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 ‘NO SHERIFF’ in Mumbai

MummbaiEx-Sheriff Indu Shahani has been holding on to the post as no other person has been nominated for this position. BJP Mumbai President Ashish Shelar has demanded that the state government should appoint a Sheriff within three months in March. On the other hand, legislators questioned the need of having a Sheriff for the city which only means incurring additional expenditure. The Sheriff of Mumbai is an apolitical titular position of authority bestowed for one year on a prominent citizen of Mumbai.

AshishAshish Shelar, BJP Mumbai President “I am unaware if the government is facing any difficulty to appoint the Sheriff of Mumbai. If any hurdles exist then the government should overcome it. I will once again put forward my demand for the appointment of a new Sheriff for the city.”

“The government is facing financial crunch hence it should scrap the post of Sheriff. Moreover the Sheriff does not have any executive powers,” said Jagannathrao Hegde, Former Sheriff of Mumbai.

Shaina NC“This is an emotional issue to me, as my father Nana (Chudasama), a former Mumbai Sheriff, was probably one of the most respected Sheriff Mumbai had. He actually showed that a person appointed for this post can do more work. The state government should decide on when and how to fill the vacant post. I am sure that when there is a suitable candidate the government will appoint him. There has to be a candidate who can meet the benchmark set by former sheriffs Mumbai had,” said Shaina NC, BJP spokesperson.

Earlier the state government issued a GR (government resolution) during former chief minister Ashok Chavan’s tenure, enabling the Sheriff to continue in the post even after a year if a new appointment is not made before the person’s tenure comes to an end. Mumbai is the only Indian city after Kolkata to continue with the British-era position. The sheriff is an officer of the high court and ranks just below the mayor, but does not have independent executive powers.

The rules and duties of a Sheriff have been mentioned in chapter 28 of the Bombay High Court which also provides for the post of Deputy Sheriff in case of the Sheriff not being able to discharge the duties for some reasons. As per the High Court rules the Sheriff is a nominal head of the High Court department that carries out orders of the High Court summoning people, attaching or sealing properties and if need be order for their auction. Besides this the Sheriff is also expected to receive foreign dignitaries and call for condolence meetings in the event of the demise of any prominent personality. The Sheriff has an office and staff but does not have executive powers of his own. The Sheriff office is in the High Court Building on the Ground Floor.

The first Sheriff of Mumbai was educationist Bhau Daji, in 1869. After Independence, Mahadeo L. Dahanukar was appointed as the Sheriff of Mumbai in 1948. Since then some of the prominent personalities appointed include – Dilip Kumar (1980), Dr B K Goyal (1981), Sunil Dutt (1982), Homi Sethna (1991), Sunil Gavaskar (1995) and Vijaypat Singhania (2006).

Court found them ‘guilty’, film portrays innocence

After the release of Meghna Gulzar’s movie ‘Talvar’, suddenly Talwar couple came again into national debate. The movie has beautifully explained the failure of investigating agencies and judicial lacunas. Talwars are in jail for no fault of theirs. More than seven years after Aarushi Talwar was found murdered in her Noida home, her grandfather BG Chitnis has broken his silence for the first time. The 80-year-old decorated war veteran of the Indian Air Force has written an open letter which was posted on the Facebook page Free The Talwars. The trial in the case led to a life sentence for Aarushi’s dentist parents – Rajesh Talwar and Nupur Talwar.

In his letter, Nupur Talwar’s father calls for his daughter and son-in-law’s right for a free and fair trial. A Grandfather’s Plea in an Open Letter, in that he described his pain and what he is feeling at this moment, he expressed his feeling for his granddaughter Aarushi. He wants his daughter to be freed and actual culprits to go behind the bars.

Aarushi Talwar was a 14-year-old student at the Delhi Public School. She was the daughter of a dentist couple, Dr. Rajesh Talwar and Dr. Nupur Talwar. The family lived in an apartment at Noida. Rajesh and Nupur practiced together at their clinics there. Yam Prasad Banjade, better known as Hemraj, was the Talwar family’s live-in domestic help and cook. His family lived in his native village in the Arghakhanchi district of Nepal. The days passed, with a boorish local police trying to investigate the murder in a disinterested manner culminating into the arrest of Rajesh, and subsequently infamous press briefing by IG Meerut causing unprecedented uproar in the media. The media became ferocious with speculative character assassination of Aarushi and her parents. The onslaught was severe. This bizarre circus continued throughout the trial culminating into an astounding judgement declaring Nupur and Rajesh guilty, and sentencing them to life imprisonment.

When Aarushi’s body was discovered on 16 May, the missing servant Hemraj was considered as the main suspect. However, the next day, his partially decomposed body was discovered on the terrace. The police were heavily criticized for failing to secure the crime scene immediately. After ruling out the family’s ex-servants, the police considered Aarushi’s parents—Dr. Rajesh Talwar and Nupur Talwar—as the prime suspects. The police suspected that Rajesh had murdered the two after finding them in an “objectionable” position or because Rajesh’s alleged extra-marital affair had led to his blackmail by Hemraj and a confrontation with Aarushi. The accusations enraged the Talwars’ family and friends, who accused the police of framing the Talwars in order to cover up the botched-up investigation. The case was then transferred to the CBI, which exonerated the parents and suspected the Talwars’ assistant Krishna along with two domestic servants—Rajkumar and Vijay. Based on the narco tests conducted on the three men, the CBI suspected that they had killed Aarushi after an attempted sexual assault and Hemraj for being a witness. The CBI was accused of using dubious methods to extract a confession, and all the three men were released after it could not find any solid evidence against them.

In 2009, the CBI handed over the investigation to a new team, which recommended closing the case due to critical gaps in the evidence. Based on circumstantial evidence, it named Rajesh Talwar as the sole suspect, but refused to charge him due to lack of any hard evidence. The parents opposed the closure, calling CBI’s suspicion on Rajesh as baseless. Subsequently, a court rejected the CBI’s claim that there was not enough evidence, and ordered proceedings against the Talwars.

Even though, the Central Bureau of Investigation or CBI wanted to file a closure report in the case, no one from the premier investigating agency has ever spoken about the fact that the CBI team which first handled the case had said that it wasn’t the Talwars but their servants who killed Aarushi. The second CBI team which took over went back to the theory presented by the Noida Police that the parents had committed the crime – Rajesh Talwar, on finding his daughter and their domestic help Hemraj together, flew into a rage and murdered them. Arun Kumar, the CBI officer who first handled the case, who is now with the Central Reserve Police Force, opened his mouth to media after watching Talvar movie. He agrees that the Film ‘Talvar’ is 80% accurate depiction of Aarushi murder case. It is very close to reality. The crux of the issue is portrayed very accurately in the movie.

The film portrays what is considered the loopholes in police investigation – the police “failed” to collect some critical evidence from the crime scene. Forensic samples were never collected and if they had been, then the case could have been solved very easily. Kumar believes that Talwars are innocent. Let see whether movie gives them justice or not, as they could reach to the 80 per cent of the fact which proves Talwars as innocent.

Unfazed by Shiv Sena threat, ex-Pak Minister Kasuri’s book launched

KasuriUnfazed by paint attack, former Pakistan foreign minister Khurshid Mahmood Kasuri’s book was launched in Mumbai on Monday hours after columnist Sudheendra Kulkarni, who organized the event, was attacked with black paint by Shiv Sena activists protesting the event.

Speaking on the occasion, Kulkarni said, “It is our duty to undo the mistakes of the past. We should not let any organisation mar the values of Mumbai.”

Calling for the need to normalise the bilateral ties, the former BJP ideologue said, “Mumbai stands for India-Pak dialogue for peace, this function in the face of threats is vouching for that.”

“Things are changing in Pakistan, people there too want peace,” he said.

Commenting on Mumbai’s never-say-die spirit, Kulkarni said, “We shall defend and safeguard the values that Mumbai has stood for; we will not let any organisation trample those values.”

It’s on record that Jinnah after creation of Pakistan said that he was so attached with Bombay that he wanted to come back, Kulkarni added while speaking at the function attended by Kasuri.

New history can only be created via dialogue, two governments must continue dialogue. Our function is in that direction, Kulkarni said.

The former aide of BJP veteran LK Advani also praised Kasuri, saying he is a Pakistani yet 10 years ago he told him that his entire family is a family of Indian patriots.

His father was arrested in the Quit India Movement, they were all Congress supporters, Kulkarni said.

Replying to Shiv Sena’s protest to the event, Kulkarni said, “We went to meet Uddhav Thackeray yesterday to make him understand why we are having this event.”

“The purpose of writing this book is to correct some misconceptions,” Kausri said while speaking on his turn.

“PM Modi made a promise of development, but we have to have peace. I hope the PM realises that (former PM) AB Vajpayee’s route was the right one,” said Kasuri.

Hours before the launch of Kasuri’s book, main organiser Sudheendra Kulkarni was attacked and his face blackened by Shiv Sena activists. The incident was widely condemned but the party said it would continue its protests against the visiting Pakistani leader.

The incident happened when Kulkarni was leaving his home in Sion in south-central Mumbai, when a group of around a dozen Sena activists accosted him.

They shouted slogans and asked him to cancel the event scheduled later Monday and then smeared him with black ink.

An ally in the state’s ruling coalition and at the Centre, the Shiv Sena has strongly opposed the function to launch Kasuri’s book “Neither a Hawk Nor a Dove: An Insider Account of Pakistan’s Foreign Policy”.

The party warned that it would not allow the event, while Maharashtra Chief Minister Devendra Fadnavis assured full support and security to the function organised by the Observer Research Foundation think tank.

A determined Kularni said: “The Shiv Sena has no authority to impose such a ban… We have taken a principled stand and will not cancel the event.”

Kasuri said he was “saddened and unhappy by this attack on Kulkarni whom I have known for many years” and condemned it. “…the right to protest must be peaceful and these people must change their tactics of protest,” he said at a hurriedly convened press conference here following the incident.

“I have come with a message of peace… An overwhelming majority of people in both countries want peace between the two countries… But, there are some who don’t want India-Pakistan peace,” he said.

Bharatiya Janata Party spokesperson Shaina NC said the incident would be probed and those responsible for it would be booked.

Gajendra Chauhan yet to attend FTII office: RTI revelation

Gajendra-ChauhanSeveral months since his controversial appointment as the FTII chairman, BJP member and television personality Gajendra Chauhan is yet to visit his office, a RTI query revealed on Monday.

There is a lack of clarity even on the actual date of appointment of Chauhan as the Film and Television Institute of India (FTII) chief, said Mumbai-based RTI activist Anil Galgali.

While the FTII list of appointments to the august post shows the date as March 4, 2014 to March 3, 2017, another date provided is June 9, 2015 on which he was actually appointed, Galgali said.

“Whichever may be the date of appointment, he has not yet visited the Pune FTII office to take charge or meet with the institute officials and students. Though the appointment has been made, the institution remains virtually headless and mired in avoidable controversies,” Galgali told IANS.

The situation was similar with other past chairpersons with former BJP union minister and actor Vinod Khanna, who held the position twice, attending it only two times, once in each term.

BJP MP Pawan Chopra, who had the shortest term of of three months, attended the FTII office only once and that too on the final day of his brief tenure.

However, Saeed Mirza, who was the chairman for three years, made it to the office 20 times. Girish Karnad in his one year term attended six times,

U.R. Ananthamurthy, who was appointed thrice, attended office 26 times in a period of eight years.

In the past 15 years, FTII has had nine persons holding the exalted position of one of the premier institutes of its kind in Asia, including eminent personalities like Shyam Benegal, Mrinal Sen and R.K. Laxman.

Galgali had also sought information about the educational qualifications and other eligibility details for the chairman’s position.

The students of the premier institute have been on strike for over 100 days, with four meeetings between them and officials of the information and broadcasting ministry being inconclusive.

The students are tentatively scheduled to meet Minister of State for Information and Broadcasting Rajyavardhan Singh Rathore in New Delhi on Tuesday.

Eknath Shinde, 22 others acquitted of rioting charges in 2006 case

Eknath-ShindeA court in Mumbai on Monday acquitted at least 23 Shiv Sainiks, including Thane Guardian Minister Eknath Shinde, Mayor Sanjay More and Kalyan party unit chief Gopal Landge who were tried for rioting in connection with a 2006 case. Thane Chief Judicial Magistrate RM Kulkarni acquitted all of them for lack of sufficient evidence.

A total of 24 Shiv Sainiks, including half a dozen women, were tried in the case of whom one Fatteh Bahadursingh died during pendency of trial.

The prosecution told the court that it was during the meeting of the TMT employees Union held at the Koli Samaj hall on September 3, 2006 that the alleged accused gate crashed into the hall, ran riot and damaged property besides attacking the inmates. They were tried under relevant sections of IPC.

Appearing on behalf of the accused, advocate Rajan Salunke, assisted by K D Jadhav and Archana Pawar, told the court that the accused were not at all involved in any offence as stated by the prosecution. There was no evidence to prove that they were present at the venue or involved in rioting and damage to property.

The court room was packed and Shiv Sainiks who gathered in huge numbers and greeted each other after the verdict.

Implement noise regulation rules & remove illegal pandals: HC

The Bombay High Court Monday directed all the municipal bodies in Maharashtra to remove illegal pandals that may come up on roads or footpaths during the forthcoming Navratri and Diwali festivals.

The court also asked the authorities to take action against noise pollution offenders during these festivals.

The bench of justices Abhay Oka and V L Achilya directed the civic bodies to file separate affidavits by November 21, detailing what steps they had taken to remove illegal pandals and book guilty for the noise pollution during the festivals.

It was hearing a bunch of PILs on the issue of illegal pandals set up across the state during dahi handi and Ganesh festivals with noise pollution rules allegedly flouted and inaction by the authorities.

In order to ensure compliance, the high court has posted the matter for further hearing on December 3.

On going through the affidavits filed by Brihanmumbai Municipal Corporation (BMC) and other civic bodies, the bench observed that there was complete failure on the part of the state to take action in terms of noise pollution rules in the just-concluded festivals, such as dahi handi and Ganeshotsav.

The judges observed that the revenue officers did not conduct a proper survey (of illegal pandals) and hence teams were not formed for this purpose. Therefore, the officers could not give their reports (about illegal pandals) to the municipal bodies and hence action was not taken against the guilty.

The bench also remarked that there was total failure on the part of state in implementing noise pollution rules.

The bench Monday cautioned civic bodies and the state to be vigilant during the forthcoming festivals and ensure that court orders are implemented strictly in regard to removal of illegal pandals and violation of noise pollution rules.

The judges asked the civic bodies to ensure that the orders of high court were taken to its logical end by strictly enforcing rules regarding pandals and noise pollution.

The court observed that the Municipal Commissioner of Mumbai had discretionary powers to grant permission for setting up pandals but if any illegality is found then such an organisation may be debarred by the civic body from putting up pandals in future.

The high court Monday dismissed a civic application regarding a pandal of Mumbadevi in South Mumbai, in which permission had been withdrawn by BMC because of alleged illegality involved.

The judges also said that earlier they had asked the civic bodies and the state to point out if any politician was using any kind of pressure to allow pandals on roads or footpaths. However, till date, the authorities have not given any name to suggest that pressure from ‘higher ups’ was used to commit the illegality.

The bench was informed last week by senior advocate Sanjeev Gorwadkar, appearing for one of the petitioners Mahesh Bedekar, that during the recently-held Ganesh and dahi handi festivals, several pandals had flouted noise pollution rules, but no action was taken against them by police and the civic body concerned.

Thereupon, the bench inquired from state government and BMC lawyers as to what action they proposed to take during the forthcoming Navratri festival this month and Diwali festival later.

Builder suicide case: CREDAI to shut work, admin ops today

Real estate developers body CREDAI has decided to close all its construction and administrative operations today as a mark of respect and solidarity to MCHI Thane President Suraj Parmar who allegedly committed suicide.

On October 7, Parmar, CMD of the Cosmos Group, “shot himself dead” as he was fed up of alleged harassment from various government departments and their repeated demands for bribes, the Confederation of Real Estate Developers’ Association of India (CREDAI) said in a statement.

“The fight against a corrupt and inefficient government system has led to the loss of our fellow developer. As a mark of respect and solidarity, all our member developers will protest with closure of offices, sites office, registration and all construction work on Tuesday,” it said.

CREDAI also said developers have to take around 54-60 approvals and permissions before starting a project and each approval necessitates dealing with a number of government authorities.

“This entire process takes about 2-3 years resulting in the projects suffering with cost overrun and avoidable delays to the consuming public. CREDAI has consistently sought rationalisation of approval processes and single-window system and the demand has been approved in principle by a number of committees. However, action is yet to be seen,” it said.

CREDAI and its over 10,000 members will also appeal to the state government to develop an atmosphere of trust that will enable a spirit of partnership, to ensure that that such episodes never recur and the ‘ease of doing business’ can become a reality, it added.

Recently, a delegation comprising BJP and Shiv Sena leaders and around 30 builders from Mumbai and neighbouring Thane district met Maharashtra Chief Minister Devendra Fadnavis demanding strict action against the guilty in connection with Parmar’s alleged suicide.

Dalit brothers thrashed for opposing remarks against BR Ambedkar

Three Dalit brothers were allegedly thrashed by a mob after they objected to their derogatory remarks against Dr BR Ambedkar in Virar area in early hours on Monday, police said.

Sagar Ingle (25), Jeet Ingle (30) and Chetan Ingle (22), sons of a RPI corporator in Vasai-Virar Municipal Corporation Pandurang Ingle, were beaten up with sticks and iron rods at the MD Nagar locality of Virar at around 12.30 am, police inspector SB Mane said.

As per initial investigation, Sagar was having a conversation with some of his friends and the discussion apparently veered towards the Dalit community. Some of those in the group, who were said to be in an inebriated state, started abusing the community and allegedly passed derogatory remarks against Ambedkar, Mane said.

When Sagar asked them to end the discussion, they thrashed him with iron rods and wooden sticks, he said.

Soon, a mob of around 30-40 people arrived on the scene and started beating Sagar. When his two brothers rushed to save him, they were also beaten up severely by the mob and their clothes were torn off, he said.

The trio, however, managed to run away from the scene and subsequently lodged a complaint with Virar police. They were later admitted to a local hospital.

Virar police have registered a case under sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 143 (unlawful assembly), 147 (rioting), 148 and 149 of the IPC and also under relevant sections of the SC/ST Atrocities Act.

No arrest has been made so far in this connection, Mande said.

ACB’s Mumbai unit launched probe in just 9 per cent complaints: RTI

Maharashtra Anti-Corruption Bureau’s Mumbai unit initiated probe merely into nine percent of complaints that it received during the last 45 months, according to an RTI reply.

ACB’s Mumbai region received 7,232 complaints from January 2012 to September 2015 mainly of disproportionate assets and graft charges against government servants.

But it ordered “open and discrete” inquiries in only 671 complaints. In 322 cases, the anti-corruption watchdog closed the probes without taking any action, RTI activist Jeetendra Ghadge said quoting the reply received from Additional Deputy Commissioner of Police ACB Rajan Bhogle.

Of the rest 349 cases, FIRs were filed only in seven cases while inquiries were pending in 299 cases, the reply mentioned.

Ghadge said only seven out of 7,232 cases that is a meagre 0.096 per cent complaints were converted into FIRs.

“Most certainly, during the course of trail, the accused would go scot free. This implies that either everyone is filing false complaints or there is absolutely no corruption in Mumbai,” he claimed.

Referring to Bombay High Court’s directives, he said the ACB is supposed to investigate every complaint it receives.

Refuting Ghatge’s charges, Bhogle said, “Whensoever we get any complaint, we go through it thoroughly. When a case does not pertain to graft or corruption, we forward it to the authorities concerned to take corrective measures”.

Congress lashes out at Shiv Sena, says it’s ‘Taliban hooliganism’

Congress leader Digvijay Singh on Monday slammed the Shiv Sena for smearing ink on the face of Sudheendra Kulkarni, chairman of Observer Research Foundation (ORF), who is organising former Pakistan foreign minister Khurshid Mahmud Kasuri’s book launch, saying that it was ‘Talibani hooliganism’ and that Uddhav Thackeray must control his ‘goons’.

“Strongly condemn most dastardly attack on Sudheendra Kulkarni by Shiv Sainiks. Udhav Thakre must control his goons. Full support to Sudheendra,” Singh tweeted.

The senior Congress leader asserted that such ‘intolerance’ in India can’t be tolerated.

“First Ghulam Ali concert and now Kasuri’s book launch. We don’t want a Desi Taliban in India,” he added.

Condemning the ink attack on Kulkarni, Singh said that Kasuri’s book launch must be held at all costs and all liberals who are against such ‘Talibani hooliganism’ must come out to support the event.

Shiv Sainiks had earlier smeared ink Kulkarni, as he refused to back down from organising Kasuri’s book launch in Mumbai.

“As soon as I stepped out of my house and got into my car, around 8-10 Shiv Sena workers attacked me and threw ink on my face,” said Kulkarni.

The Shiv Sena has been vehemently protesting against Kasuri’s book launch, saying it was an insult to the Indian soldiers who had died in the recent ceasefire violations by Pakistan, and had warned that there would be ‘repercussions’ if the event was not cancelled.