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SC agrees to hear plea of NGO challenging reduction of age of consent

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Image: PTI

The Supreme Court has agreed to hear a plea by an NGO against any reduction in the age of consent, saying it jeopardizes the interests of a large number of child victims of sexual abuse, especially girls.

A bench of Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Mishra issued notice to the Centre and tagged the plea of ‘Bachpan Bachao Andolan’ with a pending petition filed by the National Commission for Protection of Child Rights (NCPCR).

The NCPCR had challenged last year’s order of the Punjab and Haryana High Court, which said that a minor Muslim girl can marry a person of her choice.

The apex court sought the Centre’s response on the issue on Friday.

The plea of the NGO, besides seeking a slew of directions and guidelines, has also sought a directive to the courts to refrain from making observations regarding the minor victim’s casual relationship and promiscuous attitude while dealing with the criminal proceedings under the POCSO Act.

It has been said that the dissemination of misinterpreted information pertaining to POCSO cases (Protection of Children from Sexual Offences Act, 2012) as ”elopement and romantic relationships” has undermined the spirit and purpose of the stringent legislation.

It also challenged the circular issued on December 3, 2022, by the office of the Director General of Police, Tamil Nadu, directing the police officials to not show haste in effecting an arrest of the accused in mutual romantic cases, alleging that thereby most of them fell into the category of ”mutual romantic relationships”.

The NGO also highlighted that despite official facts and figures, various NGOs, governments, and/or law enforcement authorities have relied on flawed methodologies and wrongly interpreted that 60 to 70 percent of POCSO cases are pertaining to consenting minors and fall under the category of ”consensual romantic relationships between teenagers that often get criminalised.

It said that the alleged figure of 60–70 per cent is incorrect since the total number of cases between 16 and 18 years is approximately 30 per cent of the total POCSO cases in the country.

The organization has further claimed that a survey conducted by support persons reveals that only 13 per cent of the total POCSO Cases are alleged to be consensual in nature.

On October 17 last year, the top court agreed to examine a plea of the NCPCR challenging the Punjab and Haryana High Court’s June 13, 2022, order that a minor Muslim girl can marry a person of her choice.

The apex court had appointed advocate Rajshekhar Rao as amicus curiae in the matter and said that it was not going to interfere with the order of the high court but would examine the question of law involved in the issue.

It had, however, on January 13 ordered that the final judgment of the High Court dated September 30, 2022, not be relied on as a precedent in any other case.

Several other petitions have been filed on the same issue of the age of consent, which have been tagged along with the NCPCR’s plea.

On June 13, last year, the single-judge bench of the high court passed the order on a plea by a Pathankot-based Muslim couple who had approached the court for protection.

The high court had said the issue for consideration in the case was not with regard to the validity of the marriage but to address the apprehension raised by the petitioners of danger to their life and liberty.

It had directed the Senior Superintendent of Police, Pathankot, to decide the representation of the petitioners and take necessary action as per law.

Given the kind of stand Ajit Pawar has taken, he is not our leader: Sharad Pawar

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Given the kind of stand Ajit Pawar has taken, he is not our leader: Sharad Pawar 3

After asserting that there is no conflict between them and his nephew Ajit Pawar and he remains their leader, Nationalist Congress Party (NCP) patron Sharad Pawar later retracted his words and said that he had not actually expressed such views; it was Supriya Sule who said this.

Reacting to Supriya Sule’s statement, “Ajit Pawar is our leader,” NCP chief Sharad Pawar said, “I am not saying that Ajit Pawar is our leader. Supriya Sule had said that. They are like siblings, and there is no need to look for a political meaning behind this. I did not say that Ajit Pawar is our leader. This is your (the media’s) fault. That was said by Supriya, and it also appeared in newspapers. Given the kind of stand he has taken, he is not our leader.”

Earlier, Sharad Pawar denied a split in the party and said that a split happens when a major chunk of the party steps out at the national level. “There is no conflict that he (Ajit Pawar) is our leader, there is no split in the NCP. How does a split happen in a party? It happens when a large group separates from the party at the national level. But there is no such situation in the NCP today. Yes, some leaders took a different stance, but this can’t be called a split. They can do so in a democracy,” said Sharad Pawar in Baramati.

Earlier, speaking during an event in Pune on August 20, the NCP supremo said that some of the party leaders who had switched sides and went with the Ajit Pawar faction of the NCP to join the Shiv Sena (Eknath Shinde)-BJP government were being probed by the Enforcement Directorate (ED). Recently, some of our people joined the government, saying that they joined hands with the BJP on the issue of development… some of them were under ED investigation… some of them did not want to face investigation,” Sharad Pawar said.

Supriya Sule, daughter of Sharad Pawar, stood firm on her stand that “there’s no split in the NCP”. “I repeat again that there is no split in the NCP. Since the foundation of the party, our national president has been Sharad Pawar, and our current state president is Jayant Patil. Our nine MLAs and two MPs have taken a different route, for which we have already given a notice to Lok Sabha Speaker and Vidhan Sabha Speaker for the disqualification, and a reply is awaited,” she said.

Earlier on July 2, Ajit Pawar, nephew of Sharad Pawar, along with eight Nationalist Congress Party (NCP) MLAs, switched over support to the BJP-Shiv Sena (Eknath Shinde)-led Maharashtra government. Ajit Pawar later claimed to have received support from several MLAs of the NCP. Pawar was then sworn in as Deputy Chief Minister of the state. Maharashtra’s other Deputy Chief Minister is the BJP’s Devendra Fadnavis.

“Virat Kohli is perfect…”: AB de Villiers on India’s No. 4 conundrum in 2023 World Cup

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"Virat Kohli is perfect...": AB de Villiers on India's No. 4 conundrum in 2023 World Cup 5

Former South Africa captain AB de Villiers has said star batter Virat Kohli could be the answer to India’s No.4 conundrum at the ICC World Cup as he believes that the latter can change gears and play to the circumstances, acting as the centre of the middle order. Over the years, De Villiers and Kohli have been close friends and teammates while playing for the Royal Challengers Bangalore. He is aware that Kohli performs best at No. 3, but he still wants the star batter to step up if necessary.

Speaking on his YouTube channel ‘AB de Villiers 360’, Kohli’s former IPL teammate said, “We’re still talking about who will be the No. 4 batter for India. I’ve heard some rumours about Virat (Kohli) possibly taking up that position. I would be a big supporter of that.” “I think Virat is perfect for No. 4. He can put the innings together, play any kind of role in that middle order. I don’t know if he would like to do that. We know he loves his No. 3 position; he’s scored all his runs there, but at the end of the day, if the team needs you to do something, play a certain role, you have got to put your hand up and go for it,” former South Africa batter said.

India’s middle order has come into the spotlight yet again in the lead-up to the Asia Cup and the World Cup, with concerns around the fitness of Shreyas Iyer and KL Rahul, who were named for the upcoming marquee events despite being short of match time. Both had been out of cricketing action for a while due to injuries.

As India named their Asia Cup squad, captain Rohit Sharma emphasised the need for flexibility in the batting order, adding that players should be prepared to bat at any position. The No. 4 spot, however, is most likely to go to Iyer, who is recovering from back surgery.

However, Kohli has had great success batting at that number in the past. At No. 4, Kohli has seven hundreds at a stellar average of 55.21 and a similarly stellar strike rate of 90.66. However, he last batted in that position against Australia in Mumbai in January 2020.

de Villiers, also known as ‘Mr 360’, said Pakistan and India are the clear favourites to win the Asia Cup. However, he added that all teams would be wary of defending champions Sri Lanka, going into the event.

He said the lightweights in the tournament might also spring a surprise victory over their more fancied opponents. “Pakistan and India are the favourites to win the Asia Cup. However, Sri Lanka have the ability to upset the bigger teams,” he said.

Tamil Nadu: 9 killed in Madurai train fire; passengers ‘illegally smuggled gas cylinder’, say officials

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Tamil Nadu: 9 killed in Madurai train fire; passengers 'illegally smuggled gas cylinder', say officials 7

Nine passengers traveling from Uttar Pradesh were killed and over 50 were injured after a fire broke out inside a stationary train compartment near the Madurai Railway Station in the early hours of Saturday, officials said. An ex-gratia of Rs 10 lakh has been announced for the kin of the deceased, Southern Railway announced today.

A “private party coach” was attached at Nagercoil Junction on August 25 by Train Number 16730, the Punalur-Madurai Express, which began its journey from Lucknow on August 17 and had arrived at Madurai at 3.47 am today. The “party coach” was detached and kept at the Madurai Stabling line, where the fire broke out at 5.15 am, according to a statement by Southern Railway. According to the Southern Railway, the fire was triggered by an “illegally smuggled gas cylinder.”

“Today early morning at 5:30 am, there was a fire accident in a coach that was halted at the Madurai railway station…They were pilgrims and were traveling from Uttar Pradesh,” MS Sangeetha, Madurai District Collector, said. “This morning, when they tried to make coffee and tried to light the gas stove, there was a cylinder blast. A total of 55 people have been rescued, and as of now, we have retrieved nine bodies…Rescue operation is underway…,” Madurai District Collector said.

In an official statement, B. Guganesan, Chief Public Relations Officer, Southern Railway, said the fire broke out at 5.15 am in a private party coach at the Madurai yard, and the fire service, which was informed, arrived by 5.45 am. The blaze was put out by 7.15 am. There was no damage to any other coaches.

According to the release by the Railways, “the passengers in the private party coach have illegally smuggled gas cylinders, and this caused the fire. Many passengers had gotten out of the coach after noticing the fire. Some passengers had gotten down on the platform itself.” The “party coach” was scheduled to return to Chennai tomorrow by Train Number 16824, the Kollam-Chennai Egmore Ananthapuri Express, and then return to Lucknow from there.

According to the Railways, any individual can book a party coach using the IRCTC portal. They are not allowed to carry any inflammable material, like gas cylinders. The coach is to be used only for transportation purposes. Several senior officials, like the Divisional Railway Manager (DRM), Additional Divisional Railway Manager (ADRM), and other divisional officers, have reached the site of the mishap.

Rajasthan’s Bharat Bhushan fighting all alone against Municipal atrocities

rajasthan, Sukhchain Singh Ramana, bhushan bharat, bharat bhushan, raj, municipal corporation
Rajasthan's Bharat Bhushan fighting all alone against Municipal atrocities 9

Today I am writing about something that the media failed to cover, or maybe this is not a breaking issue for them. In Hanumangarh district, a family is sitting on a dharna against the municipality. The family alleges that the employees of the municipality dump all the garbage collected from the city in their locality, due to which the foul smell and filth coming from the city have made life difficult for them and their family. His children are very young, and his wife is an ordinary woman. They are agitating against the municipal authorities and fighting their battle all alone. No one bothered to notice them, no one even wanted to know what the matter was.

The victim decided to sit on the dharna after the municipality president threatened him with being arrested by the police.

Even after the protest, the employees of the municipality did not desist, so he went to the municipal president, Sukhchain Singh Ramana, with a complaint about the matter, but his complaint was not heard even there; on the contrary, the officials misbehaved with him. They threatened him with the consequences of going to Jail. Angered by this, the victim and the whole family sat on a dharna in front of the office. The officials come out of the cabin, abuse him, and go. Some threaten him, and some just ignore him, but no one has time to look into the basic request of the family.

One day he reached the house of Municipality President Sukhchain Singh Ramana, where he was manhandled and abused, which hurt his wife and three children. Together, they all made many peels, but the officers were rude to his family. The case pertains to Ward 21 of Pilibanga in the district, where the victim, Bharat Bhushan, lives with his family. The victim alleges that the employees of the municipality collect the entire garbage of the city and dump it in his locality. Due to which the garbage gets accumulated in front of his house for the whole day. Due to this, there is a constant risk of spreading infections and diseases among children.

According to the report, the entire family sat on a dharna last night, but the municipality president or one of his representatives came to take care of them. The victim’s family is still sitting on dharna. The victim said that he decided to sit on the dharna after the municipality president threatened him with being arrested by the police. Today, land, water, and air have become polluted. Garbage is dumped in open spaces. Large factories emit a lot of smoke. Due to dust particles in the smoke, the air becomes contaminated. In addition to the spread of foul odor, germs also breed in rotting trash, leading to various diseases.

Mosquitoes, flies, and mice find fertile breeding grounds in mounds of waste. Garbage from households’ waste creates health hazards. Increasing garbage in the home, outside has aggravated the problem of air pollution. Municipal facilities are not available in many areas. Bharat Bhushan has raised a question about the stink of garbage piling up at his door. In a letter to the Pilibangan Municipal Corporation, he highlighted the problem of Municipal contractors dumping waste in his area.

The municipality is picking up the waste regularly from the surrounding area and dumping it right in front of his house, so much so that it has started to pile up. The waste has oil, grease, plastic, and other things, making it a health hazard. He has two young children, and they need to be protected. The arrogance and unreasonable behavior were reported, but instead of helping the family, the authorities threatened the whistleblower. If we, the citizens, take note of such things, or support such agitations in whatever capacity we can, Bharat Bhushan like fighters against the system can get justice.

Unfortunately, his voice is choked, and his hands are tied. His family is with him, but he alone cannot really fight against municipal atrocities. It’s the need of the hour that we all hold these authorities accountable and make our surroundings worth living in.


(Any suggestions, comments or dispute with regards to this article send us on feedback@afternoonvoice.com)

Sharad Pawar continues to confuse India and MVA

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Sharad Pawar continues to confuse India and MVA 11

The way Sharad Pawar is rendering a statement is really worrisome for the Indian National Developmental Inclusive Alliance (I.N.D.I.A.) and Maha Vikas Aghadi in Maharashtra, where the NCP is in alliance.

Over a month after Ajit Pawar split the Nationalist Congress Party (NCP) and joined the BJP camp, Sharad Pawar says that there is no conflict between them and his nephew Ajit Pawar, and he remains their leader. Sharad Pawar also denied a split in the party and said that a split happens when a major chunk of the party steps out at the national level.

Sharad Pawar has said, “There is no conflict that he (Ajit Pawar) is our leader; there is no split in the NCP. How does a split happen in a party? It happens when a large group separates from the party at the national level. But there is no such situation in the NCP today. Yes, some leaders took a different stance, but this can’t be called a split. They can do so in a democracy,” he said ahead of the I.N.D.I.A. alliance meeting in Mumbai.

This comes a day after NCP working president Supriya Sule also said that there was no split in the party and that the BJP had only managed to get some of the party MLAs into the ruling alliance.

Meanwhile, Shiv Sena leader Sanjay Raut slammed the BJP, saying they are afraid of the I.N.D.I.A. alliance. The comment comes ahead of the I.N.D.I.A. Alliance’s meeting in Mumbai, scheduled for August 31 and September 1. Sharad Pawar’s confusing statements indicate that in the future he will be the first person to sabotage I.N.D.I.A. and favor the BJP in state politics.

Shiv Sena MLA Sunil Shinde told Afternoon Voice, “Our alliance with Maha Vikas Aghadi is going smoothly and is accepted by the people because of our performance during the Uddhav Thackrey government”. “NCP, which is in alliance with MVA, should clarify their stance to avoid confusion,” Shinde further added.

Former MLA of MNS, Nitin Sardesai, said, Earlier, MNS chief Raj Thackeray predicted that, at present, only a few leaders of the NCP have formed alliances with the BJP, but in the future, the entire NCP party will form alliances with the BJP”. “While these ongoing issues of alliance are seen in the NCP, this situation is only misguiding the people of Maharashtra,” Sardesai further added.

Congress leader Manikrao Thakre said, “If some leaders of the NCP have moved with Ajit Pawar for the alliance of the BJP, this has not caused any harm to the alliance of the I.N.D.I.A., and people of Maharashtra have a lot of hopes in the alliance of the I.N.D.I.A.”

“According to me, the statement given by NCP Chief Sharad Pawar was his own opinion, and earlier, the NCP chief had supported the alliance of I.N.D.I.A., so this won’t affect the alliance MVA,” Thakre further added.

National spokesperson of AAP, Preeti Menon, said, “NCP chief is the senior leader in politics, and the alliance of I.N.D.I.A. has complete hopes as he is leading the alliance”.

Eknath Shinde Shiv Sena faction spokesperson Krishna Hegde said, “This matter raised in Maharashtra is NCP’s internal matter, but NCP leaders joining hands with the BJP has made the alliance of ‘Mahayuti’ strong”.

Lalu Yadav playing badminton after getting bail in fodder scam, CBI’s tells SC

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Lalu Yadav playing badminton after getting bail in fodder scam, CBI's tells SC 13

The CBI told the Supreme Court on Friday that RJD supremo Lalu Prasad was playing badminton after being enlarged on bail in a fodder scam case on medical grounds, as it sought cancellation of the relief granted to the former Bihar chief minister.

Prasad’s counsel opposed any move to cancel the septuagenarian leader’s bail, saying he has undergone a kidney transplant recently.

The CBI has approached the court seeking cancellation of Prasad’s bail in the Doranda Treasury case, in which he has been sentenced to five years in prison.

Additional Solicitor General S V Raju, appearing for the CBI, submitted that the Jharkhand High Court order granting bail to the Rashtriya Janata Dal (RJD) leader was ”bad in law” and ”erroneous”.

Senior advocate Kapil Sibal, representing Prasad, opposed the CBI’s application on account of the former union minister having undergone kidney transplant surgery.

Sibal told the bench that Prasad has already served 42 months behind bars in the case.

”He is playing badminton. He has been granted bail after his conviction in the case. I will demonstrate that the high court order is bad in toto. There’s a short question of law. Bail has been granted on the erroneous assumption that he has spent more than 3.5 years considering that sentences are concurrent and not consecutive,” Raju told the court.

Prasad has so far been sentenced in five cases of the Rs 950 crore fodder scam, which took place between 1992 and 1995 when he was the Bihar chief minister and held the finance and animal husbandry portfolios.

Huge amounts of money were withdrawn from different treasuries in Bihar and present-day Jharkhand on the basis of fake and forged bills and vouchers related to fodder, medicines, and artificial insemination. A bench of Justices AS Bopanna and M M Sundresh adjourned the matter to October 17.

In his reply to the CBI’s appeal seeking cancellation of his bail, Prasad has cited poor health and said no purpose would be served by keeping him in custody.

The Jharkhand High Court granted bail to Prasad, 75, on April 22, 2022, in the Doranda treasury embezzlement case.

The former Bihar chief minister was sentenced to five years in prison and slapped with a fine of Rs 60 lakh by a special CBI court in Ranchi in February 2022 in connection with the fifth fodder scam case involving embezzlement of more than Rs 139 crore from the Doranda treasury.

Improving India-China relations serves common interests: President Xi to PM Modi

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Improving India-China relations serves common interests: President Xi to PM Modi 15

In his conversation with Prime Minister Narendra Modi, President Xi Jinping stressed that improving China-India relations serves common interests and it is conducive to peace and stability of the world and the region.

A Chinese readout said this Friday on the exchanges between the two leaders on the sidelines of the BRICS (Brazil, Russia, India, China, South Africa) summit in Johannesburg.

Separately, Indian sources said there was a pending request from the Chinese side for a bilateral meeting. The two leaders, however, had an informal conversation in the leaders’ lounge during the BRICS summit, they said.

India’s Foreign Secretary Vinay Kwatra on Thursday said Prime Minister Modi conveyed to President Xi Jinping India’s concerns on the ”unresolved” issues along the Line of Actual Control (LAC) in eastern Ladakh, underlining that maintenance of peace and tranquillity in border areas was essential for normalisation of India-China ties.

The Chinese readout described the conversation between the two leaders on Wednesday as ”candid and in-depth” ”On August 23, President Xi Jinping and Indian Prime Minister Narendra Modi had a candid and in-depth exchange of views on current China-India relations and other questions of shared interest on the sidelines of the BRICS Summit,” it said.

”President Xi stressed that improving China-India relations serves common interests of the two countries and peoples, and is also conducive to peace, stability and development of the world and the region,” it said.

”The two sides should bear in mind the overall interests of their bilateral relations and handle properly the border issue so as to jointly safeguard peace and tranquillity in the border region,” the statement released by the Chinese embassy in New Delhi said.

At a media briefing in Johannesburg on Thursday, Kwatra said Prime Minister Modi and President Xi agreed to direct their relevant officials to intensify efforts at ”expeditious disengagement and de-escalation”. ”On the sidelines of the BRICS summit, the prime minister had interactions with other BRICS leaders. In a conversation with President Xi Jinping of China, the prime minister highlighted India’s concerns on unresolved issues along the LAC in the Western Sector of the India-China border areas,” Kwatra said.

”The prime minister underlined that maintenance of peace and tranquillity in the border areas and observing and respecting the LAC are essential for the normalisation of the India-China relationship,” the foreign secretary said.

”In this regard, two leaders agreed to direct their relevant officials to intensify efforts at expeditious disengagement and deescalation,” Kwatra added.

The government refers to the eastern Ladakh region as the Western Sector. It was their first interaction in public after their brief encounter on the sidelines of the G20 Summit in Bali in November last year.

The two leaders met briefly at a formal dinner hosted by Indonesian President Joko Widodo on November 16.

The ties between India and China came under severe strain following the eastern Ladakh border row that began in May, 2020.

The Indian and Chinese troops are locked in an over three-year confrontation in certain friction points in eastern Ladakh even as the two sides completed disengagement from several areas following extensive diplomatic and military talks.

India has been consistently maintaining that peace and tranquillity along the LAC were key for normalisation of overall ties.

SC permits Delhi govt to amend plea to challenge law on services instead of Ordinance

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The Supreme Court on Friday permitted the Delhi government to amend its petition challenging the recently cleared law by Parliament pertaining to control over services in the national capital.

The top court took note of the submissions of senior advocate Abhishek Singhvi, appearing for the Delhi government, that earlier the challenge was directed against the Ordinance, which has now become law after clearance from Parliament.

A bench headed by Chief Justice D Y Chandrachud permitted the amendment to the petition as the Centre said it had no objection to it. The bench granted four weeks’ time to the Centre to file its response to the amended plea.

Parliament recently cleared the Government of the National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, paving the way for the Centre’s proposed legislation on the postings and transfers of bureaucrats in the national capital, despite a bitter debate in the House and the Opposition’s attempt to stop it. Prior to this, the challenge to the Ordinance over services was referred to a five-judge constitutional bench.

The law takes away control over services from the city dispensation and sets off a fresh tussle between the two power centres.

“No conflict that Ajit Pawar is our leader,” says NCP patron Sharad Pawar

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"No conflict that Ajit Pawar is our leader," says NCP patron Sharad Pawar 18

Over a month after Ajit Pawar split the Nationalist Congress Party (NCP) and joined the BJP camp, NCP party patron Sharad Pawar continues to maintain, in an attempt to say that there is no conflict between them and his nephew Ajit Pawar and he remains to be their leader. Sharad Pawar also denied a split in the party and said that a split happens when a major chunk of the party steps out at the national level.

“There is no conflict that he (Ajit Pawar) is our leader, there is no split in the NCP. How does a split happen in a party? It happens when a large group separates from the party at the national level. But there is no such situation in the NCP today. Yes, some leaders took a different stance, but this can’t be called a split. They can do so in a democracy,” said Sharad Pawar in Baramati on Friday.

Earlier, speaking during an event in Pune on August 20, the NCP supremo said that some of the party leaders who had switched sides and went with the Ajit Pawar faction of the NCP to join the Shiv Sena (Eknath Shinde)-BJP government were being probed by the Enforcement Directorate (ED).

Recently, some of our people joined the government, saying that they joined hands with the BJP on the issue of development. Some of them were under ED investigation. Some of them did not want to face investigation,” Sharad Pawar said. Lauding former Maharashtra Home Minister Anil Deshmukh, the NCP chief said, “Some like Anil Deshmukh accepted going to jail and spent 14 months there. He was also offered to join their side (BJP) to avoid investigation, but he said that he did not commit any crime and chose not to leave his ideology.”

Sharad Pawar also alleged that some of the NCP leaders joined hands with the BJP since they were threatened by the “agencies”. “Some of our associates joined the BJP under the pressure of investigations by agencies. They were told if you join us (the BJP), then nothing will happen in your cases, but if you don’t join, then you will be shown a different place (jail),” said Pawar.