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Two South Mumbai women seek medical help for excessive shopping

Dr Yusuf Matcheswalla, psychiatrist with Masina hospital, paints an alarming scene. “With online shopping, Oniomania can hit more people, says. “It is easy to buy things online now. Affected persons can end up with huge credit card bills.”

Somita PalInfoTracking a healthy resolution. But will it last till next year?

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Delhi University Professor GN Saibaba ‘linked with Naxals’ surrenders

Pournima Upadhyay, an activist, had written a letter to the Chief Justice of Bombay HC which was treated as PIL and thereafter temporary bail was granted to Saibaba for three months on health grounds by the Principal Bench based in Mumbai.

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How will he get the care he needs if he’s sent back to jail: GN Saibaba’s wife

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The 90% disabled, wheelchair-bound professor’s wife said that before his arrest Saibaba’s both hands were working properly.

Dr GN Saibaba
File Photo

A day after the Nagpur bench of Bombay High Court cancelled the temporary bail of Delhi University professor Dr GN Saibaba, his wife on Thursday expressed her apprehension about the further deterioration of her husband’s health. The visibly bold-looking Vasantha could not control her emotions at a press conference in Delhi. She said her husband is in a better position today because of her sincere effort to provide him adequate treatment. The 90% disabled, wheelchair-bound professor’s wife said that before his arrest Saibaba’s both hands were working properly, but due to his over-14-month incarceration in the high security anda cell in Nagpur Central jail, his left hand is now barely functioning.<!– Dna_Article_Middle_300x250_BTF –> “I would like to sue the people responsible for his worsening health… He needs absolute care and attention. How will that be possible if he goes back to jail?” she asked. She expressed her anguish over the high court order which ignored the English professor’s health and said that besides physiotherapy for his physical disability, Saibaba has been getting treatment for high blood pressure, heart ailment and also for the stones in both of his kidneys and the gall bladder. The family had to shift to Vasant Kunj near the Spinal Injury Centre for Saibaba’s frequent treatment for his spinal problem. Recounting the Maharashtra police raid at their house earlier, Vasantha said, “Raids were conducted at our house without any search warrant. My husband was fighting for the rights of poor tribals in Chhattisgarh, which has resulted him to be linked with Maoists.” On Wednesday, the high court rejected Saibaba’s plea for regular bail and directed him to surrender within 48 hours before the court concerned. Meanwhile, civil rights activists and eminent academicians from the Delhi University have criticised the court order terming it as “prejudice” and saying “the judiciary needs accountability for such type of orders”. Regarding the court’s notice to writer Arundhati Roy’s article over Saibaba’s arrest, they said, “It is an attack on the civil liberties.” Last June, the Mumbai police had arrested him for his alleged links with Maoists after questioning him more than four times at his residence. A division bench headed by Bombay High Court chief justice had granted him interim bail which was again extended in September till December.

Court summons Chhota Rajan to Mumbai for J Dey murder trial

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The court directed the Tihar jail officials (in Delhi) to ensure that Rajan is present in the court on January 7

Chhota Rajan

PTI
Gangster Chhota Rajan would be tried alongwith the other accused in the journalist J Dey murder case, the special Maharashtra Control of Organised Crime Act court here said on Tuesday and issued a warrant against asking him to appear before it onJanuary 7.”The court has ordered a joint trial,” special public prosecutor Dileep Shah told PTI. The judge A L Pansare observed that the trial cannot be deferred as the Bombay High Court had expedited it, Shah said. “Moreover, no one from the CBI has been coming to the court to apprise the court about their progress in the investigation,” Shah added. The court directed the Tihar jail officials (in Delhi) to ensure that Rajan is present in the court on January 7.”The court said it will frame charges against him and start the trial on the same day,” said the prosecutor. <!– Dna_Article_Middle_300x250_BTF –>The judge also said that with the available material against Rajan in the charge sheet, the trial can start. The court observed that a joint trial (as against trying Rajan separately) was required as it will save the time of the witnesses as they would not have to come to the court again and again, Defence lawyer Santosh M Deshpande contended.Rajan was arrested at Bali airport in Indonesia on October 25 after he arrived from Australia, and was later deported to India. Maharashtra government has handed over all the cases against him to CBI. Dey, a veteran crime reporter, was shot dead in suburban Powai on June 11, 2011. The first charge sheet names the arrested accused Satiah Kaliya, Abhijeet Shinde, Arun Dake, Sachin Gaikwad, Anil Waghmode, Nilesh Shendge, Mangesh Agawane, Vinod Asrani, Paulson Joseph and Deepak Sisodia.Later, another chargesheet was filed against the journalist Jigna Vora who is now out on bail. Rajan was allegedly upset with two articles written by Dey and therefore ordered his killing. Vora allegedly instigated him, owing to her own professional rivalry with Dey.

Enforcement Directorate attaches Rs 100 crores properties of Chhagan Bhujbal

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The buildings in Bandra and Santacruz, owned by Pervesh Constructions where Bhujbal and his relatives are directors, were seized by the ED.

The Enforcement Directorate (ED) continues to give nightmares to Chhagan Bhujbal and his family.In a fresh action against former PWD minister Chhagan Bhujbal, the Enforcement Directorate has seized two assets allegedly owned by a Bhujbal firm.Initial information suggests the seized properties are worth around Rs 100 crores.The buildings in Bandra and Santacruz, owned by Pervesh Constructions where Bhujbal and his relatives are directors, were seized by the ED.Last week, the Lok Sabha was informed that the money laundering investigations against Bhujbal have revealed that entities which have subscribed to companies controlled by the politician’s family were “dubious” and their transactions were done only on paper.Minister of State for Finance Jayant Sinha, in a written reply, said a case under the Prevention of Money Laundering Act (PMLA) has been registered by the Enforcement Directorate (ED) against Bhujbal, ex-PWD minister of the state, his family members including MLA son Pankaj, ex-MP nephew Samir, a firm called Ms K S Chamankar Enterprises and others.The Bombay High Court, on December 18 last year, has constituted a Special Investigation Team comprising the ED Director and the Director General of state Anti- Corruption Bureau (ACB) to conduct the inquiry and submit a report to it.

German Bakery blast: HC reserves judgment in death confirmation case against Himayat Baig

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A division bench of Justice Naresh Patil and Justice SB Shukhre will deliver their judgment in due course of time against Baig who has also appealed against the judgement.

German Bakery

The Bombay High Court on Monday reserved its judgment in the death confirmation case against the sole convict arrested Himayat Baig for his involvement in the German Bakery bomb blast case of 2010.A division bench of Justice Naresh Patil and Justice SB Shukhre will deliver their judgment in due course of time against Baig who has also appealed against the judgement. Special Public Prosecutor Raja Thackeray has argued for confirming the death sentence by stating that the entire case is based on circumstantial evidence and every circumstance has been proved by relevant records which are of sterling quality. Further, he has argued in favour of the death penalty saying that the trial court reasoning is sound, thus death penalty should be upheld.<!– Dna_Article_Middle_300x250_BTF –>Advocate Mehmood Pracha and TW Pathan appearing for Baig have argued that the prosecution evidence is of weak nature and fabricated.Moreover, independent investigations carried out by other agencies like the National Investigation Agency and the Delhi Special Cell have indicated that other accused not before the court were involved in the case. Moreover, two other intervenors have cited several instances of Baigh’s innocence.A Pune court had awarded death penalty to Baig for his involvement in the 2010 German Bakery blast case, after the Maharashtra Anti-Terrorism Squad (ATS) investigated and filed a chargesheet against him. Baig, an alleged member of Indian Mujahideen, was arrested in September 2010. The conviction was handed down in early 2013, in the blast that killed 17people and injured 58, including foreign nationals.The court had found Baig guilty of taking part in the conspiracy and executing the blast.

Ailing ’93 blasts convict dies in Nashik, family blames hospital, jail

Shariff Parkar was held guilty for his role of landing explosives which was used in the serial blasts across the city

In this recent photo, Sharif Parkar is seen along with his family members at JJ hospital. Parkar was shifted to Nashik Road prison on December 8 and to the civic hospital there on Thursday
Salman Ansari
dna
The efforts put in by the children of 1993 serial blasts convict Shariff Parkar to ensure that their ailing father’s life would be extended by a few more months, bore no fruit. Parkar died in Nashik civil hospital on Thursday. They allege that apathy of JJ hospital in Mumbai and jail authorities resulted in the death of the 83-year-old man, who was serving his sentence in Nashik Road prison in poor health. As per the Supreme Court direction, Parkar was asked to surrender before the sessions court in May 2013 and continue to serve the remaining part of his life sentence. Accordingly, he was lodged in Nashik prison. However, in November this year, Parker suffered a paralytic stroke and was shifted to JJ hospital for treatment. The man was also suffering from dementia. After treating him for 10 days, hospital authorities told his family to take him back to jail. However, the family approached Bombay High Court and filed a petition to direct the hospital not to discharge him. A stay order was slapped on his discharge and he remained in the hospital. On December 7, the authorities issued a medical certificate which said that the patient was on the path of recovery. Finally, on December 8, he was sent back to the jail. <!– Dna_Article_Middle_300x250_BTF –>Parker’s son Faizal said, “We were pleading the hospital not to discharge my father, but they didn’t pay any heed. They convinced the court through their false medical reports that he just needed physiotherapy.” Parkar was held guilty for his role of landing explosives which was used in the 1993 blasts.

Bombay High Court gives Railways a month’s time to ensure women toilets on platforms

A division bench of Justice Naresh Patil and Justice S B Shukhre, after going through a survey carried out by an NGO, Akshara, highlighting the lack of facilities at railway stations for women, said, “There can be overcrowding on trains and platforms. But for lack of basic amenities, Railways alone needs to be blamed.”

The Bombay High Court on Wednesday directed the Railways to ensure that women toilets on all railway stations be equipped with proper lighting, sanitation facilities and safety measures. The court has granted the Railways a month’s time to implement the same.A division bench of Justice Naresh Patil and Justice S B Shukhre, after going through a survey carried out by an NGO, Akshara, highlighting the lack of facilities at railway stations for women, said, “There can be overcrowding on trains and platforms. But for lack of basic amenities, Railways alone needs to be blamed.”<!– Dna_Article_Middle_300x250_BTF –>Senior Advocate Rajeev Chavan, appearing for NGO Help Mumbai Foundation, said CCTV cameras are a must inside women compartments to ensure commuters’ safety.Asking the Railways to consider the same, Justice Patil said, “If government can consider running bullet trains with CCTV facilities, why can’t it implement the same in suburban trains.” It directed the divisional commissioner of Western and Central Railway to inform the problems faced by them in installing cameras during next hearing.The court also directed the Western/Central railways to provide proper signage, seating benches near woman compartments and to experiment seating spaces inside trains to reduce overcrowding at the footboard. It also suggested the railway to have non-slippery footboard pole to help passengers on crowded trains.

Maharashtra government appoints Chandrakant Patil for border dispute with Karnataka

A notification in this regard was issued by the General Administration Department (GAD), which comes under the chief minister. First time a nodal minister has been appointed for the border dispute with the neighbouring state which is pending since six decades.

Chandrakant Patil is said to be well-informed about the issue

Giving a big boost to the “Belgaum movement” and its supporters, the Bharitya Janta Party (BJP) led government on Tuesday appointed Chandrakant Patil as the “nodal minister” for the border dispute with Karnataka. A notification in this regard was issued by the General Administration Department (GAD), which comes under the chief minister. First time a nodal minister has been appointed for the border dispute with the neighbouring state which is pending since six decades. PWD and Textiles minister and BJP stalwart Chandrakant Patil hails from Kolhapur which is close to Belgaum. He has also taken part in the Belgaum movement earlier and said to be well-versed with the issue. His appointment is seen as government’s renewed assertion on the disputed area and a big support to the people associated with the movement for years.<!– Dna_Article_Middle_300x250_BTF –> Patil couldn’t be reached for comments, PS Meena, additional chief secretary of the GAD confirmed the development. “Mr Patil will coordinate with the people of Belgaum. The nodal ministry under his guidance will try to help people of Belgaum who often approach Maharashtra government with complaints of harassment. Until now, all these people used to do approach the chief minister and GAD.” Situated near the foothills of the Sahyadri mountain range, a mineral rich Belgaum has been a bone of contention between two states. There are 865 villages spread in Belgaum, Karwar, Bidar and Gulberga districts for which Maharashtra has been staking its claim for past 60 years on linguistic grounds. In 2004, state approached the supreme court challenging the government of India’s decision of inclusion of 865 Marathi-speaking villages in Karnataka. The case is still on. People from these Marathi-speaking areas of Karnataka often complain about discrimination and harassment by the Kannada speaking civic authorities. They led several agitations in the past with some of them turning violent. Maharashtra Ekikaran Samiti (MES) and some other groups are still fighting for the cause. Soon after BJP government came into power, the organisations fighting for the merger of disputed district of Belgaum with Maharashtra had intensified their stir with re-branding their movement as “Second Samyukta Maharashtra Andolan”. On the other hand, Karnataka recently erected Assembly building in Belgaum. Devendra Fadnavis had also maintained that the people of the state have deep emotional connect with residents of Marathi-speaking areas in adjoining Karnataka and their fight for a merger will continue till the goal is achieved. “The emotional strength of 12 crore Maharashtrians is with their brethren on the Karnataka border fighting to be part of this state. We will get justice,” Fadnavis was quoted as saying in an event at Mumbai in August this year. Welcoming the institution of nodal ministry, Deepak Pawar, professor of Mumbai University who is associated with the movement, said, “A politician of Patil’s stature can really do justice to the Marathi-speaking Belgaum people who often face apathy of bureaucrats.” Pawar who had dug out all legal documents in this case to understand the complexity says, “Geographical contiguity, wish of the people and linguistic majority since 1951 census, all prove that Maharashtra’s stand is right.” Box: Hearing in the case this monthThe matter in the Supreme Court is expected to come for hearing later this month, said PS Meena adding that at present, the court commissioner is recording the statements of the witnesses. “We are hopeful about the verdict soon,” said Meena insisting that the state has hired a battery of best lawyers, including Harish Salve, in the case. What is the issue The Belgaum district was part of the erstwhile Bombay Presidency. After India became independent in 1947, it became a part of the Bombay State. In 1948, the Belgaum Municipality requested the Indian Constituent Assembly and the Boundary Commission to include the Belgaum Municipal District in the proposed Samyukta Maharashtra state due to large Marathi-speaking population. But, in 1956, the Belgaum district was incorporated into the newly formed Mysore state (now Karnataka) in accordance with the States Reorganisation Act of 1956. Following protests from Maharashtra, the Centre constituted a Commission headed by justice MC Mahajan in 1966 which recommended that Belgaum should be part of Karnataka. While Centre and Karnataka accepted Mahajan Commission’s recommendation, Maharashtra approached the court.

What’ve you done to stop trees from dying, Bombay High Court asks BMC

A division bench consisting of Justice VM Kanade and Justice Revati Mohite Dhere said, “Something needs to be done to prevent the trees from dying, all that we see these days are trees vanishing from Mumbai.”

Several rain trees are vanishing from the city

dna
Observing that steps need to be taken on an urgent basis to stop city’s green cover from shrinking further, the Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to enumerate the steps it has taken to save rain trees which are dying dying due to mealy bug infection. A division bench consisting of Justice VM Kanade and Justice Revati Mohite Dhere said, “Something needs to be done to prevent the trees from dying, all that we see these days are trees vanishing from Mumbai.” The court made these observations while hearing a public interest litigation (PIL) filed by a Khar resident, Zoru Bhathena.<!– Dna_Article_Middle_300x250_BTF –> As per the petition, since 2010, trees between Khar and Borivali have been infected by the bug and the BMC has not been able to identify any cause or cure, following which over 100 trees have died. BMC counsel Trupti Puranik informed the court that several steps have been taken by the BMC and it is also ready to take guidance from the departments of Botany and Horticulture to protect the trees.” The petition states that BMC collects tree cess, which is included in the property tax, and so is duty bound to protect the trees. Further, it states that a Pune-based central government organisation, Maharashtra Association for Cultivation of Science, Agharkar Research institute has some remedial measures and those should be adopted by the civic body to protect the trees. Several trees can be seen dead in the Western suburbs, which are now being painted by graffiti artists. The petition prayed for directions to the BMC to protect the trees, replace dead trees with new ones and take steps to increase tree cover in the city. The court posted the matter for further hearing on December 22.

Mumbai: Fabrication artist behind double murder?

Two bodies found in Kandivli on Saturday identified as those of celebrated artist Hema Upadhyay and her lawyer.

Hema Upadhyay

PTI
The two bodies that were found in Kandivli (W) on Saturday have been identified as those of artist Hema Upadhyay (43) and her lawyer Harish Bhambani (65). Hema was involved in an acrimonious divorce battle with Chintan Upadhyay, a celebrated name in the art world, in the Bombay High Court. The bodies were found in two gunny bags inside two cardboard boxes in a drain near Dhanukarwadi around 7:30 pm on Saturday. On Sunday, the Mumbai police detained three people and questioned Chintan for over six hours. Sources in the Mumbai police told dna that a fourth suspect, a metal fabrication artist called Rajbhar, could turn out to be the key suspect. The police are on the look-out for him.<!– Dna_Article_Middle_300x250_BTF –> According to sources, Rajbhar is believed to have called Hema, claiming that he has clinching evidences against Chintan, which would help her in the divorce case. “We learn that Rajbhar wanted to meet Hema to hand over some proof against Chintan. Hema then asked Bhambani to accompany her. It seems that they were murdered after they reached the place where Rajbhar was waiting,” said a source.”It looks like that the idea was to kill Hema, but as Bhambani was accompanying her, he became a collateral damage,” he said. The bodies were first spotted by some local sweepers. When they found something amiss, they informed the police. When the boxes were opened, the police found two bodies – one of a male and the other of a female – wrapped in plastic sheets. “Initially, the identity of the bodies could not be ascertained as the murderers did not leave any personal possessions of the victims. Their cellphones, wallets and jewellery were missing,” said an officer from the Kandivli police station. “Bhambani’s hands were tied and his mouth was gagged with a cloth and had a cello tape on it. Hema’s body was just wrapped in a plastic sheet,” he said. The identities of the bodies were ascertained on Sunday. “Both of them were strangulated to death and there are no external injury marks on the bodies,” said an officer. “We have sent the bodies for autopsy,” he said. An officer privy to the investigation said that before leaving his residence in King’s Circle around 6:30 pm on Friday, Bhambani had told his family that he has a meeting with a client in Andheri. Hema left her residence in Juhu on Friday morning and headed straight to her studio in Laxmi Industries off Veer Desai Road in Andheri (West). Around 6:30 pm, Hema made a call to her help, Hemant Mandal, asking him not to expect her for dinner. “The CCTV footage collected from the area of Laxmi Industries Estate establish that both Hema and Bhambani left the studio around 8:30 pm in the lawyer’s Honda City,” said an officer. “Their last cellphone tower location was in the Kandivli area. We have not yet recovered the missing car”. When Hema did not turn up home on Friday night, Mandal made several calls to her. When she did not answer, he approached the Santa Cruz police station and registered a missing complaint on the wee hours of Sunday. Even Bhambani’s family registered a missing complaint with the Matunga police station. As the Kandivli police launched an investigation into the double murder, the Mumbai crime branch also started a parallel investigation. Hema had filed for divorce in 2010, citing domestic violence. The family court had passed a decree in favour of Chintan. But Hema challenged it in the Bombay High Court and Bhambani was representing her. The celebrated artist-couple were in the news in 2013, when Hema filed a criminal case against Chintan for sketching obscene paintings on the wall of their bedroom. “Prima facie, personal enmity seems to be the reason behind the murder but investigations are still on and we are checking for further leads,” the police said.

Opinion | Salman Khan hit-and-run case: Bombay High Court could have returned case for reconsideration

Also, when courts pass strictures, there’s provision in the police manual for action against defaulting cops

The verdict in the Salman Khan case brings forth the inherent weakness in the criminal justice system in India – that justice and judgment are two different things. Ideally, they need to be synchronous. Indeed, the lawyer fraternity is aghast to see Salman walking free, fully redeemed. This was when almost everyone believed from overwhelming circumstances that he was the culprit. The primary reason given for his acquittal was that the police did not do their job well.Further, a well-settled law point, specific of Section 32 of the Indian Evidence Act, 1872, was deviated from and it was considered that the statement of late Ravindra Patil could not be really tenable.<!– Dna_Article_Middle_300x250_BTF –>If this reasoning is taken forward, the veracity of every dying declaration shall get damaged.Indeed, the police were at fault. Sometime in 2012, an information emerged that certain sections of the police were helping Salman. The effect of such a misconduct was that the case would get lost in unending delays and non-appearance of critical witnesses. This information was verified and several incriminating facts emerged.It was found that important witnesses were not served summons. Star witness Kamaal Khan was permitted to go abroad without deposition even though he had undertaken before the court to present himself. Wrong names of doctors, who had nothing to do with the case, were brought in and this led to the delay of the trial by many years. Another star witness, Ravindra Patil, disappeared mysteriously and he was brought in only after an arrest warrant was issued.Ironically, his deposition happened only after he was put in jail. Statement of star witness Kamaal Khan was not recorded before the magistrate under section 164 of Code of Criminal Procedure, whereas statements of three non-star witnesses were recorded under this section.In sum, the case suffered from flaws.Nevertheless, many of these were rectifiable flaws. The Bombay High Court could have remanded the case for re-trial and even further investigation under the provisions of Section 386(a) and 173(8) of the Code of Criminal Procedure, 1973. Further, the high court ought to have come to a consequential finding with respect to driver Ashok Singh. He need to have been made accountable either for giving false evidence or for the act of driving, which killed and injured people.But the prosecution, it seems, did not do its homework. The state government was not vigilant enough to appoint special counsels so as to match the legal resources of the opposite party.For a case like Adarsh, where senior politicians were involved, government spent crores on counsels, but not in this case. The prosecution never put forward the case for a retrial before the high court. Nor did it come up with any plausible consequence to deal with the contradictions in driver Ashok Singh’s position.In short, it was a friendly investigation and a friendly trial. The outcome of the case had thus become apparent right from inception. What was expected indeed happened.Time has now come for the police to take remedial steps. While an appeal to the Supreme Court is required, the procedure stipulated in the police manual for prosecuting the defaulting cops where strictures are passed by the high court needs to be scrupulously followed. This alone shall bestow accountability on the defaulting public servants. (Abha Singh is an advocate at the Bombay HC)

Salman Khan ‘hit-and-run case’: Here’s why Bhai was found ‘not guilty’

What the Bombay High Court judge said.

File Photo

On Thursday, the Bombay High Court acquitted Salman Khan of all charges of the 2002-hit-and-run case in which he had been earlier convicted and sentenced to five years imprisonment by a sessions court. On September 28, 2002, his car had rammed into a bakery shop in suburban Bandra where one person was killed and four others were injured. What the trial court said in May 2015On May 6, Salman was convicted of culpable homicide and sentenced to five years imprisonment in the 2002 hit-and-run case but was granted interim bail till May 8. He had been found guilty of offences under section 279 IPC (rash and negligent driving), and sections 337 and 338 IPC (causing hurt by acts endangering life or personal property of others). He was also sentenced to jail for six months under sections 181 (driving without licence) and 185 of Motor Vehicles Act (drink driving).<!– Dna_Article_Middle_300x250_BTF –>Judge Deshpande had also rejected the prosecution’s plea that the actor was not drunk while driving and also that he didn’t have a driving licence. “All charges have been proved against you…What you have to say?” the judge asked Salman who was in the dock. “I hold that you were driving the vehicle. You were intoxicated. I also do not agree with your plea that the person who had died had received fatal injuries after a crane dropped the car on the persons underneath while removing it,” the judge said, rejecting the defence’s claim that the actor’s driver Ashok Singh was at the wheel when the accident took place.What Bombay High Court said in December 2015While acquitting the 49-year-old actor in a jampacked courtroom, Justice AR Joshi said, “The appeal is allowed. The trial court’s verdict is quashed and set aside. Salman is acquitted of all charges.” On hearing the verdict, Salman broke down. The actor, who wore a blue-white check shirt, arrived in the court at 1.30 p,m even as the police made a tight bandobast around the high court premises. He was accompanied by his bodyguard Shera, brother-in-law Ayush, sister Alvira and his manager.Justice Joshi, who started dictating the verdict on Monday, said the prosecution failed to establish its case against the appellant accused (Salman) on all charges.Lawyers, litigants and many others had gathered in and around the court to have a glimpse of Salman as he came rushing from a studio in Karjat on the outskirts of Mumbai where he was shooting.The judge said the burden is on the prosecution to establish the guilt of the accused and this needs to be done beyond reasonable doubt. There are various shortcomings by the prosecution like not recording evidence of necessary and important witnesses and omissions and contradictions in the evidence of injured witnesses, which definitely create a doubt about the involvement of Salman for offences for which he has been charged, the court said. On the basis of such evidence, Salman cannot be convicted, it said.The judge further said that the investigation was conducted in a faulty manner with many loose ends and as such benefit of this had to be given in favour of the accused. It is the duty of the court to analyse the evidence submitted to it and to see that the offence is proved beyond reasonable doubt, Justice Joshi said.He said he is of the considered view that the appreciation of evidence done by the trial court while convicting the appellant was not proper and legal, as per the principles of criminal jurisprudence. Consequently it must be said that this is not a case where the prosecution has successfully established its charges, he observed, adding that the entire evidence of the prosecution was circumstantial in nature.On the main aspects as to driving and drunkenness, the prosecution has not brought any material evidence which spells out the offence of the accused, the court said. The trial court erred in accepting bills (of Rain Bar and Restaurant where Salman had gone before the mishap) without a panchnama, the judge said while dictating the verdict. In summary: 1. The appeal is allowed. The trial court’s verdict is quashed and set aside. Salman is acquitted of all charges.2. The prosecution failed to establish its case against the appellant-accused (Salman) on all charges. The burden is on the prosecution to establish the guilt of the accused and this needs to be done beyond reasonable doubt.3. There are various shortcomings by the prosecution like not recording evidence of necessary and important witnesses and omissions.4. There are contradictions in the evidence of injured witnesses, which definitely create a doubt about the involvement of Salman for offences for which he has been charged. On the basis of such evidence, Salman cannot be convicted.5. The investigation was conducted in a faulty manner with many loose ends and as such, benefit of this had to be given in favour of the accused.6. The trial court erred in accepting bills (of Rain Bar and Restaurant where Salman had gone before the mishap) without a panchnama, 7. The judge said he is of the considered view that the appreciation of evidence done by the trial court while convicting the appellant was not proper and legal, as per the principles of criminal jurisprudence.Salman Khan case time-line: September 2002: Salman Khan’s car runs over five people sleeping on a Mumbai street killing a homeless man and injuring four others. October 2002: Khan charged with culpable homicide not amounting to murder was arrested but granted bail. May 2003: Court rejects Salman Khan’s plea to drop culpable homicide charge.June 2003: Bombay High Court drops culpable homicide charge and instead, he is tried for rash and negligent driving. October 2007: Ravindra Patil, the prime witness dies .March 2015: Salman Khan tells the court that he was drunk and his driver was behind the wheel. May 2015: Salman Khan is found guilty and given a five-year sentence by a trial court. December 2015: Salman Khan is acquitted of all charges.

2002 hit-and-run case: Fans rejoice Salman Khan’s acquittal

“It’s a big reason for happiness for us. He is an honest person. We are happy for him. Our prayers are with him,” added another fan.

Salman Khan’s fans on Thursday expressed their delight over the Bombay High Court’s decision to quash all the charges against him in the 2002 hit-and-run case and described the Bollywood actor as a very good ‘human being’.”Salman Khan is a very good human being. It’s good that he got acquitted. I watch his movies. I am waiting in front of his house to see him. I am very happy that he got acquitted,” said one of his fans.”It’s a big reason for happiness for us. He is an honest person. We are happy for him. Our prayers are with him,” added another fan.<!– Dna_Article_Middle_300x250_BTF –>Meanwhile, scores of fans of the ‘Dabangg’ actor have gathered outside his Galaxy apartment in Mumbai to celebrate his acquittal.The Bombay High Court earlier quashed all the charges against Salman in this case.The High Court said that on basis of evidences produced by the prosecution, the appellant cannot be convicted, no matter how differently the common man thinks.Pronouncing the verdict, Justice AR Joshi observed that the prosecution has failed to establish the case against Salman.The High Court also observed that appreciation of evidence by trial court is not proper according to principles of jurisprudence. There has been a faulty manner to establish procedure for connecting chain of evidence with regard to biological evidence, the High Court added.The actor was convicted of all charges by a sessions court earlier this year in the case relating to 2002 when Salman’s Toyota Land Cruiser had crashed into five men sleeping outside a bakery on Hill Road in Bandra in the early hours of September 28. One person was killed and four others were injured.

Salman Khan hit-and-run case: Bombay HC may discard evidence against actor

. Salman was granted bail by the Bombay High Court the same day he was convicted and sentenced by the session’s court.

The Bombay High Court may discard the evidence by the main prosecution witness Ravindra Patil in the 2002 hit-and-run-case involving Bollywood actor Salman Khan. The court observed that evidence of the injured is not devoid of inconsistencies and the prosecution had failed to prove the truthfulness of the witness, who claimed that Khan was intoxicated.”It’s difficult to accept the answer of witness Ravindra Patil (Salman’s bodyguard), who said that car tyre burst due to impact. In a criminal trial it’s the duty of the prosecution to establish its own case and not for the accused to prove his innocence,” the High Court said.<!– Dna_Article_Middle_300x250_BTF –>Earlier, the Supreme Court had rejected the plea to cancel the superstar’s bail filed by Patil’s mother. Salman was granted bail by the Bombay High Court the same day he was convicted and sentenced by the session’s court. On May 6 this year, Salman was convicted for culpable homicide not amounting to murder, besides several other offences and sentenced to five years jail against which he filed the present appeal in the High Court.

City no home to ailing 83-year-old Mumbai blasts convict

Sharif Parkar’s sons allege that indifference on part of JJ Hospital authorities may take a toll on the health of their father

Sharif Parkar, one of the convicts in the 1993 serial blasts

The family of a 1993 Mumbai blasts convict, Sharif Parkar, who is suffering from paralysis and dementia, is running from pillar to post for availing proper medical treatment to the physically- and mentally-challenged 83-year-old in the city itself. The family finds itself helpless in the hands of the JJ hospital authorities, who it alleges failed to show any concern for the aged ailing person. Though the Bombay high court, on its part was compassionate and had asked the Nashik jail authorities to provide the convict with necessary medication and supportive help, including physiotherapy, the family as well as the lawyers claim that the jail presents a shoddy picture, and is unconcerned about its prisoners.<!– Dna_Article_Middle_300x250_BTF –> Advocate Farhana Shah, who was appearing on behalf of Parkar, told dna that it is a rule of law that for a convict to undergo punishment, he/she needs to be physically as well as mentally fit. She claimed that the main intention of punishment is to reform a person; but in the present case, the person is unfit and not in a position to undergo reformation. “Parkar suffered a stroke inside Nashik jail on November 4, which left him paralysed. As the Nashik civil hospital did not have enough facilities to provide treatment in this case, he was shifted to JJ hospital. The hospital, however, after keeping him for 10 days decided to discharge him. We approached the high court against the hospital’s indifference and obtained a relief till December 7. On Monday, the hospital filed a report before the court claiming the convict has received required medical treatment,” said Shah. Claiming that there are allegations of jail authorities showing apathy towards convicts, Shah asked: “Who would be responsible if something bad happens to the convict?” Faizal Parkar, youngest of Parkar’s two sons, told dna, “My father didn’t receive proper medication at JJ Hospital. He was not even provided with diapers, which he badly requires for loss of control over bowel habits. Since he was in the custody of the jail, it was the duty of the hospital or the prison authorities to ensure him proper care.” Stating that he has all the medical bills as proof, Faizal asked, “If my father is meted out to such a bad treatment in a city hospital, what could be his plight in Nashik.” He added that the family will move the Supreme Court seeking justice. Parkar was held guilty for his role of landing explosives in the 1993 blasts case and was sentenced to life imprisonment in May 2013. The series of 12 blasts, that shook the city on March 12, 1993, had claimed the lives of 257 people and left 713 injured. What hospital saysDr TP Lahane, the dean of JJ hospital, told dna that Parkar was provided with required medication. “We filed a report before the HC in response to the petition filed by the convict’s family, where we informed that a panel of three doctors have checked the convict before filing the health report. The convict was provided with required medical treatment and what he now requires is supportive treatment (physiotherapy) for which hospitalisation is not required,” said Lahane.

Senior babus reluctance forces Maha govt to deploy fresh IAS batch in Naxal belt

Of the 29 ITDP projects in the state, 11 are considered sensitive due to more tribal density

After prolonged resistance and reluctance of senior officers to accept posts in tribal and Naxal-hit areas, the Maharashtra government has now deputed a fresh batch of Indian Administrative Services (IAS) officers in the most sensitive and backward areas, including Gadchiroli, to expedite the development backlog. Eight 2013 batch officers, including a woman and two tribals, took charge as assistant collectors-cum-project officers for the Integrated Tribal Development Project (ITDP) in eight different areas on December 2. This are SS Ramamoorthy (Aheri, Gadchiroli), A Diwegaonkar (Gadchiroli), Deepak Meena (Pandharkawda, Yavatmal), Shanmugrajan (Dharni, Amravati), Gangatharan (Kalwan, Nashik), Manjulekshmi (Nashik), Abhijit Raut (Taloda, Nandurbar) and Dr Rajendra Bharud (Kinwat, Nanded). For the first time, the government has deputed IAS officers for the ITDP job. A highly placed official from the tribal development department confirmed the development. “All the officers have been briefed about the challenges in the area,” said the official. He added, “Chief minister Devendra Phadnavis decided to fill in these vacancies in the most sensitive areas with fresh batch of officers so that better and transparent services to the tribal community could be rendered immediately. Other vacancies will be filled likewise.”<!– Dna_Article_Middle_300x250_BTF –>Of the 29 ITDP projects in the state, 11 are considered sensitive due to more tribal density. These most sensitive ITDP Offices are Nashik, Kalwan, Taloda, Jawhar, Dahanu, Dharni, Kinwat, Pandharkavda, Gadchiroli, Aheri and Bhamragad. Various posts of ITDP project officers have been lying vacant for many months. Senior babus have always been reluctant to take up the postings in these sensitive zones, despite a government resolution (GR) of 2002, which makes special provisions for expeditious and timely deployment of staff in tribal habitations and Naxal-dominated areas. This has adversely affected the services in these areas.Last year, the Nagpur bench of Bombay High Court had ruled that employees who never worked in tribal or Naxal-affected areas should be posted there at least once during the course of their service. The court also said that “those already working there for over three years should be transferred to other places”. “Things didn’t improve even then. Even the newly created Palghar district, which is a tribal dominated area, is struggling to get all the key posts filled,” admitted an official.The Congress-NCP government had set aside Rs1,000 crore for the integrated development of the Naxal belt across state. But every year, it came to notice, that they could not utilise the entire amount, which then lapsed. “Often, the projects undertaken in the Naxal belt were caught in the bureaucratic hurdle, thus defeating the very purpose of the special package,” said a source. The key issues which are of concern are lack of education and employment in the region. For instance, out of nearly 20,300 sanctioned posts of teachers and non-teaching staff in 29 projects, over 5,700 are lying vacant, according to the government figures.

300 persons prosecuted under Maharashtra’s beef ban law within 8 months

Representational Image

dna Research & Archives
The state government on Saturday in its affidavit before the Bombay high court, provided the information that over 300 persons have been prosecuted under Maharashtra’s new beef ban law ever since March 2015, as reported by an English daily. The division bench consisting of Justices Abhay Oka and S C Gupte, was made aware about the conditions in the state right from when the law was brought into force to October, wherein 155 cases were lodged under the Maharashtra Animal Preservation (Amendment) Act. While Amravati topped the list with 54 cases, Mumbai only registered two FIRs. <!– Dna_Article_Middle_300x250_BTF –>The cases registered were related to the sale or transport of bulls, bullock for slaughter as well as for possession of meat of a cow, bull or bullock. These charges are punishable with imprisonment of up to five years and a fine of Rs 10,000 and a jail term of one year and a fine of upto Rs 2,000 respectively. The High Court while hearing the petition, primarily focussed on section 5D, which criminalises possession of beef.While the petition filed by citizens of Mumbai stated that court needs to protect their rights, as they belong to “cultural minority”, who consume beef. Advocate general S G Aney and advocate Hiten Venegavkar, representing the state, said that, “India is a vast country and people have different cuisine as part of their daily food. Eating a particular food does not entitle the constitution of a minority… The state’s objective is not to impose a vegetarian regime.”The next hearing of this case has been scheduled for December 9.

Suraj Parmar suicide: High drama as 4 Thane corporators surrender

After producing in court at around 3 pm, Sudhakar Chavan and Hanmanth Jagdale complained of chest pain and were sent to JJ hospital, while Najib Mullah and Vikrant Chavan were remanded in police custody till December 14.

Hemant Jagdale, Najib Mullah, Vikrant Chauhan and Sudhakar Chauhan

Amid high drama, the four corporators alleged to be involved in suicide case of Thane-based builder Suraj Parmar surrendered at the additional commissioner of police (ACP) office in Kasarwadavli here on Saturday morning. The Bombay high court had earlier allowed the corporators to withdraw their plea for anticipatory bail and had asked them to surrender before the police. Around 200 to 300 supporters of the corporators, who gathered outside the ACP office “creating ruckus and honking” and accompanied the corporators even as they were taken to Thane civil hospital for medical check-up and from there to Thane sessions court.<!– Dna_Article_Middle_300x250_BTF –> After producing in court at around 3 pm, Sudhakar Chavan and Hanmanth Jagdale complained of chest pain and were sent to JJ hospital, while Najib Mullah and Vikrant Chavan were remanded in police custody till December 14. During the preliminary investigation, the cops found that one of the corporators had played a vital role in a case related to a murder which took place 25 years ago. However, police refused to disclose the name as the case is under investigation. Parmar, of the Cosmos Group, had shot himself on October 7. His suicide note alleged that a nexus of corporators and officials was harassing him for bribes. His diary also had names of politicians who were mentioned to as ES, DD and PS. When asked about their identity, Joint police commissioner VV Lakhsminarayan told dna that investigation is on and he is not in a position to reveal further on this.

Salman Khan hit and run case: Bombay High Court to decide actor’s fate soon

Khan has been convicted under charges of drunk and driving and causing the death of one person and injuring three others in 2002.

Salman Khan

PTI
The Bombay High Court will from December 7 start dictating its order in the appeal filed by actor Salman Khan challenging the five-year sentence imposed on him in the 2002 hit and run case in which one person died and four were injured.The defense on Friday completed its rejoinder arguments in the appeal and the court has now reserved its order for Monday. Counsel Amit Desai appearing for Khan stressed that Ashok Singh was not a “got up witness”, and the trial court had wrongly discarded his evidence.<!– Dna_Article_Middle_300x250_BTF –>Singh had appeared as a defence witness after the statement of Khan was recorded under section 313 of Criminal Procedure Code by Additional Sessions Judge DW Deshpande, who had conducted the trial. According to him, there have been several gaps in the statement of police constable Ravindra Patil, the police bodyguard of Khan, who was the first information and registered the FIR. “The FIR does not mention about alcohol and there has been subsequent improvements in his supplementary statement,” he said.Reiterating that Khan’s family friend and actor-singer Kamaal Khan, who was a co-occupant in the car, should have been put into the box, he said: “He is an available witness, his address in London and telephone numbers remains unchanged…he is a material witness, he is a cited witness….if he would have been examined facts in the issue and best evidence would have come to light.”The prosecution though has argued that the conviction has been correct and the evidence adduced before the trial court has been properly appreciated by the trial court.Khan has been convicted under charges of drunk and driving and causing the death of one person and injuring three others in 2002. He has been sentenced to suffer five years imprisonment and is presently out on bail granted by the high court.

2014 rally case: Bombay HC denies Arvind Kejriwal exemption from appearance

The bench asked Desai to withdraw the petition and seek discharge from the case before the magistrate.

The Bombay High Court on Friday refused to exempt Delhi Chief Minister Arvind Kejriwal from appearing before a magistrate court here tomorrow on a complaint lodged against him in connection with a rally last year. In March last year, the complaint was lodged against Kejriwal for holding a rally in suburban Mankhurd here without prior and requisite permissions from traffic police. Kejriwal had approached the high court seeking quashing of the FIR and exemption from appearing before the Kurla metropolitan magistrate court.<!– Dna_Article_Middle_300x250_BTF –>His lawyer Mihir Desai argued that Kejriwal had nothing to do with taking permissions and FIR can be registered against the local party member concerned. A division bench of justices R V More and V L Achiliya, however, observed that as the Aam Aadmi Party’s chairperson, Kejriwal also held responsibility. The bench asked Desai to withdraw the petition and seek discharge from the case before the magistrate. Desai, however, said he would have to take instructions from the applicant (Kejriwal) on this and sought the court to at least exempt Kejriwal from appearing before the magistrate court tomorrow. “Let him (Kejriwal) appear tomorrow before the magistrate and take permanent exemption from appearance,” the court said while adjourning the petition for hearing till December 11.

Teesta Setalvad not cooperating in probe: CBI

Seeking cancellation of anticipatory bail granted to them by the Bombay High Court, CBI claimed that “to ascertain whether the amounts were utilised for the purposes prejudicial to national interests, their custodial interrogation was required.”

The Central Bureau of Investigation (CBI) has alleged before the Supreme Court that social activist Teesta Setalvad and her husband, Javed Anand, facing probe for illegally receiving funds from the US-based Ford Foundation in violation of FCRA, had utilised the ‘foreign money’ and then submitted a report to the donor firm which was “derogatory, detrimental to the national interests and communal harmony.” Seeking cancellation of anticipatory bail granted to them by the Bombay High Court, CBI claimed that “to ascertain whether the amounts were utilised for the purposes prejudicial to national interests, their custodial interrogation was required.”<!– Dna_Article_Middle_300x250_BTF –>The Economic Offence Wing of CBI Mumbai, which has filed an appeal against the high court’s August 11 bail order, alleged that these social activists through their company M/s Sabrang Communication and Publishing Pvt Ltd (SCPPL) had received $2,90,000 from the Ford Foundation in 2006 without mandatory approval from the Centre under the Foreign Contribution Regulation Act (FCRA).It was alleged that despite the court’s direction to them, they were not co-operating in the investigation.On October 14, Setalvad and her husband were granted protection from arrest by the apex court till December 5 but were directed to co-operate in the investigation.Filing an affidavit on November 27, the agency said, “After receipt of contribution from the foreign source, they submitted information to the donor much beyond the scope of objectives of the company M/s. Sabrang Communications and narrative. Reports were submitted to the donor and information to foreign sources which are derogatory to India and detrimental to national interests and communal harmony.”They knew permission of Central government was required but they conveniently avoided the same and received foreign contributions from Ford Foundation violating the provisions of FCRA and Rule,” the affidavit also said.Further, CBI alleged that despite assurance from Setalvad and Anand to furnish the original documents relating to their company’s income and expenditure about the money $2, 90,000 for the period 2004-2010, they have not supplied any detail till date.”There is absolute non-co-operation from the side of respondents (Setalvad and Anand) in the investigation of this case. They were not prepared to make any disclosure regarding utilization of grant $2, 90,000 received by them as well as the connected relevant records such as cash books, bank accounts of the company from 2004 till date, ledger accounts, original vouchers showing expenditures of grant received from Ford,” the CBI said referring to its November 2, 2015 notice to them.Dismissing Setalvad’s claim that the amount which was received by M/s Sabrang Communication from Ford Founadation was consultancy fee for their professional services, the agency indicated the letters seized by CBI during searches conducted at the office premises of M/s Sabrang in July and said the documents establish that the amount was “grant” received from a foreign firm illegally.The couple also face another case of alleged embezzlement of funds for a museum at Ahmedabad’s Gulbarg Society that was devastated in the 2002 riots

Bandra properties worth hundreds of crores donated for charity cause

The deceased Joseph Periera’s will, probated in 1987, was executed only in January this year

The bungalows on Hill Road and Bullock Road, off Bandstand in Bandra

Every charitable act is a stepping stone towards heaven. And so believed Joseph Felix Periera, the reason why he willed his worldly goods – prime properties in Bandra, now worth several hundred crores – for charitable cause.As per Joseph Periera’s will, which changed hands after his death to niece Martha Pereira, and from Martha to her niece Marie Fernandes, one portion of the property on Hill Road will go to St Andrew Church and St Anthony’s Old Age Home, while the property on Bullock Road off Bandra Bandstand will go to Archdiocese of Bombay. The property on Hill Road is just a stone’s throw away from St Andrew Church, which is celebrating 400 years since it was rebuilt.<!– Dna_Article_Middle_300x250_BTF –>Though the will for the properties spread across several thousands of square feet was probated in 1987, it was executed only in January this year. A small part of the property has been retained for Marie Fernandes, responsible for executing the will after Martha passed away earlier this year.”The will was probated in 1987 and given to us in January this year. The paper work, transferring the property in our name, is yet to be over. We have given an application to the city survey office to get details of the area and hence cannot state the exact area,” said Fr Gerald Richard Crasto, estate manager of the Archdiocese of Bombay, who confirmed that the Archdiocese has been given the Marina Manora bungalow property on Bullock Road off Bandstand.The other property that has been willed on Hill Road has popular restaurants like Kobe and Zaffran on its ground floor. Parish priest of St Andrews Church was not willing to come forth with details of the property when dna approached him.While some parts have tenants in both properties, others are empty. Managers at Kobe and Zaffran said they were not in the know and that authorised persons of the restaurants would respond later. However, they did not get back. At Marina Manora, a relative of one of the tenants whose number has been put up on the locked door, said he is not the right person to talk to and that his relatives have held the property for 40 years and are travelling. No one answered the door bell at the other tenant’s flat. dna dropped its card but did not hear from them.Church officials said that the donated property was willed for a charitable cause. “Each place has been willed to make charitable institutions like children’s homes etc. At Marina Manora, the charitable institution should be named after Periera,” said Crasto.”The Church informs its parishioners about weekly collections from the altar during Sunday masses. It should make such massive donation for charity cause also public. It would encourage more people to come forth and do more charity work. Transparency in such matters will also keep church above allegations of corruption and wrong-doing,” said Anil Joseph, a resident of Bandra and member of the community.

Mumbai Central chawl dwellers take redevelopment upon themselves

What’s more, even the Brihanmumbai Municipal Corporation (BMC) has agreed to accept their proposal. The property in question is a Bombay Improvement Trust (BIT) chawl.

The BIT chawl in Mumbai Central
Emmanual Karbhari

Redevelopment is DIY (Do It Yourself) stuff. Over 1,000 residents from a Mumbai Central chawl are getting ready to show us all how. When they do it, it will be real-estate history.Fed up with dubious developers, cheating, forgery and delays, the residents have decided to redevelop the Bellasis Road property on their own.What’s more, even the Brihanmumbai Municipal Corporation (BMC) has agreed to accept their proposal. The property in question is a Bombay Improvement Trust (BIT) chawl.<!– Dna_Article_Middle_300x250_BTF –>”We have been struggling with developers for almost a decade. So, we thought of this move. We will submit our proposal to the BMC soon, along with the consent of residents,” said activist Santosh Daundkar of the BIT Chawl Seva Sangh. The residents have called for a special general body meeting on Sunday.Most of the 1,074 tenants, occupying 19 buildings, have lived here for generations and don’t want to leave the prime locality.”Of the 19, three buildings are occupied by policemen and three others by BMC staffers. Once we get formal approval, we will go for tendering and redevelop the property in a transparent manner. Each tenant will also get a corpus fund of around Rs 6 lakh. We will appoint a top firm to undertake the redevelopment,” Daundkar said. Normally, when a developer undertakes redevelopment, tenants only get a bigger flat and no profits. In this case, the redevelopment firm will only charge a flat rate, leaving the profits for the tenants.Right now, there are common toilets on each floor.After redevelopment, each tenant, owning a 180 sq-ft room, will get a one-room self-contained flat of 500 sq ft.The residents are aided by structural engineer Chandrashekhar and IPS-officer-turned-lawyer YP Singh, who will look after the legal aspects.”Tenants can even make a good profit if they redevelop the chawl themselves. There will be no illegalities or irregularities, which is, usually, the case when developers step in,” Singh said.BMC officials said that a society of residents could redevelop a chawl. “The redevelopment will happen under Section 33(7) of the Development Control Rules. If their proposal fits the bill and gets 70% consent, they can redevelop. However, other developers will also be eligible. It will be open to all,” said Kishore Kshirsagar, deputy municipal commissioner (estates).The redevelopment of the massive complex has been mired in controversy, with allegations of corruption and bogus documents being raised.”Redevelopment of other BIT chawls is also stuck due to developers,” said Daundkar.”If our project is successful, it will set a new trend. Tenants in other societies will also go for self-redevelopment, instead of being at the mercy of developers,” he said.Hope developers are listening.

Grant licences to dance bars in 2 weeks: Supreme Court tells Maharashtra

The Bench, meanwhile, allowed Vinod Patil, president of the R R Patil Foundation, to intervene in the matter. Patil, in his plea, had claimed that reopening dance bars would increase crim

Observing that dance is a respectable concept in India and women can’t be barred from earning livelihood by dancing, the Supreme Court (SC) asked the Maharashtra government to implement its order granting licences to restaurant owners in two weeks. The court questioned the state government’s arguments on morality to ban dance bars and asked the Devendra Fadnavis government to regulate obscenity, too. Expressing displeasure over the state government’s delay in implementing its direction, a Bench headed by Justice Dipak Misra said: “Dance is a respectable concept in India and how can women be barred from earning livelihood by performing dance?”<!– Dna_Article_Middle_300x250_BTF –> Senior advocate Harish Salve, appearing for Maharashtra, said that any direction of the court will be respected and adhered to. The Bench, meanwhile, allowed Vinod Patil, president of the R R Patil Foundation, to intervene in the matter. Patil, in his plea, had claimed that reopening dance bars would increase crime. On October 15, the Bench stayed an amended law, Maharashtra Police (second amendment) Act, passed by the Maharashtra Assembly, banning dance bars. Restaurant owners had challenged the amendment, arguing that the state was thwarting the intention of the court. The top court concurred, observing that although it had set aside a similar provision, the law had been brought back in a new manner. Nearly 1,500 bars across Maharashtra had employed more than 75,000 women dancers before the state government first imposed the ban in 2005. The Maharashtra Assembly first passed the law that year enabling the ban, which the Bombay High Court (HC) struck down as “unconstitutional” in 2006. The state government approached the SC against the HC’s judgment and the matter was decided in July 2013, with the top court, too, rejecting the ban. The state assembly had, on June 13 last year, passed the Maharashtra Police (second amendment) Bill, which prevented licences for dance performances in three-star and five-star hotels. The ban also covered drama theaters, cinema halls, auditoriums, sports clubs and gymkhanas, where entry is restricted only to members.

Ramdev claims to not have received FSSAI’s notice over Patanjali noodles

The FSSAI notice requires Patanjali to answer within 15 days. Speaking to dna, Tijarawala said that they had not yet got the notice and had only learnt about it through “media reports.” He also reiterated their earlier stand that Patanjali had followed all the rules and regulations.

As matters between the apex food regulatory body and Baba Ramdev’s consumer goods company Patanjali Ayurved escalated over the newly launched Patanjali noodles, the godman again denied any wrongdoing on his part.After the Food Safety and Standards Authority of India claimed to have served a showcause notice to Patanjali Ayurved and one of its contracted manufacturers Akash Yog, for not having the appropriate licence to manufacture the noodles, Baba Ramdev told the media, “Patanjali Ayurved has not violated any law of the FSSAI. Patanjali has so far followed all the guidelines of the FSSAI and we will follow the guidelines which will be made in the future.”<!– Dna_Article_Middle_300x250_BTF –>He also said that the company would respond legally to the notice. However, Ramdev, and his company spokesperson SK Tijarawala claimed to not have received any notice so far.The FSSAI notice requires Patanjali to answer within 15 days. Speaking to dna, Tijarawala said that they had not yet got the notice and had only learnt about it through “media reports.” He also reiterated their earlier stand that Patanjali had followed all the rules and regulations.When asked about the FSSAI cracking down on them because instant noodles didn’t come under the pasta category, the licence currently held by Patanjali, Tijarawala said that Patanjali would answer all such and any other questions that the showcause notice would ask, when they receive it. They would take it further from there.Though Patanjali noodles are only now hitting stores, Ramdev’s company had announced their launch in the wake of Maggi noodles’ disappearance from the market, hoping to cash in on the gap left by them. The day Nestle rolled out Maggi, after all bans being lifted, FSSAI not only cracked down on Patanjali, but also appealed against the Bombay High Court order favouring Nestle, asking for a stay on Maggi’s sale.

PIL in Bombay HC against website for ‘glorifying’ Nathuram Godse

The petition, filed by social activist Ketan Tirodkar, urged that the authorities may be directed to register an offence under section 121 of IPC which deals with ‘waging war against the nation.’
File Photo
Getty Images
A Public Interest Litigation (PIL) was filed in the Bombay High Court on Monday seeking a direction to Maharashtra government to register an offence against concerned persons for allegedly launching a website “glorifying” Mahatma Gandhi’s assassin Nathuram Godse.The petition, filed by social activist Ketan Tirodkar, urged that the authorities may be directed to register an offence under section 121 of IPC which deals with ‘waging war against the nation.’ According to the PIL, the act of launching website amounts to committing the offence of ‘waging war against the nation’ and urged that action should be taken against those who had launched the website, “http://www.menathuramgodse.com.<!– Dna_Article_Middle_300x250_BTF –>The Contact page (of the website) reflects the address of Shivaji Nagar, Pune, of one Nana Godse, the PIL said and added that the petitioner had sent a complaint by e-mail to Mumbai and Pune Police but they have so far not registered any offence. The petitioner also offered to produce a copy of the complaint. The PIL is expected to come up for hearing in due course.

What’s in a name? A look at Bombay 20 years after it was renamed Mumbai

The far-right Shiv Sena party made international headlines in 1995 when it forced the change, but many residents continue to use the old colonial name out of politics or habit.

With the Bombay High Court and Indian Institute of Technology Bombay just two of several institutions still using its English appellation, foreign tourists could be forgiven for feeling confused.

Bombay High Court. ReutersBombay High Court. Reuters

Bombay High Court. Reuters

“When Bombay became Mumbai everything else should have followed and I don’t know why it’s taking so long,” Arvind Sawant, a Shiv Sena lawmaker for south Mumbai, told AFP.

Shiv Sena is strongly pro-Marathi, the dominant language and ethnic group in the state of Maharashtra, of which Mumbai is the capital.

The party renamed the western Indian city after the goddess Mumbadevi, the protector of fisherman who were the area’s original inhabitants, shortly after being elected to run the state government.

Marathi speakers had always called the city “Mumbai“, and the move was popular among that community, whereas “Bombay” was an anglicised take on the Portuguese colonial name “Bom Bahia”, or “good bay”.

Mumbai‘s switch was one of a number of Indian city name changes in recent years, notably Chennai, which used to be Madras, and Calcutta, now known asKolkata.

After India‘s central government officially approved Mumbai‘s renaming, the city’s civic body, called the Bombay Municipal Corporation, became the Brihanmumbai Municipal Corporation in early 1996.

But some other state institutions remained unchanged and Shiv Sena, now a junior partner in the state government, has unfinished business as far as the renaming programme goes.

Mumbai High Court? 

“All of the government institutions have to be changed,” said Sawant, who wants the Bharatiya Janata Party-led central Indian government to start by agreeing to Shiv Sena‘s demand to rename Mumbai‘s top court.

Shiv Sena lost power in 1999 and the renaming of the historic courthouse, which was established in 1862 under British rule, dropped off the agenda.

“The Bombay High Court should be the Mumbai High Court. I’ve raised the issue in parliament and the government has to follow through with it. We are demanding that they change it now,” the MP told AFP.

India‘s Justice Minister D. V. Sadananda Gowda has reportedly agreed to put the proposal to the cabinet before tabling it in parliament, where it is likely to be passed.

Sawant also has public university IIT Bombay in his sights but admits that persuading private establishments, such as the Royal Bombay Yacht Club and Bombay Gymkhana, to dispense with part of their heritage will be more difficult.

“We cannot force them to change their name but we expect them to and they should do it now,” he said.

The director of IIT Bombay and the CEO of the Bombay Gymkhana both declined to comment when contacted by AFP.

“If they want they can change, but nobody can compel them to,” Indian National Congress MP Husain Dalwai said, adding that Shiv Sena liked to trumpet “these emotional types of issues”.

‘Mumbaikar’ or ‘Bombayite’ 

“Bombay” and “Mumbai” are used interchangeably, for example The Times Group publishes the “Mumbai Mirror” newspaper and also the “Bombay Times”.

“Many people change what they call the city depending on what language they are talking in,” said Naresh Fernandes, author of “City Adrift: A Short Biography of Bombay”.

The names “reflect the multi-lingual character of the city”, he added.

While the two names tend to live happily side by side, earlier this year musician Mihir Joshi fell foul of India‘s Central Board of Film Certification when it objected to his use of Bombay and bleeped the offending lyric out of his video.

“Mumbaikars” point out that Mumbai was the city’s original name while some “Bombayites” feel the name change was too closely associated with the Bombay riots of December 1992 and January 1993.

Shiv Sena leaders were accused of inciting anti-Muslim violence that left more than 1,000 people dead. It swept to power in state elections shortly afterwards on the back of its pro-Marathi stance.

“It’s Bombay for me and always will be,” Fernandes told AFP.

“I think because it followed so closely after the riots that to many of us it was really a name change soaked in blood,” added the writer, who covered the renaming as a journalist.

But two decades on and with the city’s youngsters having grown up knowing their home only as Mumbai, Bombay’s time could soon be up.

“When my generation passes on, maybe Mumbai won’t stick in the craw in the same way,” Fernandes said.

AFP

Maharashtra FDA finds ‘misbranding’ of pasta, noodles even as Nestlé says Maggi is safe

The row over noodles with respect to food safety might have just re-emerged in India.

The Maharashtra Food and Drug Administration (FDA) conducted laboratory tests on 27 samples of pasta and noodles variants of several brands, and found that at least 25 of them contained monosodium glutamate (MSG), even though the labels of the packages said, ‘No Added MSG’, reported Indian Express.

Representational image. Reuters

Representational image. Reuters

“None of the samples have lead beyond permissible limits. But there were other contraventions. Certain quantities in a few samples were beyond what was mentioned on the label of the package,” the report quoted G Parlikar, assistant food commissioner, FDA, as saying.

He also said that the ash value in the samples exceeded the figure printed on the labels.

This revelation by the Maharashtra FDA comes after Nestlé India on Wednesday had said that Maggi noodles has cleared the tests ordered by the Bombay High Court at three accredited laboratories and that the effort will now be on to re-launch the popular snack within this month.

“We have received the results from all the three NABL (National Accreditation Board for Testing Calibration Laboratories) mandated by the Bombay High Court to test newly-manufactured Maggi noodles samples,” the company had said in a regulatory filing with stock exchanges.

“All the samples of the Maggi noodles masala have been cleared with lead much below permissible limits,” the statement had said, adding this has validated their stand, maintained all along, that the noodles were and continue to be safe.

With inputs from IANS

Returning awards to protest was started by Tagore: Sitaram Yechury

“Has there been any apology from either the RSS or the BJP for the 2002 communal genocide in Gujarat,” he asked.

“RSS has to answer why it did not join the national struggle for freedom?” he asked

Taking a swipe at BJP for alleging that the Left was behind the return of awards by scholars and others over “growing intolerance,” CPI(M) leader Sitaram Yechury on Thursday thanked Union Minister Venkaiah Naidu for bracketing the Left with stalwarts like Rabindranath Tagore who had started such a form of protest. Responding to Naidu’s charges the ongoing protests were a joint campaign by Congress and Left-leaning intellectuals, he said “the return of State awards as a form of protest is nothing new. During the course of the freedom struggle this has happened on many an occasion.<!– Dna_Article_Middle_300x250_BTF –>”Recollect that Gurudev Rabindranath Tagore returned his knighthood in protest against the atrocities of the British colonial rule in India. … We are thankful to Shri Venkaiah Naidu Garu for bracketing the most exalted and enlightened Indian minds with the CPI(M).”In the same vein, Yechury said “when it comes to saying that in the past why did ‘so and so’ not protest and why protests are taking place now, the RSS has to answer why it did not join the national struggle for freedom? “Even Nanaji Deshmukh, a respected RSS leader, has asked in his book why the RSS had not participated in the freedom movement as an organisation? Yechury said the British Home record, on the basis of intelligence reports telegraphed to London by the Bombay Police department, had noted that the Sangh has “scrupulously” remained within the law. “Has the RSS ever answered why they cooperated with the British during the course of the freedom struggle,” he asked, adding that Sardar Patel ordered the ban on the RSS saying “the cult of violence spearheaded by the Sangh” that had claimed many lives including that of Mahatma Gandhi.Yechury said “till date the RSS has not retracted or apologised for their Guru Madhav Sadhashiv Golwalkar’s observation that we should learn from the methods used by Hitlerite fascism and that India should ‘learn and profit’ from this.” “Has there been any apology from either the RSS or the BJP for the 2002 communal genocide in Gujarat,” he asked. The CPI(M) General Secretary said the hallmark of the current intolerance was the violent attacks that are being unleashed all across the country. Yechury said while the issue was being raised in Parliament from the first session since Narendra Modi government took office, “till date, forget any action, no assurance (to check such assaults) has been forthcoming from the Prime Minister.”

Builder Suraj Parmar’s suicide: Bombay HC expedites hearing on pre-arrest bail

His suicide note alleged that a nexus of corporators and officials was harassing him for bribes.

Public prosecutor Raja Thakare today mentioned the matter before a vacation bench headed by Justice Ravi Deshpande

The Bombay High Court today advanced the hearing of anticipatory bail petitions of four corporators from the neighbouring Thane in connection with the builder Suraj Parmar suicide case upon the prosecution’s request. The High Court had on November 3 granted interim protection from arrest to Vikrant Chavan (Congress), Najib Mulla, Hanumant Jagdale (both NCP) and Sudhakar Chavan (independent) and posted the hearing of their pre-arrest bail pleas to December 2.Parmar, a leading builder, shot himself on October 7. His suicide note alleged that a nexus of corporators and officials was harassing him for bribes. Thane police registered a case of abetment of suicide under the IPC and `criminal misconduct’ under the Prevention of Corruption Act as the suicide note allegedly named these four corporators. Public prosecutor Raja Thakare today mentioned the matter before a vacation bench headed by Justice Ravi Deshpande and sought hearing at the earliest saying it was a sensitive case and the four corporators were facing some serious allegations.<!– Dna_Article_Middle_300x250_BTF –>The charges of corruption have to be investigated expeditiously and their custodial interrogation was required, the prosecutor said. The court accepted his contention and advanced the hearing to November 23. Earlier, the Thane sessions court had rejected the anticipatory bail pleas of these four corporators.

Bombay HC upholds life sentence of four for murdering Muslim couple during 1992 riots

Mumbai: The Bombay High Court has upheld the conviction and life sentence awarded to four persons for murdering a Muslim couple during the 1992 communal riots in Mumbai, while observing that the prosecution proved its case beyond reasonable doubt.

A division bench of Acting Chief Justice VK Tahilramani and Justice AS Gadkari on 27 October dismissed the appeals filed by the four convicts – Suhas Panchal, Sanjay Mandavkar, Sunil Mandavkar and Chandan Lokhande – challenging a sessions court order of February 2011 convicting them for murder and imposing life sentence on them.

Bombay High Court. Reuters

Bombay High Court. Reuters

According to the prosecution, the accused, soon after the communal riots in Mumbai in December 1992, had asked Gani Shaikh and his wife Rabiya Shaikh to vacate the room he and his family were staying in at suburban Chembur or else face dire consequences.

On the night of 11 January, 1993, the accused persons allegedly pelted stones at the house of the Shaikhs and dragged Rabiya out of the house and stabbed her with a sword and also attacked Gani.

While Rabiya died on the spot, Gani succumbed to his injuries in the hospital later. The couple’s four children managed to escape from the spot.

Senior counsel SR Chitnis, appearing for the accused, argued that the prosecution has not been able to prove that the accused were present at the spot at the time of the incident.

He further argued that the prosecution case relies on the evidence of the couple’s children who were eye-witness to the incident, but they have not mentioned names of the accused in their statement.

Prosecutor HJ Dedhia argued that the accused were angered with the assault on one of their brothers during the 1992 riots and hence, had a grudge against the Muslim community. A fortnight before the incident, one of the accused had threatened Shaikh to vacate the house, he said.

The court, after perusing the evidence and facts of the case, dismissed the appeals and upheld the conviction.

“We are of the considered opinion that the appellants in pursuance of conspiracy have acted in concert and while exhibiting the common intention they committed the crime in question. The appellants are the perpetrators of the said crime and are guilty of the offence for which they are charged with,” the court said.

PTI

Mumbai: Man held for stealing doctor’s laptop

He then informed about the same to the security and on checking the CCTV footage of the hospital, it was found that an unknown man had entered the room around 1.07 pm and left with the valuables.

Azad Maidan police on Saturday arrested a 31-year-old man for allegedly stealing a laptop of a doctor working with Bombay Hospital and a wrist watch. The accused — identified as Yogesh Babulal Jaiswal, who is a resident of Andheri — has four cases of theft registered against him with the police. According to the complainant, on August 31, Dr Varun Deshmukh had kept his laptop in his room and had left for work at the hospital. On returning to the room on the night of September 1, he learnt his laptop and a wrist watch of his friend was missing from the room.<!– Dna_Article_Middle_300x250_BTF –>He then informed about the same to the security and on checking the CCTV footage of the hospital, it was found that an unknown man had entered the room around 1.07 pm and left with the valuables. A complaint was then lodged with Azad Maidan police. On October 31, around 3 pm, a police patrolling team spotted a man walking suspiciously at MK Road near Marine Lines. The police team then caught the man and questioned him. During sustained questioning, the man admitted of having stolen a doctor’s laptop and watch from the Bombay Hospital.”We went through the CCTV footage submitted by the doctor at the time of lodging the complaint and Jaiswal turned out to be the same person caught in the footage. Jaiswal has four cases of theft registered against him at Azad Maidan police station. We are yet to recover the stolen property,” said an officer from Azad Maidan police station. Jaiswal has been booked under section 380 of Indian Penal Code for committing theft in dwelling house.

Government approves additional Rs 12 crore as relief for rape, acid attack victims

“We had sent the request for more grants way back in April and are happy that the sanction has been given. The process of disbursal shall start soon,” said a senior officer.

The rape and acid attack victims waiting to be compensated under the state government’s much-talked-about Manodhariya scheme can expect some relief as the finance department has finally approved an additional budget of Rs 12 crore for disbursal under the scheme, said a government resolution released on October 27. Within two years of its launch, the state government’s Manodhariya scheme – meant for rehabilitating victims of rape, children subjected to sexual abuse and acid attack survivors – began facing severe financial crunch. As per the official data, 1,178 victims were waiting for the rehabilitation money as of April, 2015.<!– Dna_Article_Middle_300x250_BTF –> “We had sent the request for more grants way back in April and are happy that the sanction has been given. The process of disbursal shall start soon,” said a senior officer. Early this year, the state government was pulled up by the Bombay high court over its half-hearted implementation of the Manodhairya scheme. The state government had then claimed to have spent around Rs 27 crore between January 2014 and February 2015 to compensate and rehabilitate the survivors. In Mumbai, out of a total of 499 cases, the department sanctioned compensation for 304 victims under the scheme during the same period. However, 145 victims are still waiting for compensation. In February, while pulling up the government, the court had directed it to spell out its efforts towards publicizing the Manodhairya scheme among survivors as well as the police and investigating authorities. The court’s order had come on the petition filed by Aarti Thakur, an IT professional and an acid attack survivor. Thakur had sought compensation of Rs4 lakh towards her medical expenses and corrective plastic surgery. The scheme was launched in 2013 by the Congress-NCP government. The scheme gives financial assistance ranging between Rs 2 lakh and Rs 3 lakh with separate funds of up to Rs 50,000 for injuries and incidental costs such as travel and medical expenditure. The pile-up Number of rape and acid attack cases registered — 3,523 Number of cases that saw approval for compensation – 2,532 Number of victims who have received compensation — 1,354 Number of victims who have yet to get compensation –1,178 (Data sourced from women and child department for the period of October 2013- April 2015)

Gas leak at Bombay High contained

The team left the platform after successful repairs, they said, adding the timely intervention prevented a potentially hazardous situation.

The Navy deploys ISVs to provide security to the Bombay High Offshore Development Area.

A “hydrocarbon leak” was detected at an unmanned oil platform of Oil and Natural Gas Corporation (ONGC) at Bombay High but was contained by a Navy team, sources said on Thursday. “Hydrocarbon leak was detected on an unmanned oil platform of Nilam oil field at Bombay High last morning,” a defence official said. The Navy rushed an Immediate Support Vessel (ISV) upon the request by ONGC and a repair team of two persons, along with equipment was moved to the platform, the official said.The team left the platform after successful repairs, they said, adding the timely intervention prevented a potentially hazardous situation. The Navy deploys ISVs to provide security to the Bombay High Offshore Development Area. <!– Dna_Article_Middle_300x250_BTF –>

Kirit Somaiya submits fresh graft complaint against Ajit Pawar, Sunil Tatkare

The BJP MP alleged that the probe agencies have found several non-transparent transactions, including scandalous appointment and money laundering by FA Construction, allegedly belonging to Pawar and Tatkare.

Firing a fresh salvo at senior NCP leaders Ajit Pawar and Sunil Tatkare, BJP leader Kirit Somaiya, MP, on Friday submitted a new complaint against them to the Anti-Corruption Bureau (ACB). Somaiya alleged that Pawar and Tatkare were involved in money laundering and other financial irregularities adding up to Rs 800 crore.Somaiya in his complaint letter to the ACB said as per the direction of the Bombay High court several investigative agencies were asked to probe the irrigation scam. The BJP MP further alleged that the probe agencies have found several non-transparent transactions, including scandalous appointment and money laundering by FA Construction, allegedly belonging to Pawar and Tatkare.<!– Dna_Article_Middle_300x250_BTF –>”There are cash transactions of Rs 800 crore that were done from an account of FA Construction with the Union Bank. Any transaction amounting to more than one lakh rupees automatically comes under the Income Tax radar, and here we are taking about transactions worth Rs 800 crore,” said Somaiya.Somaiya further alleged that FA Construction was not legally qualified to bag tenders in the irrigation project as they in connivance with the Konkan Irrigation Development Corporation (KIDC) officials “at the behest of Pawar and Tatkare” had bagged more than three projects which was a clear violation of relevant guidelines.Somaiya in his complaint to the ACB also alleged that Pawar and Tatkare in order to receive kickbacks had floated more than 300 bogus companies. “There are transactions which show submission of bogus bills of around Rs 160 crore which clearly shows that the fraud was done by both the NCP leaders,” Somaiya said.The BJP leader said that besides the ACB, he has written to the Enforcement Directorate, Union Bank, Income Tax and other related agencies to launch an investigation to “unearth the truth”.The irrigation scam, which was initially pegged at Rs 70,000 crore, had thrown up names of several ministers and senior officials linked to it.Prominent among those were former irrigation ministers Ajit Pawar and Sunil Tatkare and senior officials working in the department.The scam was unearthed after whistleblower, Vijay Pandhare, joined hands with Aam Aadmi Party leader Anjali Damania to get details under RTI which stated contracts being scaled up several times with allegations of not even 0.1 per cent work being completed.Some of the contracts issued by Vidharbha Irrigation Development Corporation (VIDC) saw a sudden inflation in costs. Some of these, were alleged to have been done because of direct intervention of Pawar.Though Pawar resigned, he was re-instated as the deputy chief minister after a white paper by Congress-NCP government, absolved him. It also stated that the irrigation work had been more than 0.1 per cent.When contacted by dna for comment on Somaiya’s allegations, NCP spokesperson Nawab Malik said it is a false propaganda against the party. “It’s their government in power, let them conduct the inquiry, and if any one is found guilty, let he or she be punished but there should not a media trial. In the list of accusations made against us, it one more that they have added. We have full faith in the judiciary.”

Hot vada pavs to go off streets as Bombay High Court bans road-side cooking

BMC told to remove stalls which cook on road, footpath as they are a health hazard to the citizens

Working people taking breakfast from eateries near Elphinston Road

dna
Are you among those who gorge on hot samosas and vada pav from one of those make-shift stalls along city’s busy streets? Well, you may then find this hard to swallow. In a significant order, the Bombay High Court on Friday asked the Brihanmumbai Municipal Corporation (BMC) to remove those vendors as well as temporary/ mobile/ make-shift structures engaged in preparation/cooking of food items on streets, lanes, sidewalks and footpaths, that are not covered under the Street Vendors’ Act. A division bench consisting of Justice Abhay Oka and Justice Revati Mohit Dhere said, “Those persons cooking/preparing on the streets/pavements are creating a health hazard to the citizens. They create dirt and nuisance. Thus immediate action of evicting the persons who are carrying out such illegal acts of cooking and making food will have to be initiated by the corporation in accordance with law.”<!– Dna_Article_Middle_300x250_BTF –> However, street vendors who hold valid licences and are conducting their business lawfully need not have to fear action. The order, in fact, will be a big push to the ongoing drive of the civic body against eateries – operating without valid licence and NOC (no-objection certificate) from fire department and other divisions – after the recent fire in a Kurla eatery claimed eight lives. The court has also set a two-month deadline for the corporation, starting Friday, to remove the illegal eateries after serving them with relevant notice. A senior advocate of the corporation said, “The order is good for the general public, but could be difficult for the civic body to implement. Whether to challenge the order in the apex court will be decided after going through the order in detail.” The court asked the civic body to ready itself for the civil proceedings that are likely to initiated by the illegal vendors in courts. A tracking system has to be created by the corporation to attend to the litigations promptly, it said. The court also directed traffic police to take necessary action, in accordance with law, to prevent indiscriminate parking of vehicles by the customers outside such eateries. The state government also has to, in a month’s time, clarify how soon it will be enforcing the proposals under street vendors’ Act. While observing that street vendors in operation before May 1, 2014 are entitled for protection, the court said the stalls should be evicted/relocated till the survey under the street vendors’ Act is carried out and certificates of vending issued in accordance with provisions of the town vending committee. The court’s directive was given during the hearing of a public interest litigation (PIL) filed by Janhit Manch, social activist Bhagwanji Rayani and Vile Parle Kelawani Mandal (VPKM), which runs around 40 educational institutions. The petition seeks that the corporation be directed to take action against illegal hawkers outside their institutions, and between Gulmohar Road and LN Cooper Hospital, as it has been declared a ‘no-hawking zone’ and also that it causes nuisance.

Sohrabuddin Shaikh fake encounter case: Bombay HC rejects activist Rajesh Kamble’s plea

The court held that the petitioner did not have any locus standi in the case, as private persons cannot be allowed to intervene in the matter.

dna Research & Archives
The Bombay High Court on Wednesday rejected the intervention application filed by social worker Rajesh Kamble regarding the 2005 Sohrabuddin Shaikh fake encounter case. Kamble had pleaded to the court to not allow withdrawal of the revision application that has challenged the discharge of BJP President Amit Shah in the case. The court held that the petitioner did not have any locus standi in the case, as private persons cannot be allowed to intervene in the matter. Kamble had pleaded that the court should take suo-moto cognizance of the discharge order passed by the session’s court.<!– Dna_Article_Middle_300x250_BTF –> The application was strongly opposed by Shah and Rubabuddin Shaikh, brother of deceased Shaikh, on the grounds that Kamble’s application was not maintainable. Sohrabuddin, an alleged gangster whom the Gujarat police had claimed to have links with Pakistan-based terror outfit Lashkar-e-Taiba, and his wife Kausar Bi, were allegedly abducted by Gujarat Anti Terror Squad from Hyderabad while they were on their way to Sangli in Maharashtra and then killed.

Govt okays collegium recommendation to extend tenure of 21 addl judges

Accepting the recommendation of the collegium, the extension or ‘reappointment’ has been cleared by the government.

To overcome shortage of judges, government had sought permission of the apex court to give extension to additional judges in various high courts .

The government is learnt to have cleared the recommendation of the collegium, which returned after a gap of six months following a Supreme Court verdict, to grant extension to 21 additional judges of various high courts whose two-year term is ending this month. This is the first set of recommendations the collegium made after staging a comeback last week. The Law Ministry had on Sunday sent files of 21 additional judges to the collegium whose terms are coming to an end by October 30 for its immediate consideration.Accepting the recommendation of the collegium, the extension or ‘reappointment’ has been cleared by the government. Since the President is in Suri, West Bengal, the files will be sent to him there tomorrow, sources in the government said here. Once the warrants of their appointments are signed, government could call the registrars of the high courts concerned to Kolkata to collect the documents to save on time, the sources said. The government had yesterday approved a recommendation of the Supreme Court collegium, made before the NJAC Act came into force on April 13, to re-appoint an additional judge in the Bombay High Court. The additional judges, whose two-year terms are coming to an end, are from the high courts of Andhra Pradesh/Telangana, Calcutta and Karnataka.<!– Dna_Article_Middle_300x250_BTF –>To overcome shortage of judges, government had sought permission of the apex court to give extension to additional judges in various high courts whose tenure of two years was coming to an end as an interim measure. Now with the collegium system back after the apex court struck down the National Judicial Appointments Commission Act and an accompanying Constitutional Amendment Act, the files relating to reappointment pending with the government were sent back to the collegium for it to take a call.There was no system in place between April 13 and October 16 on appointments to the Supreme Court and the 24 high courts. The NJAC Act was notified on April 13, but it was declared as unconstitutional by the apex court on October 16.

Maharashtra govt to move Supreme Court against HC order lifting ban on Maggi

Mumbai: The Maharashtra government was going to file an appeal against the Bombay High Court’s order lifting ban on Maggi noodles, state food and civil supplies minister Girish Bapat said on Tuesday.

The ban should stay, he said.

Maggi. Reuters

Maggi. Reuters

“Sample reports received from government laboratories had mentioned lead traces. We imposed the ban to prevent any health problems for the consumers,” Bapat said.

Karnataka and Gujarat had on Monday revoked ban on manufacture and sale of Nestle India’s popular instant food brand.

The announcements by the two states followed clean chit given by three government-approved laboratories to Maggi noodles, which was banned by central food regulator FSSAI and various state-level watchdogs in June on quality issues.

Food Safety and Standards Authority of India (FSSAI) had banned Maggi noodles saying it was “unsafe and hazardous” for consumption after finding lead levels beyond permissible limits, following which the company had withdrawn it from the market.

Nestle India had then challenged the ban by FSSAI in the Bombay High Court.

PTI

Karnataka, Gujarat lift ban on Maggi noodles after clean chit given by 3 govt-approved labs

New Delhi: Paving the way for Maggi noodles’ return, Karnataka and Gujarat have lifted ban on manufacturing and sale of Nestle India’s popular instant food brand.

Representational image. AFP

Representational image. AFP

The announcements by the two states follow clean chit given by three government-approved laboratories to Maggi noodles, which was banned by central food regulator FSSAI and various state-level watchdogs in June on quality issues.

Last week, Nestle India had said that all samples of Maggi cleared tests conducted by three laboratories, as mandated by the Bombay High Court. The company is now planning to relaunch the product soon.

The Congress-led Karnataka government on Monday decided to allow manufacture and sale of Maggi noodles in the state as it decided to withhold the Centre’s directive banning it, saying it lacked clarity.

The state government would withhold the implementation of central order on not allowing the production and sale of Maggi because of lack of clarity on the permissible limits of Monosodium Glutamate (MSG) and lead, Karnataka Health Minister UT Khader told reporters in Bengaluru.

Similarly, the BJP-ruled Gujarat government also lifted the ban on sale of Maggi.

The Gujarat Food and Drug Control Authority (FDCA) on Monday said it lifted the ban on sale of Nestle India’s ‘Maggi’ noodles after the Bombay High Court lifted the nationwide ban on it in August.

According to sources, central food regulator FSSAI will go through test reports by three labs before taking any decision on lifting the ban it imposed in June this year.

FSSAI had banned Maggi noodles saying it was “unsafe and hazardous” for consumption after finding lead levels beyond permissible limits. The company had withdrawn the instant noodles from the market.

Nestle India had challenged the ban by FSSAI in the Bombay High Court. In August, the court lifted the nation-wide ban imposed by the Indian food regulators on Maggi noodles but ordered a fresh test of samples of the product in three independent labs across India.

The court had set aside the 5 June order of the Central government’s Food Safety Standards Authority of India (FSSAI). It also quashed the order of Maharashtra’s Food and Drugs Administration (FDA) banning production and sale of Maggi noodles in India and the state.

PTI

FTII row: Bombay HC issues notice to Centre, others

The Union Ministries of Information and Broadcasting and Home are respondents in the petition, which has prayed that the Centre may be directed to end the ongoing crisis at Film and Television Institute of India (FTII).
File Photo
dna Research & Archives
The Bombay High Court on Monday issued notice to the Union I&B and Home ministries, the Maharashtra government and student leader of FTII on a PIL seeking to put an end to the ongoing strike at the Pune-based film institute. The notices were issued by Justices V M Kanade and Shalini Phansalkar-Joshi, who heard the public interest litigation (PIL) filed by Supreme Court lawyer Vineet Dhanda.The Union Ministries of Information and Broadcasting and Home are respondents in the petition, which has prayed that the Centre may be directed to end the ongoing crisis at Film and Television Institute of India (FTII). It also sought that those students who want to attend the classes may be allowed to do so under police protection.<!– Dna_Article_Middle_300x250_BTF –>The PIL also prayed for a direction to the Centre to make transparent policies for the appointment of heads/chairpersons of such institutions in future.Jayprakash Dhanda, lawyer for the petitioner, said there is resentment among students over the appointment of TV actor Gajendra Chauhan as the institute’s chairman. He said the students are demanding that a more experienced and talented person from the industry may be appointed as the head of FTII so that they can benefit from his teaching.The lawyer further said that 18 students were ready to attend the classes immediately, provided police protection was given to them. He also urged the court to issue a direction accordingly in the interest of students. However, the judges said that they would consider this only after the petitioner had served all the respondents and after all the parties were heard in the matter. The petition was posted for further hearing after two weeks.The students have been boycotting classes since June 12 opposing appointment of Chauhan, who they claim lacks credentials to head FTII. The I&B Ministry has, however, cold-shouldered their main demand for cancellation of Chauhan’s appointment while keeping the dialogue channel open to resolve the prolonged deadlock that has brought academic activity on the campus to a standstill.

10 people arrested in protest by Shiv Sena workers at BCCI office in Mumbai

The noisy protests by over a hundred slogan shouting members at the Board office during which BCCI President Shashank Manohar was ghearoed forced the cancellation of the much-anticipated talks today between him and Khan.

Image courtesy: ANI Twitter handle
Mumbai Police has arrested 10 Shiv Sena workers who stormed the BCCI office on Monday morning. The workers were arrested under Section 141, 143, 149 of IPC and 37(1)/135 of Bombay Police Act.The noisy protests by over a hundred slogan shouting members at the Board office during which BCCI President Shashank Manohar was ghearoed forced the cancellation of the much-anticipated talks today between him and Khan. The talks on the proposed bilateral series have now been rescheduled to be held in Delhi tomorrow.”The talks have not been called off. Mr Manohar and Mr Khan will speak to each other in evening today and tomorrow they are coming to Delhi for another round of talks,” IPL Chairman and senior Board functionary Rajiv SDhukla told PTI. <!– Dna_Article_Middle_300x250_BTF –>Shouting slogans against Pakistan and the PCB chairman, the Sena workers surrounded Manohar, asking him not to have any ties with the neighbouring country, which they said sponsors terrorism. Waving black and saffron flags, the workers sought to know from Manohar if he would go ahead with his meeting with the PCB chief here.Sena Vibhag Pramukh Pandurang Sakpal told reporters that his party is firm that there should be no cricket matches between the two countries. Asked about Sena being a part of the Maharashtra government, Sakpal said, “The government will do its job, we will do ours.”The protesting Sena workers were later taken into custody by the police.Also read: After Shiv Sena protest, PCB-BCCI meeting shifted to New Delhi

Dance bars in Maharashtra to return after SC order? Let’s not speak too soon

The imbroglio between the judiciary and the Maharashtra state government over dance bars appears to be going around in circles all over again. In the latest development on the issue, the Supreme Court has stayed a state government law which imposed a ban on such bars, paving the way for them to restart business, at least for the time being.

However, given the convoluted history of dance bars, this may not actually happen any time soon. Bars that hosted dancing performances have their origins in the early 1980s, with the first establishments coming up in the town of Khalapur, a town between Mumbai and Pune, according to IANS. As the underworld syndicates rose to notoriety in Mumbai in the 1980s and 1990s, dance bars were also known for being crucial sources of tip-offs for the police from informers, as pointed in an article in Caravan.

Tarannum, known as the ‘crorepati bar dancer’, became the subject of metropolitan folklore after she faced an income tax raid. However, in 2005, then Maharashtra home minister RR Patil imposed a ban on such bars, saying that they ‘corrupt the younger generation and threaten the cultural fabric of the country,’ as reported by India Today.

Representational image. Image courtesy: ReutersRepresentational image. Image courtesy: Reuters

Representational image. Image courtesy: Reuters

However, the three-star and five-star establishments were exempted from the morality crusade. Taking note of this discrepancy, the Bombay High Court observed, “The object of the legislation was prohibition of dances which were obscene or vulgar… That being the object, can the restriction be said to be in the interest of the general public? Women can still dance in the exempted establishments, women can still participate in tamashas and laavnis. Women can still work as waiters or any other allied jobs in the prohibited establishments.”

The court, noting this, went on to quash the ban. However, the Maharashtra government obtained a stay on the order, which meant that the dance bars would continue to remain shut.

However, after the government failed to convince the Supreme Court that such an order was legally valid (see The Indian Express report here), it again seemed in July 2013 as if the road was clear for dance bars to again become a part of the city’s night life. But this was not to be. Dance bar owners found that regaining licences was a tough proposition, with more than 40 licences required, as reported by The Times of India.

Soon enough, the Maharashtra government decided to legislate its way ahead to enforce the ban, and passed an amendment to the Maharashtra Police Act, putting in place the law. This law addressed the discrepancy between the rules for three-star hotels and five-star hotels. However, the restriction did not extend to family parties in pubs and discotheques, or to orchestras, according to a report in The Times of India.

Thus, the state government has plugged one loophole which had led its first initiative towards banning such establishments to be struck down. However, the other major issue which the Bombay High Court had considered while setting aside the ban in 2006 was the question of employment of the women who had been working as bar dancers. Whether the government can defend its law in the top court will depend partly on how it addresses this point.

The Supreme Court’s order on Thursday is merely a stay on the law, and the final word has not yet been spoken on the matter at the judicial level. What’s more, the court has clarified dance performances which are ‘explicit’ and have ‘any kind of obscenity’ will still be banned. Needless to say, the definition of ‘obscenity’ and explicit nature is entirely subjective in nature. Given the numerous instances of raids on public establishments as well as on people in the privacy of hotel rooms, the level of zeal which the police could display when it comes to dance bars is anybody’s guess.

So, does the Supreme Court order really mean the return of Mumbai’s dance bars?

Going by recent history, this might be a case of speaking too soon.

Prosecution should have examined singer Kamaal Khan: Salman Khan’s lawyer

Ravindra Patil was not available to Salman’s defence team for cross-examination, but the prosecution chose to rely upon his statement given to a magistrate. Kamaal Khan, the singer friend of Salman, would have thrown light on who was driving the car, Salman’s lawyer Amit Desai argued

Salman Khan

PTI
Bollywood superstar Salman Khan’s lawyer on Wednesday argued in the Bombay High Court that the prosecution in the 2002 hit-and-run case, in which the actor has been sentenced to five years in jail, caused a great prejudice to him by not examining Kamaal Khan, a key witness.Kamaal Khan was with Salman when the latter had run his car over the people sleeping on the pavement in suburban Bandra on September 28, 2002, killing one and injuring four others. The defence’s case is Salman wasn’t driving the vehicle.The prosecution solely relied on the statement of Ravindra Patil, Salman’s police bodyguard, who died in 2007, said advocate Amit Desai, the defence lawyer.<!– Dna_Article_Middle_300x250_BTF –>Patil was not available to Salman’s defence team for cross-examination, but the prosecution chose to rely upon his statement given to a magistrate. Kamaal Khan, the singer friend of Salman, would have thrown light on who was driving the car, Desai argued.Salman had pleaded before the trial court that his driver Ashok Singh was behind the wheel on the day of the incident. Desai also cited Supreme Court judgements to show how Patil’s statement could not have been used as evidence in the trial.According to the prosecution, Salman was driving the car that night, while Patil was on the left side of the front seat and Kamaal on the rear seat.Though Patil died during the earlier trial before the magistrate, the Mumbai sessions court had in May this year relied on his statement while holding that Salman was driving under the influence of liquor.Desai argued that “evidence must be recorded in the court and evidence must be recorded in the presence of accused.” There were two eye-witnesses — Kamaal Khan and Patil — and “in the absence of one, other should have been called,” he said.”Kamaal Khan may have had more knowledge about the events as Patil accompanied the appellant (Salman) in the car while Kamaal Khan not only accompanied him in the car but also went with him to Rain Bar and Restaurant and JW Marriott Hotel just before the mishap,” the lawyer said.”A live eye-witness is superior to a dead eye-witness…. What if Kamaal Khan had come to the box and discredited Ravindra Patil….what if Kamaal Khan had said it was Ravindra Patil who was driving….what if it was Kamaal Khan himself driving the car,” said advocate Desai.The arguments would continue before Justice AR Joshi on Thursday.

No more trishul for Radhe Maa on flights?

The petition alleged that the police authorities and the Maharashtra Home Ministry had failed to register FIR against her despite complaints filed before them.

A PIL in the Bombay High Court today sought a direction to the Centre and other authorities to take action against self-styled godwoman Sukhvinder Kaur alias Radhe Maa for carrying a trident (trishul) in her hand while boarding a flight by an airlines from Aurangabad to Mumbai on August 9. The PIL, filed by social worker, Ramesh Joshi, claimed that Radhe Maa had flouted civil aviation rules by carrying trident in her hand. The petition is slated to come up for hearing before Justices V M Kanade and Anuja Prabhudessai on October 16.The petition alleged that the police authorities and the Maharashtra Home Ministry had failed to register FIR against her despite complaints filed before them. Carrying of trident in a flight is prohibited under civil aviation rules and allowing a person to carry this on an aircraft amounts to an offence, said the PIL. <!– Dna_Article_Middle_300x250_BTF –>

PIL filed against Radhe Maa for carrying ‘Trishul’ on flight

Mumbai: A PIL in the Bombay High Court on Wednesday sought a direction to the Centre and other authorities to take action against self-styled godwoman Sukhvinder Kaur alias Radhe Maa for carrying a trident (trishul) in her hand while boarding a flight by an airlines from Aurangabad to Mumbai on 9 August.

Image courtesy: Radhe Maa's Facebook page

Image courtesy: Radhe Maa’s Facebook page

The PIL, filed by social worker, Ramesh Joshi, claimed that Radhe Maa had flouted civil aviation rules by carrying trident in her hand.

The petition is slated to come up for hearing before Justices VM Kanade and Anuja Prabhudessai on 16 October.

The petition alleged that the police authorities and the Maharashtra Home Ministry had failed to register FIR against her despite complaints filed before them.

Carrying of trident in a flight is prohibited under civil aviation rules and allowing a person to carry this on an aircraft amounts to an offence, said the PIL.

PTI

SC to Teesta Setalvad: Non-cooperation in FCRA probe will lead to cancellation of anticipatory bail

A three-judge Bench headed by Justice A R Dave issued notice to the couple asking them to respond to the CBI petition seeking their custodial interrogation and charging them with failing to cooperate in the probe of misusing foreign funds received by them and posing a threat to communal harmony.
File Photo
dna Research & Archives
The Supreme Court on Wednesday told social activist Teesta Setalvad and her husband that their failure to adhere to the conditions imposed by the Bombay High Court may lead to the cancellation of the anticipatory bail granted to them in a case where they have been accused of misusing foreign funds.The apex court asked Setalvad and her husband Javed Anand to cooperate with the CBI in its investigation in the case in which their company, Sabrang Communication and Publishing Pvt Ltd (SCPPL), had received Rs 1.8 crore from US-based Ford Foundation allegedly without mandatory approval from the Centre. It orally observed that their “anticipatory bail may be cancelled if they would not follow the conditions imposed by the High Court.”<!– Dna_Article_Middle_300x250_BTF –>A three-judge Bench headed by Justice A R Dave issued notice to the couple asking them to respond to the CBI petition seeking their custodial interrogation and charging them with failing to cooperate in the probe of misusing foreign funds received by them and posing a threat to communal harmony.Also read: Supreme Court gives relief to Teesta Setalvad, grants interim bail till December 5″It is expected that the respondents (Setalvad and her husband) will adhere to the conditions of anticipatory bail,” said the bench, also comprising Justices F M I Kalifulla and V Gopala Gowda, which also extended the interim protection from arrest till December 5 to the couple in another case of alleged embezzlement of funds for a museum at Ahmedabad’s Gulbarg Society that was devastated in the 2002 riots.During the hearing of the FCRA case which is posted for December 1, senior advocate Kapil Sibal, appearing for the couple, denied the allegations of CBI that they were not cooperating in the probe and claimed that they have submitted all documents sought by the agency.Solicitor General Ranjit Kumar had alleged that Setalvad and her husband were not cooperating in the probe and had marched to the CBI office in Mumbai in procession carrying placards and chanting all sorts of slogans.Taking note of the Solicitor General’s submission, the bench said, “why do you (Setalvad and husband) want to go in procession. That is the allegation. Don’t go in procession.”You (Sibal) advise your client that they don’t go in procession. You advise them to go with advocates/accountants,” the bench said. The case of alleged violation of provisions of Foreign Contribution Regulation Act (FCRA) was taken after the bench had extended the interim bail of the couple in the fund embezzlement case in which Gujarat Police in an affidavit accused them of misappropriating funds meant for charity for personal expenses, buying items ranging from wine to mobile phone, besides tampering with evidence.A two-judge bench on October 12 had admitted that it was a mistake to consider extending the interim bail of Setalvad and her husband in the fund embezzlement case by them as it was referred to the three-judge bench.Accordingly, a three-judge bench was constituted to consider the matter, which witnessed heated exchange of words between Gujarat police counsel Mahesh Jethmalani and others including senior advocate Dushyant Dave, who was one of the counsel along with Sibal appearing for Teesta.While Dave was insisting that the interim protection from arrest to them be extended till further order, the bench said it can stay the order of Gujarat High Court ordering custodial interogation till a particular time limit and granted the relief till December 5. However, when the FCRA matter came up, the bench first was of the view that it should be placed before a two-judge bench but Sibal and others pleaded that the matter be taken by the same bench.In the FCRA case, the agency has come out with several grounds to challenge the August 11 order of the Bombay High Court granting anticipatory bail to Setalvad and her husband after it was denied by the sessions court.CBI has sought cancellation of their anticipatory bail claiming that the high court had erred in giving relief after “prima facie” finding that FCRA provisions were violated.While the couple has denied all charges saying they have been victimised for taking up the cause of riots victims, the agency said after ‘prima facie’ holding that there was misuse of funds they had received from Ford Foundation for which they were “undoubtedly answerable”, the high court ought not have granted anticipatory bail by using its extraordinary discretionary powers.

SC issues notices to activist Teesta Setalvad on alleged illegal foreign funding

New Delhi: The Supreme Court on Wednesday issued notice to social activist Teesta Setalvad on a petition by the CBI alleging that an NGO run by her received foreign grants from Ford Foundation which were prohibited under the Foreign Contribution Regulation Act (FCRA).

File photo. Image courtesy: AFPFile photo. Image courtesy: AFP

File photo. Image courtesy: AFP

Issuing notice to Teesta Setalvad and others, the apex court bench of Justice Anil R. Dave, Justice F.M.I. Kalifulla and Justice V. Gopala Gowda extended till December 8 the bail granted to Teesta and her husband Javed Anand in the alleged misuse of funds in the Gulberg society case.

Directing the listing of the matter on December 1, the court said that Teesta Setalvad will file her response to the CBI plea in four weeks and CBI will file its rejoinder, if any, thereafter.

CBI has challenged Bombay High Court order whereby while holding that the documents being sought by the CBI relates to accounts and therefore it does not require custodial interrogation as it granted her interim bail.

The CBI on Wednesday opposed the high court order granting interim bail to Teesta alleging that she was not cooperating with the investigating agency probing the allegation.

IANS

Baba Ramdev’s Patanjali noodles, priced at Rs 15, to be launched next week

New Delhi: Baba Ramdev‘s Patanjali Ayurveda will launch its instant noodles next week at a price of Rs 15, a move seen as an attempt to capture the market lost by Maggi — the market leader till a few months back that had to go off the shelves following regulatory orders.

Phrasing the catchline for the noodles as “Jhat pat pakao, aur befikr khao“, the yoga guru claimed it will have ‘no added MSG and lead’.

Baba Ramdev. Getty

Baba Ramdev. Getty

Maggi noodles, which were being sold by Swiss giant Nestle with a catchline of ‘two-minute’ noodles had to be taken off the shelves after food regulator FSSAI found excess lead and taste enhancer MSG despite ‘No MSG’ labelling.

These findings were later challenged by the company before the Bombay High Court, which quashed those orders and ordered fresh tests. Nestle is looking to relaunch the product by December.

“We will launch Patanjali noodles on 15 October. It will be made from whole wheat flour (atta), not like noodles of other companies which are made up of maida and has only 10 per cent atta,” Ramdev said at a press conference here.

“Our noodles will be available at Rs 15, whereas other used to sell it for Rs 25 and its taste-maker will be a health maker,” he added.

He further said, “Patanjali noodles will use rice-bran oil and not cheap and inferior palm oil as used by others.”

“We are working on the principles of swadesshi, where we work for the betterment and health of the country,” he said.

Ramdev also said that he has no issues with the functioning of FSSAI and is open to any scrutiny of his products.

PTI

Dowry Harassment case: Controversial godwoman Radhe Maa gets anticipatory bail

On August 14, the court had granted Radhe Maa alias Sukhvinder Kaur interim protection from arrest while hearing her plea
File Photo

In a relief for controversial self-styled godwoman Radhe Maa, the Bombay High Court on Thursday granted her pre-arrest bail in a dowry harassment case.The bail was granted by Justice Revati Mohite Dere after hearing arguments from the lawyers of Radhe Maa, Mumbai Police and the housewife who had filed complaint against the godwoman. The court has asked Radhe Maa to appear as and when required by Kandivali Police, which is probing the complaint against her.<!– Dna_Article_Middle_300x250_BTF –>On August 14, the court had granted Radhe Maa alias Sukhvinder Kaur interim protection from arrest while hearing her plea. Radhe Maa, who apprehended arrest in the case, had moved the High Court after a sessions court had rejected her anticipatory bail petition on August 13. Mumbai Police had filed a case against her on August 5 for allegedly instigating the in-laws of a 32-year-old housewife to harass her for dowry.The case was filed after a Borivali Magistrate had ordered a probe by police under section 156(3) of CrPc into allegations of dowry harassment against her on the complaint filed by the housewife.The housewife’s counsel Girish Kulkarni had earlier argued that the in-laws of the complainant were disciples of Radhe Maa. The godwoman had complete control over the family and at her instance they had allegedly taken dowry from the housewife.Radhe Maa’s counsel Abad Ponda had argued in the HC that all the six accused in the dowry case, including the husband of the complainant (housewife), had been given protection by the trial court, except Radhe Maa. He had also argued that the allegation against Radhe Maa of instigating the family to extract dowry from the complainant was an ‘afterthought’ and an improvement in the case, because such an accusation was not made during the proceedings filed in the family court two years ago.In her petition, Radhe Maa had denied all the allegations, saying she had never instigated the family members and that she was being dragged into the case only because the complainant’s in-laws were her devotees. The self-styled godwoman had further alleged that the complainant had levelled allegations against her only to secure a favourable order from the family court in the dowry case filed by her against in-laws. She alleged that she was being “framed up” by the complainant.

Mumbai: Palghar police turn party pooper, frisked Nigerians cry humiliation

Arnala Coastal police snoop into resort and frisk visitors, arrest three for possessing Rs 825 worth liquor

Stanley Akande and Blessed Akande with their birthday boy, Trevor

dna
In yet another case of alleged moral policing by Maharashtra police, the Arnala Coastal police hurried down to conduct a raid after villagers of Rajodi, after seeing Nigerians partying at a resort, barged and manhandled them. The cops asked those assembled there to celebrate the birthday of a three-year-old to vacate and booked the resort owner and two others. The Arnala Coastal police raided Oasis Resort claiming that around 100-150 Nigerians were partying there with drugs and huge quantity of liquor. What they could recover from the premises was Rs 825 worth liquor. The cops, however, held Mayur Patole, 40, her son Rohit Patole, 23, and worker Arjun Yadav.<!– Dna_Article_Middle_300x250_BTF –> Nigerian national Stanley Akande, 38, from Virar, who had invited his family friends to celebrate the birthday of his son Trevor, alleged that the family and guests were assaulted by the police. “We were here for just 30 minutes, by then the cops came. They began to frisk us and started checking our food. They assaulted us, including my guests, and asked all of us to leave,” said Stanley. “We chose the resort as our friends and family members could join us. But this has turned into a nightmare,” said his wife Blessed Akande. “Three of my guests have been admitted to Sanjeevani hospital, while they destroyed the food. To oblige the villagers they asked us to cut the cake and leave,” said Akande. “The cops snooped inside after locals found Nigerians partying at around 10.30 pm. They frisked them claiming they possessed drugs,” said Mayur Patole adding the guests were manhandled by the locals. “After asking them to leave, police booked us on charges of possessing liquor, which was just worth Rs 825,” she said. “Just because they were Nigerians, the cops ended up taking action upon villagers’ insistence. They clicked pictures of women and kids and humiliated them,” said Patole. Confirming the action and rubbishing allegations, Sandeep Shiwale, in-charge of Arnala Coastal police station, said, “We had made three arrests under relevant sections of Bombay Prohibition Act. They were produced before Vasai court, where they were released on bail,” said Shiwale. Another official, on condition of anonymity, pointed out that there are more than 1,000 illegal resorts along Vasai coastline, where booze parties and prostitution thrive.

No proof of Black Magic Act violation by Radhe Maa: Cops to Bombay HC

“it does not disclose evidence of violation of provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,” the police said today.

The city police on Monday informed the Bombay High Court that no evidence has been found disclosing violation of the Black Magic Act by self-styled godwoman Radhe Maa. “After recording of statements of the complainants, witnesses and the suspect and searches conducted at the house of Sukhwinder Kaur alias Radhe Maa, it does not disclose evidence of violation of provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,” the police said today.<!– Dna_Article_Middle_300x250_BTF –>The police had filed an affidavit before a division bench of justices V M Kanade and Shalini Phansalkar-Joshi in reply to a PIL by advocate Falguni Brahmbhatt seeking FIR against Radhe Maa alleging obscenity, and police inaction on her complaint. The police in its affidavit said that pursuant to the complaint received by Brahmbhatt, her statement was recorded and also that of Radhe Maa, who claimed she was implicated. “FIR has been lodged on a complaint received from Dolly Bindra. Brahmbhatt will be a witness in the case. Searches were also conducted at Nandanvan Bhawan (where Radhe Maa lives) but nothing incriminating was found,” it said.”To ascertain the status of the trust run by Radhe Maa and if there were any financial irregularities in its functioning, a letter dated August 26 was issued to the office of the Charity Commissioner. A letter has also been sent to the Income Tax department requesting it to look into the financial irregularities as the police does not have jurisdiction,” the affidavit said. The High Court, after perusing the affidavit, adjourned the matter for hearing after two weeks.

No evidence that Radhe Maa violated Black Magic Act: Mumbai police tells HC

Mumbai: The city police on Monday informed the Bombay High Court that no evidence has been found disclosing violation of the Black Magic Act by self-styled godwoman Radhe Maa.

“After recording of statements of the complainants, witnesses and the suspect and searches conducted at the house of Sukhwinder Kaur alias Radhe Maa, it does not disclose evidence of violation of provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,” the police said today.

Radhe Maa in a file photo. Image courtesy: FacebookRadhe Maa in a file photo. Image courtesy: Facebook

Radhe Maa in a file photo. Image courtesy: Facebook

The police had filed an affidavit before a division bench of justices V M Kanade and Shalini Phansalkar-Joshi in reply to a PIL by advocate Falguni Brahmbhatt seeking FIR against Radhe Maa alleging obscenity, and police inaction on her complaint.

The police in its affidavit said that pursuant to the complaint received by Brahmbhatt, her statement was recorded and also that of Radhe Maa, who claimed she was implicated.

“FIR has been lodged on a complaint received from Dolly Bindra. Brahmbhatt will be a witness in the case. Searches were also conducted at Nandanvan Bhawan (where Radhe Maa lives) but nothing incriminating was found,” it said.

“To ascertain the status of the trust run by Radhe Maa and if there were any financial irregularities in its functioning, a letter dated August 26 was issued to the office of the Charity Commissioner. A letter has also been sent to the Income Tax department requesting it to look into the financial irregularities as the police does not have jurisdiction,” the affidavit said.

The High Court, after perusing the affidavit, adjourned the matter for hearing after two weeks.

PTI

452 jail inmates to appear for Peace Exam on Gandhi Jayanti

The Mandal, in association with other Gandhian institutions, is organising the Gandhi Peace Examination for last 10 years in various jails of Maharashtra as part of reformation programmes for prisoners.

Representational Image

Altogether 452 inmates of Taloja, Nagpur and Aurangabad jails in Maharashtra would appear for an examination on Gandhian thoughts on October 2, the birth anniversary of Mahatma Gandhi. “The preacher of non-violence, Mahatma Gandhi, devoted his life for spreading non-violence and he proved that it is an effective weapon. He spent six and a half years of his life in jail. He utilised this time to develop his qualities. “Years after his departure, his thoughts are seen prevailing in the society and also in the prisons where the inmates are undergoing imprisonment as a result of violent anger that lasts only a fraction of minutes,” T K Somaiya of Bombay Sarvodaya Mandal said.<!– Dna_Article_Middle_300x250_BTF –> The Mandal, in association with other Gandhian institutions, is organising the Gandhi Peace Examination for last 10 years in various jails of Maharashtra as part of reformation programmes for prisoners, he said in a release. “The result has been inspiring. The aim of the examination is to evoke the sense of regret among prisoners and to inculcate qualities of ‘Satya’ (truth) and ‘Ahimsa’ (non-violence) amongst them,” he added.Convicted for a number of crimes in 2005, Laxman Gole has been preaching Gandhi’s views among prisoners in jails all over Maharashtra through Sarvodaya Mandal. “Books written by Mahatma Gandhi and his thoughts are made available to the inmates free of cost. “We shall conduct an examination of 80 marks in which the inmates would have to answer 80 objective type questions. Those who pass the exam will receive Certificate and Khadi clothes as a prize,” Gole said.