A minor girl who was admitted in an Intensive Care Unit (ICU) of a private hospital here was allegedly gang-raped by a hospital staffer and four unidentified men.
A Singh, Superintendent of Police (City) said, “Victim narrated her ordeal after she was shifted to the general ward. A case has been registered and the investigation is underway.”
Police further informed that the girl was admitted to the hospital after she was bit by a snake and was put on the ventilator in the ICU ward of the hospital, however, later was shifted to the general ward, it was then she informed others about the hapless incident.
Singh said that the police immediately reached the spot after learning about the incident and lodged an FIR and commenced an investigation.
So far an FIR has been lodged against one of the hospital staff and four other unidentified men who are absconding.
Diwali is a festival of lights and the celebrations start well ahead with people going in for high-level preparations for the festivity. The festival of lights is around the corner and we wish to go an environmentally safe Diwali. The celebrations associated with Diwali are also known to take a toll on the environment, including health risks among various individuals including young children and senior citizens. It is our earnest desire to ensure that the festival is celebrated with joy yet without causing any substantial damage to the environment. The festival started with high spirits and Diwali starts with Dhanteras.
We celebrate Diwali in a grand way without knowing much about the significance. Diwali is a gala festival and is celebrated a five-day festival and each day has a different message with mythological significance and the importance attached to it.
The first day of Diwali is popularly known as Dhanteras and Dhanvantri Puja is being conducted. The word Dhan means wealth and teras means the 13th day of a lunar dark fortnight of Kartik. In the evening, the lamp is lit and Dhan Lakshmi is welcomed into our home. Colourful rangoli designs and Goddess footprints are drawn on pathways starting from the entrance of the house to mark the arrival of Lakshmi, sweets, and fruits are offered to the Goddess. On this auspicious day, people buy Gold, Silver, and utensils. In North India, they buy a broom to mark the occasion and there is great demand for the broom in the market in Delhi and other places, earthen diyas are lit on Dhanteras in the evening to get rid of evil spirits.
The second day is celebrated as Chhoti Diwali is called Kali Chaudas. Kali means dark and chaudas means the 14th day of the dark half of Kartik month and is believed that on this day Kali killed the demon Narakasura. This is the day to end evil all negatives attached to oneself! The oil bath is taken on this day in Southern parts of India and that will give you a fresh lease of life as the massaging is done from top to bottom of the body.
The third day is the main festive day and Goddess Lakshmi is believed to enter flats and bless people. So people wear new clothes, light oil lamps and pray to Lord Ganesha, Saraswati, Kubera, and Lakshmi. Diwali is also treated as the beginning of a new financial year. Lighting of the lamp is significant since darkness represents ignorance and light is a metaphor for knowledge. Poor should be fed to appease Goddess Lakshmi and bring cheer in the face of the poor strata of society.
The fourth day Govardhan Puja assumes greater significance. The puja is celebrated as the day Krishna defeated Indira. There is a tradition of building cow dung hillocks, which signifies Mount Govardhan, the mountain which was once lifted by Lord Krishna. Feeding green fodder or spinach to cows this day is considered very auspicious.
The fifth day is Bhai Dooj, which is the last day of the festivity. Bhai Tikka assumes important as sisters pray for the good health of their brothers and their well being. This too has mythological significance as the brother-sister relationship is everlasting. Make Kheer with Kesar and donate the same and if you can’t make Kheer, then donate yellow dal.
Five days leading to Diwali can be enjoyed to the maximum by sharing one’s wealth and good wishes with those who are not so fortunate. It is not just about lighting diyas but cleaning your inner self of doubt, jealousy, and spreading joy all around.
Diwali means firecrackers bursting on the day of Lakshmi Puja. The air quality deteriorates drastically around this time as a thick layer of smog, mixed with a dangerous chemical, so an ideal way to celebrate Diwali is to go with firecrackers. For many, it may be difficult to digest this fact but this contribution could go a long way in protecting the environment. Instead of firecrackers, various alternatives could be looked upon to ensure that the fun factor remains intact. Let us all celebrate a safe and happy Diwali.
We may call this week a week with full of joy and celebrations. Briefly, it can be called a Diwali week. Let us all plan to celebrate a noiseless and pollution free Diwali. Happy Diwali wishes to one and all!
(The views expressed by the author in the article are his/her own.)
It is distressing that while expressing unhappiness over the Supreme Court adjourning the Ayodhya hearing, RSS general secretary Bhaiyyaji Joshi said that they will not hesitate to launch an agitation for the construction of Mandir as it had been done in 1992. Also, he said that the government has the power to come with an ordinance. It shows that RSS neither believes in judiciary system nor it respects the verdict of the Apex Court. What is surprising is that no action is taken against them for these violent statements. I request the Supreme Court to give some strict instructions to all parties and organisations to abstain putting such statements because these statements spread the hatred and violence in the country.
– Mohd Faheem
2) The weakness of our justice-delivery-system
The biggest weakness of our justice-delivery-system is liberal ex-party stay-orders followed by frequent adjournments in courts which the main and foremost reason for ever-increasing huge pendency of cases in courts resulting in justifying the proverb Justice-Delayed-Is-Justice Denied.
This is despite the fact that several Division Benches of the Supreme Court have including the one comprising of Justices RV Ravindran and JM Panchal in January 2009 observed and rightly too of the bitter reality that at times those having taken ex-party stay-orders seeking frequent adjournments ultimately lose the cases. Even the then Vice President Hamid Ansari once also desired liberal adjournments in courts need to be taken seriously by the judiciary for reforms within. The Supreme Court also in the case Shiv Cotex vs Tirgun Auto observed that it is sad but true, that the litigants seek and the courts grant adjournments at the drop of the hat further adding that adjournments have grown like cancer corroding the entire body of the justice delivery system.
– Madhu Agrawal
3) Unaware about the procedure to Vakalatnama
It refers to the media reports about a famous law-firm confessing to Bar Council of Delhi about its omission to continue with the faulty practice of listing all the lawyers retained with the firm in a court-case in the joint vakalatnama with each of the lawyers having signed the vakalatnama. The Bar Council of Delhi took the matter with the law-firm on a complaint subsequent to the vakalatnama signed by too many lawyers went viral on social media.
Bar Council of Delhi should suspend licences of all the lawyers for some nominal period as a token punishment to all who signed such a vakalatnama because all those having signed the vakalatnama did not have the even elementary knowledge to file vakalatnama. Law-firm should be imposed a heavy fine for the omission already confessed by the head of the law firm. The Bar Council of Delhi should issue a press-note on the issue naming the law-firm and lawyers involved in filing a faulty vakalatnama.
– Subhash Chandra Agrawal
4) Proud of our Supreme Court
It is very clear-sighted decision that the Supreme Court on Tuesday struck a balance between the interests of the firecracker industry and the right to public health, allowing the manufacture and sale of only “green” and reduced-emission or “improved” crackers, while banning those that are loud and toxic to human beings, animals and the environment. I feel proud of our Supreme Court for making a balance between religious sentiments and environmental welfare.
– A Zafar
5) Kohli seems a hallmark of success
It looks that Indian skipper and team captain Virat Kohli has become a hallmark of success. He has secured one more world record to become the first Indian cricketer and the first captain of any country, to hit three consecutive ODI centuries. It was Kohli’s sixth ODI centuries this year, cementing his position as the top ton-getter in 2018. He also has the most runs and the highest average (144) for the year so far. I extend my appreciations to this outstanding batsman whose incredible performances on the ground always made the country feel proud. I expect hopefully that he will cross all the limits of success and will script a new history for India.
– F.T.Mulla
(The views expressed by the author in the article are his/her own.)
With the Lord Ayyappa temple at Sabarimala set to open for monthly poojas on November 5, the police is on high alert and tight security arrangements are in place in the backdrop of violent protests over entry of women of menstrual age last month.
According to a Kerala police release, 1,500 personnel, 100 of them women, are keeping vigil at Sabarimala and nearby areas.
A 20-member commando team has been deployed at Sannidhanam, Nilakkal and Pamba, the release said.
Meanwhile, the BJP’s state unit said its president P.S. Sreedharan Pillai has received death threats.
Tantri Kandararu Rajeevaru and chief priest Unnikrishnan Namboodiri will open the temple doors and light the lamp at the ‘Sreekovil’ (sanctum sanctorum) on November 5 at 5 pm.
Besides the usual poojas, ‘Sree Chitira Atta Thirunal’ special pooja, will be held on November 6 and the shrine will be closed at 10 pm.
Prohibitory order under section 144 CrPc banning assembly of four or more people will come into force at Pamba, Nilackal, Elavungal, and Sannidhanam from midnight Saturday till November 6 midnight.
Barricades have been erected at many places en route to Nilakkal and police personnel are allowing vehicles only after checking.
The temple complex and nearby areas had witnessed violent protests by Ayyappa devotees against the entry of young women when it was opened for last month’s poojas from October 17-22.
At least 12 women had made a vain attempt to trek the hills soon after the Supreme Court verdict permitting women in the 10-50 age group to offer prayers at the shrine.
They had to retreat following the protests and demonstrations by devotees.
Comprehensive traffic arrangements have been made by police in Pathanamthitta district where the shrine is located.
Private vehicles carrying pilgrims would be allowed to proceed only up to Nilakkal base camp, police said.
The Kerala police has introduced online booking for pilgrims, which would enable them to conveniently choose the day and time of darshan.
According to officials, Kerala State Road Transport Corporation tickets are compulsory for all pilgrims, who reach Nilakkal, except those who go by foot. The devotees can avail the ticket booking facility and choose the darshan time also.
The KSRTC has also made arrangements for the pilgrims who reach for darshan on foot, to avail online tickets from Pamba at the foothills.
Meanwhile, the state government said it was prepared to hold talks with the Nair Service Society (NSS), an outfit of the influential Nair community, which is against entry of young women into the hill shrine.
“The government is prepared to remove misunderstandings with NSS and has an open mind for talks with the outfit,” Devaswom (temple administration) minister Kadakkampally Surendran told reporters.
The attack against the NSS office here on Friday was “well-planned”, he said.
BJP leader K. Surendran alleged that government had some “hidden agenda” on Sabarimala temple.
He said the party’s state president, P.S. Sreedharan Pillai, has received a “death threat” on Saturday through speed post and the DGP has been informed.
BJP and various Hindu outfits are on the warpath against the left government over its decision to implement the Supreme Court verdict allowing women of menstrual age to enter the shrine.
Let us start from the beginning, the very beginning. Work is always followed by rest and rest by work — that is how things work. Similarly, countries rest too, that is, get money. World War I and World War II came to a pause due to economic instability. Just as it happens during Diwali, you run out of crackers when you run out of celebration savings! Countries use billions of dollars or up to their extent to go against any other country for war! Every world war had its own rupture period or a spark. Trench warfare was the rupture point in 1914 for World War I. Of course, there have been many world wars and many legends have claimed to rule the world. However, historically the only ‘first’ World War occurred was the one which began in 1914 and ended after four years of gruesome fall. There have been saying that ‘Allied’ forces won the World War I and then the fights came to a halt until 1939. Surely, it is not the nature of any country’s administration to be ‘friendly’ with one another. For example, two enemies join forces to over-rule the third enemy, such were the allied forces and the central powers; they were not supposed to be friendly with each other; however, they never over-ruled each other as well.
Well, not in the abstract because, Russia and United States were the Allied powers against the Central. Surely the casualties in the World War I included 37+ million civilians. It is also considered that the death toll by 1920 rose to more than 100+ million after World War I due to the influenza pandemic. Some have even credited Germans to have used their pharmacy labs to create the biological weapon against their enemies. One thing that many might not have noticed or questioned is the ‘evolution’. This virus, which has been genetically challenged for the cure, has the ability to evolve at a rapid speed. Adamantane drugs were used to treat this virus. Recent studies have shown that influenza is mainly present in most living plants, mammals, and even birds; however, they are dormant in nature at the moment. Swine flu and Bird flu are considered to have roots to the N lineage of this virus. The evolution of this virus is so profound that it has actually adopted the antidote as an evolutionary habit that the resistance power of this virus has increased up to 90 per cent for the antiviral compound Adamantane. This drug is also identified as a key structural subunit in several synthetic cannabinoid designer drugs aka AB-001 and SDB-001. These designer drugs ‘may mess around’ with the receptors of the native’s brain. Millions of dollars are spent by various pharmaceutical companies and the major researchers are GlaxoSmithKline, MedImmune Inc, Novartis, etc. Also, the Supreme Court in 2013 dishonoured Novartis’ plea for their patent on a drug which claims to have been used to cure cancer. Surely, the vaccinations should be free, if the government has been sponsoring the researches, but the companies do have the rights to patent their findings. The need for research is high against the deadly evolutions of the N lineage virus and so far, Novartis has been in the news for taking the lead in research (followed by their patent applications).
The World War II started in 1939 and lasted way more than the previous World War. The emergence to cease this war was the forecast of the 2nd great economic depression; the world war began right after or during the closing phase of the first economic depression. The recovery from the World War II also called in the emergence of the United Nations after World War II in 1945. UN was formed to replace the League of Nations to stop wars between countries and to provide a platform for dialogues and debates. However, it is a well-known fact that when the US attacked the Middle East, there were almost no dialogues done in the United Nations whereas, as per the compliance for the member states, they are required to have a documented dialogue before declaring the war. The fall of the World Trade Centre was considered to be the rupture of the World War III; however, after the once-and-for-all bombardments of the US over the Middle East, it is no more considered as the rupture. The leader Kim Jong-un has not left easy breathers for anyone in the world. However, none of the ‘internet nations’ has considered their warnings seriously. The US officials have confirmed that North Korea can test fire their missiles, short range, and long range anytime! However, North Korea is under the surveillance of the United States; although, the US still feels that North Korea is a threat to the security of the US. Due to its geographical location, it can heavily impact the trade with Asian to US and EU countries and this is impacting the overall global economy. The slight hit from North Korea on South may impact Japan. The US has been assisting South Korea against this threat making South Korea, an ally. Alliances of different countries are talked over by the mutual benefit in terms of security and business models. Indo-Russian bilateral relations are an open book for the countries overall. In the first quarter of 2013, the US and Japanese markets have pulled more than $1 billion from India and other BRIC economies. Considering the deficit, India was at -951, whereas the US and Japan were at 53k and 10k respectively. BRICS nations are at economical fall out with Brazil at -1.3k, Russia at -698, and Africa at -47. However, on the flip-side of currencies, West Europe was at 3.2k and Emerging Europe was at -654, tallying to a total profit for Europe as a whole. From what we know so far, we know who our allies are whether we like to speak their language or we don’t; they are definitely not, as a whole! However, this time it was a simple attempt to show the broader introspection of the world that we live in, yet another attempt to show you, beyond the news.
(Any suggestions, comments or dispute with regards to this article send us on feedback@www.afternoonvoice.com)
This year in monsoon Mumbai had witnessed a large increase in the number of trees collapsing incidents that claimed many lives. Amid the fall in the air quality levels in the city, BMC’s negligence to get to the root of the main cause of trees collapsing due to the concretisation within the space of 1 sq.mt at the footpath near trees is erring the city dwellers.
Congress corporator Ravi Raja expressed, “This is really a serious issue especially at a situation when air pollution is at its peak. Such negligence by BMC is not accepted. Moreover, the way the trees are being destroyed for the metro project is intolerable. It will have a serious consequence in the near future. Through Afternoon Voice, I would like to request the city dwellers to inform us if any such irregularities by the BMC are taking place at your area, we will together fight against the issue.”
In order to get roots to grow and expand, the BMC officials had instructed to earmark the free space up to one square meter of land around the tree, while the employees of the corporation several times failed to follow the guidelines and allot space up to one or one-and-a-half-feet. On this backdrop, the court had directed the corporation to remove the symmetry surrounding the tree bullets. Although the corporation has started work to implement these orders, but the sources say that it is observed that the process simply is just for the sake. There has been an increase in the number of casualties due to the collapse of trees since the past few years. This year, the BMC employees cut branches of 95 thousand trees. However, even after that, the incident of tree fall is not reduced. This year, seven people lost their lives due to tree collapses.
A social activist from Chembur on the condition of anonymity stated, “It’s been years that we are working against this carelessness of the BMC. Whenever broken footpaths are repaired, the unused materials are never cleaned from the place. The rules pertaining to making footpath keeping 1 sq.mt space around the root of the tree is hardly being followed. Unfortunately, when air pollution is at the top of the talks and unbreathable air quality in the metro cities is a major concern, our administrations is gradually turning this city’s situation just like Delhi. Protecting trees is the only solution at this life-and-death moment!”
According to a survey, Mumbai currently has 29,75,283 trees amongst which there are 11,25,182 trees at government places while 1,85,333 trees on the footpath out of which 143 collapsed during monsoon. At present, the area around the trees on the roads of the municipal headquarters, Dadar, Gokhale Road is under construction. According to the court order, it is necessary to free the space around one meter of the trees, while experts believe that there is no directive to keep 1 meter free from all directions on the ground. Nonetheless, out of 15,63,701 trees 363 collapsed on private properties. According to the reports, this year seven people were killed and 21 were injured in the incidents.
Congress MLC Bhai Jagtap commented that the casualties is indeed a result of BMC’s utmost negligence and the civic body can’t get away from its responsibilities.
“Due to poor environmental quality and hygiene issues, thousands of Mumbaikars die every year suffering from Tuberculosis but BMC is clueless and has no measures to stop that. The already decided measurable factors to save the trees on the city footpaths must be followed. Whenever the negligence by the BMC towards these issues like environment or health are discussed in the house, the administration promises prompt action but nothing see the light of reality. In the ward number 224, Colaba, I myself questioned the corporate about the irregularities happening while they were planting trees on the footpath,” he shared.
Some NGOs had filed a petition in the court to report the collapse of trees. When this matter came before the Green Tribunal, the tribunal directed the corporation to remove the encroachment around the tree’s pillar. Accordingly, the municipality will remove the collapse of the bottom of the pillars. In some places, work has been started to free the part of a few feet of the roots. Commissioner Ajoy Mehta has asked the Department of Horticulture to study and report how many parts should be set around the trees.
Deputy Municipal Commissioner (Gardens), Dr. Kishor Kshirsagar had mentioned earlier that the trees placed on or around the concrete roads of Mumbai where there are chances of traffic due to the falling of the trees, should be cut down immediately; however, the work is in progress in all the departments. According to Superintendent of Garden and Trees, Jitendra Pardeshi had also said that the part of the tree is being freed as per the width of roads and pavement.
When AV tried contacting Kishore Kshirsagar and Jitendra Pardeshi, they remained unavailable to comment.
The Bombay High Court on Friday said the Maharashtra government and other planning authorities should adopt a “zero tolerance” policy towards illegal construction, adding that such structures cannot be regularised.
A division bench of Justices A S Oka and A K Menon was hearing a petition filed by Mayura Maru and Rajeev Mishra alleging unauthorised construction at Digha village in neighbouring Navi Mumbai.
In 2015, HC had directed Maharashtra Industrial Development Corporation (MIDC), City and Industrial Development Corporation (CIDCO) and Navi Mumbai Municipal Corporation (NMMC) to demolish 94 unauthorised buildings in Digha village.
The state government later told the court that it would frame a policy to regularise such illegal constructions not just in Navi Mumbai but across the state.
The government had claimed that it was contemplating to do so to ensure the common man does not suffer.
The government later submitted a draft policy before the court to this effect. But the court had, in 2017, rejected the same and said it would hear the petitions on merit and pass a final order.
In its judgement, the bench on Friday said it was the state government’s and planning authorities’ duty to ensure that illegal constructions are prevented.
“The state government and planning authorities will have to show zero tolerance to illegal constructions and it is their duty to take immediate steps for demolition of illegal developments,” the court said.
The bench has held that section 52 (A) of Maharashtra Regional and Town Planning (MRTP) Act, pertaining to illegal constructions and their regularisation, allows the concerned authorities to accept and hear applications seeking for regularisation.
“However, it does not enable the planning authorities or the state government to compound unauthorised structures which are constructed contrary to the provisions of the Development Plans, Regional Plans and the Development Control Regulations (DCR),” the court said in its judgment.
The court said all its previous orders directing CIDCO, NMMC and MIDC to demolish illegal constructions will continue to apply.
It also directed the three authorities to carry out a survey to identify illegal constructions in their respective jurisdiction.
The bench further sought an action taken report on March 31, 2019 against illegal constructions by the three authorities.
The RSS on Friday said Hindus were feeling “insulted” by the Supreme Court’s declaration that the Ayodhya issue is not a priority and insisted that an ordinance would be needed if all options run out.
After a three-day RSS conclave in Maharashtra, its general secretary Bhaiyyaji Joshi said the organisation “will not hesitate to launch an agitation for Ram temple, if needed, but since the matter is in the Supreme Court, there are restrictions.” He said the Rashtriya Swayamsevak Sangh (RSS) was “not putting pressure” on the government as “We respect the law and the Constitution which is why there has been delay.” Joshi added that the Ram temple issue was among the various matters discussed when Bharatiya Janata Party (BJP) president Amit Shah met RSS chief Mohan Bhagwat earlier in the day.
“We respect the Supreme Court and urge it to take into consideration sentiments of Hindus,” Joshi said while addressing a press conference after the National Executive meeting of the RSS on the outskirts of Mumbai.
The wait for the (Supreme) court’s verdict has been too long. Since the matter was listed on October 29, we felt Hindus would get good news before Diwali. But the Supreme Court deferred the hearing,” he said.
“We will not hesitate to launch an agitation for Ram temple if needed. But since the matter is in the Supreme Court, there are restrictions,” he added.
On October 29, the SC fixed the Ram Janmabhoomi-Babri Masjid land dispute case for the first week of January 2019 before an appropriate bench, which will decide the schedule of hearing.
A three-judge bench, headed by Chief Justice Ranjan Gogoi, said the appropriate bench will decide the future course of hearing in January on the appeals filed against the Allahabad High Court verdict in the Ayodhya land dispute case.
“We have our own priorities. Whether the matter will be heard in January, February or March, the appropriate bench will decide,” it had said when Solicitor General Tushar Mehta and advocate C S Vaidyanathan, appearing for the Uttar Pradesh government and deity Ramlala respectively, sought early listing of the appeals in the case.
As many as 14 appeals have been filed against the 2010 High Court judgement that suggested that the 2.77 acres of disputed land be partitioned equally among three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
Joshi on Friday said the matter had been pending before courts for too long and pointed out that the apex court said their priorities were different when an early hearing of the long-pending issue was sought.
Joshi said the temple issue is closely linked to the faith and sentiments of Hindus and it is painful to hear that it does not figure on the priority list of the court.
“It is a matter of pain and anguish that an issue which Hindus consider their faith and sentiment is not in the priority list of the court… Hindus are feeling insulted.” The RSS expected the court to decide on the issue, “taking into consideration the sentiments of the Hindu community,” Joshi said.
The RSS leader said a legal sanction is required to pave way for construction of the temple.
Asked about the demand of various Sangh Parivar outfits for an ordinance for early construction of a Ram temple at the disputed site in Ayodhya, he said, it was the right of those asking for it.
“The government should consider this option if all other options run out… it is up to the government,” Joshi said.
At the same time, he added, “Unless the Supreme Court takes a decision on the title suit, it is difficult for the government to take any decision.” Joshi was asked if the RSS was putting pressure on the government and why the temple issue was not being decided by the government since it has a majority.
“We are not putting pressure. But we will build consensus. We respect the law and the constitution which is why there has been delay,” he added.
To a query about Congress President Rahul Gandhi questioning the Hindutva of RSS, Joshi said he should not be taken seriously.
On the issue of the apex court seeking Rafale deal papers, the RSS leader said it is up to the government to take a call.
Speaking on the Sabarimala controversy, Joshi said the RSS supports the demand for restriction on women’s entry into the temple.
“We don’t support discrimination against women at Hindu places of worship, but some temples have certain restrictions and people may think it is against their rights. One has to consider rules of the temple as people’s faith is supreme, he said.
“The society doesn’t function always on laws but also on beliefs and faith. There should have been discussions with all stakeholders before the Sabarimala verdict,” he said.
Joshi said the three-day meet deliberated on various organisational matters and a plan for water conservation and environment protection will soon be put in place.
The Bombay High Court on Friday refused to stay work on the Rs 3,600 crore Chhatrapati Shivaji Maharaj memorial in the Arabian Sea being built by the Maharashtra government.
A division bench of Chief Justice N H Patil and Justice G S Kulkarni refused to grant interim stay on the project work as sought by three public interest litigations which raised questions on the government’s decision to spend so much money on a statue.
“We may observe that the decision to have a project of this nature is a policy decision taken by the state. We are sure that the state government has given appropriate consideration on all the financial issues before taking a policy decision to undertake the project in question,” the court said in its order.
From the government’s affidavit, it is clear that proper financial provision has been made and normal expenditure, which would be incurred by the state government on other necessary requirements, are not affected, the order said.
“Also, the state government contemplates a scheme which would be worked out to recoup the cost of the project which may include fees which would be charged from the visitors,” the court said.
It added that priorities of public need are matters which lie completely in the domain of the state government.
The petitions had criticised the government for spending Rs 3,600 crore on the memorial even though the state was reeling under a drought-like situation and facing several other more important issues which needed attention.
The government, in response, had said the expenses of the Chhatrapati Shivaji Memorial statue was a capital expenditure and the statue would be an asset to the state.
Senior counsel V A Thorat, appearing for the government, had earlier told court that the government has examined each and every aspect, including safety and environmental issues, before beginning the work on the project.
He said a disaster management and evacuation plan was also in place.
“All environmental clearances have been given for the project. In fact, on June 15 this year, the Coastal Regulation Zone (CRZ) authority had given the government permission to increase the height of the statue from 192 metres to 210 metres,” Thorat said on Thursday.
The Bombay High Court Friday dismissed a public interest litigation against the CBI’s decision to not challenge a 2014 trial court order discharging BJP chief Amit Shah in the Sohrabuddin Shaikh encounter case.
A division bench of justices Ranjit More and Bharati Dangre said it was not inclined to grant reliefs sought in the petition.
The petition was filed by a group, Bombay Lawyers Association, questioning the CBI’s decision not to challenge the discharge granted to Amit Shah in the case.
“We are dismissing the petition. We are not inclined to grant any relief…especially when the petitioner is a body which has no locus in the case,” the court said in its judgement.
A special CBI court had in 2014 discharged Shah in the case.
Sohrabuddin Shaikh and his wife Kausar Bi were killed in an alleged fake encounter by the Gujarat Police in 2005.
Shaikh’s partner Tulsi Prajapati was killed in another encounter in 2006 by the Gujarat and Rajasthan police.
Of the 38 people charged by the CBI in the case, 16, including Shah and all senior officers of Gujarat and Rajasthan police, were discharged by the trial court and the Bombay HC.
The association’s counsel Dushyant Dave had argued that the CBI had changed its stand on Shah after the change of government at the Centre in 2014.
The petition raised questions over the agency’s decision to file revision applications against the discharge of two other accused in the case, but not challenging Shah’s discharge from the case.
The CBI had opposed the petition and said its decision was a “conscious and reasonable” move. Terming the petition as “politically motivated” and a “publicity stunt”, the agency had sought dismissal of the petition.
Additional Solicitor General Anil Singh, appearing for the CBI, had told the court that the investigating agency had studied the trial court’s order granting discharge to Shah as well as various subsequent orders of appellate courts upholding the same.
“After going through these orders (of the trial court and of appellate courts), we decided that the order of discharge did not require any judicial review and hence, we took a conscious decision to not file any applications challenging Shah’s discharge from the case,” Singh had said.
Dave had argued that the CBI was roped in by the Supreme Court to probe the killings of Shaikh, his wife Kausar Bi, and Prajapati as the apex court had reposed its trust in the “independent” agency.
“Hence, the CBI should have been impartial and treated all accused persons in the same manner. Why did it then challenge the discharge granted to police officers N K Amin and Dalpat Singh Rathod, but went quiet in Shah’s case,”
Dave had questioned.
He had said the CBI had opposed the discharge plea filed by Shah before a special court in the city in April 2014, but changed its stand after Shah was discharged in December 2014.
“They had called him (Shah) one of the main conspirators in the case at that time. However, in December 2014, Shah was granted discharge in the case and the CBI changed its stand on his role.
“That is because the general elections took place and the government at the Centre changed. But, isn’t the CBI supposed to be impartial irrespective of who is in power at the Centre,” Dave had asked.
Countering Dave, Singh had said there was no law that makes it must for the CBI to file appeals or revision applications in case of every discharge.
