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Centre to challenge SC ruling on commuting death sentences on grounds of delay

January 29, 2014

The central government will challenge the Supreme Court’s recent ruling in which it said that inexplicable, inordinate delays in deciding mercy pleas of death row convicts can be sufficient grounds for commutation of death sentence to life.

Reports on Wednesday said that the Centre will soon file a review petition in the apex court, asking it to review its recent ruling in which it called for speedier disposal of mercy pleas.

The apex court had passed its order in response to a petition filed by 15 death row convicts – including four of Veerapppan aides – in which they had sought commutation of their death sentences as the government had not taken a decision on their mercy plea for years.

“….Mercy petitions were disposed of more expeditiously in former days than in the present times. Mostly, until 1980, the mercy petitions were decided in minimum of 15 days and in maximum of 10-11 months. Thereafter, from 1980 to 1988, the time taken in disposal of mercy petitions was gradually increased to an average of four years,” a three-judge bench headed by Chief Justice P Sathasivam said.

“Since the average time taken for deciding the mercy petitions during this period was brought down to an average of 5 months from 4 years thereby paying due regard to the observations made in the decisions of this court, but unfortunately, now the history seems to be repeating itself as now the delay of maximum 12 years is seen in disposing of the mercy petitions,” the court said.

Veerappan aides Meesekar Madaiah, Gnanaprakash, Simon and Bilavendran, who are lodged in a Karnataka jail since 2004 and Haryana couple Sonia and Sanjiv, sentenced to death for killing 13 of their relatives, were among the petitioners.

The court also said that the government cannot keep mercy pleas pending for years. The court said that if there is a procedural lapse in deciding on the mercy plea of a death row convict then it can be a ground for commuting death sentence to life.

Importantly, the apex court ruling is likely to impact the mercy pleas of Rajiv Gandhi’s assassins Murugan, Arivu and Santhan, which are pending before the top court.

The apex court also laid down important guidelines on dealing with death row convicts and their mercy pleas.

The court directed that death row convicts should not be placed under solitary confinement. Also, such convicts must be provided all legal aid if he/she wishes to submit a mercy plea.

The court also mandated respective state governments to place necessary material before the Governor while sending the mercy plea.

Once the mercy plea is rejected, it should be conveyed in writing to the convict, the court said.

“Although, no time frame can be set for the President for disposal of the mercy petition but we can certainly request the concerned Ministry to follow its own rules rigorously which can reduce, to a large extent, the delay caused,” the bench added.

Noted jurist Soli Sorabjee welcomed the SC verdict. He termed it “correct and humane.”

Absence of role models

January 29, 2014

People have started realizing that the ultimate goal of politicians is to gain power and find incessant visibility (publicity) on television. Nothing else matters for them. When you open the front page of a prominent news paper you find a gentleman in his seventies striding on wearing designer suit and carrying several shopping bags. If this is the case then what do you expect from young children? What will they want to possess?

Political parties will use various tactics like the one adopted by AAP for coming to power. They performed a good job in mobilizing the mob for their personal gain and they chose such a name for the party that it is very difficult for any one to dissociate from this description. Can any one say, I am not an “aam aadmi”. These two aspects have stumped all political parties. If you call “main” you are an egoist but if you call “hum”, you are a pluralist. How simplistic it has become.

It has been repeatedly said that the need of the hour is to uplift the citizenry. “Bhaag Milkha Bhaag” has become a role model for young and the old. I have noticed that several persons have started running in the park. Modi is seen as a role model and working for the welfare of the state without amassing personal wealth. People voted for AAP for similar reason but they are not as “tyagi” as Modi and hence got exposed very soon. Delhi’s Law Minister Somnath Bharti has time to fly kites but not to appear before the Women Commission.

I should somehow get a government job or become an MP or MLA and start earning money and get my pictures aired on television daily. I must not lose any minute in pursuing such a goal and that is why AAP was trying to lose no time in fooling people all the time. What is the Lieutenant Governor doing? He should dismiss the AAP government for violating the law. Don’t you have any other better person to become the Lieutenant Governor of Delhi? No army man and no police officer is suitable? Congress is to be blamed for this and hence they will receive very severe drubbing in the coming Lok Sabha election. Rakhi Sawant is right in calling Kejriwal an item boy. He is fortunate to have received such a good mandate from people and should be silently working for betterment of Delhi residents. If Kejriwal does not mend his ways fast, the AAP government should be dismissed and he and Somnath Bharti be prosecuted. Media must not give too much publicity to AAP activists like Gopal Rai, who was ousted by Anna. TV channels have great responsibility to educate the masses and not merely act as news disseminators.

Tearless Modi

Afternoon Voice

January 28, 2014

After the 51^st anniversary of the song Aye Mere …, political parties were discussing whether Narendra Modi or Jawaharlal Nehru was the most sensitive leader.

Lata Mangeshkar who had brought tears in the eyes of former Prime Minister of India Jawaharlal Nehru by singing the song Aye Mere Watan Ke Logon had attended a function to mark the 51^st anniversary of the popular patriotic song at Mahalaxmi Racecourse. However, this time when Lata sung the same song tears were not visible in BJP’s prime ministerial candidate Narendra Modi’s eyes. Thus a question which arises here is was Nehru very sentimental leader?

Sachin Sawant, Congress Maharashtra spokesperson said, “Former Prime Minister of India Jawaharlal Nehru had patriotic feelings for the nation hence tears came from his eyes after hearing the song ‘Aye Mere Watan Le Logo, Jara Aankh Main Bharlo Paani’. We can’t compare Narendra Modi and other BJP leaders with Nehruji because he was a proud about being Indian. Tears will only arrive from the eyes of that person who is concerned about the nation and its people. There is huge difference between Modi and Jawaharlal Nehru.”

Satish Singh, a resident of Charni Road said, “Politicians are organising events only for pursuing the interests of their party. Modi had invited Lata Mangeshkar only for the sake of garnering publicity. If he is a true Indian like Nehru then tears would have arrived from his eyes as the song reminds us about martyr soldiers who sacrificed their lives for the sake of the nation.”

Rajan Patil, a bank employee said, “Nowadays political parties lack patriotic feelings. The song is very emotional that tears will come out of the eyes of any Indian. I am surprised why not a single drop of tears came from Modi’s eyes.

Rohit Tiwari, a T.Y.B.comstudent said, “It is really embarrassing to hear to find no expressions Narendra Modi after hearing the song. I am confused what to say about such selfish politicians. But all I can say that political parties have become self-centred as nobody bothered about the nation.”

BJP MLA from Borivali Gopal Shetty said, “People are crying today just because Nehru had cried earlier. Nehru was not a strong leader hence tears had arrived from his eyes. Modiji is too strong and doesn’t was to depict that he is weak and controlled his emotions.”

The song, composed by C Ramachandra, was written by Kavi Pradeep in honour of Indian soldiers who lost their lives in the 1962 war with China. Lata Mangeshkar, 84, famously sang the song in the presence of Nehru at the Ramlila Maidan in New Delhi, on January 27, 1963.

Rahul Gandhi’s confidence in defeating BJP will work as tonic for Congress

Vaidehi Taman

January 28, 2014

Rahul Gandhi’s first television interview was comparatively much better than the seasoned politicians. He was quite composed, not seen nervous at all and without any reservations answering Arnab Goswami’s questions. Big leaders like Narendra Modi, who ran away from interviews due to too much nervousness inspite of having adequate experience of facing camera and media. I want to be little adamant on my opinion by saying that Rahul’s first interview was much more appreciable than those seasoned politicians of today’s time. BJP have issues with Rahul after his interview; they say he was ill-informed about the 1984 anti-Sikh riots. Rahul, in an interview broadcast on Monday night, had said the difference between the 1984 riots and the 2002 riots in Gujarat was that in the former, the government was trying to stop the violence while in Gujarat, the government was abetting and pushing the riots. Arnab put him in fix by asking, do you agree with Manmohan Singh’s statement on Modi over Gujarat riots. If Rahul says agree then the debate, if he would have said, no I disagree, then too BJP would have made fun of him. Rahul Gandhi actually did not accused Modi’s government of ‘abetting’ 2002 riots, but he showed agreement with Manmohan Singh’s statement.

Arun Jaitley came out in a hurry, compared 2002 riots with 1984 anti Sikh riots. He said in Gujarat action has been taken against convict but still cases are pending and no action has been taken in 1984 cases. In 1984, police hardly fired at the rioters, it was in collusion with the government. In Gujarat, 300 rioters died in police firing. Around 65,000 rioters were arrested in Gujarat… more than 4,000 cases have been charge sheeted and hundreds have been convicted. Everyone knows, Modi may not be personally involved in the riots spread across Gujarat post-Godhra because it is unthinkable of any CM in his office. Operation Bluestar was necessitated by some Sikhs using the Golden Temple for storing weaponry and for fighting purposes. Possibly, this was what provoked the Gandhi killers. But Post-Gandhi assassination, a deep frustration about the Sikhs set in all across the nation in general and especially in the national capital. If the Congress kept mum, there was a reason for it, as Indira Gandhi was their leader too. In both cases, many innocent people were killed. Rahul ought to have heartily apologized to the Sikh community for 1984 riots. Rahul Gandhi did all the attempts to visit Punjab again and again, and apologized to people for whatever happened. So far, even remotely on the moral grounds, Modi never did so. Many were convicted in 2002 riots, and no Congressman has ended in jail because of 1984?

Coming back to Rahul’s interview, for the first time I saw Arnab was so well-mannered and calm to anyone while taking interview and he himself was giving point and chance to Rahul to comment in favour of Congress. Rahul might have evaded direct answers to the questions. The interview gives a clear image of Rahul’s simplicity and clean approach. During an interview, it was not difficult to understand why Rahul was taking a safe stand. Whatever is the uproar, BJP must realize that Rahul Gandhi has nothing to lose in the upcoming elections. Rahul very specifically told Arnab that when asked about Modi fear factor, he has an aim that he do not like what he see in Indian politics. It is something that is inside his heart. It is like in our mythology when they talk about Arjuna, they only see one thing, and they do not see anything else. He sees that the system in this country needs to change, he don’t see anything else and blind to everything else. He prefers to be blind because he saw his own family destroyed by the system. One should understand that what he lost during the process of his political journey. He wants to bring some changes in the system by fighting against all odds. He is least bothered about Modi or BJP as fear factor. Arnab was too much reluctant to make him say that the Congress party is not prepared against Modi but Rahul Gandhi very smartly shut him off. Rahul has clearly stated that the idea that a party represents is much more important than any person belonging to the party. He also said that, the fight is between one ideology with another ideology. Those who fail to understand this, trap themselves into unnecessary questions and comparisons that promote personality cult and hero worship. Taken as a whole, he seems to make a clear point that the basic processes and thinking which we use to select and judge as a leader is flawed. Unless this is corrected, we cannot expect anything better than what is happening right now. When the Congress party willingly not taken any decision to name Rahul as the PM candidate, then its totally unfair to make Rahul vs Modi comparisons by any media. Hence, it does not matter what Rahul has achieved or not. What matter here is, the principles that will guide the politics of this country. We Indians always speak in jingles, speak eloquently and boast ourselves. We don’t need people who can talk for hours together without any substance, who heap abuses, on other party leaders, who keep saying rulers are bad, rulers are corrupt, blah, blah. Rahul was indeed clumsy and refused to drawn into direct conflict with Modi. I think, he did the right thing. Goswami should have concentrated on bringing out the strategy of Rahul or his views on governance than finding out on his views on Modi and Gujarat riots. The whole interview was not properly structured and was a waste of time. Rahul is not known for his speaking skills, just like his father. No use in expecting fireworks from him. Rahul showed patience and seriousness about his agenda for change in system. Like his father Rajiv Gandhi, Rahul is serious student of grass root politics.

Anyways, I never expected BJP to come down to such a level and attack on this interview so strongly. Since 1947, India has witnessed many riots. Even Mahatma also failed to control brutal killings. No riots can be justified as fair or unfair by anyone. They are always a scar on humanity. However, it’s a surprise that some people are totally tolerable to Sikh riots because there were repercussion of assassination of then PM and keep talking of Gujarat riots now to pull down a leader who is capable of a lot more than what current government is doing. Riots and wrongs are the evident inhumanness to mankind. Sufferers are nowhere related to politicians or politics. We should stop it here and think out of box. As a youth of this country, I need to let go (but not forget) and move towards better future.

HC to frame issues on April 7 on probate suit on Thackeray will

Afternoon Voice

January 28, 2014

The Bombay High Court said it would frame issues on April 7 on the plea made by Shiv Sena president Udhav Thackeray seeking probate of the will of his late father Bal Thackeray, and also on the application filed by his brother Jaidev, opposing the probate.

A probate petition is filed to get the will of a deceased person certified by the court. The matter came up before Justice RD Dhanuka, who granted time to both the sides for filing additional documents.

The legal dispute between the brothers is over the distribution of family property which includes bank deposits and Thackeray’s bungalow ‘Matoshri’ in Bandra.

Uddhav, anointed as the party’s Executive President by his father in his lifetime, moved the Bombay High Court to probate Bal Thackeray’s will this month. The Sena patriarch died on November 17, 2012.

But the probate petition of Uddhav has been now converted into ‘a testamentary suit’ as Jaidev, who has not been left any share in the property by the will, has opposed it. Bal Thackeray’s estate, as per the will, includes property and bank deposits, collectively worth Rs. 14.85 crore.

Jaidev, the estranged son of Thackeray, has contested the will, saying that the property is worth much more, and the bungalow itself is worth Rs. 40 crore.

Under the will, Bal Thackeray has given the first floor of the bungalow to his grandson Aishvarya, the son of Jaidev and his divorced wife Smita. The second floor has been bequeathed to Uddhav and his sons Aditya and Tejas. The ground and third floors have been given to Uddhav.

But it gives no share to Jaidev and Madhavi, the widow of Thackeray’s eldest son Bindumadhav who died in a road accident some years ago. Madhavi has not contested the will.

Former Sena MP and senior advocate Adhik Shirodkar, lawyer Anil Parab, architect Shashi Prabhu and Ravindra Mhatre, former personal assistant to the late Sena supremo, have been named executors of the will. Dr. Jalil Parkar, his personal physician, is the witness in whose presence Thackeray signed the will.

There should be no toll collection, Navi Mumbai mayor says

Afternoon Voice

January 28, 2014

With anti-toll protests simmering in Maharashtra, the mayor of Navi Mumbai has joined the chorus for doing away with the system of collecting toll in the state.

“We are against the toll system. There should be no tolls. These are policy decisions taken by state and central governments,” Navi Mumbai mayor Sagar Dnyaneshwar Naik said.

Sagar Naik is a member of NCP, which along with the Congress party, runs the coalition government in Maharashtra.

Replying to a Magicbricks user, who sought the mayor’s opinion on the toll issue, Naik said some of the infrastructure is more expensive in the state and there are many sectors that need development. When we have developed many concrete roads in the city, toll system is not required, he further added.

Anti-toll protests

Suspected MNS activists had vandalized toll posts in at least eight cities across Maharashtra between Sunday night and early Monday morning, after party chief Raj Thackeray asked workers not to pay toll and “crush” the toll gates.

The toll posts were attacked in Mumbai, Navi Mumbai, Thane, Kalyan, Pune, Aurangabad, Sangli and Nagpur.

In view of the strong anti-toll sentiments among people, Maharashtra chief minister Prithviraj Chavan had last week assured that the issue of toll collection would be reviewed and a new policy would be announced soon.

“Since no public hearing is taking place and also the whole process of toll is not transparent, there is some anger among the people. (But) If toll is not collected, highways will not be built. There should be a regulatory authority,” Chavan had said, while speaking to reporters.

Demand from transporters

Terming the toll policy of the government “non-transparent”, an apex transporters’ body AIMTC has also demanded that road contracts on build, operate and transfer structure be brought under the purview of the Comptroller Auditor General of India.

Pitching for replacing the present system with a transparent one, the industry body in a statement asked that appropriate steps be initiated for bringing the road contracts on BOT basis under “CAG scanner and the lapses, leakages and unmindful concessions to the private players be curbed in the interest of people of the country.”

MNS Workers Vandalise Bandra-Worli Sea Link, 16 Arrested

Afternoon Voice

January 28, 2014

Wielding sticks and hurling stones, hordes of MNS workers today vandalised a toll plaza at the iconic Bandra-Worli Sea Link, even as the state’s police chief said their leader Raj Thackeray’s “provocative” speech that triggered the violence was being examined. Undeterred by warnings of action, over 50 MNS workers arrived at toll booth on the sea link in cabs, threatened the staff, ransacked it and damaged glass windows, a day after damaging over a score toll plazas across the state.

16 MNS workers were later arrested for unlawful assembly, rioting and deterring public servant from discharging duty, Assistant Commissioner of Police S Kolekar said.

Droves of MNS workers have attacked over 20 toll collection centres in Mumbai, Thane, Pune, Nashik, Jalna and Aurangabad since the Sunday night speech of Thackeray in Navi Mumbai where he asked them not to pay the levy and “thrash” those who demand.

“Aadveaale tar tudvunkadha” (if anyone raises a voice, thrash them). Unless you are told why toll is being levied, no one will pay,” Thackeray had said.

In no time, MNS workers, known for their strong arm tactics, were on the streets, brandishing wooden poles and iron rods, pulling down barriers, smashing toll plazas and setting them on fire.
Party MLA Pravin Darekar and 31 of his supporters were yesterday arrested and later released on bail for attacking a booth at Dahisar.

Meanwhile, state’s Director General of Police Sanjeev Dayal has said the alleged speech made by Thackeray that set off a series of violent incidents is under examination.

“We are examining Raj Thackeray’s speech from the legal point of view. We will see if we can take legal action (against Thackeray),” said Dayal.

Deputy Chief Minister Ajit Pawar had warned of stern action against those indulging in violence. State Congress chief Manikrao Thakre had demanded action not only against those directly involved in the violence but also those who incited it.

MNS has been demanding that toll collection be done away with as the government is continuing with the practice despite recovery of the cost involved in constructing roads and bridges without providing improved facilities.

Adarsh Society seeks papers from MoD over land ownership claim

Afternoon Voice

January 28, 2014

The scam-hit Adarsh Housing Society today sought from the Defence Ministry, documents supporting its claim of ownership of land in posh South Mumbai where the 31-storey building stands, failing which they threatened to launch a hunger strike. In a letter to Union Defence Minister A K Anthony, the Society members urged him to furnish documents or make it public within a month or else face agitation.
“All these days, the Defence Ministry has been indulging in a malicious drive of misleading the country and denying to part with documents pertaining to title of the land in question. We call upon you to do so and submit copy of the documents showing title of the land,” the letter states.
Asking the minister to come clean on the issue of ownership of the land, the letter says, “You (Anthony) and your department have been wrongly blaming us for grabbing defence land meant for Kargil war veterans and widows. But did you as a minister before claiming title over the land in question, make enquiries or see any of the documents which present a totally different picture regarding the status of the ownership of the land?”
Some of the documents relied upon by the Society include a December 1958 letter written by the Army to the Maharashtra government seeking for transfer of unclaimed land in Block VI of Colaba where Adarsh building stands; the state government’s reply to the letter in February 1964 refusing to transfer the land and letter from the army headquarters conveyed to the local military authorities asking them to drop proposal of transfer of land.
“Despite all these documents and the judicial commission’s finding that the land belongs to the Maharashtra government, the Ministry is not ready to accept the truth. You are now called upon to furnish documents supporting your claim,” the letter said.
The Society has asked the minister to furnish any document showing that the Ministry of Defence had acquired the land, possession certificate and title documents if any.
Levelling allegations against former Army Chief V K Singh, the Society said, “General V K Singh has misguided you (Anthony) to settle his personal scores with General Deepak Kapoor. You have been merely toeing his line without checking the facts.”
The letter is signed by the managing committee of the Society comprising eight persons including R C Thakur, retired brigadier T K Sinha and former MLA KanhaiyalalGidwani’s son Kailash.

Nirupam seeks reforms in power distribution scenario in Mumbai

Afternoon Voice

January 28, 2014

AICC Secretary and Mumbai North MP Sanjay Nirupam demanded introduction of power reforms to end the monopolisation of purchase and distribution of electricity.

Nirupam, who had recently undertaken a four-day hunger strike to demand reduction in power tariff in Mumbai, said the power reforms must address issues of functioning, costing, pricing of discoms (distribution companies) like RInfra and TATA so that consumers become ultimate beneficiaries of privatisation of the power sector.

In a letter to Chief Minister Prithviraj Chavan, Nirupam said the government must take steps to revamp the constitution and functioning of the regulator/appellate authority.

He urged Chavan to resolve the demands, including that of scrapping of various charges in the electricity bills, extending subsidy to electricity consumers of Mumbai and audit of the discoms.

“Your initiative to provide relief to more than 26 lakh electricity consumers will go a long way in alleviating the sufferings of the common people of Mumbai,” he said adding that the government should work towards providing relief to the electricity consumers, especially those of RInfra.

He alleged that there was a nexus between the regulator and RInfra and demanded a thorough investigation by appropriate agency to unearth complicity between them.

In the absence of any real competition in suburban Mumbai, there is absolutely no justifiable reason why there is an inordinate delay in approving the request of 8 lakh consumers to switch to TATAs by the appellate authority, he said.

“Why should Reliance object to the migrations and why should any authority entertain the objections,” he asked.

Activist to go on fast for protesting against illegal demolitions

Prakash Jha

January 28, 2014

S. Peter Paul Raj, the founder and managing Trustee of Good Samaritan Mission has taken an initiative to oppose the demolitions in city by observing a ‘One Day Token Fast’ at Azaid Maidan on 30th January coinciding with the death anniversary of Mahatma Gandhi.

Peter Paul Raj and his associates condemned the demolitions and said that ‘Demolitions are a National Loss’, and a threat to the stability of society. In addition, he and his associates are of the opinion that the present ‘Systems of Contractual Labour are Equally Hazardous’ as has been prove time and again.

According to Peter Paul Raj, “The intention of our NGO is not to interfere with the normal working of Maharashtra government. The only intention is to find a way to stop this unwarranted loss. In future such mistakes won’t be repeated.”

The mission plans to network with social workers working for other NGO’s, individuals who support this vision and affected people. We also aim to create awareness by visiting the societies not to buy the flats which are illegal as they may have to undergo heavy losses due to demolition.

When asked why he had opted for a one day hunger strike Peter Paul Raj replied, “We want make people aware about the loss of property within a day. If we receive good response from public then I might go for an indefinite protest to providing justice to the common man. The government should form a committee for monitoring illegal development so that nobody incurs loss due to demolition activities.”

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