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Yakub died leaving many questions behind

A series of questions are socializing in various spheres of law, which raise disturbing issues about how Yakub Memon’s last-ditch efforts to stay his execution were handled. Days after Yakub Abdul Razak Memon was sent to the gallows for his role in the 1993 Mumbai serial blasts, questions have been raised about the nature of the Supreme Court proceedings leading up to the execution, and the manner of disposal of his mercy plea by President Pranab Mukherjee hours before he was hanged. These incidents had caused unease in legal and judicial circles and refuse to die down.

The blast that has taken lives of 257 people within a few minutes and 700 people were injured. These dastardly acts, at the time of their commission, were unambiguously known to the perpetrators to be crimes under the laws of any nation and against humanity of all religions. The perpetrators did not take into their consideration the victims’ need to come to term with their lives, right to life, human rights, need to plan for their respective families, etc. apart from this the main culprits enjoying their life with neighbouring enemy country, but no government has any guts to get them back.

In the bargain even the unrelated Judges, except for their judicial role, are also attacked and threatened. The punishment is not tit for tat, but that is permitted under, and after due process of law. If the existing law needs change, then go for that. Anyway, there is no deadline for a President to decide on mercy petitions. I wonder, why the SC applies different yardsticks with respect to mercy petitions. That a Bench in an earlier well known case granted clemency to four persons who were sentenced to death observing that the President did not make up his mind even after 11 years. Let us not forget that the President alone has the authority to grant clemency. Moreover, people should now close the case of Yakub Memon’s execution as it is in the interest of the safety of the country and peaceful nation. The various circles of law and judiciary were not the victims of Memon’s bomb blasts to witness the tragedy. By keeping this issue alive, people are just supplying good and hybrid fodder to Pakistan to attack India verbally. Already, the SC Judge in Memon’s case received threats to his life inspite of heavy security. In this situation, there is no point in going against the execution ordered by SC and President of India.

The media house have recently raised questions on whether President Mukherjee rejected Memon’s mercy plea without proper application of the mind and in haste, considering the fact that there is no deadline for a President to decide mercy petitions. In the history of this country, has the President decided any clemency petitions eight hours before the execution? Again as a supplementary question, has the President given the Union Home Minister a personal hearing on a clemency plea?

Was the disclosure by B. Raman ever considered by the President before rejection of the mercy plea? Was the condemned man’s plea that he is schizophrenic considered by the President while deciding the mercy petition? It goes against the principles of natural justice to hang a sick man. Memon spent 21 years in jail. Did the President consider whether he was a reformed person? Was his conduct in jail considered? Under the theory of punishment, a reformed person should not be executed. Retribution should not be the sole reason to send a person to the gallows. Has a person who has spent 21 years of his life behind bars without a single parole, a “zero person”, been executed before in the history of this country? Was Memon worth hanging?

The lone death rows convict Yakub Memon, in the 1993 Mumbai Bomb Blast, was executed on July 30th. Nothing could stop him go. Tiger Memon, Dawood Ibrahim, Jawed Chikna, some of the principal accused, are all still absconding. The primary chargesheet in the case was filed in 1994 and in April 1995 the trial started. The prosecution presented more than 600 witnesses and it was in 2000 that the testimony of all of them was wrapped up. In September 2006 the court pronounced its judgement.

At the last moment, everyone made noise to save his life but this time judiciary was not very kind to him. Yakub died leaving many questions behind. Twenty two years, 600 witnesses and 100 guilty sentences later one hanged but can government ever get main culprits Dawood Ibrahim and Tiger Memon to India? Meanwhile, this case had seen many surprises and with lots of twist and turns. There are three types of people in our country, the one who has decided Yakub is innocent. Second category people are those who have decided Yakub should not be hanged and he is innocent without going in to details if really he has done wrong. Last category of people is those who are least bothered about pros of cons of such cases but confused with judiciary’s double standards.

Metro will become unaffordable for common man

Commuters likely to switch to alternate modes of transport like BEST buses and autorickshaws if the new metro fare hike is implemented.

MetroMumbaikars are unhappy with the Supreme Court ruling allowing Reliance Infrastructure led Mumbai Metro One Private Limited (MMOPL) to charge fares of Rs 10-110. Many of them are likely to switch to alternate modes of transport like BEST buses and autorickshaws. Metro was seen as an alternative to decongest the busy Andheri-Ghatkopar corridor which witnesses heavy traffic during peak hours. They also demanded that the government should intervene in this matter and make the Metro service affordable to the common man. MMRDA commissioner UPS Madan said, “The MMRDA will file a petition against the proposed fare hike in the Bombay High Court.”

The Supreme Court had formed a committee to look after the fare hike issue. The committee had proposed that the fares should be hiked to Rs 110 from Rs 40. The recommendations were made after considering the reports of four expert committees appointed by the central government earlier. The apex court has already given a nod for the fare hike. After the fare revision, commuters may have to shell out Rs10 each on every station, of approximately one-kilometre distance.

When AV spoke to Saurav Shukla, a Borivali resident who is a regular Metro commuter about the proposed fare hike he said, “If the increased fares comes into effect then only rich people can afford metro services and it won’t be able to recover its operational costs. We will have to switch to other modes of transport.”

Aarti a life insurance advisor said, “If the fares are revised then travelling in metro will become expensive as one will have to incur Rs 220 for a two way journey. How can common people shell out this kind of money? Ambani is playing with people’s emotions. People travelling from Dombivli and Kalyan board the metro from Ghatkopar to travel for Andheri everyday. Now they will have to pay Rs 140 to Rs 160.”

Subhir Rajan said, “Nothing surprising from Ambani controlled Metro. Learn from Delhi Metro. Why haven’t they increased ticket rates?”

“The common man won’t be able to travel in metro if the new fares are implemented. Hence the authorities should rethink about their decision to hike fares” Sushil Singh, a Kandivali resident.

“People should come together to protest against the fare hike. The MMOPL can’t cause inconvenience to the common man by increasing ticket rates” said Sudeep Shah.

“After the proposed fare hike questions are being raised whether metro and mono rail services will benefit the common man? How will the common man travel in metro if fares hike is implemented on a regular basis?” Shruti Nadkarni, a Borivali resident.

“The metro has managed to make profits after it became operational. The officials should rethink about the fare hike” said Ritesh Arya.

“The common man should stop travelling in metro for protesting against the fare hike. Thus metro too will go the mono rail which has become more of a joy ride for commuters instead of an alternative mode of transportation” said Vaibhav Chawla from Dahisar.

“Reliance is only taking the common man for a ride by revising fares. The government must intervene in this matter and ask the firm to reconsider the fare hike” said Subash Dhawne.

The Mumbai Metro One has decided to continue with the existing fares of Rs 10, 20, 30 and 40 on the 11.4 km Versova-Andheri-Ghatkopar corridor till end-October and has sought the Maharashtra government’s financial assistance in this regard.

BJP trying to replace Mahatma Gandhi’s ideology, alleges NCP

NCP-Rally-Kranti-DinA controversy erupted today with Chief Minister Devendra Fadnavis failing to visit the historic ‘August Kranti Maidan’ on the occasion of the ‘Kranti Din’ and instead attending a similar function at Nagpur, with the NCP accusing the BJP of trying to replace Mahatma Gandhi’s ideology with its own.

“Chief Ministers, irrespective of their political affiliations, have been visiting the August Kranti Maidan here to pay respect to those who lost their lives in the freedom movement started by Mahatma Gandhi. This time, the CM did not pay the visit,” NCP Mumbai Unit President Sachin Ahir said.

Ahir termed CM’s absence as “unfortunate” and accused the government of trying to replace Mahatma Gandhi’s ideology with its own.

“It is unfortunate. This only means they want to leave Gandhiji’s thoughts behind and bring their own ideology forward. Even Vajpayeeji had visited the Maidan on the 50th year,” he said.

Fadnavis, who was in Nagpur to unveil a martyrs’ memorial, hit back at the opposition saying they are trading ‘baseless’ charges against him.

“I am in Nagpur today and busy inaugurating a new ‘Shaheed Smarak’ to commemorate the Kranti Divas. Opposition’s claims are untrue and devoid of facts. They have no other constructive work to do, and hence, are indulging in baseless allegations,” Fadnavis told PTI.

Meanwhile, Congress leader Sanjay Nirupam demanded that both the Centre and the state government should come forward and build a world class museum at the August Kranti Maidan, depicting the journey of the Indian freedom movement.

“Gowalia Tank ground is a historic ground where 73 years back Quit India Movement began. There is no museum in India that depicts a comprehensive journey of our 90 years struggle. Thus, we should set up a world class museum here. Congress will soon start a campaign in this regard,” he said.

He also alleged that Communists, RSS, and the Hindu Mahasabha had opposed the Quit India movement then.

Radhe Maa to get summons soon in dowry case: Police

RadheMumbai police would soon issue summons to self-styled ‘godwoman’ Radhe Maa for recording her statement in connection with a dowry harassment case, a top police officer said.

“Radhe Maa, who was out of Mumbai for the last few days, returned to the city on Sunday. We will first issue summons to her, after which her statement will be recorded,” DCP (Detection) Dhananjay Kulkarni said.

According to police, a 32-year-old woman has accused the controversial ‘godwoman’ of instigating her in-laws, who are her followers for many years, to demand dowry from her.

“Police has so far issued summons to six persons, including the in-laws of the complainant. However, summons had not been served on Radhe Maa, who the seventh accused in the case,” Mukund Pawar, senior inspector of Kandivali police station said.

“The family (complainants) would go to her as devotees. The complainant lady has said that as per what Guru Ma says our house functions and Sukhwinder Kaur instigates them. That is what she alleges,” said Mukund Pawar, senior police inspector of Kandivali Police station.

The summons were issued after police registered an FIR against Radhe and others last week, including the in-laws of the woman who has accused them of “mental and physical harassment for dowry”.

According to police, the statement of all the six accused will be recorded from tomorrow.

“So far, police has tried to gather evidence and other material substantiating the allegations of the complainant,” Pawar said adding that these evidence were collected by enquiring with the neighbours, relatives and friends of the complainant as well as of those of the accused.

All the seven accused have been booked under relevant sections of the IPC and Dowry Prohibition Act, police said.

Radhe Maa says the allegations are untrue and claims to be ‘pure and pious’. She says she hugs all her devotees to reciprocate the love she is showered with.

Reports of Uddhav-Raj secret meeting false: Sanjay Raut

Sanjay-RautA day after a local news channel reported that Shiv Sena President Uddhav Thackeray and his estranged brother and MNS chief Raj Thackeray met secretly, party MP Sanjay Raut on Sunday termed the reports as “false” and said rumours are being floated to create political stir.

Quoting the Sena President, Raut in a release said, “Rumours are being made that the Sena and the MNS Presidents met for a political discussion on Friday. False information is being spread to create confusion. No such meeting has taken place between the two leaders.”

Further quoting Thackeray, he said the Shiv Sena is an independent and a powerful political party and does not believe in holding secret meetings.

“Some people make rumours into news stories when there are no political events happening,” he said.

A private news channel had yesterday claimed that both the leaders had met at a secret place to discuss the upcoming elections of Kalyan-Dombivli and Kolhapur Municipal Corporations.

Raut said the Sena will emerge victorious in the upcoming Municipal elections of Mumbai, Thane and Kalyan-Dombivali.

The elections are scheduled in October this year.

In Kolhapur, the BJP has decided to have a pre-poll alliance with Tara Rani Group, a local outfit. Thus, the Sena called off its alliance with its ally there.

It was then being assumed that the Sena and the MNS might come together to fight the municipal polls together.

A senior Sena leader, while elucidating the turn of events in the recent days, said Prime Minister Narendra Modi and Thackeray have got close to each other after Aditya (Uddhav’s son) met the PM at his residence.

“After PM’s meeting, Modi ji called Uddhav ji and cleared the air. They have gotten close since then. Uddhav ji at this stage will not go towards the MNS and thereby sideline the BJP once again,” the Sena leader, requesting anonymity, said.

Cement factory worker killed

A 27-year-old man was killed allegedly by some unknown persons who then dumped the body in the residential quarters of a factory where he worked.

Jaheed Khan, who worked in a cement material manufacturing unit at Revati village on Bhiwandi Wada road near Ambadi in the district, was stabbed to death apparently between August 6 and 7, Assistant Police Inspector G K Matondkar of Ganeshpuri police station said.

The body was found in the residential quarters of the cement unit, he said.

Based on a complaint filed by the factory owner, a case was registered under section 302 (punishment for murder) of IPC, he said, adding that search for the killers was on.

Minor boy killed as van falls on him

A 12-year-old boy was today crushed to death when a towing van plying on the Mumbra bypass fell on him, police said.

The incident occurred this afternoon, when Sharukh, a resident of Amrut Nagar of Mumbra township, was returning home from an outing with friends on a bike, a Mumbra police official said.

A towing van, which was on its way from Thane to Panvel and passing from the overhead Mumbra bypass, fell on his bike, killing him on the spot, he said.

A jeep plying close to the bike also got crushed in the incident. However, all its occupants escaped unhurt, he said.

The driver and occupants of the van managed to flee the scene after the mishap, he said.

The body has been sent for post-mortem, the official said, adding firemen were deployed to extricate the piled up vehicles.

A case has been registered under section 304 (punishment for culpable homicide not amounting to murder) of the IPC and further investigation is on, he said.

Ill-gotten assets of Rs. 2 cr found from arrested engineer: ACB

Anti-Corruption Bureau (ACB) today claimed to have unearthed allegedly ill-gotten assets worth around Rs. 2 crore from an arrested superintending engineer of the Thane Zilla Parishad after conducting a search at his house.

The search was carried out on Friday following the arrest of Sanjay Baviskar, the superintending engineer of Rural Water Supply Scheme at ZP, for allegedly demanding and accepting bribe of Rs. 3500 from a complainant for returning official favours, said ACB DYSP (Thane) Sanjay Mohite in an official release.

Baviskar was caught when he was allegedly accepting the amount from the complainant on the premises of the district collectorate, he said.

According to ACB, Baviskar and Junior Engineer P S Bhoir had sought illegal gratification from the complainant for according a technical sanction to the seven schemes of the complainant under the ‘Thakkar Bappa Programme’ for rural water supply scheme of the ZP.

Following Baviskar’s arrest, ACB sleuths carried out a search at his house and have unearthed ill-gotten assets worth around Rs. 2 crore, the release said.

ACB said it has found Rs. 19 lakh in cash, fixed deposits in various banks totalling Rs. 1.04 crore, documents of a row house worth Rs. 40 lakh and various articles in the house valued at Rs. 22.65 lakh.

Baviskar was booked under various sections of Prevention of Corruption Act, 1988 and a case has been registered. A local court has remanded him in police custody till August 10.

Builders’ body urges government to cut policy rates

A national body of engineering construction contractors today urged Maharashtra government to cut rates in the monetary policy for the healthy growth of infrastructure and construction industry.

“We are disappointed over the monetary policy review announced last week as no corrective action had been taken to improve the fund position of infrastructure and construction industry, despite the inflation remaining under control. We urged the government to cut rates for the growth of the industry,” Builders Association of India (BAI) spokesperson Anand Gupta said in a statement.

BAI is a national apex body of engineering construction contractors and real estate companies with more than 15,000 business entities.

BAI was expecting a reduction in the repo rate for bringing down cost of the money for all the infrastructure projects and real estate projects. It was also expecting reduction in the CRR so as to have more money available in the market as presently there was a tremendous liquidity crunch in the market, particularly to the infrastructure projects and real estate projects, Gupta said.

“It is a matter of great concern for the industry that the policy does not include a special restructuring policy for infrastructure projects and its exclusion would adversely impact the number of players for taking up infrastructure projects thereby severely hampering the country’s desired economic growth,” he said.

Gupta added a special consideration for restructuring all infrastructure loans needs to be considered for better cash flow and implementation of projects.

He said that in order to achieve housing for all by 2022, interest rate of home loan should be brought down substantially by reducing repo rate and reversing repo rate.

HC sentences man to life term for murder

The Bombay High Court has convicted and awarded life imprisonment to a 22-year-old man for murder after setting aside the verdict of a trial court which had acquitted him of the charge.

Observing that the trial court got itself swayed by some insignificant aspect to disbelieve the prosecution’s case, the high court said the case has been proved beyond reasonable doubt.

“The approach adopted by the trial court in acquitting the respondent, therefore, is not a possible or reasonable view of the matter. It is perverse in the sense that evidence which is required to be given proper weightage is ignored and undue significance is given to insignificant matter”, observed justices Vijaya Tahilramani and Shalini Phansalkar-Joshi.

“In the ultimate analysis, therefore, on re-appreciation of entire evidence on record, we have no hesitation in holding that the prosecution has succeeded in proving its case against the respondent beyond reasonable doubt,” the Judges remarked in their judgement on August 3.

Setting aside the trial court’s verdict, the judges convicted Surendra Ramchandra Mestri, a resident of Sawantwadi in Sindhudurg district of Maharashtra, on the charge of murdering his neighbour Dilip and awarded him life imprisonment. The HC also imposed on him fine of Rs 5000 and asked him to surrender before the authorities within six weeks.

Mestri was accused of stabbing to death Dilip for allegedly misbehaving with the former’s close relative. The incident had occurred in the courtyard of Dilip’s house two years ago.

The trial court had disbelieved the version of the victim’s grandmother who had witnessed the fatal assault on Dilip by Mestry, in view of her old age.

However, the HC ruled that the grandmother’s evidence that she had witnessed the actual assault cannot be disbelieved or brushed aside merely on the ground of her advanced age.

“The prosecution has also succeeded, in this case, in proving the motive or the cause of the incident,” the judges noted while hearing the appeal filed by the prosecution challenging the acquittal of Mestry.