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Bombay HC lifts ban on Maggi, orders fresh test in 3 labs

MaggiIn a major relief to Maggi noodles manufacturer Nestle India Ltd, the Bombay High Court on Thursday quashed the orders of the Indian food regulators banning the nine variants of noodles in the country after observing that principles of natural justice were not followed.

A division bench of the high court allowed Nestle to go in for fresh testing by sending five samples of each variant of noodles to three independent laboratories in Punjab, Hyderabad and Jaipur which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL).

These samples would be taken out of the 750 samples preserved by the company following the ban. A huge stock of Maggi noodles was destroyed by Nestle after the ban was imposed by the food regulators.

If the lead content is found below permissible limits by these three labs, Nestle, the Indian arm of Swiss company, will be allowed to manufacture Maggi noodles, Justices V M Kanade and B P Colabawala said.

The labs have been asked to submit their report within six weeks.

While quashing the orders of the food regulators, namely Food Safety Standards Authority of India (FSSAI) and Maharashtra’s Food and Drugs Department (FDA), the court said that principles of natural justice were not followed because the manufacturer was not given a hearing.

Moreover, the laboratories, where tests were performed to determine lead content in Maggi, were not authorised, the court observed.

The judges refused to grant stay on their order on a plea made by food regulators. They said the company had given an undertaking that it would not manufacture or sell Maggi noodles till the results of the three labs were received.

“The fresh tests would also take some time. Hence, there was no need to grant a stay on the order,” the judges said.

The HC held that the petitions filed by Nestle challenging the nation-wide ban on Maggi noodles was maintainable and that it (the high court) had the jurisdiction to hear it under powers derived by it under Article 226 of the Constitution.

FSSAI and FDA had earlier banned Maggi noodles saying the samples of noodles tested by them contained ‘lead beyond permissible limit’.

Nestle had argued that its product did not contain ‘lead’ in excess of permissible ceiling and challenged the tests by FSSAI and FDA, while the food regulators had said that the lead content in the noodles detected during the tests in reputed laboratories was harmful to public health.

FSSAI had issued the order banning Maggi noodles on June 5, this year while FDA had issued similar order the next day.

During a previous hearing in the court, Justices Kanade and Colabawala had asked both the sides to give their consent for fresh independent test.
However, the parties could not arrive at a consensus to the suggestion mooted by the HC which today ordered fresh tests.

Nestle’s lawyer Iqbal Chhagla had earlier said the company was agreeable to the suggestion, but the tests should be conducted in the presence of a renowned scientist and the samples available with the company should be used.

Darius Khambata, appearing for FDA, had contended that one of the samples must be from the lot collected by the state FDA.

“For us, consumer interest is most important…This litigation may go on but we feel that the issue should be resolved amicably and, therefore we suggested the parties to agree to a fresh independent test,” the bench observed.

The Nestle lawyer alleged that FSSAI and FDA had violated followed principles of natural justice by not giving a hearing to the company before banning nine variants of Maggi noodles on the ground of lead content in these products were in excess of the permissible limit.

Also, though only three variants were tested, the regulators banned all nine variants of Maggi noodles, Chhagla had argued.

He had said there was no substance in FSSAI’s allegation about the company destroying evidence by burning Maggi stock.

“On the contrary, we have acted on the instructions of the food regulators by destroying Maggi product,” he said.

Pankaja Munde explains why the man carried her slippers

PankajaMaharashtra’s Rural Development Minister Pankaja Munde, who is in spot after a member of her staff was seen carrying her slippers, on Thursday clarified that the man was a member of her personal staff and not a government employee.

A controversy was erupted after a member of her staff was seen carrying her slippers during her recent tour of drought-affected regions in the state.

Opposition Congress took the opportunity to take a swipe at Munde, saying it showed her “high-handed attitude”.

Munde, however, defended herself, saying that the man was in her personal employment and not a government servant.

During her visit to Sonpeth in Parbhani district, Munde took her chappals (slippers) off seeing a muddy road ahead.

While she walked bare-feet, a man picked up her chappals which the newschannels showed.

“The media sees that I removed my chappals and somebody carried them. But did the media see the problems I had to endure while walking bare-feet? On seeing a muddy road I simply removed my chappals and continued walking. I wasn’t even aware that somebody has picked up my chappals. I learnt that later,” said Munde.

“And that person was my private employee and not government servant. The real news is the drought and the condition of farmers,” she said.

Congress spokesperson Al-Nasser Zakaria said the incident belied Munde’s claim that she was sensitive to the plight of poor.

“Her attitude shows the government in bad light. This only shows her high-handedness and being completely oblivious to the rights of people…What good will she do for a poor farmer when she makes a poor person carry her slippers? All her claims of serving the poor have fallen flat,” Zakaria said.

Opposition to Purandare not NCP’s view, says Ajit Pawar

Senior NCP leader Ajit Pawar said the opposition expressed by party leader Jitendra Awhad over Maharastra government’s decision to confer state’s highest award to historian Babasaheb Purandare, saying it was his “personal view” and should not be construed as the official stance of the party.

“What Awhad has said is his personal view and not that of the party,” Pawar said, when his attention was drawn to Awhad objecting to Maharashtra government selecting Purandare for the state government’s highest award, the Maharashtra Bhushan.

“The state government has the full authority to select any person it deems fit for the award,” Pawar added.

Police last month booked Awhad, NCP MLA, for allegedly disturbing communal harmony through his provocative speech at a function organised in Sangli by Sambhaji Brigade to demand cancellation of Maharashtra Bhushan award to Purandare.

Meanwhile, senior Congress leader Digvijay Singh had last month opposed the BJP-led state government’s decision to confer the prestigious award to the 92-year-old historian and said that it is “an insult to the nation”.

“Awarding Purandare, who distorted the history of Shivaji Maharaj, with the title of Maharashtra Bhushan is an insult to the nation,” the Congress leader had said.

“Distorting history is RSS agenda and I strongly condemn their attack on Jitendra Awhad, who is a relentless fighter against communal forces,” he had added.

Meanwhile, Jnanpeeth award winner Bhalchandra Nemade said “there is no cause to object to the Maharashtra Bhushan as the award is not that important.”

Nemade also said there was no need for literary meets as nothing is achieved through them.

Mungantiwar releases booklet ‘Birds of Thane Creek’

Maharashtra Forest Minister Sudhir Mungantiwar released a booklet titled ‘Birds of Thane Creek’ by Sunjoy Monga in order to showcase the diversity of birds in the area.

This booklet, penned by nature photographer Monga, is the first ever documentation of bird species of the area.

It has been published by the Mangrove Cell under the Central government’s Indo-German GIZ Project on Coastal and Marine Protected Areas (CMPA).

“I hope that this book would be cherished by wildlife enthusiasts, students and tourists visiting Thane Creek.

Forest Department would facilitate the visit of nature enthusiasts to Thane Creek, which is a natural wonder in an urban setting,” Mungantiwar said.

Recently, the Maharashtra government declared a Thane Creek, situated on 1,690 acres as a ‘Flamingo Sanctuary’.

As many as 200 species of birds, many of which are exclusively found in the aquatic environment, constitute the bird diversity of Thane Creek.

Apart from greater and lesser flamingos, which are spotted here, there are various species of waders, raptors, sand pipers, gulls and terns found here as well.

Bulk of the aquatic avian fauna comprises of the waders, whose lives revolve around water and many of these birds are migratory.

Extortionist attacks shopkeeper with sword, four held

In a brazen attempt at extortion, a physically-challenged shopkeeper was attacked with a sword in suburban Chembur in Mumbai by an assailant, said to be part of a gang of drug addicts who go around and demand cash from shop owners by intimidating them.

The 36-year-old shop owner was saved by a customer present at the shop who managed to overpower the sword-wielding assailant, leading to the arrest of four persons, police said.

The assailant — Akram Sheikh (28) — barged into the shop of Rajnish Thakur at P L Lokhande Marg in Chembur on Tuesday evening and attacked him with a sword, Tilak Nagar police station’s senior inspector Bhagwat Sonawane said.

The accused is part of a gang of drug addicts involved in extorting money from shopkeepers, he added

The incident was captured on the CCTV camera installed in the shop with the help of which police traced and nabbed four members of the gang, who were later remanded in police custody by a local court, the police officer said.

Search is on for two more persons in connection with the incident.

Meanwhile, the shopkeeper has been admitted to a hospital, police said.

According to Thakur’s brother Manish, a group of drug addicts had been allegedly trying to extort Rs 1,500-2,000 every month from the 200 odd shops in the Chembur area by threatening to damage their set-up if the money was not given.

“My brother and I had distributed pamphlets and put up small posters outside shops in Chembur so that the shopkeepers refuse to pay the extortion money,” he claimed.

“In last one-and-a-half months, we had informed police thrice about threats for extortion from junkies in the area. But, neither preventive nor any other appropriate action was taken,” he alleged.

“Few days back, my brother and I had taken a group of shopkeepers to DCP (Zone VI) and informed him about the constant threats. The DCP had instructed the police personnel concerned to take action against the culprits,” he said.

“However, no action was taken by the police. We are the cops waiting for such an untoward incident or someone to die for taking action against the hooligans?” he asked.

DCP (Zone VI) Sangram Singh Nishandar was unavailable for comments in this regard.

AAP to hold mega rally in Mumbai on Aug 15

In a bid to mobilise its cadre and reach out to the masses, the Aam Aadmi Party will organise a mega rally in Mumbai on August 15 as a part of its ‘Jan Samwad Abhiyan’.

The rally will be led by party’s national executive members Mayank Gandhi and Subhash Ware.

Terming it as an outreach programme towards voters in urban Maharashtra, Gandhi said, “Our volunteers across Maharashtra have been silently working towards building our organisation and strengthening it at the grassroots.”

“Political parties have been taking the people for granted as is evident with absolutely no discussion in the monsoon session of the Legislative Assembly on the issue of rampant corruption as well as farmers’ suicides,” he said.

The party cadres have been busy preparing for the event and attempts are being made to mobilise volunteers in full strength from 15 districts of the Mumbai Metropolitan Region (MMR), a leader said.

AAP aims to project ‘Jan Samwad Abhiyan’ as the largest “public problem solving” initiative of its kind, which Gandhi claimed has received huge and unprecedented support from the masses in Mumbai.

Further claiming that Mumbaikars have begun to “seriously consider AAP as a political alternative” and a contender to deliver on its promise of good governance, he said, “Despite Mumbai’s massive budgets for BMC and other public services, Mumbaikars receive pathetic treatment from the government authorities, no matter which established party is in power.”

“There is absolutely no link in the taxes paid by the people and the quality of services delivered by the government,” he noted.

Ware, who is the convener of the state party unit, said Mumbai has always provided leadership, whether it was the freedom struggle or the ‘Samyukta Maharashtra’ movement and what can be a better place than the city to unveil AAP’s future plans for the state.

The rally would begin from Borivali at around noon on Saturday to reach Sion Circle at 4 PM from where volunteers will march to the historic Shivaji Park where Gandhi and Ware will address the volunteers.

High Court asks BJP leader to publish appeals not to put up illegal hoardings

Warning political parties of contempt action, the Bombay High Court on Thursday directed BJP leader Ashish Shelar to publish appeals to party members in leading newspapers to not put up illegal hoardings across the metropolis.

A division bench of Justices A S Oka and Revati Mohite Dere had on March 12 issued show cause notice to Shelar, Maharashtra Navnirman Sena (MNS) Chief Raj Thackeray and party leader Bala Nandgaonkar, BJP’s Mukund Kulkarni and NCP’s Shivaji Ghajre.

Shelar on Thursday filed an affidavit informing the court that he has issued a circular to all the party workers asking them to not display any hoardings, posters and banners without permission from the competent authority.

“On March 14, BJP issued a public appeal in two newspapers informing all the party workers about the circular and also the high court order prohibiting display of illegal hoardings, banners and posters,” he submitted.

The court was, however, not satisfied with this and said, “How much publication does these two newspapers have? The appeal should be published in leading newspapers with wider circulation. Publish the appeal in two leading newspapers from English, Marathi, Hindi and Gujarati.”

Raj Thackeray and Bala Nandgaonkar’s lawyer on Thursday informed the court that they were still inspecting the photographs submitted by the petitioner Bhagwanji Rayani and sought time to file affidavit.

The court has now posted the petition for hearing on September 11.

In September last year, the court had directed a crackdown. It subsequently sought the response of political parties. BJP, MNS and NCP came forward and undertook not to allow or encourage party workers to put up illegal hoardings and banners, to cooperate and not cause obstruction in their removal.

Twist in ‘moral policing’ case; Madh island residents back police action

Coming out in support of police action in the ‘moral policing’ episode at Madh island here, residents of the area Thursday threatened to ‘gherao’ the residence of Maharashtra Chief Minister Devendra Fadnavis if senior police officers who led the raids were transferred.

“We will hold a protest, as part of which we will gherao the chief minister’s residence,” said Naresh Jadhav, a resident of Madh village in north Mumbai’s suburb Malad.

“The villagers, who are relieved that their womenfolk are now safe from prying eyes after the police action, are pained to read reports condemning the so called ‘moral policing’,” said Jadhav.

“Police supported us and we will support them if any action is taken against policemen for doing their duty,” he said.

Rakesh Rajput, a resident of Dongarpada village in the area where the raids were conducted, said the villagers had been writing to police for last five years to take action to end the prostitution which was rampant in hotels, lodges and cottages in the area.

“Before the police action, our women had to go with bowed heads. Now they can walk freely. We can’t thank the police enough,” Rajput said.

Jadhav said the hotel lobby in the area was behind the ‘moral policing’ campaign as their business was affected due to the raids.

Jadhav lauded the police officers for their “timely intervention” in stopping the menace of prostitution in the area.

Mumbai Police Commissioner Rakesh Maria had on Sunday ordered an inquiry into the raids in city’s Madh Island and Aksa area on August 6 in which 13 couples and 35 other people were rounded up, drawing severe flak from public.

“What police did was praiseworthy. They have got rid of the menace of prostitution in the area through their action,” Kansari Mata Adivasi Samaj Seva Sangh president Renuka Dive told PTI.

The Sangh is an organisation comprising residents of Madh and adjoining areas and its members are mostly tribals.

“In fact, we had written to Malwani police station under whose jurisdiction the area falls, to take immediate action, and warned of an agitation if no action was taken,” she said.

“The villagers had pointed out to police that prostitution was rampant in the area, in collusion with autorickshaw drivers, and owners of several lodges and cottages there.

“We had also brought to their attention vehicle numbers of autos and other vehicles which were used to bring pleasure seekers to the lodges and cottages. We also told police that incidents of eve-teasing had gone up as a result of this prostitution racket which the police busted,” Dive said.

A top police official told PTI that even Congress MLA from the area Aslam Shaikh had a few months back asked police to act against such cases.

Residents of Dongarpada, Aksa village and Dharvali village in the Madh island area had complained to police about the illegal activities taking place in the cottages there, the official said.

Some of the women arrested by police after the recent raid had confessed that they were part of a prostitution racket which operated in several other parts of Mumbai, including Worli, the official said.

Pakistan NSA Sartaj Aziz to arrive in India for talks on August 23

Sartaj-AzizPakistan Prime Minister Nawaz Sharif’s Advisor on National Security and Foreign Affairs Sartaj Aziz on Thursday confirmed that he would travel to India on August 23 for first-ever NSA-level talks with his Indian counterpart Ajit Doval.

“I can confirm I will be going to India on August 23,” the Dawn quoted him as saying at a press conference.

Aziz said the decision was taken after consultations.

Officials said that the decision to attend the meeting was taken after the final nod by PM Sharif who returned last night from his three-day visit to Belarus.

India abruptly suspended high level diplomatic talks with Pakistan in August last year after the Pakistani envoy in New Delhi met Kashmiri separatist leaders.

The talks, known as the “Composite Dialogue”, were also stopped by India following the 2008 Mumbai terror attack.

“Although the security talks are not the revival of the Composite Dialogue, the meeting would be ‘ice-breaking’ as we will hold discussions on some important issues,” Aziz said.

“Prime Minister Nawaz Sharif believes that dialogue is the only option to peacefully resolve issues,” he added.

India had proposed August 23 and 24 dates for the National Security Advisor (NSA)-level talks between the two countries during the July 10 talks in Ufa, Russia, between Prime Minister Narendra Modi and his Pakistani counterpart Nawaz Sharif.

At that time, both sides had agreed to jointly cooperate to eliminate terrorism and that both their NSAs would meet shortly in Delhi to discuss issues connected to terrorism.

However, continuous ceasefire violations across the border and a terror attack in Punjab last month had put a question mark on the fate of the talks.

The nabbing of a Pakistani terrorist — the second man after Ajmal Kasab, who was caught alive during the 2008 terror attack on Mumbai – also raised doubts whether Pakistan was serious in taking peace talks forward.

The young terrorist hails from Gujranwala in Pakistan and was linked to the Lashkar-e-Toiba (LeT).

Earlier, the two countries had exchanged a war of words over a “spy” drone which Pakistan alleged was being used by India for aerial photography near the Line of Control, a claim dismissed by New Delhi.

Last week, Aziz had said that Pakistan wants a constructive, sustained, unconditional and result-oriented dialogue with India on all issues of mutual concern including the core issue of Kashmir.

Gujarat MLA seeks action against Radhe Maa in mass suicide case

At a time when Mumbai Police has booked Sukhvider Kaur alias Radhe Maa in a dowry case, BJP MLA from Anjar wrote to the minister of state for home of Gujarat seeking action against the self-proclaimed godwoman in connection with a mass suicide case in Kutch last year.

Ahir, who is also parliamentary secretary for Kutch district, in his letter to MoS for home Rajnikant Patel on Wednesday said that the suicide en mass by seven members of a single family in Ningal village of Anjar taluka had affected public sentiment in his constituency.

He further wrote that he informed home department and director general of police (DGP) but whereabouts of Radhe Maa were not known at that time and therefore action could not be taken against her.

“But presently, a number of complaints have been filed against Radhe Maa and Mumbai police are investigating them. A complaint has been submitted to Mumbai police commissioner in respect with the above mentioned case (of mass suicide). It is my recommendation to you to ensure that the Ahir family of Ningal get justice and that action is taken against Radhe Maa who is promoting blind faith in the garb of religion,” Ahir wrote in his letter.