-supreme-court-judgement -on-parliament-attack-convict-afzal-guru/371782-3.html
balupu s/o gelupu
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Bushu
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Post Number: 6177
Registered: 04-2009
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Posted on Monday, February 11, 2013 - 10:19 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Guriginja:

My beef is with the court statement. How can a court say this while awarding capital punishment, that in my view is wrong.




it does not mean that 'collective conscience' is the *only* reason the court is awarding a death sentence. it is *one* of the reasons. you need to read the full text before passing judgment and falling prey to the tricks that dhoti roy and her ilk employ. here's some more nuggets from the original judgment:

Section 109 IPC lays down that "if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, a person abetting the offence shall be punished with the punishment provided for the offence." Thus the conspirator, even though he may not have indulged in the actual criminal operations to execute the conspiracy, becomes liable for the punishment prescribed under Section 302 IPC. Either death sentence or imprisonment for life is the punishment prescribed under Section 302 IPC.

In the instant case, there can be no doubt that the most appropriate punishment is death sentence. That is what has been awarded by the trial Court and the High Court
. The present case, which has no parallel in the history of Indian Republic, presents us in crystal clear terms, a spectacle of rarest of rare cases. The very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of Government of India and engaging into a combat with security forces is a terrorist act of gravest severity. It is a classic example of rarest of rare cases.
The gravity of the crime conceived by the conspirators with the potential of causing enormous casualties and dislocating the functioning of the Government as well as disrupting normal life of the people of India is some thing which cannot be described in words. The incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of the society will only be satisfied if the capital punishment is awarded to the offender. The challenge to the unity, integrity and sovereignty of India by these acts of terrorists and conspirators, can only be compensated by giving the maximum punishment to the person who is proved to be the conspirator in
this treacherous act. The appellant, who is a surrendered militant and who was bent upon repeating the acts of treason against the nation, is a menace to the society and his life should become extinct. Accordingly, we uphold the death sentence.
}
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Ipc302
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Post Number: 18249
Registered: 02-2008

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Posted on Monday, February 11, 2013 - 10:22 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Guriginja:


"As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.� But then it goes on to say: �The incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender."




i agree ee madhyana courts konchem OA chesthunnayi....even ayodhya vishyam lo kooda facts emo akkada temple undhi ani point chesayi clear ga but judgement lo konni statements based on faith iccharu...scientifiaclly it is proven there was a temple and that should have upheld the right of hindu temple over there ....live-in relationship isue court ki vasthe radha-krishnulu gurinchi matladaru....unnecessary to bring gods into this issue....they should stick to evidence and deliver justice period....

but ee afzal guru case lo evidence and lawyers capability meedha SC kooda judgement icchindi...u can always say that the defense lawyer was incompetent and that does not mean justice hasn't taken its path...every where there are conspiracies and govt cover up, scapegoats etc etc...arundathi roy emundhi ennanna doubts raise chesthundi...paper undhi pen undhi imagination runs wild with her...
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Guriginja
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Username: Guriginja

Post Number: 23632
Registered: 02-2008
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Posted on Monday, February 11, 2013 - 10:02 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Amigo:





Ipc302:




I am not saying he should not be killed, am part of the collective conscience. Like U said, he should have been killed like you guys said, I want him dead as much as you do, that is not at all the point of my disco...you are not reading it right. My beef is with the court statement. How can a court say this while awarding capital punishment, that in my view is wrong.

"As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.� But then it goes on to say: �The incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender."
JOHAR YSR.....YSR AMAR RAHE
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Ipc302
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Post Number: 18248
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Posted on Monday, February 11, 2013 - 09:43 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Guriginja:

If the judges here in the US, like in the case of Casey Anthony acted on collective conscience, she would have been put on the chair, may be they should improve there conscience by learning from the media.




total BS ee statement...anthoney casey case is not terrorism related....look at the drone strike policy that has been released...they r killing americans/foreigners if they suspect he could be planning a major attack...no proof no courts no judicial process...killing by drone strikes has become a policy.....and the justification to do such things is very very flimsy...emanna ante preventive strike desa rakshana patriot act blah blah
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Telugu_times
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Post Number: 36152
Registered: 02-2008

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Posted on Monday, February 11, 2013 - 09:36 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Amigo:


inkokadi country lo ki illegal gaa enter ayi, champesi samudhram lo padesthar
case, court kuch nahi
ippudu atlaanay untadhi. 2014 lo ardhamaithadhi.
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Amigo
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Posted on Monday, February 11, 2013 - 07:50 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Guriginja:

If the judges here in the US, like in the case of Casey Anthony acted on collective conscience, she would have been put on the chair, may be they should improve there conscience by learning from the media.




Casey Anthony's case is not analogous. If there was a terrorism angle, where the country's parliament was attacked, US wouldnt have even blinked to kill
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Filmbuff
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Post Number: 1518
Registered: 11-2011
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Posted on Monday, February 11, 2013 - 04:23 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Tilak:




I did read that article..but by Hindu's standards, he is of a different breed..
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Tilak
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Posted on Monday, February 11, 2013 - 03:55 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Filmbuff:

Praveen Swami is by far, the best researched, knowledgeable writer on terrorism. By the Hindu's standards, he is quite to the right, but he does get ample space in the Hindu and is one of their key writers, to the newspaper's credit.


You think he is "right" only if you miss reading his works like these - http://www.thehindu.com/news/national/runaway-grandmother-sp arked-savage-skirmish-on-loc/article4291426.ece?homepage=tru e
"India must conquer the World and nothing less than that is my ideal" || "...with patriotism must be associated a real feeling for others... We must not forget that we have to teach a great lesson to the world... religion and philosophy..." - Swami Vivekananda
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Guriginja
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Username: Guriginja

Post Number: 23631
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Posted on Monday, February 11, 2013 - 02:13 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

If the court has really said this during the capital punishment "The Supreme Court judgment says the evidence is circumstantial: âAs is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.â But then it goes on to say: âThe incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.â then hanging of Afzal guru is a crime....it is a shame that it happened. When did the "collective conscience of society: become an admissible point in the court of law? Any judgement based on collective conscience of the society" is a travesty. If the judges here in the US, like in the case of Casey Anthony acted on collective conscience, she would have been put on the chair, may be they should improve there conscience by learning from the media.
JOHAR YSR.....YSR AMAR RAHE
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Filmbuff
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Posted on Monday, February 11, 2013 - 01:44 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Arundhati Roy wrote a rabid article in the Hindu yesterday (link below). She feels that unless Afzal was caught with a gun and grenade in hand, red-handed, he can't be hanged.

http://www.thehindu.com/opinion/lead/a-perfect-day-for-democ racy/article4397705.ece

Here is Praveen Swami's stinging response to Roy. Praveen Swami is by far, the best researched, knowledgeable writer on terrorism. By the Hindu's standards, he is quite to the right, but he does get ample space in the Hindu and is one of their key writers, to the newspaper's credit.

http://www.thehindu.com/opinion/op-ed/the-vanity-of-1312-tru thtelling/article4400821.ece

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