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Ola, Uber fares: HC asks Maha govt to decide in 8 weeks

ola uberThe Bombay High Court on Wednesday directed the Maharashtra government to take a decision within eight weeks on a 2017 report submitted by a state-appointed committee to fix fares for app-based cab aggregators Ola and Uber.

In October 2016, the state government had constituted a four-member committee under the chairmanship of retired IAS officer B C Khatua to decide on the minimum and maximum fare structure for companies like Ola and Uber.

The committee had in September 2017 submitted an exhaustive report to the government. But, till date, the government has not taken a final decision on the committee’s report and recommendations.

A division bench of Justices B P Dharmadhikari and Revati Mohite Dere on Wednesday noted that the issue has been pending since then.

“We direct the state government to take a suitable decision on the report within a period of eight weeks,” the court ordered.

The bench was hearing petitions filed by Uber India Ltd, Ola Ltd and six drivers plying cabs with these two companies, challenging the Maharashtra City Taxi Rules implemented by the state government in 2017.

When the petition was heard in November 2017, the government had said it would go through the committee’s report and take a final decision soon. The government said until then it would not take any coercive steps against taxi drivers under the rules.

The petitioners, however, claimed that the rules were arbitrary and bad in law.

“According to the rules, app-based taxis will not be allowed to ply within the Mumbai Metropolitan Region on a national tourist permit. The drivers will have to obtain local permits and will not be allowed to ply on their national tourist permits,” the drivers had said in their petition.

“Obtaining local permits will cost private taxi drivers and owners 10 times more than what it costs the drivers of ‘black and yellow’ taxis,” it added.

The government in its affidavit filed then had said it was pertinent to regulate the operations of mobile application -based cab operators such as Ola and Uber in order to foil their “predatory, monopolistic, and exploitative” business tactics.

The government said the implementation of its new rules was crucial to bring about a level playing field for all cab operators in the city, and to ensure better services to commuters.

Final hearing on pleas against Maratha quota from Feb 6: HC

marathaThe Bombay High Court on Wednesday said that it would commence final hearing from February 6 into a bunch of petitions challenging the Maharashtra government’s decision of granting 16 per cent quota to Maratha community in state-run jobs and education.

The state government shall till then not make any appointment in any of its departments under the new legislation, the court said.

A division bench of Justices Ranjit More and Bharati Dangre said it would decide on January 28 whether the petitioners should be given the entire copy of the report on Maratha quota submitted by the Backward Classes Commission or a truncated version.

Government counsel V A Thorat and state Advocate General Ashutosh Kumbhakoni had expressed apprehensions over giving the entire report to the petitioners.

“We are ready to submit the entire report, running into 4,000 pages to the court. However, there are some 20 pages in the report pertaining to Maratha community’s history which we do not wish to put in public domain. We fear it would create communal tension and law and order problem,” Kumbhakoni said.

The bench directed the state to submit the whole report to the court on Wednesday.

“We will peruse it and then decide on January 28 whether the petitioners should get the whole report or a truncated version,” Justice More said.

“We will start the final hearing into the petitions from February 6. The state government shall till that date continue its statement that no appointments would be made,” the court said.

On the last date of hearing on December 19, 2018, Thorat had made a statement on behalf of the government that no appointments shall be made till January 23.

Thorat on Wednesday told the court that the government was not willing to continue with this statement.

“There is a massive backlog of vacancies in government jobs which needs to be filled immediately. We will make appointments, but they shall be subject to final orders of this court,” he said.

The bench, however, rebuked Thorat and said if the government was not willing to continue its statement, the court would be compelled to pass orders.

Thorat then agreed to continue the statement till February 6.

The bench was hearing a bunch of petitions on the Maratha quota issue.

While few of the petitions challenged the government’s decision to provide 16 per cent reservation in government jobs and educational institutions to the Maratha community, several others were filed in support of it.

On November 30, 2018, the Maharashtra legislature had passed a Bill proposing 16 per cent reservation in education and government jobs for the Marathas, declared as socially and educationally backward class by the government.

The government had last week filed its affidavit in the petitions and justified its decision by saying that it was meant to alleviate the community from its social and economic backwardness.

Marathas, a politically-influential community constituting around 30 per cent of the state’s population, have been demanding reservation in jobs and education.

Sitharaman accuses Congress of dynastic politics after Priyanka’s appointment

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Defence Minister Nirmala Sitharaman on Wednesday took potshots at the Congress appointing Priyanka Gandhi as AICC general secretary for Uttar Pradesh East, saying it was a step that took forward dynastic politics.

“It was an appointment based on family,” which showed that dynastic politics has gone two steps forward,” she told reporters here when asked about the matter.

Although there were a multitude of party workers, the appointment of Priyanka Gandhi demonstrated that Congress party gave importance to one family, she said.

Malegaon blast: NIA court shouldn’t have accepted photocopies as proof, says HC

hc 1The Bombay High Court on Wednesday said that the special NIA court should not have accepted photocopies of the statements of witnesses and confessions of accused in the 2008 Malegaon blast case as secondary evidence.

A bench of Justices A S Oka and A S Gadkari observed that the photocopies had been produced and submitted by the National Investigating Agency (NIA).

But, the NIA had not been asked by the special court to prove that the photocopies were copies of original documents that the probe agency claims have been lost forever, the court said.

“The question is, who took these copies? Have you (NIA) examined the person who took these photocopies? How do you know these copies are that of the original documents? The special court should not have accepted the copies as secondary evidence when their authenticity is not confirmed,” it said.

In January 2017, the special NIA court had permitted the use of photocopies after the probe agency submitted that some files containing original statements of witnesses and confessions of accused under Criminal Procedure Code (CrPC) Section 164 had gone missing and could not be traced.

The NIA had pleaded that since these statements were not traceable and the proceedings of the case were conducted on a regular basis, the secondary copies of the original statements be taken on record.

The court had then permitted the use of such photocopies as secondary evidence.

One of the accused in the case, Sameer Kulkarni, however, filed an appeal in the Bombay High Court saying that the special court should not have permitted the use of photocopies since there was no evidence to prove that these documents were authentic copies of the original statements.

The bench is likely to conduct a detailed final hearing on the appeal from February 5.

Six people were killed and over 100 injured when an explosive device strapped on a motorcycle went off near a mosque in Malegaon, a town about 200 km from here in North Maharashtra, on September 29, 2008.

In October last year, the special court had framed charges under the Unlawful Activities Prevention Act against Sadhvi Pragya Singh Thakur, Lt Col Prasad Purohit and some other accused in the case.

Cabinet clears India-Japan pact for cooperation in food processing sector

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The Centre on Wednesday approved an agreement between India and Japan for cooperation in the food processing sector.

The Union Cabinet, chaired by Prime Minister Narendra Modi, has given its approval to the Memorandum of Cooperation (MoC) between India and Japan in the field of food processing sector, an official statement said.

The bilateral cooperation in the field of food processing would be mutually beneficial for both countries, the statement said.

This move will promote understanding of best practices in food processing in the two countries and also improve market access.

“The MoC will lead to betterment of the food processing sector in the country by introducing innovative techniques and processes. It will help in increasing food processing in the country by getting access to best practices and better markets,” it said.

Thackeray memorial: Amid tie-up uncertainty, Maha CM and Sena chief come together

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In a show of camaraderie by bickering allies, Maharashtra Chief Minister Devendra Fadnavis and Shiv Sena president Uddhav Thackeray on Wednesday jointly took part in rituals marking the start of construction of a memorial for Shiv Sena founder Bal Thackeray.

The move assumes significance as the Shiv Sena, an ally of the BJP at the Centre and in Maharashtra, has been at loggerheads with its senior partner and critical of various policies of the governments.

The Maharashtra Cabinet had on Tuesday approved Rs 100 crore for the construction of the Thackeray memorial, a move seen as an attempt to reach out to the ally ahead of the Lok Sabha polls.

On Wednesday, on the occasion of the 93rd birth anniversary of Bal Thackeray, Fadnavis and Thackeray jointly conducted the ‘Ganesh pujan’ (offering prayers to Lord Ganesh) and ‘vastu pujan’ at the memorial site, located at Shivaji Park at Dadar in central Mumbai.

At the event, the land earmarked for the memorial was officially transferred by the city civic body to the trust set up to oversee the structure’s construction.

The prime sea-facing property built in 1928, measuring around 11,500 sq m, currently houses Mumbai mayor’s bungalow.

A number of BJP and Shiv Sena leaders, city Mayor Vishwanath Mahadeshwar, Brihanmumbai Municipal Corporation (BMC) chief Ajoy Mehta and members of ‘Balasaheb Thackeray Rashtriya Smarak Nyas’ (trust), including BJP MP Poonam Mahajan, were present at the event.

Both Fadnavis and Thackeray were seen shaking hands and exchanging pleasantries.

A Sena leader, who was present at the event, said both the leaders also had a brief meeting over tea. “However, there were no political discussions,” he said.

“The Chief Minister and other BJP leaders were very comfortable in the presence of Uddhavji and his family. It did not seem to be an event that had leaders of two parties but (appeared) as if between members of one family,” he said.

With the modalities for handing over the land earmarked for the project being completed, the construction of the memorial is expected to begin from next month.

Prime Minister Narendra Modi is expected to be invited for the formal ‘bhoomi pujan’ ceremony, a source said.

The Sena had last year announced to go solo in future elections and a party leader on Tuesday said the state government’s decision to approve funds for the Thackeray memorial would have no bearing on alliance prospects between the two parties for the upcoming polls.

Meanwhile, the Sena, in an editorial in party mouthpiece ‘Saamana’, continued its anti-BJP tirade, saying Bal Thackeray was of the view that only ‘Hindutva’ can save the country and this thought of his led the BJP to come to power.

“The present condition and the path of the country is not right. Today, the nation needs to be ruled by ‘men’. Even today, borders are being attacked by Pakistanis, soldiers are dying in Kashmir, however, we are showing our ‘josh’ by taking credit for surgical strike,” it said in sarcastic remarks.

The Sena was established for protecting the rights of “sons of the soil”. During its conception, political parties like the Congress had said Bal Thackeray wanted to break the nation, that he was creating a division between castes and regions and that there was no place for a regional political party, the publication noted.

“The Sena, as a regional political party has been shining on the national front. Today, the country’s politics has gone in the hands of regional parties and national parties like the BJP and the Congress are trying to increase their stature in states with the help of regional satraps,” it said.

Recently, 22 anti-BJP regional parties came together in West Bengal. When attempts to “swallow” these parties failed, bids were being made to woo them, the Marathi daily said.

Priyanka Gandhi Vadra an experienced leader: Ashok Chavan

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Maharashtra Congress president Ashok Chavan on Wednesday hailed Priyanka Gandhi Vadra’s formal entry into politics saying her appointment as an AICC general secretary augurs well for the party in politically crucial Uttar Pradesh.

In a significant move, Congress chief Rahul Gandhi appointed his sister Priyanka as the general secretary for Uttar Pradesh East. She will take over her new assignment from the first week of February.

Terming the development as a “heartening moment” for Congress workers, Chavan also welcomed appointment of Madhya Pradesh Congress leader Jyotiraditya Scindia as AICC general secretary for Uttar Pradesh West.

“Priyanka Gandhi Vadra is a good administrator and experienced leader,” the former Maharashtra chif minister said while referring to her role in handling parliamentary constituencies of Raebarelli and Amethi over the last few years.

He said that Priyanka’s contribution was also instrumental in the Congress’ successive victories in the two seats – the pocket-boroughs of UPA chairperson Sonia Gandhi and Rahul Gandhi.

“We are happy Priyanka is given a wider responsibility in Uttar Pradesh politics. It is a heartening moment for all Congress workers. Under her able leadership, Congress will definitely register an outstanding victory in UP,” he said.

S Krishnan appointed fourth advisor to J-K guv

remoteSkandan Krishnan, a retired IAS officer of 1982 batch was Wednesday appointed as the fourth advisor to Jammu and Kashmir Governor Satya Pal Malik, an official spokesman said.

“Sanction is hereby accorded to the appointment of Skandan Krishanan, IAS (retired) as advisor to the governor of Jammu and Kashmir with effect from the date he assumes charge,” the spokesman said, quoting an order issued by the General Administration Department.

Former IAS officers Khurshid Ahmad Ganai and Kewal Krishan Sharma and former IPS officer K Vijay Kumar are the other three advisors to the J-K governor.

The appointment of Krishnan comes over a month after B B Vyas resigned from the post in December last year on the eve of his appointment as the member of the Union Public Service Commission (UPSC).

The Union Home Ministry had on Tuesday conveyed approval of the Competent Authority for the appointment of Krishnan as an advisor to the J-K governor, the spokesman said.

Krishnan joined the IAS in 1982 and was allotted Tamil Nadu cadre.

He held various senior level positions in Tamil Nadu and served for 25 years before joining the Government of India.

Krishnan was in-charge of Kashmir division from 2007 to 2012.

Priyanka, Scindia as general secretaries big boost to Congress poll prospects: Kamal Nath

p gandhiSenior Congress leader Kamal Nath on Wednesday said appointments of Priyanka Gandhi Vadra and Jyotiraditya Scindia as general secretaries will give a big boost to the party’s prospects in the upcoming Lok Sabha polls.

“This (Priyanka’s appointment) was long overdue and was in offing for about six months. This will be a big boost for the party in a state as important as Uttar Pradesh,” Nath told PTI in an interview.

Here to participate in the World Economic Forum Annual Meeting, Nath said the party cadre will get a strong message from her appointment and it underlines the importance of Uttar Pradesh for the party.

He also said Scindia’s contribution will be key to the party’s election preparations and he was sure that the young leader would do a wonderful job in his new role.

Congratulating the two leaders, the Madhya Pradesh chief minister said the party is fully geared to go into elections with a very strong level of optimism.

Earlier in the day, Congress President Rahul Gandhi appointed his sister Priyanka as AICC general secretary for Uttar Pradesh East and Scindia as general secretary for UP West.

Court dismisses bail plea of scribe Upendra Rai in money laundering case

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A Delhi court on Wednesday dismissed the bail application of journalist Upendra Rai, arrested in a money laundering case related to alleged extortion and dubious financial transactions.

Additional Sessions Judge Rakesh Syal dismissed the bail pea of the Delhi-based scribe in a case registered against him by the Enforcement Directorate.

The journalist was arrested on June 8 last year by the ED under the Prevention of Money Laundering Act (PMLA), at the Tihar jail here, moments after he secured bail in a CBI case related to alleged extortion and dubious financial transactions.