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Despite apology, Sahara’s Subrata Roy, 2 directors sent to Tihar jail till March 11

Subrata-Roy12It was a day of hectic and dramatic developments in the Supreme Court which heard the Sahara case on Wednesday. Subrata Roy along with two other company directors have been sent to judicial custody till the next date of hearing on March 11. The detention of the fourth respondent, Vandana Bhargava has not been ordered as she has been given a concession for being a woman Director.

The SC has asked the Sahara group to come up with a proposal to repay the money it owes to its investors.

The SC in its judgement said that Sahara maintained an “unreasonable stand throughout the proceedings before SEBI, SAT, High Court and even before this Court. Sufficient opportunities have been given to Sahara to fully comply with those orders and purge the contempt committed by them but, rather than availing of the same, they have adopted various dilatory tactics to delay the implementation of the orders of this Court.”

“Non-compliance of the orders passed by this Court shakes the very foundation of our judicial system and undermines the rule of law, which we are bound to honour and protect. This is essential to maintain faith and confidence of the people of this country in the judiciary. Documents and affidavits produced by the contemnors themselves would apparently falsify their refund theory and cast serious doubts about the existence of the so-called investors. All the fact finding authorities have opined that majority of investors do not exist,” the judgement said adding that the preservation of market integrity is extremely important for economic growth of the country and for national interest.

“Maintaining investors’ confidence requires market integrity and control of market abuse. Market abuse is a serious financial crime which undermines the very financial structure of this country and will make imbalance in wealth between haves and have nots,” the SC said.

Subrata Roy, who was called a thief and had black ink thrown on him by a lawyer from Gwalior while he was being taken to the court, will have to come up with a time bound proposal to repay Rs 19,000 crores. With the apex court already having confiscated large parts of Sahara land bank, new assets will also have to be offloaded.

There is a possibility that Sahara’s off shore investments like Groverhouse hotel in London and a hotel in New York could also come under the hammer.

It is to be seen whether the court’s observation will force the SEBI to examine the “30 truck load” of documents showing existence of depositors in Sahara’s companies.

The SC’s insistence on a cheque or Demand Draft to clear the dues could be the court’s way to tighten the screws on Sahara to ascertain whether the business empire is based on “genuine money”.

Earlier in the day, an emotional Roy folded hands and tendered an unconditional apology to the Supreme Court as he appeared in the court after ignoring summons for over two years. The SC in turn admonished him saying, “We respected you, you failed to respect us.”

Sahara proposed to sell off properties from Wednesday to make payments to SEBI and give bank guarantees within 3-4 months. The Supreme Court though, did not budge and rejected the proposal.

Appealing to the Supreme Court to keep in mind the sprawling Sahara business empire and the 12 lakh employees working in its various enterprises, Roy claimed in the court that he never had a blot on him in his 37-year-long career.

BJP woos MNS, Uddhav fumes

BJP-MNSIn order to avert the division of Marathi votes, former BJP Chief Nitin Gadkari had met Maharashtra Navnirman Sena Chief Raj Thackeray. The MNS had played spoilsport in the 2009 Lok Sabha election by splitting the anti-Congress votes which paved way for the Congress-NCP’s victory. Ever since Gadkari met Raj speculations are rife whether Raj will join the National Democratic Alliance (NDA)? The saffron party has been trying to woo the MNS to consolidate its vote bank. Gadkari, who is said to enjoy a good rapport with Raj Thackeray, met him at a suburban hotel in Mumbai and appealed him to abstain from contesting the Lok Sabha election to prevent the division of anti-Congress votes.

“I discussed with the MNS chief the ways to get rid of the Congress government. There is no reason for Uddhav Thackeray to be annoyed over my meeting Raj… I meet everybody including Congress people” Gadkari said.

Sources from BJP claimed that that party is worried that if the MNS contests the upcoming Lok Sabha election then it will affect the saffron party’s poll prospects. Hence the party is trying their best to lure the MNS. The MNS might ally with the BJP-led coalition for the Maharashtra state elections, due in October.

This is not the first instance when Nitin Gadkari has approached Raj Thackeray to join NDA. Earlier, Gadkari had attended the ground-breaking ceremony of Goda Park, which is said to be the dream project of Raj Thackeray, in Nashik where MNS is at helm with the support of BJP and convinced him to join an alliance with NDA.

On the other hand, Shiv Sena is unhappy with the Gadkari and Raj meeting as it would prove to be detrimental to the BJP-Sena alliance.

Shiv Sena spokesperson Sanjay Raut said, “There is no room for another party in the alliance. We had extended our hand when MNS had refused it. As an alliance, we are strong enough to defeat the Congress government. If senior leader from BJP meets Raj for forming an alliance then it will have an adverse affect on the Mahayuthi alliance.”

Moreover, even BJP party workers too were unhappy with Gadkari’s meeting with Raj Thackeray. The BJP’s Core Committee meeting was cancelled because sources claimed that Gopinath Munde is upset with Nitin Gadkari after he met Raj.

Home Minister RR Patil criticised Gadkari’s meeting with Raj. He asked if the MNS forms an alliance with NDA then what message will BJP send to the voters of Uttar Pradesh and Bihar who were targetted by the MNS over the Marathi Manoos issue.

NASEOH honours school children

NASEOHNational Society for Equal Opportunities for the Handicapped, India, and better known as NASEOH organized a function here to appreciate and recognize the efforts of school children for collecting and contributions to help NASEOH.

Well known television and stage actor Sooraj Thapar was the Chief Guest for the occasion and handed over various awards for students and schools from across Mumbai and Thane. Aneel Murarka, Managing Director, Mirachem Industries and Committee Member of NASEOH was the Guest of Honor of the function.

“Mr. Murarka has been supporting the center since last many years through his generous contributions and helping us organizing our activities,” said Mrs. Hansa B. Mehta, President, NASEOH in her address.

“It is our duty to give it back to the society when we earn through our business. It gives me immense satisfaction that I could do something for the cause of differently able people,” said Mr. Murarka.
“I am glad to know that Aneel is helping more than 35 colleges across Mumbai through his CSR activities and it is a very good gesture,” said Mr. Thapar.

This year’s contribution of schools from Mumbai and Thane crossed over Rs 11 Lakh. Incidentally, Mr. Murarka’s son, Master Sidhaant Murarka from Oberoi International School was crowned as ‘Collector Emperor’. Like father, like son! Way to Murarkas.

Farhan Azmi may take on Congress’ Milind Deora in South Mumbai

Farhan-milindFarhan Azmi, son of state Samajwadi Party (SP) chief Abu Asim Azmi, on Tuesday said he was in the reckoning to contest against sitting Congress MP and union minister Milind Deora from Mumbai South constituency in upcoming Lok Sabha polls.

Azmi said he wanted to take on Deora as he has “failed” youth while Shiv Sena candidate Arwind Sawant was a no match to the Congress leader.

“There should be someone who can take on Milind. In 2009, I was not ready to enter electoral politics. But, now I am in the process of conducting a survey about my electoral prospects. If I can win one lakh plus votes, I will enter the fray. I do not wish to be just a game spoiler,” he said.

In 2009 elections, Milind Deora, son of former minister and Congress heavyweight Murli Deora, had defeated Shiv Sena’s Mohan Rawale in the constituency.

AAP has already announced the candidature of former banker Meera Sanyal from the seat for forthcoming elections.

“I will be the party’s youth wing leader till 2015 after which I will hand over the charge to another person. I am in the process of restructuring the state unit and make it a force to reckon with,” Azmi said.

SP has already announced the candidatures of Kamlesh Yadav and Raees Sheikh against Congress MP Sanjay Nirupam in Mumbai North and NCP MP Sanjay Dina Patil in Mumbai North East, respectively.

He said he would take up the issue of certain housing societies refusing flats to Muslims, with city police commissioner Rakesh Maria and demand that such societies be booked under sections 149 of CrPC and 153 (a) and 298 of IPC.

“….Refusal is the violation of the right to live and own property,” Azmi said, adding that his party was against discrimination of any kind.

“If police fail to act in 15 days, SP would expose the housing societies it has identified by releasing tapes of the sting operation which has been carried out by our volunteers,” Farhan said.

The Azmi junior also demanded deployment of women constables at nakabandis in night.

“We will start by deploying our volunteers with cameras at nakabandis in South Mumbai to keep a check on how women drivers as well as those belonging to a particular community are treated,” he added.

Farhan had lost to Shiv Sena candidate Rupesh Mhatre in the 2010 by-election for Bhiwandi East Assembly seat which was won by his father in 2009 elections.

The senior Azmi had also won from Mankhurd and vacated the seat for his son, necessitating the by-election.

Sindhuratna fire could have started in sailors’ deck: Navy

INS-SindhuratnaThe fire on board the submarine INS Sindhuratna could have started from the sailors’ deck above the battery pit of the vessel, Navy said on Tuesday.

“A preliminary assessment of damage sustained onboard was carried out by a specialist team of Western Naval Command. Based on preliminary inspection of third compartment (sailors’ accommodation), the likely seat of fire has been indicated as the mess deck, which is located one deck above the battery bit,” a Navy release said.

Certain electric cables were observed to be “burnt in this area and the cause for initiation of fire at this location would be ascertained in due course by the high level Board of Inquiry”.

On the status of batteries, the Navy said Kilo Class submarines carry 240 cells, distributed equally in forward and aft battery pits.

The batteries currently “installed on Sindhuratna have till date completed about 113 cycles as against 200 cycles available for exploitation… The batteries which were being exploited by Sindhuratna at the time of incident were therefore operationally in-date,” it said.

On the status of the battery compartment in the vessel, the Navy said, “Preliminary inspection shows no damage has been observed thus for. Further, there are no signs to indicate any initiation of fire from the battery pit. The batteries appear to be clear of any damage and would now be put through normal checks and maintenance routines prior operationalisation.”

Police submit ‘case diaries’ in Dabholkar killing before HC

dabholkarThe Pune police on Tuesday produced before the Bombay High Court the original ‘case diaries’ in the probe relating to the murder of anti-superstition activist Narendra Dabholkar, complyng with its direction.

The bench headed by Justice PV Hardas, however, asked police to submit a Photostat copy of the case diaries for the perusal of the court instead of filing the original document.

Adjourning the matter for two weeks, the court told the police to produce a copy of the case diaries a few days before the next hearing so that they can go through the documents.

Atul Almeida, lawyer for Dabholkar’s daughter Mukta, urged the court to grant one week more to file an application seeking intervention in the case. A fortnight ago he had made a similar plea and the court had asked him to file a written plea.

The court said that Mukta could file a written application if she wanted to intervene.

Last month, the court had issued notice to CBI after petitioner Ketan Tirodkar amended his plea to include the agency as a respondent instead of NIA.

Tirodkar argued that NIA had restricted jurisdiction as it was involved only in cases of terror, while CBI has wider powers as it investigates serious crimes.

Dabholkar, who spearheaded the anti-superstition movement in Maharashtra, was shot dead in Pune on August 20, 2013 while on a morning walk. Police are still clueless about identity of his assailants.

Earlier, police had informed the court that there was no evidence suggesting the involvement of right-wing extremists in Dabholkar’s killing. Police also said that since he was not facing any threat, there was no question of them preparing a perception report (prior to the murder) and monitoring his activities.

Police in their affidavit had termed as a ‘figment of imagination’ the petitioner’s contention that the murder was the handiwork of right-wing extremists and said it was not supported by any factual evidence.

Esther Anuhya case: HC questions police’s handling of missing person’s complaints

Esther-AnuhyaQuestioning police’s handling of missing complaints; the Bombay High Court said that if anybody approaches a police station saying a child or woman relative is missing the police should first take down the complaint, instead of worrying about the jurisdiction.
The remarks were made by a division bench of Justices N H Patil and Anuja Prabhudesai while hearing a petition filed by advocate and activist Abha Singh seeking probe by the state Crime Investigation Department (CID) into the “gross inaction” by police officers, who failed to act on the missing complaint filed by the family of techie Esther Anuhya. Esther had gone missing on January 5 after alighting at the Lokmanya Tilak Terminus in suburban Kurla. Her decomposed body was found on January 16 in suburban Kanjurmarg. The police arrested one Chandrabhan Sanap for the murder of Esther.
According to the petition, when Esther’s uncle had approached the MIDC police and Kurla railway police on January 5 to report that his niece was missing, the police officials there turned him away without taking down his complaint. “Only after Esther’s father approached the Vijayawada police in Andhra Pradesh and the police there sent a letter to the Kurla railway police, a missing complaint was lodged on January 8. Esther went missing on January 5. For three days the police did nothing,” Abha argued.
The court then sought to know the mechanism adopted by the police while handling such cases. “If a person approaches the police saying his or her woman relative is missing what does the police do? Shouldn’t they first note down the complaint instead of worrying about whether the case falls under their jurisdiction? Instead of asking the already troubled relative to run from one police station to another, shouldn’t the police take down the complaint and intimate the concerned police station,” Justice Patil questioned.
Public prosecutor S K Shinde informed the court that several circulars have been issued, by which the police is bound to register missing complaints if a person gives a written complaint. “In the present case, it is not that the Kurla railway police did nothing. On January 5 itself police went through the CCTV footage. When they could not spot the girl in the footage, the police called for the reservation chart,” Shinde said. The bench directed the senior police inspector of Kurla railway police to file an affidavit in response to the petition within two weeks.
A petition has been filed in the Bombay High Court seeking independent probe by the state Crime Investigation Department (CID) into the gross inaction by police officers who failed to act on the missing complaint filed by family of techie Esther Anuya who was found dead. The petition filed by advocate and activist Abha Singh sought for registration of offence against the errant police officers who failed to conduct necessary investigation into the missing complaint of Esther.
According to the petition, the police’s failure to act timely resulted in the abduction of young girl and then her death.
On December 24, 2013, Esther, who was working as an employee of TCS Mumbai, went to Macchilipatanam for Christmas vacation with her parents. She returned to Mumbai on January 5 night and took an auto rickshaw from the LokmanyaTilak Terminus in suburban Mumbai but never reached home.
Esther’s brother and father came to Mumbai to lodge a missing complaint when they did not hear from Esther. The MIDC Police Station, Andheri, did not register their complaint and told them to go to Kurla Railway Police Station. However, when the matter was reported to Kurla Railway Police Station, they also did not register the complaint, and told that the matter be reported to Vijaywada police station in Andhra Pradesh.

Eight charged with abduction of teenager acquitted by Thane court

Eight persons, who were tried in connection with alleged abduction of a 17-year-old college boy from Navi Mumbai in 2010, have been acquitted by a court.

Thane Additional Sessions Judge A S Waghwase found the accused not guilty after prosecution failed to prove beyond reasonable doubt that the purported crime was committed by them. They were set free yesterday on benefit of doubt.

The accused were tried under sections 364(A), 387, 504 and 506 of the IPC. According to prosecutor Buleshwar Hinge, student Ashish Kanojia left his house in Nerul on August 7, 2010 for his college and never returned home. His parents searched for him and later filed a missing complaint with police. A day after, his father Ramtilak, a material supplier, received a call from the accused demanding Rs. 1 crore ransom for his son’s release.

He thereafter received repeated calls from the accused for the ransom, which was finally settled at Rs. 7 lakh.

Ramtilak was asked to come near Raghuleela Mall on August 10, 2010. When the complainant reached the specified spot, three of the accused were nabbed by police officers who had laid a trap, the court was told.

The arrested three led police to three others who were waiting at Mhape following which they too were apprehended, Hinge said.

Further probe revealed that the boy was held captive in in Pune from where he was rescued and two more people were arrested. A total of eight persons were arrested.

However, counsel for the accused, Baba Shaikh pointed out to the court that these persons were never arrested from near Raghuleela Mall. In fact, they were picked up a couple of days back by police to cover up the case, he alleged.

Shaikh also argued that if police had nabbed three men in a crowded place at Vashi as stated by them on that day, then why did not they examine even a single witness from among the onlookers or citizens as independent witnesses.

The police had examined only their officers whose deposition were also contradictory, he pointed out.

Shaikh also brought to the notice of the court that no identification parade of the arrested accused was held and submitted that the arrested were not at all involved in the case.

Several flaws in the case led the court to decide in favour of the accused, who were finally let off by the court.

Film ‘Rahasya’ not based on Aarushi case: Censor Board tells HC

The Censor Board told the Bombay High Court that the movie ‘Rahasya’ is based on fiction and bears no resemblance to the case of dentist couple Nupur and Rajesh Talwar who were convicted for the murder of their teenage daughter Aarushi and the domestic help in 2008. “The film ‘Rahasya’ is a work of fiction. The film has a disclaimer in the beginning that it is based on fiction and bears no resemblance to any person dead or alive,” the affidavit filed by SheetalTandel, Assistant Regional Officer of Central Board of Film Certification (CBFC), Mumbai, said.
The affidavit was filed in response to a petition by Nupur and Rajesh Talwar, now serving life sentence awarded to them for Aarushi’s murder, seeking a stay on the release of ‘Rahasya’ directed by Manish Gupta. The Talwars in their petition claimed the movie is based on “distorted facts are surrounding the gruesome death” of Aarushi.
The Talwars approached the High Court after the Central Board of Film Certification granted U/A certificate to the movie in January this year. The CBFC, however, said there are several differences between the Aarushi case and the movie. “In the movie, an 18- year-old Mumbai-based girl gets murdered. The father of the girl is arrested but released on bail and then acquitted. Soon after that, he too gets murdered. This is hardly the case with Dr. Rajesh Talwar who is still very much alive and in detention,” the affidavit said.
It further claims the victim girl and her parents in the movie bear no resemblance in name or appearance with Aarushi and her parents Nupur and Rajesh.
Senior counsel Birendra Saraf, appearing for the Talwars told the High Court that if as per the CBFC affidavit the movie is not based on the Aarushi case, then the Talwars do not have any problem. “We would still request the producers of the movie to arrange a private screening of the film for at least one member of the family,” Saraf said.
Advocate Atul Damle, appearing for Gupta and producer UVI Films Production Ltd, sought time till March 10 to seek instructions on whether a private screening can be arranged.
On the intervening night of May 15 and 16, 2008, Aarushi and their house help Hemraj were found murdered at the Talwars’ residence in Noida.
The Talwars were convicted by a sessions court in Ghaziabad in November last and sentenced to life imprisonment. Their appeal against their conviction is pending before the Allahabad High Court.

Naval officer gets lifer for murder of girlfriend

A sessions court sentenced a 28-year-old naval officer to life imprisonment for killing his girlfriend.

Manish Thakur, an employee of Aeronautical Wing of the Indian Navy, had been arrested in May 2007 by Mumbai police in Goa for murdering his girlfriend and employee of Tata Consultancy Services (TCS) Kaushumbi Layek. He was arrested when he was serving in INS Hansa.

24-year-old Layek was found murdered with two bullet injuries and her body was found in ‘Sun and Sheel Hotel’ in Andheri in western Mumbai in the wee hours of May 14, 2007.

According to the prosecution, Thakur had gone to Vasco in Goa after the incident and at the time of his arrest he had gone for advanced training in INS Hansa.

The prosecution told the court that Thakur killed her because the Layek refused to marry him. According to prosecution Takur was already married and he had hidden this fact from Layek.

When Layek came to know about his marriage, she started avoiding him, due to which there would be regular fights between the two. Layek had also stopped receiving Thakur’s calls.

The prosecution argued in the court that a day prior to the incident Thakur convinced her to come to the hotel and then committed the crime.

Interestingly, in the deposition of Thakur’s wife, she had put the entire blame on Layek. She had told the court that it was Layek, who used to call him regularly and she (Layek) had even told her that she should divorce Thakur.

In the court, during the trial, the prosecution examined 29 witnesses to prove their case including the sanctioning officer while the defence lawyers examined 6 witnesses.

Accepting the prosecution’s case, the judge D W Deshpande convicted Thakur.

Thakur said, “I was expecting this and was prepared for this (the sentence).”

He said he would now approach the high court.