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Illegal offices of BJP & others existed prior to DC rules: Govt

Maharashtra government told the Bombay High Court that offices of BJP and some government organisations, considered illegal on a plot reserved for a garden near Mantralaya, were not demolished as they existed even before Development Control rules were framed in 1991.

The court was hearing a bunch of PILs alleging that BJP and some state government organisations, including employment exchange and Maharashtra Tourism Development Corporation (MTDC), had illegally built offices on this plot.

The offices were legally built before DC rules were framed, an affidavit filed by a PWD engineer of the state government said. In the DC rules, this plot had been reserved for a garden and a recreational ground.

In the affidavit, the government has shifted the responsibility of demolishing these offices on Brihanmumbai Municipal Corporation, which is the planning authority.

The affidavit further said that without prejudice these structures, which existed prior to 1991, have been expressly permitted by the Municipal Corporation to continue in accordance with DC rules.

On last occasion, the court had stopped BJP from carrying out additional construction.

The PIL, filed by Nariman Point Churchgate Citizens Welfare Trust, Oval Cooperage Residents Association and the Federation of Churchgate Residents, demanded removal of all encroachments and structures constructed on the “Nehru Garden” plot of land and restoration of the garden as a green space.

A bench headed by Justice Anoop Mohata adjourned the hearing to four weeks to enable the petitioners to file rejoinder.

Woman jumps into Bhayandar creek along with her son

A 30 year old woman along jumped into Bhayandar creek along with her six year old son while commuting in a suburban train heading towards Virar. The Navghar police have recovered the dead body of deceased and her son. The deceased has been identified as Yasodha Rana and Vikas Rana respectively.

At around 12.30 pm the local train was heading towards Virar when the Yashoda tied her son with the saree on her back and jumped into Bhayandar creek. After the incident, the railway police was informed who then alerted the Navghar police station.

While searching the police had found the dead body on the shore of the creek and also recovered the diary which contained the information about Yashoda’s husband.

A Police official informed, “As per the information provided in the diary we contacted Yashoda’s husband and learnt that she is a Nallasopara resident. We are yet to ascertain the reason behind why she had committed suicide.”

Everything is fair in love, war and elections!

With the Congress kept on guessing for an alliance, Ram Vilas Paswan’s LJP has given signals of exploring a tie-up with the BJP. Chirag Paswan, the Bollywood aspirant and political heir of Ram Vilas Paswan, who is also the chairman of the LJP’s parliamentary board, met BJP president Rajnath Singh recently. Whether Paswan will alliance with BJP or not, that is a different matter but BJP needs to be extra careful. Paswan is the absolute weather cloud on Indian politics. He moves in the direction where the wind blows much before anyone else. Obviously, BJP can be the winners in these elections. All pseudo secular parties first talk to BJP to bargain with Congress for some more seats. These parties are fake. You may win or lose, but national parties should not entertain these unruly parties. Anyways, the UPA’s alliance has already accepted that Modi is the best choice as PM and BJP is the best pro-people party at this moment. Paswan has been a minister in both the NDA and UPA governments and was the first to quit NDA in 2002 over the Gujarat riots. Asked if he could align with Narendra Modi, Surajbhan Singh said, “When the court has given a clean chit to Narendra Modi, who are we to say anything?” Though a section of the LJP is in favour of the tie-up, Paswan himself is still making up his mind.
Paswan buffed his “secular” credentials domestically and abroad by describing his resignation from the Vajpayee government in April 2002 as a protest against the Modi regime’s failure to control the post-Godhra conflagration. He had also demanded that Modi be sacked and President’s rule be imposed in Gujarat. Having been turned down by Congress and Lalu Prasad’s RJD on seat arrangement for the Lok Sabha elections, LJP chief Ramvilas Paswan is considering joining hands with BJP in Bihar, in what will be a political coup for the Narendra Modi campaign as well as a boost for its effort to bag the majority of 40 seats in the state.

However, RJD MP and Lalu Prasad’s trusted confidant Ramkripal Yadav acknowledged that seat-sharing talks between Congress-RJD and LJP had failed. According to Yadav, LJP was insisting on nine of the 40 Lok Sabha seats in Bihar. Lalu Prasad offered LJP five seats. Congress wants 15 seats and the NCP has claimed two. LJP, which started by demanding 12 seats, has climbed down, but is insisting on 8-9 seats, saying that was its bottom line. The Paswan’s community, which accounts for 4-5% of Bihar’s population, is spread across the state, and has been fanatically loyal to Ram Vilas, helping him become one of the few leaders who can transfer votes to whosoever he chooses to align with. Paswan, who was unsuccessfully wooed by JD(U), opened negotiations with BJP after Congress and Lalu did not agree to spare more than five seats for him. LJP circles have also noted the timing of the CBI’s decision to open an inquiry into Paswan’s alleged involvement in the illegal recruiting scam at Bokaro Steel Plant.

His son and heir apparent Chirag, who controls LJP’s policy issues, favours an alliance with the BJP. Although Paswan is yet to take the final call, Chirag is learnt to be leaning on him to take the “vital decision immediately as further delay may affect campaigning”. An alliance with Paswan will help BJP’s objective to get the majority of 120 Lok Sabha seats from UP and Bihar. Upper castes are supposed to be strongly rooting for Modi. There are also indications that the appeal of BJP’s PM candidate as the first “backward” to have emerged as a realistic contender for prime minister may have seeped among the “backward castes”. The addition of Paswan may result in a formidable rainbow coalition.

It might also affect the objective of RJD-Congress to attract Muslim votes by raising doubts about their capacity to deny seats from Bihar, raising the prospect of Nitish Kumar’s JD(U) emerging as the rival pole of attraction for the minority community in many seats. Of late, he has openly expressed his frustration with the Congress’s lack of initiative in starting talks. Many view the current signals as muscle-flexing before the Congress and the RJD. The RJD, in its preliminary talks with the Congress, has been reluctant to give more than three or four seats to Paswan’s party. The LJP is keen on Nawada and Araria but the RJD is setting its terms as it wants Araria for Md Taslimuddin. The LJP wants its MLA Zakir Hussain Khan to contest from Araria, Surajbhan’s wife from Nawada, and Ramakishore Singh from Sheohar. The BJP is hoping to get Hajipur, Samastipur and Jamui which Paswan, his brother Ramchandra and son Chirag are keen to contest.

Democracy is known to function at a snail’s pace and has slow decision making process. Extensive consultation process will make it further slow down. On the other hand, I feel that the stakeholders, the common man, must be consulted in any law making process. In politics, the principle of forgive and forget is really strong. Paswan was a minister in every cabinet starting from V.P. Singh and ended with Manmohan Singh in 2009. He is another Pawar, who cannot live without a ministerial post. Paswan foresees a bright chance for BJP so he also thought to ride on the back of Modi’s popularity. For BJP, there will be additional 4 per cent votes of Paswan’s community and together the alliance may sweep the Bihar poll with Upendra Kushwaha’s party which has already joined the alliance. The opportunist at his best, Paswan has been the same for last 20 years, always siding with the party likely to form government, first with the United Front, then NDA and subsequently UPA. BJP should be very cautious in selecting allies. It may be a ploy by the Congress Party which advises to go with NDA and post election after winning some handsome seats come back in UPA. So, BJP should be extra alert while choosing allies for the general elections.

Unlike BJP, Congress is trying to empower common man, farmers: Rahul Gandhi

rahul_gandhi-1Congress vice president Rahul Gandhi on Monday said that the farmer community has largely benefitted from his party’s policies and welfare schemes and attacked BJP for taking credit for all that and dividing the people as ‘insiders and outsiders’.

Interacting with the farmers, Rahul Gandhi said, “Only Congress is fully with the farmers. It doesn’t play the politics of caste and religion. Green Revolution, White Revolution, Loan Waiver, Land Acquisition Bill etc. are a proof that we have worked for farmers.”

The farmers included a small group of women also.

“What I learnt here, I have not learnt from bureaucrats earlier,” Gandhi told the gathering after listening to their problems.

He said he was aware that children of many farmers did not want to take to agriculture.

“Our (Congress) politics is one to give you a choice. Our politics is not to give you orders, like the BJP does. We are creating a manufacturing corridor,” he said.

“Your children will get a choice of farming or employment. We will give you options. Whether you want to take it or not, depends on you,” he added.
“We want to empower you by making you part of the decision-making for the agriculture sector,” Gandhi said.

Flaying wrong policies of governments in Uttar Pradesh for ignoring farmers, Gandhi said the Formula One race track was built on agricultural land.

“The Formula One track is used once a year. You have seen how it is being utilised. Perhaps it will shut down in 2-3 years. Land of farmers was taken away by telling them that they will see cars racing,” Gandhi said, in a reference to the track set up by the Mayawati government near Greater Noida.

Taking a dig at the Bharatiya Janata Party, Gandhi said farmers in Gujarat working in Kutch region were facing “insider” and “outsider” tags and were forced to leave the land they have been cultivating for decades.

“For Congress, there is nothing like insider and outsider. But BJP differentiates between them,” he said.

Punjab-based farmer Bhupinder Singh Mann said farming was fast becoming non-profitable and the government needed to bring schemes to help them so that they could sustain themselves properly.

Rural Development Minister Jairam Ramesh conducted the proceedings at the interaction, while Haryana Chief Minister Bhupinder Singh Hooda and other leaders sat with the audience.

At times, Ramesh had a tough time controlling the farmers who seemed excited to ask questions.

A woman farmer, Krishna Yadav said: “The government should help women farmers as they have to face a lot of hardship in this field. There should be special schemes for them.”

The interaction was organised to incorporate issues related to interests of farmers in the national manifesto of the Congress for the general elections.

Gandhi also laid the foundation stone of an international fruit and vegetable terminal market at Ganaur.

No death penalty for Italian marines as Centre drops anti-piracy charge

In a major reprieve for the two Italian marines facing trial for allegedly killing two Indian fishermen off Kerala coast in 2012, the Centre on Monday informed the Supreme Court that the duo would not be tried under the anti-piracy law (SUA).

This effectively means that the Italian marines would not face death penalty if convicted of killing the two Indian fishermen.

The Supreme Court, meanwhile, agreed to examine the Italian government’s plea challenging jurisdiction of the National Investigation Agency (NIA) to probe the marines’ case.

During the last hearing, senior advocate Mukul Rohatgi, appearing for the Italian government and the marines, had submitted that the Centre has not been able to move in the case despite the apex court’s order and pleaded that his client be allowed to go back to their country till Centre takes a decision.

The bench had said that it will take up the case on February 24 and will then hear the submission.

The bench was hearing a petition filed by Italian government challenging invoking of anti-terrorism law SUA, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Italian Ambassador Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, had also sought direction to the Centre and NIA to expedite the proceedings in the case or discharge the marines.

The petition said invoking the Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf Act (SUA) “would tantamount to the Republic of Italy being termed a terrorist state and acts of its organs, which were in repression of piracy, as being deemed as acts of terrorism, which is wholly untenable and unacceptable in the facts and circumstances of this case and in keeping with the comity of nations and international cooperation”.

The case pertains to the killing of two Indian fishermen allegedly by Latorre and Girone on board ‘Enrica Lexie’ off Kerala coast on February 15, 2012.

The two officers contended that they had apprehended a piracy attack. The marines were arrested on February 19, 2012.

SC to hear Centre’s plea to stop release of four convicts on Feb 27

The Central government on Monday moved the Supreme Court in a bid to stop the release of seven convicts involved in the assassination of former Prime Minister Rajiv Gandhi.

The Supreme Court agreed to hear the petition and has fixed the next date of hearing on February 27.

The apex court had last week stayed the decision of the Tamil Nadu government to release the three convicts in the case after Centre’s plea last week and asked it to maintain status quo.

However, the Centre wants stay on the release of the four remaining convicts as well, as per news reports.

The decision to release the seven convicts was taken by the Tamil Nadu government soon after the Supreme Court commuted the death sentences of three to life imprisonment on the ground of delay in deciding mercy petition.

Tamil Nadu Chief Minister Jayalalithaa had even given a deadline of three days to the Centre to respond to the decision else she would go ahead and free the prisoners.

The move on the part of TN government is being seen as politically motivated as the Lok Sabha elections are fast approaching.

Out of the seven convicts, three are Indians while the rest are from Sri Lanka. They have been in prison since Rajiv Gandhi was assassinated in a rally near Chennai in 1991.

SC refuses to extend Maya Kodnani’s interim bail in Naroda Patiya case

The Supreme Court on Monday refused to extend the interim bail of former Gujarat minister Maya Kodnani in the 2002 Naroda Patiya riots case.

During the previous hearing, the Supreme Court had extended the interim bail granted to her till Feb 24 on medical grounds but also made it clear that it won’t be further extended if she fails to file an affidavit stating the kind of burn injury she suffered.

The apex court, while rejecting the plea of her advocate Ram Jethmalani who pleaded for bail on the ground that she is suffering from suicidal impulse, asked him to file affidavit of burn injury that she suffered recently due to which it extended the interim bail twice.

“Don’t ask us to do what is impermissible in law. We have seen the photograph and we are not satisfied,” a bench of justices HL Dattu and SA Bobde said, asking him to file affidavit giving details of her burn injury.

When Jethmalani pleaded for regular bail on ground of her mental condition, the bench said, “You should go back to custody and then seek regular bail.”

The bench had earlier extended her interim bail which was expired on February 12 saying that “She is in a pitiable condition and she needs some relief.”

It had directed her to file affidavit stating injury suffered by her.

Court frames charges against MP in rape case

BSP MP Dhananjay Singh was on Monday put on trial by a Delhi court for allegedly raping a 42-year- old woman for nearly four years.

Additional Sessions Judge Sarita Birbal framed charges against Singh under various provisions of the IPC relating to rape, voluntarily causing hurt and criminal intimidation.

The court has fixed April 1 for commencement of trial in the case by recording of statements of prosecution witnesses.

In its charge sheet, police has arraigned 13 persons, including three doctors, as prosecution witnesses.

It also dismissed the bail plea of Singh on the ground that he can influence the witnesses.

Earlier, during arguments on framing of charges against Singh, a sitting MP from Jaunpur constituency in Uttar Pradesh, police had said they had the evidence which showed the involvement of the accused in the crime.

It had said the forensic and medical reports of the victim corroborated the statement given by her before a magistrate under Section 164 of the CrPC.

The police had said the victim has given all the details of the incident in her statement under 164 CrPC.

Senior advocate Hariharan and advocate S P M Tripathi, who appeared for Singh, had said there were inconsistency and improvement in the statement of the alleged victim and police cannot solely rely on her statement.

The charge sheet was filed against Singh for offences under various penal provisions of the IPC, including 376(2)(h) (rape knowing that a woman is pregnant) and 376 (2)(n) (repeatedly raping the same woman), 377 (unnatural offence), 323 (voluntarily causing hurt) and 506(criminal intimidation).

Setback for AAP as SC refuses to issue notice to Congress, BJP

In a huge setback for the Aap Aadmi Party (AAP), the Supreme Court on Monday refused to issue a notice to BJP and Congress in response to its petition challenging the imposition of President’s rule in Delhi.

The apex court also sought a response from the Centre in this regard within ten days.

A bench comprising justices RM Lodha and Dipak Misra issued notice to the Centre asking it to respond within 10 days on the issue raised by the AAP.

The bench, which posted the matter for hearing on March 7, refrained from issuing notice to BJP and Congress which were made party in the petition, saying it only wants to deal with the constitutional issue and does not want to have a political contest.

“It is a constitutional issue so whoever has passed the order has to answer,” the bench said and added, “We don’t want it to be a political contest”.

When it was stated that allegations have been made against the two parties, the bench said it will see when it will come. Senior advocate Fali S Nariman appeared for the AAP and explained the facts which led to the filing of the petition.

Earlier, on February 21, the apex court had agreed to hear on Feb 24 the petition seeking a direction to the Lieutenant Governor to dissolve Delhi Assembly and hold fresh polls along with Lok Sabha elections.

Advocate Prashant Bhushan, who had appeared for AAP, had said there was no possibility of any alternate government in Delhi and the Lieutenant Governor should have dissolved the Assembly.

The joint petition filed on the basis of newspaper reports and documents available in public domain by AAP and Saurabh Bhardwaj, who was the Transport Minister in Kejriwal Cabinet, challenged the decision to impose President’s rule in Delhi on the recommendation of the Lieutenant Governor alleging it was done to protect Congress leaders and former Chief Minister Sheila Dikshit from corruption charges.

It contended that the February 16 order imposing President’s rule was with a motive to frustrate the ongoing investigation in those corruption cases in which FIR has been lodged by the Arvind Kejriwal government.

13 MLAs announce split from Lalu Prasad’s RJD, five return within an hour

Rashtriya Janata Dal chief Lalu Prasad’s plans for a comeback as a major political player in Bihar in the national elections, due by May, have been dealt a severe blow with a split in his party. 13 of his 22 legislators have announced that they are quitting.

The rebels, led by the RJD’s chief whip in the Bihar assembly Rakesh Kumar, better known as Samrat Choudhary, met speaker Uday Narain Choudhary this afternoon. The Speaker immediately recognized the breakaway faction as a separate group, declaring them “unattached” from the RJD.

One of the rebels, Javed Ansari, said the group would support the ruling Janata Dal (United), which will firm up the position of Chief Minister Nitish Kumar, who has 115 legislators in the 243-member House.

“Whatever we need to do to help Nitish we will, if we need to merge with his party, we will,” Mr. Ansari said.

The rebel RJD legislators are said to be among those who wanted ticket for the forthcoming Lok Sabha elections, but believed that they would not get them as Lalu Prasad would offer these seats to the Congress as part of an expected pre-poll alliance.

Most of them are likely, said sources, to be offered Lok Sabha tickets by the JD(U) or then be given important roles in the Bihar government. “The party has become a B-team of Congress, we don’t feel like working with them,” Mr. Ansari said.

“Have heard about it. It’s not true. I will find out,” said Lalu Prasad, also refuting speculation that longstanding partner Ram Vilas Paswan of the Lok Janshakti Party or LJP is looking to walk out on him.

Seat-sharing with the Congress has already put a huge question mark on Mr Prasad’s equation with Mr Paswan, who is said to be exploring rekindling his old ties with the BJP; he is reportedly worried that if the 40 Lok Sabha seats from Bihar have to be divided up between the Congress, RJD, Congress-ally Nationalist Congress Party and him, his party will get to contest very few.

In the 2010 assembly polls, the RJD was almost routed, managing to win only 22 seats in the 243-member assembly. The JD(U) had won 115 seats, and its alliance partner, the BJP, 91. The JD(U) parted ways with the BJP in June last year in protest against Narendra Modi’s elevation in his party.