Protect students' interests: Maharashtra governor

MUMBAI: Former union minister for social justice and empowerment Mukul Wasnik and a group of MLAs from Vidarbha met Maharashtra governor K Sankaranarayanan to discuss the issue of students of the Rashtrasant Tukadoji Maharaj Nagpur university.

The delegation expressed concern over the fate of students from the Nagpur University who had taken admission to colleges that have been blacklisted by the university and now face the prospect of denial of permission to take examinations. The delegation sought the governor's intervention in permitting students to appear for the examinations conducted by the university.

Noting that the matter was sub-judice, the governor asked vice-chancellor Dr Vilas Sapkal to prepare a scheme to ensure that the academic interests of students would be protected and to submit such proposal for the consideration of the high court.

Minister Rajesh Tope informed the governor that most colleges blacklisted by the Nagpur University were not actually functioning. He urged the MLAs to cooperate with the university authorities in finding an amicable solution to the problem.

The governor asked Tope to deal with the larger issue of appointment of under-qualified teachers by colleges and the resultant impact on the quality of higher education in the state. The minister assured the governor that the state government was already working on a scheme in this regard.

Members of the state legislature Chainsukh Sancheti, Dr Namdeo Usendi and Ramratanbapu Raut, principal secretary, higher and technical education department Sanjay Kumar and vice-chancellor of Nagpur University Dr Vilas Sapkal were present.

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Maharashtra Pollution Control Board sets up panel to survey Ulhas river

MUMBAI: The Maharashtra Pollution Control Board has set up a five-member committee to survey polluting industries discharging untreated effluents in the Ulhas and Waldhuni rivers. The committee has been set up on the orders of the National Green Tribunal (NGT) and a report is to be submitted within two months. The NGO Vanshakti had filed an appeal before the NGT to restore the Ulhas river.

The members include Professor Virendra Sethi from IIT, Powai, Dr Rakesh Kumar, NEERI, B P Salunkhe, Regional Officer, MPCB, Kalyan, Ashwin Aghor, director, Vanshakti and MPCB officer Nilesh Patil is convenor.

The terms of the committee include inspecting MIDC and industries in the Ulhas river basin.

Identifying polluting industries in the area which are discharging effluent in the Waldhuni and Ulhas rivers. The committee has to complete the survey within two months and submit a report to the MPCB. It will also suggest further line of action including short term and long term measures for mitigating the environmental pollution of Ulhas river basin.

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Emergency Medical Services to be launched today

MUMBAI: The state's ambitious Emergency Medical Services will be launched today by chief minister Prithviraj Chavan. The inauguration is at Marine Drive near the Police Gymkhana.

Citizens will be able to dial 108 in case of an emergency to call for a free ambulance service. The state will deploy 937 ambulances across the state for the purpose. Of these 233 are advanced life support ambulances.

Every ambulance will be equipped with a doctor and para-medic staff. In urban areas the ambulance will be available at the accident spot within 20 minutes while in rural areas it will reach within 30 minutes.

In Mumbai, 70 ambulances will be deployed immediately. Thereafter, another 70 will be added, said health minister Suresh Shetty.

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Chhagan Bhujbal denies charge

MUMBAI: Maharashtra public works minister Chhagan Bhujbal has denied any wrong doing in the construction of the Maharashtra Sadan at Delhi.

In a press release he said the recommendations of the Public Accounts Committee of the state legislature was nothing but a political conspiracy on the eve of the Lok Sabha elections.

He accused PAC chairman Girish Bapat of the BJP of making the allegations to help his colleague Kirit Somaiya who had earlier made similar allegations.

"Without giving up an inch of government land and without spending a single rupee from the government treasury to claim that the government has suffered a loss of Rs 5000 crore is outrageous. The profit that the developer will make is from the slum rehabilitation scheme which several other developers are making across Mumbai," he said.

Bhujbal added that it was for the first time in the history of the PAC that such decisions, conclusions have been drawn by the PAC. "The senior most legislator from the Opposition is appointed as chairman of the PAC not for settling political scores," he said.

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JNPT has a new chief

MUMBAI: N N Kumar (IRS) has been appointed Chairman, Jawaharlal Nehru Port Trust (JNPT).

He was earlier deputy chairman, JNPT.

Kumar joined JNPT in 2010 and was chairman-in-charge from March 2010 to September 2010 and also from May 2013 to February 2014.

He is a post-graduate in Science from Patna University and has been awarded Fellowship of CSIR, Delhi. After joining Indian Revenue Service in 1984, he worked in various capacities at Kolkata, Mumbai, Delhi, Nagpur, Agra and Aurangabad. He has headed Special Investigation Units for Tax Enforcement.

At JN Port, he has overseen the implementation of various important projects like Fourth Container Terminal, 330 meter Container Berth, widening of roads etc. An additional Liquid Cargo Terminal is also at an advanced stage of tendering and Phase-I of the Channel Dredging Project is nearing completion well ahead of the completion period.

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Report on irrigation scam submitted

MUMBAI: A 1,361 page report on the alleged Rs 70,000 crore irrigation scam was submitted to chief minister Prithviraj Chavan on Saturday. Noted hydrographer Madhav Chitale who led the Special Investigation Team presented the report to the chief minister.

He also sought a fortnight's time to submit an executive summary of the report. Though the cabinet is meeting on Monday morning, as the election code of conduct is expected anytime during the week, the report is unlikely to be raised in the cabinet in the absence of a summary.

The committee was set up in December 2012 following a series of expose in TOI and the subsequent resignation of deputy chief minister Ajit Pawar, the chief accused in the scam that unfolded across the state over a decade. However, Pawar returned within three months following a ``clean chit'' through a white paper presented by the irrigation department.

The committee was to initially submit its report in June 2013 but was later given an extension up to December 2013 and another extension up to February 2014. The committee visited 19 irrigation projects across the state and held 30 meetings. It held its last meeting on February 26.

The report comprises two parts: Part I is the main report and Part II comprises annexures.

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Three years on, lifer who jumped parole found with new name

MUMBAI: A murder convict, serving life term in a Nashik jail, jumped parole and went into hiding. His Kalbadevi-based family said he was HIV positive and had died. This excuse could not satisfy the Mumbai police, who finally traced the accused to aSatara jail where he was an undertrial with a new identity.

The Azad Maidan police on Wednesday took the custody of Chandar Naikar (39) and are interrogating him. Naikar is involved in eight criminal cases, including theft, robbery, assault and murder. Sub-inspector Sharad Kumbhar from the Azad Maidan police said, "Naikar was sentenced to life term in 2009 for a 2008 murder. He was detected as HIV positive. After conviction , he was sent to the Nashik central jail. In December 2010, he was released for 14 days on parole. But he did not get back to jail. Jail officials registered a case of escaping from custody with the Azad Maidan police."

"We visited his family but could not get information about him. Last year, his mother said he was suffering from HIV and died subsequently. When we asked them to furnish the death certificate, the family said they would get it and come to the police station," added Kumbhar.

A police team visited his hometown in Karnataka in October. But they returned emptyhanded. In January, cops learned that an aide of Naikar, Manik Kasbe, was arrested by the Karad police in a robbery case. Inspectors Haridas Kumbhar and Sharad Kumbhar left for Satara prison and found that Kasbe was arrested in the case with seven others. When cops checked the file of the arrested men, they found a photo of Naikar. But the jail authorities said the man's name was Ganesh Kaundar. "Naikar had changed his identity and destroyed all evidence of him being alive. But he couldn't hide two scars on his face," said senior inspector Narendera Singh. Kaundar later admitted he was Naikar. —Mateen Hafeez

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Only girl can decide nature of touch: HC

MUMBAI: The intention of an accused in a sexual assault case could be gauged only after hearing the victim's version, said the Bombay high court, declining relief to the owner of a popular chain of coaching classes in the city.

A division bench of Justice Naresh Patil and Justice V L Achliya was on Thursday hearing a petition by Machindra Chate of Chate Coaching Classes, urging the court to quash an FIR lodged against him by a student. A chargesheet has also been filed under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC.

The incident took place on January 30, 2013, when HSC students and their parents met him at his Dadar office to complain about the teaching at his classes. According to the complaint, when a student asked him to take responsibility, he allegedly abused her and pushed her away in "such a way that made her feel ashamed".

Chate's advocate K Holambe-Patil argued that the parents had assaulted him following which, he lodged a complaint; it was at that time that Chate learnt that a student had also lodged an FIR against him.

"It was a scuffle, where was the intent to molest her?" Holambe-Patil said. But refusing to be convinced, the judges questioned how the HC could give a verdict that there was no intention to outrage the student's modesty.

"Even if you keep your hand on the shoulder of a woman, it is for the lady to comment on the nature of the touch, whether it was friendly, brotherly or fatherly," said Justice Patil.

The judges also referred to the Rupan Deol Bajaj vs KPS Gill case where the IPS officer was in trouble for his "pat on Bajaj's back". "To say there was no intention is not possible. Her deposition is required. If the girl says there was a misunderstanding, then the situation would be entirely different. Let the girl say why she felt shameful of the act," said Justice Patil.

The judges pointed out that even with the law being amended there was a debate over the recording of a victim's statements as minute details were asked. "That is the reason why victims in many incidents refuse to come forward," said Justice Patil. Indicating that they would reject Chate's plea, the judges said he could file an application for getting discharged in the case before the trial court.

Holambe-Patil said its hearing might take time and that since Chate would be "contesting the elections, his opponents would use this case for adverse campaigning". But he agreed to withdraw the petition with the judges directing the lower court to expeditiously hear his discharge plea.

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HC speeds up trial in Raheja family row

MUMBAI: The Bombay HC on Thursday framed two preliminary issues to be decided first in a suit filed by real estate magnate G L Raheja against his only son. The suit filed by the senior Raheja, over 80 years old, accuses his son Sandeep of trying to "usurp" control of the Rs 11,000 crore real estate family firm.

Justice Gautam Patel said the first issue would be to decide if the suit was filed within the period of limitation, which is three years. The second issue is whether transfer of shares is hit by provisions of the Benami Transactions (prohibition) Act. The reason was because the father said he had given in 2005-06 his 44-year-old son control of 58% shares of the company to get majority control with the understanding that he would continue to remain in "ultimate control" of the company.

The father said the row arose in 2012 when his son disputed the "family arrangement". Sandeep denied existence of any such family arrangement and said he was legitimately 58% shareholder of the entire G L Raheja empire. He also said the transfer of shares was all legal and valid with several dating to the early 1990s. The HC—after being told that the senior Raheja was "old and suffering from serious ailment"—decided to accelerate the trial on the preliminary points and fixed the next date on March 20.—Swati Deshpande

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Bombay HC: Can a woman molest another?

MUMBAI: The Bombay high court on Thursday questioned if a woman can be accused of outraging the modesty of another woman and sought the legal provisions for it.

A division bench of justices Naresh Patil and V L Achliya was hearing a petition by a family of six from Borivli, including 78-year-old matriarch Sarlaben Shah, seeking to quash an FIR filed against them by their neighbour Preeta Jain (55).

It started with a dispute over grilles that the Shahs fitted outside their ground-floor flat, which was opposed by their neighbours, including the Jain family. During an argument, Sarlaben's granddaughter was allegedly assaulted and manhandled. On October 23, 2009, she lodged a complaint of molestation against Jain's son and husband, and an FIR was registered.

A few months later, on February 27, 2010, the Jains also got an FIR registered against the Shahs and the charges included molestation.

In the court, Shah's advocate Pradeep Havnur questioned how two FIRs could be registered for the same episode. "It is absurd that a 78-year-old woman can be accused of molesting another woman," he said.

At that, the judges questioned if a woman could indeed molest another woman and what was the legal position. "This is a serious question," said Justice Patil. "Can a woman molest another woman? Even scientifically? Because there are the allegations. Go through the law. If a woman does commit such an act, can she be tried under the available law for molesting a woman?"

On going through the IPC's Section 354, the judges noted that while the section began with the word "whoever", it later went on to refer to the accused as "he" and the victim as "she". "Can a woman be accused of outraging the modesty of another woman under Section 354? Get the legal position," Justice Patil told Havnur.

The judges said even the amended Section 354A referred to an act committed by a man on a woman.

They later said housing societies must intervene and sort out such problems, instead of the parties filing cross-complaints and coming to the court.

(Names of disputing parties changed)

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