The Bombay High Court, hearing the death sentence confirmation petition of state transport bus driver Santosh Mane, said it will have to consider his mental status at the time of the incident and not whether he was undergoing treatment for insanity.
Mane (40) was awarded death penalty by a Pune sessions court in December last year for mowing down nine persons and injuring 37 others after he ran amok with the bus on busy streets in Pune.
Mane had challenged the lower court’s verdict on the ground that he was suffering from mental illness and was undergoing treatment for the same.
A division bench of Justices N H Patil and V L Achliya posted the matter on March 12 when it will fix a date for commencement of hearing on the appeal and death confirmation petition.
Advocate Jagdish Mane, appearing for the convict, today told the court that while the prosecution claims that the motive behind Mane going on a rampage was over his extended duty hours, the defence’s case was of insanity.
“There is medical evidence to show that Mane was undergoing treatment,” he said.
The court said “the fact that he was undergoing treatment is not of paramount importance. At the relevant time what was his mental condition is what is of paramount concern. What was his position at the time of the incident is what needs to be seen”.
The incident dates back to January 25, 2012 when Mane had allegedly hijacked an empty state transport bus from Swargate depot and sped off on the wrong side of the road ploughing through vehicles and pedestrians.
With over 80 properties attached, Maharashtra tops the list of states where maximum properties have been attached on the charge of money laundering by the Enforcement Directorate (ED).
According to official data, more than 80 per cent of these suspect properties obtained by alleged “criminal proceeds of crime” are located in the western state while other states like Punjab and Rajasthan only have few properties under this category.
The total such properties, as per latest data, attached stand at 96.
While there are many other states where central financial enforcement agency has issued “provisional” orders for attaching dubious properties on money laundering charges, the agency has been given approval of the Adjudicating Authority of the Prevention of Money Laundering Act (PMLA) to attach and freeze immovable properties in a specified number of states as part of its criminal probe under the said provisions.
The ED has issued lockdown orders on these assets advising general public to not enter into any business of renting, purchasing or acquiring of these properties.
Under PMLA laws, once the Authority confirms ED’s provisional attachment, the property can be freed only after the permission of a superior court like the High Court of the Supreme Court.
The other states where the ED has got similar confirmation to attach properties include Punjab (6), Rajasthan (7), Kerala (1) and Himachal Pradesh (1).
According to latest data, the assets attached in Maharashtra include plots, flats, houses, shops and other residential space in cities like Mumbai, Pune, Navi Mumbai, Raigad, Alibaug and few other places.
Sources said these properties are involved in various cases being probed by the ED like the Hasan Ali Khan probe, probe against ‘Red Sanders’ wood smuggling mafia and investigation related to former Jharkhand Chief Minister Madhu Koda among others.
An attachment action, under the PMLA, is aimed to deprive the accused benefits of his or her ill-gotten wealth earned through illegal means.
A PIL in the Bombay High Court on Thursday alleged that Maharashtra government had violated rules in appointing Rakesh Maria and Vijay Kamble as the police commissioners of Mumbai and Thane, respectively, and promoting Javed Ahmed as Director General of Police (Home Guards).
The petition urged that the court should issue a writ or direction to the state of Maharashtra and Chief Secretary (Home) to produce records in respect of appointment of Maria, Kamble and Javed Ahmed in their new posts.
The PIL, filed by social activist Hemant Patil, also urged for a direction to the respondents to produce records to show the recommendations made by the authorities in respect of their appointments.
The petition further prayed that the appointment of Maria and Kamble may be stayed during the pendency of the hearing.
The PIL said after the appointment of Rakesh Maria as the police commissioner of Mumbai, both Ahmed Javed and Vijay Kamble, who were running in the race for the same post, had openly declared that injustice had been done to them by not selecting them as the police chief of Mumbai.
The PIL further alleged that the seniority of both the officers, namely Javed Ahmed and Vijay Kamble, was not considered and instead Maria was selected for the top post.
Under such circumstances, the petitioner said he apprehended that the two officers might not perform their duties sincerely and this might have an effect on the interests of public. The petition would come up for hearing in due course.
Bollywood composer Nadeem Saifi, living in self-exile in Britain since he was accused of involvement in music tycoon Gulshan Kumar’s murder in 2000, wants to return to India to see his parents.
One half of the successful Nadeem-Shravan duo, Saifi was implicated 16 years ago in the killing of Kumar, the boss of his record label T-Series, but has claimed his innocence ever since.
In 2002, a British judge ruled the case against him had not been proved but his arrest warrant has never been withdrawn in India. “I don’t want to die without getting justice,” said Saifi.
The musician broke down in tears as he spoke to the radio station, saying: “I don’t want my parents to die without hearing that I was innocent. “My parents are lying ill in their beds, I so much want to see them. I deserve this justice, it’s high time now.” Saifi was on holiday in the UK in 1997 when Kumar was shot dead by assailants outside a temple in suburban Mumbai. He soon became a prime suspect in the murder.
At the request of Mumbai police, the Indian government sought Saifi’s extradition but the musician’s legal team maintained the police’s evidence was flawed. After an extended legal battle, he successfully avoided extradition. A British High Court ruled that “the accusation of murder and conspiracy made against this applicant is not made in good faith and in the interests of justice”.
The verdict was later upheld by the House of Lords when the Indian government appealed.
Saifi must appear in an Indian court for his warrant to be cancelled but fears he will not get a fair hearing. He has suggested his implication in the murder case was part of a larger conspiracy. “It was just an act of jealousy from certain people who thought, ‘Let’s nail this good-looking hunk of a guy,'” he told BBC.
Saifi is now planning a musical comeback and reportedly working in Dubai on some projects but is yet to confirm a release date for his new material.
Aviation regulator DGCA has started collating feedback from the general public as well as affected parties on providing an air operator permit (AOP) to the Indian subsidiary of Malaysian no-frills airline AirAsia, sources said.
The Directorate General of Civil Aviation had invited objections/suggestions on the issue on January 20, with a 20-day submission window.
“We have received a number of suggestions and objections, which are being collated now. We will consider their application (for AOP) once this exercise is completed,” DGCA sources said.
The sources, though, did not give any specific time line for the grant of a flying license to the new airline, saying only that “it is expected shortly.”
This is the first time the DGCA has invoked the rule seeking objections from the public before granting a flying license.
AirAsia India, a joint venture of AirAsia, Tata Sons and Telestra Trade Place, had planned to commence domestic operations by January, and now expects to start from April.
In April last year, the Foreign Investment Promotion Board approved the USD 30 million deal. It received a no-objection certificate (NOC) from the Civil Aviation Ministry last year.
Meanwhile, Minister of State for Civil Aviation K C Venugopal said in reply to a question in the Lok Sabha that the government received seven proposals last year for initial no-objection certificates to start scheduled flight operations, including from AirAsia India and Tata-SIA Airlines Ltd.
Of these, AirAsia India was granted an initial NOC. Besides, in-principle approval for the import of 10 Airbus A-320-200 aircraft was given to this company in December.
Apart from Tata-SIA and AirAsia India, other firms that applied for an NOC are Airone Aviation Services, Zexus Air Services, Freedom Aviation, Air Carnival and Turbo Megha Airways, Venugopal said.
The Bombay High Court suggested the Maharashtra government to consider making it mandatory for all civic bodies and district councils to use satellite imaging for keeping track of illegal constructions mushrooming under their respective jurisdiction.
This was proposed by a division bench of Justices N H Patil and V L Achiliya while hearing a public interest litigation alleging rampant corruption in sanctioning of 110 building proposals by Ulhasnagar Municipal Corporation in 2010.
The sessions court on Thursday granted interim protection from arrest till February 25 to Dr T P Lahane, the Dean of the government-run JJ Hospital, who is accused of making a casteist remark against an employee.
The hearing on his anticipatory bail plea was adjourned to February 25.
“The court has granted Dr. Lahane interim protection till February 25 and also directed him not to enter the premises of JJ Hospital,” said his lawyer, advocate Swapana Kode.
Kode said Dr. Lahane would not be able even to go to his quarters within the hospital premises.
Dr. Lahane, a noted ophthalmologist and a Padma Shri awardee, is facing a case under the SC/ST Atrocities (Prevention) Act after sweeper Narayan Waghela, working with the hospital, accused him of hurling casteist abuse earlier this month.
Lahane denied the allegation and filed anticipatory bail application two days ago.
According to the complaint, Lahane got into an argument with Waghela when the latter asked another sweeper to stop working as all the temporary class-IV employees were on strike.
Dr. Lahane had earlier moved the Bombay High Court, seeking quashing of FIR. However the high court asked him to approach the Sessions Court first.
Anna Hazare went very cheap while issuing media statements, he seriously needs to rest for a long time. He is endorsing Mamata Banerjee and snubbing Arvind Kejriwal which is bizarre and humorous. Does he want to say that Banerjee is honest and Kejriwal is not? Nevertheless, if any survey is conducted, Kejriwal will get higher admiration rating than Anna and that’s why Anna is afraid to campaign for AAP.
Old man never realised that Arvind can make it to power, since the inception of Aam Aadmi party. Hazare went on attacking Kejriwal without any concrete base or proofs. I thought, Hazare would show some maturity by silently observing everything by not making irrelevant attacks but he acted like a nut. Anna has been exposed completely. If he has decided to part away with Kejriwal, on various issues, why is he jumping into another bandwagon? If he was against politics and formation of political party then he should keep himself away from politics.
Ego did not leave even simple ‘so called’ social worker. Anna Hazare and Kiran Bedi both are envious of Kejriwal’s success as a politician. They couldn’t digest someone who was around them in graft struggle, rose above all expectations and formed a Government in an unprecedented fashion. Anna is nowhere close to any Gandhian except for his outfit and appearance, but more of an uncivilised person with his unnecessary personal outbursts on others. He should stop wasting his energy on Kejriwal, but rather focus on his original style of protest as an assumed Gandhian. That Hazare is supporting Banerjee is a big shock. Women have been raped and murdered in West Bengal; Mamata either calls that ‘an arrangement gone bad’ or blames CPM. The crime rate, murders, frauds in WB are on rise. Can’t he see that or no one is guiding him to make him aware about that?
Anna slammed the Aam Aadmi Party (AAP) leader and said that after tendering his resignation, Kejriwal should have vacated the official bungalow, but he hasn’t done that. Why so much pain if Kejriwal is residing in Government bungalow? Let government act against him, this objection should come from Congress or BJP. Why Anna is interfering in Kejriwal’s matter? What is the problem if he is aiming to be PM of this country?
What about Mamata Banerjee? Is she not willing to be PM of this country? She is ready to take support from Mulayam Singh Yadav, Jayalalithaa, Mayawati to become PM. She can even be a part of third front, for her own political benefits. Hazare always need a person for his piggyback. First, Arvind Kejriwal then Kiran Bedi and VK Singh and now Mamata. Please develop backbone for yourself. Every person have their own path. He wants that person should forget his own path and follow him all his life. Anna’s anger against Mr. Kejriwal is beyond understanding. Kejriwal may have different approach on Jan Lokpal and he did not hide it either. Anna wanted a non-political movement to achieve the Jan Lokpal. On the contrary, Kejriwal took the battle to the corrupt politicians’ camp and succeeded handsomely. I feel this might have hurt Anna and his company. Suddenly, they started raising their voice against AAP. In their bid to undercut AAP’s success, Anna forgot his basic principle of non political movement and started hobnobbing with political parties. First, he praised Congress then BJP and now he is praising TMC chief Mamata Banerjee.
Arvind Kejriwal may have some shortcomings but his mission is worth praising and supporting. Why Anna desperately want Kejriwal to be out of politics? It is his decision. If Anna’s decision is to stay out of politics, Kejriwal’s decision is to stay in politics and make some changes. Don’t know why it is bothering him so much. It might be because Anna lost public appeal once Arvind Kejriwal created his party. Now, he is searching for someone who can support him blindly. Anna doesn’t know what he is doing. He wants publicity for himself. He doesn’t care for common people. His drama has been fully exposed. Kejriwal and Anna, who together launched the anti-corruption movement, parted ways after the former launched a political outfit. Hazare also said that he won’t support Bharatiya Janata Party’s prime ministerial candidate Narendra Modi or Kejriwal. Who needs Hazare, the lost identity for their political campaign? Why he is voluntarily passing statements? I don’t think Modi ever needs this man for political campaigns.
Moreover, if Hazare feels that there is no other leader like Mamata Banerjee, she should be PM, then she should also seek out answers for why did the TMC stall the Lok Pal bill in the Rajya Sabha last year when it was already passed in the Lok Sabha. Why did she call the Park Street rape victim a slut? Why does she oppose the river water sharing agreement with Bangladesh when it will bring prosperity to both countries? Why she refused various development projects? Why there is so much crime and law and order problems in WB?
Since the Lok Sabha election is just round the corner political parties have started indulging in blame game activities to gain an upper hand over each other. Instead of concentrating on developmental work parties are more interested maligning the reputation of their rivals. The NCP spokesperson Nawab Malik had accused AAP of holding secret meeting with builders from Singapore and is planning to cheat citizens. On the other hand, the Aam Aadmi Party state Convenor Anjali Damania gave a fitting reply by conducting press conference and spoke about Ajit Pawar’s involvement in the electricity scam.
Nawab Malik made has alleged that AAP has held a meeting with builders from Singapore to discuss about the 10 crore project deal which is against the interest of the people. Malik also added that AAP Maharashtra President Mayank Gandhi and other leader Yogendra Yadav too was present in the meeting.
When AV contacted Anjali Damania and inquired her about the allegations made by Nawab Malik against her, she claimed that it was baseless. She said, “Conduct a probe into this matter. If it is proved that we have taken even a single penny then I, Mayank Gandhi and other AAP leaders are ready to face imprisonment. It’s a ploy of Malik to tarnish the image of AAP.”
Anjali asked for CBI inquiry against her and other leaders of AAP pertaining to this matter. Defending herself Anjali said that business themselves approached Yogendra Yadav and Mayank Gandhi.
AAP spokesperson Preeti Sharma Menon said, “In past too, Nawab Malik has made several allegations against our party and its members. However, he doesn’t have any concrete evidence to back his claim. The NCP is feeling insecure after our party made a foray into politics hence they are making false allegations against us. They will never succeed in this attempt. We will give a fitting reply to NCP by defeating them in the upcoming Lok Sabha election.”
Anjali also wanted Nawab Malik to do a self introspection before making allegations against others. She said, “Nawab Malik himself has been involved in the land scam but he has failed to give an explanation about it. Instead of criticising other Malik should first needs to clear his name from the scam.”
The Supreme Court stopped Tamil Nadu from releasing convicts in the 1991 assassination of former Prime Minister Rajiv Gandhi, which was seen as a populist and politically-loaded decision ahead of the national election due by May.
Chief Justice of India P Sathasivam said, “We are concerned with procedural lapses and we will examine it.”
The Centre had challenged the Jayalalithaa government’s right to grant freedom to three of the convicts, Murugan, Santhan and Perarivalan, who had been spared execution by the Supreme Court on Tuesday because of an exceptional delay in a decision on their mercy plea.
The three men can’t be released for now, says the Supreme Court, which will take up the case next on March 6. Four others are serving life term, including Murugan’s wife Nalini Sriharan, who was granted mercy on Congress president Sonia Gandhi’s intervention.
The Tamil Nadu government interpreted the court’s order to claim that these four can technically be released anytime. All the convicts have spent 23 years in jail.
Less than 24 hours after the Supreme Court commuted the death sentence of the three men to life term on Tuesday, Chief Minister Jayalalithaa announced that all seven convicts in the case would be freed. She asked the Centre to give its views “within three days”, after which, she said, she would go ahead.
Prime Minister Manmohan Singh said letting them off would be contrary to all principles of justice as Rajiv Gandhi’s assassination was “an attack on the soul of India.”
The BJP’s came out with a surprisingly sharp condemnation after being accused of keeping silent because of its plans for a poll tie-up with Jayalalithaa’s AIADMK in Tamil Nadu. “Why is Narendra Modi silent?” union minister Kapil Sibal had asked.
Describing the decision to free the convicts as unconscionable, senior BJP leader Arun Jaitley said in a blog, “After assassinating a former Prime Minister how there can be institutional compassion for such persons is difficult to comprehend. Those who commit such heinous crimes cannot be made symbols of identity politics.”
Rajiv Gandhi was assassinated by a woman operative of the Lankan Tamil separatist outfit LTTE, who greeted him with a bomb strapped to her chest during a rally in Sriperumbudur in Tamil Nadu. For years, the case has been linked to Tamil sentiment and all regional parties have campaigned for the convicts’ release.
DMK chief Karunanidhi said the government had acted hastily by not following due process.