Malegaon blast case: Purohit, Sadhvi and five other charged under UAPA

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October 30, 2018

A special court on Tuesday framed charges in the 2008 Malegaon blast case against Lt Col Prasad Purohit, Sadhvi Pragya Singh Thakur and five others for terror activities, criminal conspiracy and murder, among others.

Judge Vinod Padalkar, presiding over the special National Investigation Agency (NIA) court, framed charges against all the seven accused under sections of the stringent Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC).

After framing of the charges, the court posted the case on November 2 for the trial to commence. Framing of charges is a process after which the trial in a criminal case starts.

The accused were charged under sections 16 (committing terrorist act) and 18 (conspiring to commit terrorist act) of the UAPA.

Under the IPC, they were charged under sections 120 (b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 324 (voluntarily causing hurt) and 153 (a) (promoting enmity between two religious groups).

The accused were also charged under relevant sections of the Explosive Substances Act.

Apart from Purohit and Sadhvi, the accused are – Major (retired) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni.

The judge, while reading out the charges against the accused persons said, “The Abhinav Bharat organisation was formed with the common object to spread terrorism and a bomb with RDX was planted on a motorcycle in Malegaon that killed six persons and injured 101 others.”

“The accused persons came together to hatch a conspiracy to commit a terrorist act and procured explosives to further their conspiracy,” Padalkar said.

According to the prosecution, the accused persons had formed the right-wing group Abhinav Bharat and held meetings under this group’s name at various places in the country, where the alleged conspiracy was hatched.

All the accused were present in the court when the judge read out the charges against them. They pleaded not guilty in the case.

Purohit told the court that he never expected this and said, “No one can doubt my honesty, integrity and service record.”

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.

On December 27 last year, the special NIA court had dismissed pleas filed by Purohit, Thakur and others seeking to be discharged from the case.

The NIA, after taking over the case, had filed a charge sheet in 2016 giving a clean chit to Sadhvi and three others- Shyam Sahu, Praveen Takalki and Shivnarayan Kalsangra- saying it found no evidence against them and they should be discharged from the case.

The NIA court had, however, absolved only Sahu, Kalsangra and Takalki, and said Sadhvi will have to face charges.

At that time, the special court had dropped stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA) against the accused, but had said they will face charges under the UAPA and other sections of the IPC, including murder and criminal conspiracy.

The accused had later challenged the validity of the UAPA against them.

Earlier this month, the special court had rejected their pleas challenging the applicability of the UAPA against them.

Purohit had last week approached the Bombay High Court challenging the lower court order.

He has sought from the high court to stay the framing of charges procedure till his appeal is heard and decided.

On Monday, the high court had however refused to do so and posted the petition for hearing on November 21 and sought the NIA’s response.

The high court refused Purohit’s request for staying the proceedings in the trial court, noting that in the past, both the Supreme Court and the Bombay High Court had passed orders directing the trial court to expedite the hearing in the case.

Purohit, however, had argued through his counsel Shrikant Shivade that he cannot be prosecuted in the case since the sanction granted by the government to prosecute him was “wrong in law”.

A prior government sanction for Purohit’s prosecution was required since he was a serving Army officer at the time of his arrest. The sanction was issued by the additional chief secretary of the Maharashtra home department on January 17, 2009.

Shivade claimed that under the UAPA, the state law and judiciary department, which is the sanctioning authority, has to constitute an appropriate authority and seek its report first.

In his case, the sanction was given in January 2009, but the authority was appointed only in October 2010, he has argued.

The sanction in Purohit’s case thus, was not valid under the UAPA, Shivade has maintained.

No change in Shivaji memorial site, says Fadnavis

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Afternoon Voice

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October 30, 2018

Maharashtra Chief Minister Devendra Fadnavis has ruled out the possibility of shifting the proposed Chhatrapati Shivaji Memorial from its present location in the Arabian Sea off Mumbai coast.

On October 24, one person had died when a boat carrying 25 people capsized in the Arabian Sea off the Mumbai coast when it was heading to the site of the proposed Chhatrapati Shivaji memorial, where work was to begin that day. The tragedy has revived the demand to shift the ambitious project on land in the city.

“There is no reason for changing the location (of Shivaji memorial). The memorial will take shape at the same place. We have (already) begun the work,” Fadnavis said while interacting with select media persons on Monday night.

Terming the last week’s accident as unfortunate, Fadnavis said, “Initial probe into it has suggested that the accident took place after the boat operator took a short cut en route to the memorial site.”

The project has got all the requisite permissions, granted after all its aspects, including its location, were considered, he added.

Fadnavis, whose government will complete four years in office on Wednesday, noted that the warrior king Shivaji had built several forts in the sea years ago and that too at difficult locations.

“And we have got such a convenient location and still we debate on it? How come we are so timid about (building) the memorial of the king, who built so many forts in the sea?” he asked.

Raising safety concerns in the event of the incident, some pro-Maratha groups as well as Kankavli MLA Nitesh Rane had demanded that the memorial be built on some other location like the premises of the Raj Bhavan here or at Sindhudurga fort in Konkan.

Spend Diwali in water-starved Marathwada: Congress to PM Modi

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Afternoon Voice

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October 30, 2018

The Congress on Tuesday “requested” Prime Minister Narendra Modi to spend this year’s Diwali in the water-starved Marathwada region and demanded a relief package for the state.

The region in Central Maharashtra in reeling under drought-like conditions due to deficient monsoon rains this year. Last week, the state government said around 180 talukas in Maharashtra are facing a drought-like situation. The state has more than 350 talukas spread across 36 districts.

Maharashtra Pradesh Congress Committee (MPCC) president Ashok Chavan said the region needs urgent national attention.

“I request Prime Minister Modi to spend Diwali in Marathwada this year. Diwali gift for Marathwada should be a drought relief package, clean drinking water and uninterrupted power supply,” Chavan said.

The former chief minister’s comments came in the backdrop of Modi’s Diwali greetings to the nation during his monthly ‘Mann ki Baat’ radio address on Sunday.

“Prime Minister Narendra Modi wished the nation a ‘Happy Diwali in his Mann Ki Baat. But how will the drought- struck farmers of Marathwada celebrate Diwali?” Chavan asked at a rally in Parbhani in Marathwada as part of the Congress statewide ‘Jan Sangharsh Yatra’.

“The sorrow and distress of the people of Marathwada need urgent national attention,” he said.

He said the prime minister should immediately announce financial assistance for the “drought-affected” regions of Maharashtra.

The best Diwali gift for Marathwada would be a drought relief package and providing clean drinking water and uninterrupted power supply to the region, Chavan said.

The MPCC president criticised Chief Minister Devendra Fadnavis, saying he is busy giving interviews to celebrate four years of the BJP-Shiv Sena government instead of supervising relief operations in water scarcity-hit areas.

He asked Fadnavis to stop his “publicity stunts”.

“Why is the Chief Minister giving interviews in Mumbai about the drought in Maharashtra? He should be in Marathwada, listening to the plight of the farmers,” said Chavan.

Chavan, along with other state Congress leaders, is leading the third phase of the ‘Jan Sangharsh Yatra’ across 27 Vidhan Sabha constituencies in Marathwada.

The previous phases had covered more than 50 Assembly constituencies spread across western Maharashtra and north Maharashtra.

Chavan said ministers were merely completing formalities during their drought study tours instead of listening to the demands of farmers.

“Ministers are reviewing drought preparations at night with mobile phone torches. This is a complete joke!” Chavan said.

Chavan talked about lack of focus by the government in managing the drought-like situation in the parts of the state.

“There is a grave fodder scarcity in Marathwada that is not being addressed by the government. District collectors should be given Rs 25 crore each to release emergency provisions in the region,” he said.

Federer due in town as Sousa lines up Djokovic at Paris Masters

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Afternoon Voice

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October 30, 2018

Roger Federer is poised to seek his 100th ATP title at the Paris Masters this week with organisers announcing the Swiss great “arrives” on Tuesday.

If the holder of 20 Grand Slam titles lines up at Bercy it will be his first appearance at the last Masters’ event of the season since 2015.

The 37-year-old Swiss star won his 99th career title at the weekend in Basel but hasn’t played in Paris in three years due to injury and selective scheduling.

Federer “arrives tomorrow” organisers tweeted on Monday. He faces either Jo-Wilfried Tsonga or Milos Raonic on Wednesday.

Portugal’s Joao Sousa will meet Novak Djokovic in the second round after defeating Marco Cecchinato 7-5, 6-3 in his opening match.

Cecchinato stunned Djokovic in the quarter-finals of the French Open in June, but the Italian missed out on a rematch with Djokovic as he fell apart after losing his serve at 5-5 in the opening set.

Second seed Djokovic is a four-time champion in Paris and is bidding to reclaim the world number one ranking from Rafael Nadal this week.

The Spaniard, who has never won the indoor tournament, is making his return from the knee injury that scuppered his US Open chances.

Filip Krajinovic, last year’s runner-up in Paris, slid to a first-round defeat by Karen Khachanov that will send the Serb spiralling down the rankings.

The 34th-ranked Krajinovic served for the first set but rapidly came unstuck and suffered a 7-5, 6-2 loss that will see him tumble outside the top 90.

Richard Gasquet beat Denis Shapovalov but Gasquet’s fellow Frenchman Nicolas Mahut went out 7-6 (7/1), 6-2 to American Frances Taifoe.

Indian pacer Khaleel Ahmed warned for Samuels send-off

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Afternoon Voice

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October 30, 2018

Young Indian pacer Khaleel Ahmed was on Tuesday warned and handed a demerit point for giving an “aggressive” send-off to West Indies batsman Marlon Samuels during the fourth ODI in Mumbai.

Ahmed was found guilty of a Level 1 breach in the ICC Code of Conduct.

“The incident happened in the 14th over, when the left-armer, after having Marlon Samuels caught in the slips by Rohit Sharma, advanced aggressively towards the departing batter, which, in the view of the on-field umpires, could have provoked a reaction from the Windies player,” said the ICC in a release.

Ahmed violated Article 2.5 of the Code, which relates to “using language, actions or gestures which disparage or which could provoke an aggressive reaction from a batter upon his/her dismissal during an international match”.

After the match, the 20-year-old admitted the offence and accepted the sanction proposed by match referee Chris Broad, making a formal hearing redundant.

“Level 1 breaches carry a minimum penalty of an official reprimand, a maximum penalty of 50 per cent of a player’s match fee, and one or two demerit points,” the release added.

When a player reaches four or more demerit points within a 24-month period, they are converted into suspension points, leading to bans of various degrees.

Left-arm pacer Ahmed was the stand-out bowler for India in the game, taking three wickets for 13 runs in five overs.

India won the fourth ODI by 224 runs to take a 2-1 lead in the five-match series. The second game ended in a dramatic tie.

President hails sacrifice of soldiers at HPU convocation

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Afternoon Voice

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October 30, 2018

President Ram Nath Kovind Tuesday hailed the sacrifice made by soldiers from Himachal Pradesh, saying the state sends a bigger percentage of its youth to the armed forces compared to other states.

Kovind made the remarks while addressing the 24th convocation ceremony of the Himachal Pradesh University (HPU).

He said the youths of the state have made a special identity in the armed forces with their supreme sacrifices and it is evident from the fact that four Paramvir Chakras have so far been awarded to soldiers of the state for their exemplary bravery.

He conferred gold medals to 11 meritorious students, including 10 girls, of the HPU.

“Girls are performing well in studies without any quota and if it continues like this, the day will come when man will need reservation,” he said.

The president asked the students to play their respective roles in growth of the country. He congratulated them on birth anniversary of nuclear physicist Homi Jehangir Bhabha and hoped they will take inspiration from eminent personalities like him.

Speaking on the occasion, HP Governor Acharya Dev Vrat said, “If teachers, police personnel and politicians start doing their work in an honest way, our country may again become the world leader (Vishav Guru).”

Chief Minister Jai Ram Thakur recalled how he used to work as a student leader at the HPU.

In the ceremony, 180 students received PhD degrees.

BJP should not take me for granted: Parsekar

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Afternoon Voice

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October 30, 2018

As the ruling BJP is eyeing to field former Congress MLA Dayanand Sopte for the upcoming Mandrem Assembly bypoll in Goa, former state Chief Minister and BJP leader Laxmikant Parsekar on Tuesday indicated that he might rebel against his party.

Sopte and another Congress MLA recently resigned as members of the Goa Legislative Assembly and joined the BJP, dealing a blow to the opposition party in the state.

Now, as the Congress started consolidating anti-BJP forces ahead of the upcoming bypoll in Mandrem Assembly, Parsekar said the BJP should stop taking him for granted.

His statement comes two days after Goa Pradesh Congress Committee (GPCC) chief Girish Chodankar met him at Mandrem, which the former had represented in the state assembly till 2017.

Parsekar had lost to Sopte from Mandrem constituency in north Goa in the February 2017 Assembly polls.

Earlier, Parsekar had criticised BJP’s Goa unit chief Vinay Tendulkar for not taking him into confidence while inducting Sopte.

“I will not reveal all my cards now. There is a feeling in BJP that I will never rebel against the party or I will never leave it (party). Sometimes, your virtues act as negatives and that has happened in my case. But this time, the party should not take me for granted,” Parsekar said.

Although he confirmed that Chodankar had met him, Parsekar refused to elaborate about the meeting.

“These days there are many people who come and meet me. Chodankar had also come. There were some discussions,” he said.

Parsekar said that the Mandrem block of the BJP still considers him (Parsekar) as the candidate from the constituency.

“Let the elections be announced. Let the candidates be announced…then I will reveal my stand,” he said.

Vijay Kumar Bist sworn in as Sikkim HC Chief Justice

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Afternoon Voice

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October 30, 2018

Justice Vijai Kumar Bist was sworn in as the Chief Justice of Sikkim High Court at Raj Bhawan on Tuesday morning.

The post fell vacant following the superannuation of Justice Satish Kumar Agnihotri on June 31.

Bist, a senior judge of the Uttarakhand High Court, was elevated to the post of chief justice of Sikkim High Court on the recommendation of the Supreme Court Collegium.

Governor Ganga Prasad administered him the oath of office at Ashirwad Hall of Raj Bhavan, in the presence of Chief Minister Pawan Chamling, cabinet ministers, MLAs and senior officials of the high court.

Bist was appointed as one of the judges in Uttarakhand High Court in November, 2008.

Odisha Cong MLA to resign over Kunduli gangrape incident

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Afternoon Voice

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October 30, 2018

Congress MLA Krishna Chandra Sagaria on Tuesday said that he will resign as member of Odisha Assembly, protesting alleged injustice meted out to a gangrape and suicide victim of Kunduli in Koraput district.

A 14-year-old girl had alleged she was gangraped by four persons in uniform on October 10, 2017. However, the police had ruled out rape, citing medical reports. The girl subsequently committed suicide by hanging herself on January 22.

“I have decided to resign from membership of Odisha Assembly, as I feel I have no moral right to continue as an MLA after having failed to ensure justice in Kunduli gangrape and suicide incident,” Sagaria told reporters.

“I was deeply pained after the poor girl committed suicide. Being the local representative, I was morally responsible to ensure justice to her,” the Koraput MLA said.

Holding the Odisha government responsible for the incident, the Congress leader alleged that the investigation was hushed up by the police.

To a query, he said he has not discussed about his move to resign from the Assembly with the party leaders, saying this was his individual decision.

Sagaria said he would soon submit his resignation to the Assembly Speaker.

The Congress leader said he would go to people and create awareness about increasing atrocities and crimes against women in the state.

“I will tell people about inaction on the part of the state government in providing justice and security to women,” he said.

Rahul says linked MP CM’s son to Panama Papers out of ‘confusion’

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Afternoon Voice

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October 30, 2018

Facing a defamation suit for alleging Madhra Pradesh Chief Minister Shivraj Singh Chouhan’s son was named in the ‘Panama Papers’, Congress president Rahul Gandhi clarified on Tuesday he had got “confused”.

“For campaigning I am touring Madhya Pradesh, Chhattisgarh and Rajasthan these days. The ruling BJP has indulged in so many scams and corruption that I got confused,” Gandhi said.

“In Panama Paper leak case, Madhya Pradesh chief minister has no role,” Gandhi told a select group of journalists when asked about his comments during a rally in Jhabua district of poll-bound Madhya Paresh on Monday.

Without naming the chief minister or his son, Gandhi had alleged during the rally that the name of the son of ‘mamaji’ had figured in the Panama Papers but no action was taken against him.

Chouhan is often referred to as ”mamaji’.

While the chief minister’s son Kartikey Chouhan rejected the allegations on Monday night itself, he has now filed a criminal defamation suit against Gandhi in a Bhopal court, alleging that the Congress leader intentionally made the false allegations to defame his family.

While clarifying his remarks on Panama link, Gandhi alleged the state’s BJP chief minister indeed had a role in scams like Vyapam and e-tendering, among others.

Vyapam scam refers to massive irregularities in state government jobs recruitment and selection in medical courses done by the Madhya Pradesh Professional Examination Board.

The main Opposition party has also alleged large-scale corruption through e-tendering in Madhya Pradesh. It has claimed massive irregularities in grant of state government procurement and other works through a website developed by two private IT companies. The ruling party has rejected all these allegations.