Court: Can’t Rule Out False Implication in Aditya Pancholi Case

A sessions court on Wed. adjourned hearing in the anticipatory bail plea filed by actor-producer Aditya Pancholi in an alleged rape case registered against him by an actress in June.

In the previous hearing on the plea last month, granting Pancholi (54) interim pre-arrest bail, the sessions court had observed that false implication could not be ruled out. The sessions court took into consideration that on June 25 a magistrate had issued process against the actress in a defamation case Pancholi had filed against her in 2017. The sessions court also said that the allegations made by the actress also pertained to incidents from 2004-09.

“Considering that there is a considerable delay in lodging the report & as the present report has been lodged after the issuance of process by the magistrate against the victim, that too the very next day, false implication of the applicant (Pancholi) cann’t be ruled out at this stage. The applicant has thus, made out a prima facie case for granting pre-arrest bail at this stage,” the sessions court had said.

On Wed, the sessions court adjourned the hearing after the actress’s advocate submitted that the intervention application opposing his plea was wrongly filed in the name of the actress’s sister. The lawyer told the sessions court he wanted time to rectify the mistake & file the appropriate application. Considering the submission, the sessions court adjourned the hearing to Sep 9.

On June 27, the Versova police had registered a case of rape, extortion & criminal intimidation, among other charges, against Pancholi.

Bombey High court asks Devendra Fadnavis govt is Minor in tribal belt getting nutritious food.

A division bench of Justices N H Patil and G S Kulkarni of Bombey High court has sought to know from the Maharastra BJP government to know from the Maharashtra government  regarding the distributes nutritious food to children and lactating mothers living in the tribal belt of the state. The court  raised the question earlier this week while hearing a bulk of PILs highlighting increase of graph in malnutrition deaths and illnesses among the population living in the Melghat region of Vidarbha and other tribal areas across the Maharashtra.

Different benches of the high court have passed several orders on the issue over the last two years, directing the government to ensure that people in the tribal areas get adequate nutritious food, proper health care, sanitation and education facilities.

The court took the chart on record and asked government about its planning and policies  to know what needful exercise being taken to provide food to children and lactating mothers.

On July 17, the government submitted before the HC a chart indicating the number of health camps held in Melghat, Amravati district, to address the issue of malnutrition.The chart also shows about the government  strategy to take appropriate steps for the children, new born, and women so as to provide them medical aid.

“The government pleader shall take instructions as to whether the departments concerned of the state machinery distribute nutritious food to children and lactating mothers,” the court said.

The bench posted the petitions for further hearing on August 1.

The Higher court also instructed government to keep checking and put a close watch on the departments of the state machinery distribute nutritious food to children and lactating mothers.

 

 

Mumbai: Inquiry ordered in Kamla Mills compound fire; 5 officials suspended

The BMC on Friday suspended five of its officials in connection with the fire in a Central Mumbai pub that claimed 14 lives. The civic body in the recent past had sent a few notices to the joints at the Kamala Mills compound for violation of norms.

Earlier last night, a fire that started at a rooftop pub hosting a birthday party spread rapidly through the building, killing 14 people, most of them women, shortly after midnight in lower Parel.

The fire, which also injured 21 people, started after 12.30 am in the “1 Above” pub on the terrace, and spread to Mojo pub on the third floor….one level below.

Most of the victims, who included 11 women, died of asphyxiation. The fire was brought under control after several fire tenders and water tankers were deployed on the spot.

FIR has been registered against the owner of the pub under 304 of the IPC which amounts to culpable homicide. The cause of the fire is being ascertained.

The building, in Central Mumbai, houses some commercial establishments including hotels. The building also houses several media houses like Mirror Now, ET Now and Zoom.

Maharashtra CM Devendra Fadnavis took stock of the situation at the site of tragedy and said that 5 BMC officers have been suspended for negligence in averting the fire mishap.

President Ram Nath Kovind has extended condolences to the bereaved families and wished the injured an early recovery. In a tweet he Commended the valiant efforts of fire-fighters and those in rescue ops.

Prime Minister Narendra Modi has expressed anguish over the fire in Mumbai. In a tweet he said “My thoughts are with the bereaved families in this hour of grief. I pray that those injured recover quickly.”

Union minister of state, Hansraj Ahir has said that the state government has acted swiftly, following the fire in Kamala Mills in Mumbai. He said that those behind the lapse responsible for the tragedy will not be spared at any cost.

Harassment for loan repayment amounts to abetment of suicide: Bombay HC

Harassment for loan repayment amounts to abetment of suicide: Bombay HC
Harassment for loan repayment amounts to abetment of suicide: Bombay HC

Rejecting discharge pleas of two money lenders, the Bombay High Court has said that continuous verbal and physical abuse and repeated demand for return of money amounts to abetment of suicide.

Justice A M Badar was recently hearing a petition filed by Gurunath Gawli and Sangita Gawli, both licensed money lenders, seeking discharge from a case of abetment of suicide.

The duo were accused of assaulting and intimidating Umesh Bomble, a city resident, and abetting his suicide in September 2014.

His wife Sunita had filed a complaint against the duo.

According to the prosecution, the victim had taken a loan of Rs 19 lakh from the accused. When he failed to repay, the duo allegedly harassed him and on various occasions verbally abused and even assaulted him.

“A prudent family man when meted with such treatment day in and day out would certainly think of committing suicide,” Justice Badar said.

“The conduct of the accused persons in assaulting the deceased for getting back the loan amount appears to be wilful and its gravity seems to propel or compel a person of ordinary prudence to commit suicide,” the court said.

The court noted that continuously attacking a family man, both verbally and physically, in presence of his family members at his home and at his work place amounts to “instigation and provocation” to commit suicide.

“Cornered to a wall by such behaviour of the accused, the victim Umesh was bound to think that it is better to die rather than suffer such humiliations in front of his children and other family members,” said Justice Badar while dismissing the discharge plea.

( Source – PTI )

SC nod to terminate 24-week-old foetus citing medical reasons

SC nod to terminate 24-week-old foetus citing medical reasons
SC nod to terminate 24-week-old foetus citing medical reasons

The Supreme Court today allowed a Mumbai-based woman, who is in her 24th week of pregnancy, to undergo termination of the foetus as it does not have a skull.

A bench of Justices S A Bobde and L Nageswara Rao allowed the 22-year-old woman to terminate her pregnancy while taking into consideration the report of medical board of King Edward Memorial hospital in Mumbai which suggested that the foetus would not be able to survive without the skull.

“We consider it appropriate and in the interest of justice, particularly the right of the petitioner to perserve her life by permitting her to undergo the termination of preganancy under the Medical Termination Of Pregnancy Act,” the bench said.

The bench also directed that the termination of pregnancy be performed by a team of doctors of the hospital which shall maintain a complete record of the procedure adopted in the matter.

Referring to the report of the seven-member medical board, the bench said, “the medical evidence clearly suggests that there is no point in allowing the petitioner to run in full course since the foetus would not be able to survive outside the uterus without a skull.”

The woman had approached the apex court seeking permission to undergo the termination of pregnancy citing abnormalities in the foetus.

( Source – PTI )

Suspended ATS cop alleges two Malegaon blasts accused no more

Suspended ATS cop alleges two Malegaon blasts accused no more
Suspended ATS cop alleges two Malegaon blasts accused no more

A suspended Maharashtra ATS officer told a court in Solapur that two of the absconding accused in 2008 Malegaon blasts case are dead but are falsely shown as “alive” by probe agencies.

Mumbai Anti-Terrorism Squad’s former senior inspector Mehmood Mujawar has, in an application filed in August before a magistrate court in Solapur, alleged that Sandeep Dange and Ramchandra Kalsangra, accused in the Malegaon blasts case, are “no more”.

Notably, Mujawar was suspended after a case under Arms Act and criminal intimidation was filed against him in a Solapur court.

Mujawar, in his application submitted before the Magistrate court, said, “Sandeep Dange and Ramji Kalsangra are in fact no more but are shown alive in Malegaon bomb blast case by high ranking police officers.”

The application was filed in the court by Mujawar on August 19 this year seeking early disposal of the case under Arms Act registered against him.

Mujawar, in his application, alleged that the case was filed against him as a conspiracy and was a pressure tactic as he wanted to reveal the truth about the death of Dange and Kalsangra.

When asked about Mujawar’s claim, former ATS chief K P Raghuvanshi rubbished it saying, “I don’t even remember who this Mujawar is or if he was even part of the team that investigated the case.”

“At least, in my tenure in ATS, nothing of this sort has happened,” Raghuvanshi told PTI.

A retired police official, who has worked in the ATS, questioned Mujawar’s claim, asking as to why the allegation is being made now after eight years.

“Who had stopped this official from revealing these important facts before. We must not believe these claims,” the official, requesting anonymity, said.

A bomb strapped to a motorcycle exploded in Malegaon on September 29, 2008, killing seven people and injuring around 100.

( Source – PTI )

Bombay HC sets up panel to inspect 2 kids’ homes in Mumbai

Bombay HC sets up panel to inspect 2 kids' homes in Mumbai
Bombay HC sets up panel to inspect 2 kids’ homes in Mumbai

The Bombay High Court has set up a committee of representatives of NGOs to visit two children’s homes in the city to ascertain whether cleanliness is maintained and proper hygienic food is served to the inmates.

Dr K P Asha Mukundan, Director of `Resource Cell for Juvenile Justice’ at the Tata Institute of Social Sciences, would head the committee, while other members would be nominated by ‘Audience of One Foundation,’ ‘Project Ashiyana’ and ‘Ojus Medical Institution’, all NGOs.

The panel will visit the Umerkhadi Observation Home and the Dongri Children’s Home in the city regularly and see whether cleanliness is maintained and proper food is served to the inmates, said a division bench of Justices Abhay Oka and P D Naik last week on a suo motu (on its own) PIL based on media reports about these institutions.

“The committee shall make at least one or two visits every month without notice,” the judges said.

Advocate Rajiv Patil, acting as amicus curaea (friend of the court), informed during the hearing that an Industrial Training Institute (ITI) at suburban Mankhurd where these children are given training is now virtually closed.

Government pleader Anurag Gokhale submitted a report by the Chief Officer of Children’s Aid Society which says that since December 2015, short-term courses has restarted at the ITI.

( Source – PTI )

Mumbai metro fare hike case deferred till June 20

mumbai-metro11The Bombay High Court on Tuesday deferred the metro fare hike case till June 20.

Earlier, the court extended till April 12 the stay on the proposed fare hike of the Mumbai metro rail owing to the recent recommendations made by the Fare Fixation Committee (FFC) constituted by the Centre.

The metro commuters have been paying existing fares after the High Court had on December 17, 2015, refused to allow its operator to hike fares owing to the recent recommendations made by the FFC.

It sought to hear the matter in-depth before finally deciding if the fare hike as desired by the Reliance-Infrastructure (RInfra)-led Mumbai Metro One Private Limited (MMOPL) is justified.

The FFC had allowed the MMOPL to charge a tariff of Rs. 10-110 for the 11.4-km Versova-Andheri-Ghatkopar metro in July 2015.

Based on the committee’s recommendations, the MMOPL had announced a maximum fare hike of Rs. five from December 1, 2015, taking its maximum tariff for single journeys to Rs. 45 from the current Rs. 40.

The three-member committee was constituted to resolve the long-drawn fare fixation issue between the state government’s Mumbai Metropolitan Regional Development Authority (MMRDA) and MMOPL. (ANI)

Relief denied to doctor-duo who guaranteed pregnancy with IVF

Relief denied to doctor-duo who guaranteed pregnancy with IVF
Relief denied to doctor-duo who guaranteed pregnancy with IVF

The Bombay High Court today refused to grant interim relief to a doctor couple running an IVF clinic in south Mumbai whose licenses were suspended for three months for promising guaranteed pregnancy and offering refund if the treatment failed.

The Maharashtra Medical Council had suspended the licenses of the doctor couple Aniruddha and Anjali Malpani following complaint from the Advertising Standards Council of India that the couple in their official website had promised childless couples going for IVF treatment guaranteed pregnancy. The website also assured the couples a full refund of their money if the treatment did not work.

The couple approached the High Court challenging the suspension order and sought as interim relief permission to continue treatment of those patients whose procedure has already started.

A division bench of justices S C Dharmadhikari and G S Kulkarni, however, observed that they were not experts and would not want to comment on such a “delicate and sensitive” issue.

The court noted that the couple cannot play with the emotions of childless couples.

The court posted the petition for hearing on April 29 and directed the Maharashtra Medical Council to file their detailed affidavit.

( Source – PTI )

Court rejects ED plea for Bhujbal’s further custody

Chhagan Bhujba
Chhagan Bhujba

Mumbai, A court here today rejected Enforcement Directorate’s plea for further custody of former Maharashtra Deputy Chief Minister of Chhagan Bhujbal, arrested in a money laundering case, saying sufficient grounds were not made out for this.

ED had sought seven more days custody of Bhujbal but judge P R Bhavke of the special court for Prevention of Money Laundering Act cases sent the senior NCP leader in judicial custody till March 31, saying “sufficient ground was not made out for further remand”.

Bhujbal, arrested on March 14, will be lodged in high- security Arthur Road jail here now.

Bhujbal told the court today that statements of some of the witnesses were lies and concocted stories.

Referring to the statement of one of the witnesses who is employee of the Mumbai Education Trust controlled by the Bhujbal family that he had seen bags of cash being brought to the office, Bhujbal questioned what was he doing there.

“I had gone gone to MET office’s guest house late in the night (that day) as I had to catch a flight early in the morning. What was this witness….doing there late at night when the people at MET leave for home at 5.30 pm?” he said.

The NCP leader also complained that yesterday ED officers recorded his statement till 4.30 pm and again turned up to question him further at 11.30 at night.

“I told them they can take my statement early in the morning today. I woke up early today. I told the ED officials that we have to go to the court today, so why were they delaying. They said they were busy with other work and kept me waiting,” he told the court.