My India Times

18 Years Later, Kerala Parents Finally Receive Dau

Kasargod, Kerala: In a heart-wrenching moment of closure and unresolved grief, the parents of Sofia, a 13-year-old girl brutally murdered 18 years ago, were handed the remains of their daughterâ€™s skull by the Kasargod court on Monday. The tiny cardboard box containing the skull of their beloved child marked the end of an agonizing wait for a formal, dignified farewell, but it could never replace the life and love they lost that fateful day in 2006.

The murder of Sofia, who was working as a domestic maid in Goa at the time, shocked the nation. She was found dead after being severely burned in a kitchen accident while working in the household of K C Hamsa, a contractor from Kasargod. However, the truth behind her death was far more sinister. Hamsa, fearing the consequences of Sofiaâ€™s injuries, chose to take her life and dismember her body, later disposing of the remains in an under-construction dam in Goa. The incident, which remains seared in the memories of those who knew her, sparked nationwide outrage and calls for justice for the young girl.

Despite the conviction and sentencing of Hamsa to death in 2015, the wounds of Sofiaâ€™s parents have never truly healed. While the Kerala High Court later commuted the death sentence to life imprisonment in 2019, the parentsâ€”who had hoped for a final moment with their daughterâ€™s remainsâ€”found little solace in the conviction alone.

A Wait for Dignity: The Family's Struggle for Closure

For the family, the pain of losing Sofia was compounded by the uncertainty of her final resting place. Without the opportunity to perform the last rites according to their religious customs, they were left grappling with not just the horror of her death, but the absence of closure. The legal and bureaucratic delay in the handover of Sofiaâ€™s remains left the family in limbo for years, unable to honor their daughterâ€™s memory in the manner they felt she deserved.

Ayesha and Moithu, Sofiaâ€™s heartbroken parents, had pleaded with the court for years to return their daughterâ€™s remains so they could give her a proper burial. Their quest for closure was not just a plea for justice, but an emotional cry for the right to honor their child in the only way they couldâ€”through rituals of love and remembrance.

Finally, on November 13, 2024, their perseverance paid off. The Kasargod Principal Sessions Court agreed to return Sofiaâ€™s skull to the family, a long-awaited step that provided both closure and sorrow. The fragile box containing the mortal remains was handed to the grieving parents, in the presence of close family members and relatives from Aiyangeri in Coorg, where the family hails from.

The Final Journey: Sofiaâ€™s Resting Place

As the family took the remains of their daughter back to Coorg, the journey was one filled with conflicting emotionsâ€”relief that Sofia would finally be laid to rest in a manner her parents deemed appropriate, yet a pain that no amount of ritual could ever erase.

By nightfall, in a somber ceremony attended by a few close family members and friends, Sofiaâ€™s remains were laid to rest at a local masjid in their hometown, her spirit finally finding a peaceful resting place after a torturous wait of over 18 years. The ceremony was a symbol of love, faith, and the unbreakable bond between a parent and childâ€”a bittersweet moment of closure.

The Cost of Justice: An Unhealed Wound

While the family has finally been able to honor their daughterâ€™s memory, the larger issue of justice remains unresolved. Sofiaâ€™s death, under horrifying circumstances, continues to underline a deep-seated issue within societyâ€”how the most vulnerable, often migrant workers, can be preyed upon and subjected to such violence.

The case of K C Hamsa, despite the life imprisonment sentence, raises the question of whether the punishment truly fits the crime and whether those guilty of such heinous acts will ever truly face the full brunt of justice. For the family, the legal victory has provided only a modicum of solace, but the emotional scars of losing their daughter in such an appalling manner cannot be erased by any court ruling.

Sofiaâ€™s death, tragic and brutal, still echoes in the hearts of those who loved her. Her parents, while finally able to perform their last rites, are left to live with the knowledge that their beloved daughterâ€™s life was stolen too soon, and no amount of legal victories can bring her back.

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My India Times 2024-11-13

Pakistan Government Stands Firm on Hosting ICC Cha

The impasse surrounding the 2025 ICC Champions Trophy continues to deepen as the Pakistan government firmly supports the Pakistan Cricket Board's (PCB) stance to host the tournament entirely on home soil, despite ongoing challenges posed by the Board of Control for Cricket in India (BCCI) and Indiaâ€™s refusal to send its team to Pakistan. In a bid to assert their control over the tournament, the PCB has confirmed that no matches will be shifted outside the country, signaling the government's unwavering commitment to the hosting rights they secured for the prestigious event.

Pakistan's Defiant Stand Amid Growing Tensions

The clash over the future of the Champions Trophy intensified after the BCCI officially communicated to the International Cricket Council (ICC) that India would not participate in any event held in Pakistan due to escalating security concerns. However, in a firm response, the Pakistan government has instructed the PCB to maintain its position, rejecting the proposed hybrid model, which would see some matches played outside Pakistan due to India's objections. A senior PCB official, speaking under anonymity, confirmed to the Indian Express that Pakistan would not entertain any compromise on shifting games abroad.

"We have been instructed by our government to ensure that no matches of the ICC Champions Trophy are moved outside Pakistan," said the PCB official. "We have the hosting rights, and we will ensure the tournament is hosted entirely in Pakistan. As far as we are concerned, the tournament will be played in its entirety in Pakistan, regardless of any external pressure."

Hybrid Model and India's Standoff: A Stalemate

The idea of a hybrid model, which would see the event split between Pakistan and other countries like the UAE, was suggested in a bid to break the deadlock between the BCCI and the PCB. However, this suggestion has been firmly rejected by the PCB, which argues that hosting the Champions Trophy in Pakistan is not just about cricket but about national pride, the country's security stability, and the economic impact the event could have on Pakistan's cricketing infrastructure.

The ongoing refusal from the Indian government to send the Indian cricket team to Pakistan has left the tournamentâ€™s fate hanging by a thread. Basit Ali, a former cricketer and commentator, echoed the PCBâ€™s position during a recent YouTube video, confirming that the government of Pakistan has explicitly banned the PCB from accepting any hybrid model and has instructed them to refuse any suggestions to move games to neutral venues.

The Champions Trophyâ€™s Future in Jeopardy

The dispute has raised serious questions about the future of the tournament. Reports suggest that the ICC is considering an alternative host for the event if a compromise cannot be reached, with South Africa emerging as a potential neutral venue. However, this move would likely have devastating consequences for both Pakistan and India, with the latter potentially refusing to participate in the tournament altogether if it is relocated outside the subcontinent.

Sources indicate that the ICC's financial model heavily depends on the participation of India and Pakistan in marquee tournaments, especially in the high-revenue-generating India-Pakistan fixtures. If either of the two countries pulls out, it could lead to a massive financial shortfall for the tournament, affecting the overall revenue model for both the ICC and the participating teams.

Impact on the PCB and Pakistanâ€™s Cricketing Landscape

Should the tournament be relocated to South Africa or any other neutral venue, Pakistanâ€™s cricketing aspirations could face a significant setback. Hosting the Champions Trophy is seen as a symbolic victory for Pakistan, offering not only a platform to showcase its cricketing infrastructure but also an opportunity to boost the sport's profile and attract global sponsors to the nationâ€™s growing cricket scene.

Moreover, Pakistanâ€™s continued determination to host the tournament despite the challenges reflects a broader strategy by the PCB to assert its dominance in the cricketing world, highlighting its role as a global cricket powerhouse. The government's commitment underscores the deep-rooted importance of cricket to Pakistanâ€™s national identity and economic development.

Possible Scenarios and Next Steps

With tensions mounting, several scenarios are now being considered for the 2025 ICC Champions Trophy:

The Hybrid Model: Though rejected by Pakistan, this model could still be on the table if the ICC mediates a resolution. It would allow for some matches to be held in neutral venues, ensuring Indiaâ€™s participation while still respecting Pakistanâ€™s hosting rights.

Full Relocation: If no agreement is reached, the tournament could be shifted to South Africa, with Pakistanâ€™s potential exclusion from the event. The financial ramifications for the ICC and other participating nations could be severe, given the significant draw of India-Pakistan matches.

Stand-off and No Tournament: In the most extreme scenario, if neither side budges, the 2025 ICC Champions Trophy could be canceled altogether, leaving the global cricketing calendar disrupted and unfulfilled.

A Crucial Test for Cricket's Global Governance

The ongoing conflict between the BCCI and PCB over the Champions Trophy marks a pivotal moment for global cricket governance. The ICCâ€™s ability to resolve such high-stakes disputes will be tested, as the sport's financial and political dynamics shift, especially in the wake of India and Pakistanâ€™s rising influence.

As the ICC struggles to navigate these troubled waters, the sportâ€™s governing body must make decisions that balance national interests, financial viability, and the integrity of the tournament.

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My India Times 2024-11-13

Supreme Court Takes Bold Stand on 'Bulldozer Justi

In a landmark ruling on November 13, 2024, the Supreme Court of India delivered a scathing judgment on the controversial practice of 'bulldozer justice', reinforcing the principles of fairness, due process, and accountability. The court's guidelines, aimed at curbing arbitrary demolitions carried out by state authorities, send a strong message against the extrajudicial actions that have gained traction in various states.

Judicial Oversight on Bulldozer Demolitions

The bench, comprising Justice BR Gavai and Justice KV Viswanathan, was addressing petitions that challenged the use of bulldozers to demolish properties linked to individuals accused of crimes. The court unequivocally stated that executive authorities cannot take over the judicial process, reinforcing that legal actions against individuals must go through a fair judicial process rather than being based on prejudice or arbitrary state action.

Justice Gavai remarked that the dream of every individual is to own a home, and depriving someone of their shelter without due process of law is a serious infringement on their fundamental rights. He stressed that the rule of lawâ€”the cornerstone of democracyâ€”requires that an individualâ€™s guilt should be determined through a fair trial, not through the actions of the executive.

Separation of Powers and Accountability

The court emphasized the separation of powers between the judiciary and executive, warning that the executive cannot act as a substitute for the judiciary. The ruling reiterated the public trust doctrine, which holds that the state must act transparently, fairly, and justly. Any arbitrary action taken by public officials that violates these principles would lead to accountability measures, including possible penalties.

The bench made it clear that when properties are selectively demolished without sufficient justification, it raises a presumption that the real intent is to penalize the individual without a trial, a practice that is unconstitutional and detrimental to fundamental rights.

Guidelines for Demolitions: Strict Procedures and Accountability

In an unprecedented move, the Supreme Court invoked its powers under Article 142 of the Constitution, laying down comprehensive guidelines for any future demolitions. These include:

Show-cause Notice Requirement: Before any demolition is carried out, the authorities must issue a show-cause notice to the person whose property is being targeted. This notice must specify the nature of the unauthorized construction, the grounds for demolition, and provide the person with a 15-day window (or as per local laws) to respond.

Public Hearing: Authorities must hold a hearing to allow the accused party to present their case before a final order is passed. Only after this process can the demolition proceed.

Opportunity for Appeal: The affected party will be allowed a 15-day period to appeal against the demolition order. Demolition can only proceed once all appeal avenues have been exhausted.

Responsibility of Officials: The court laid down a strong deterrent by stating that any officer who violates the guidelines will be held personally accountable. Such officials will be required to restore the demolished property, with the cost of restitution being recovered from their salaries.

Contempt of Court: The court warned that violations of these guidelines would lead to contempt proceedings, reinforcing the message that public officials must operate within the framework of the law.

Digital Transparency and Monitoring

The court has also mandated that all municipal authorities set up a digital portal within the next three months, which will maintain a public record of all show-cause notices issued and the final orders passed for demolition of illegal structures. This will ensure transparency and accountability, making it easier for citizens to track the legal actions being taken by the state.

Protecting Citizens from Arbitrary State Action

Justice Gavai pointed out that a personâ€™s home is often the culmination of a lifetime of hard work and dreams. If the state were to demolish such a house without due process, it could not only destroy an individualâ€™s shelter but also undermine their security and future. The court stressed that it is not enough for the state to claim that the demolition is for legal reasons; the manner in which it is carried out must adhere to the highest standards of justice and fairness.

Wider Implications: A Strong Message to States

This ruling sends a powerful message to all states about the importance of adhering to legal processes and protecting citizens' rights. The use of bulldozers to demolish properties on the basis of accusationsâ€”without trial or evidenceâ€”has been increasingly used by several state governments, often causing disproportionate harm to vulnerable communities.

The Supreme Courtâ€™s decision represents a significant step in curbing excesses by state authorities and reaffirming the constitutional rights of individuals, regardless of their legal status. It is expected to set a precedent for how future demolition cases will be handled across India, ensuring that the rule of law remains the guiding principle in matters of justice and equity.

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