Why delay implementing transplant law, Maharashtra asked

The Bombay High Court on Friday questioned the Maharashtra government for the delay in implementation of the amended Human Organ Transplant Act to reduce wastage of corneas.

Recent amendments to the Act state that a trained technician can remove cornea from bodies that have come for post-mortem after taking the consent of the relatives and there is no need for a medical practitioner.

“The amendment also made it mandatory for all hospitals to request the relatives of the deceased for eye donations,” Additional Government Pleader Niranjan Pandit told that court. “However, the State government has not implemented the amendment yet saying that they have still not received notification from the Central government about the amendment.”

A Division Bench of Chief Justice Mohit Shah and Justice R.V. More questioned the laidback attitude of the government. “It is not necessary for the State to wait for notification… do you have any objection to amendments? If you are having objections we can understand the hesitation.”

“We already have a committee headed by the Dean of Sir JJ Hospital in place to review and frame guidelines on retrieval, preservation and use of cornea. But unless we receive the notification from the Centre, we cannot implement it… Apart from the healthy corneas that can be used for transplantation, many corneas are also needed for clinical purposes of training medical students,” Mr. Pandit said.

The court was hearing a public interest litigation petition filed by Sampat Shetty stating that only 14 per cent of the total eyeballs donated were actually utilised by eye banks. The court has now suggested that the amendment be put up before the Assembly session.

mill workers demand housing ‘no more scams’

MUMBAI: “This march is the result of 30 years of pent up anger and wait for affordable homes for families of Mumbai’s former mill workers,” Jayshree Khadilkar, editor of Navakaal said on Thursday as over 500 workers of 9 unions held a protest march against the state government and National Textile Corporation (NTC) demanding free housing.

“My father worked in a textile Mill his entire life and one day they decide to close and there is no benefit to anyone except the rich owner, what sort of justice is that?” questioned Suwarng Ghadi, who works as a house maid earning Rs 4,000 to help her family pay Rs 5,000 as house rent in Kandiville. Another member of the Girni Kamgar Sangharsh Samiti said that the workers had lost trust in the government, “We have been cheated many times. They meet few leaders, make few promises and we are left minus a home. Many mill workers have died waiting for the state government to keep its promise of finding adequate land to build houses for workers refusing to use the mill land that is lying empty is useless.”

Ms Jayshree said that while over 16,000 homes have been built and ready to be allotted to the mill workers however over one lakh applications were received when the Maharashtra Housing and Area Development Authority (MHADA) began to prepare for a draw of lots. Also lack of any eligibility criteria and pricing of the flats (over Rs 10 lakh) has agitated the workers.

“National Textile Corporation (NTC) had been formed to protect jobs and save the industry from sickness, it is not running the mills, so the land should be used for public benefit not for private gain,” Ramesh Nandkishor of Mukesh mill, Colaba said. He added at present four mills, Apollo Mills and Gold Mohur Mills, Indian United mills no 1 and New City mill are shown to be operative as ‘textile related’ however they are used for storing few sewing machines and in one case storing cotton in a shed. “The NTC through its sale of just 7 mills in Mumbai has amassed Rs. 3999 crores by their own admission. For the revival plan for the entire country that they submitted to the BIFR, they need only Rs. 547 crores.  They have made a staggering profit of Rs 3452 crores, this is a scam,” he added.

Within half an hour of the rally, Police had to take the protesting crowd to the Boiwada police station after they raised slogans and stopped the road traffic by squatting and lying down on the road. “They have the right to march peacefully, but you can not stop the traffic and create nuisance for the public,” a police officer on the spot said. “Six NTC mills, of close to 70 acres area, are lying closed and unsold. We must act before the government cheats us again,” Dattu Iswalkar shouted as police constables pushed the 70 year old in a van.

 Mumbai Police spokesperson Nisar Tamboli said that, “Preventive detention of 68 women and 230 men was done for blocking the highway and 14 people were arrested and later let go on bail.” Jayshree Khadilkar after being released by the police it the evening said that the police has assured the workers that they will fix a meeting with the Chief Minister so that our demands can be heard, we will continue our agitation if this promise is not met.(Eom)

Life term for Telgi

MUMBAI: Local sessions court on Wednesday sentenced Abdul Karim Telgi to life imprisonment for his role in forgery, counterfeiting and cheating in the multi-Crore stamp paper scam.

Telgi, who pled his case via video conference from a Bangalore Jail, said that his health was deteriorating each day, “I am a patient of diabetes, heart disease, kidney problems and my legs are paralyzed. I am in urgent need of a kidney operation and my wife is seriously ill as well.” He prayed for minimum sentence saying that he was the only one responsible his only daughter, who was of marriageable age.

The multi-crore rupee fake stamp paper racket kingpin requested the court to be lenient in ordering a fine, “I am penniless… cannot pay the fine. I have been in judicial custody since November 7, 2011…I pray for leniency.”

Three policemen – KK Parmar, AB Sonwalkar and Ganpat Jadhav – were convicted for insubordination, abetting and allowing Telgi to flee. Parmar has been awarded a jail term of six years, Sonwalker awarded four years term and Jhadav five years for misconduct and insubordination along with a fine of Rs 15,000 each. The charge sheet states that the officers,” failed to comply with the instructions given by the superiors…failed to arrest or interrogate Telgi” and adds that the officers intentionally framed incorrect record by making false entries in the case diaries for closing investigations to help Telgi remain free.

While Iman Chaudhry was acquitted from all charges, the court observed that seven others had undergone six-seven years in jail which that exceeded the term of their charges against them. All the seven convicted, Shabir Shaikh, Mohd. Sayed Yasin, Ramaratan Srinivas Soni, Riyas Ahmed Mokashi, Mallesh Dhulannavar, Sanjay Jayant Gaikwad and Daniel Kanakraj, were fined Rs 10,000 for each of the three cases. Srikant Rane, who was a stamp vendor, was given a total of 11 years of RI in two cases and a total fine of 51,000.

Earlier, the Mumbai sessions court rejected an application to make Union Science and Technology Minister and Congress leader Vilasrao Deshmukh a co-accused in the multi-Crore stamp paper scam. In December 2003, police had lodged an FIR against Telgi and several others, he has been lodged in a Bangalore prison since April 2004, serving varying jail terms that entailed his convictions by various courts.

Fardeen Khan granted immunity in narcotics case

A local sessions’ court on Wednesday granted immunity to Bollywood actor Fardeen Khan in a case registered against him in 2001 for the possession and consumption of cocaine.

The actor had filed for immunity from prosecution before a special Narcotic Drugs and Psychotropic Substances (NDPS) court stating that he had undergone a de-addiction programme at the KEM hospital recently. Charges framed against him were dropped, acquitting him. However, the special NDPS court said that if he was arrested for a similar offence in the future then the immunity against him would be withdrawn. “After 11 years, this judgment has brought a sigh of relief to me and my family, I am grateful to the judge for accepting my application. I will share this happy moment with my family,” the actor said.

Framed

Fardeen was arrested in 2001 by The Narcotics Control Bureau. Charges were framed against him in October last year for attempting to buy cocaine, while the graver charge of possessing over two grams of the drug, that carries a maximum punishment of 10 years in jail, was dropped.

Fardeen’s lawyer, Ayaz Khan said his client was never a habitual user and had in fact undergone rehabilitation.

Teasing Journalists

Refusing to forget his past,reporters asked him what would he do if he was caught taking /buying drug again. After a long pause, the actor gave a stern look and said,”ye koi poochne waalil baat hai(is this a question to ask?)” Soon after he left the entire group wondered why dint he say i am not doing drugs….ever and become an ambassador for no drugs campaign.

courts pull up CBI, ED for lapses in Adarsh scam investigation

MUMBAI: The Bombay High Court, on Tuesday, slammed the Central Bureau of Investigation (CBI) and Enforcement Director (ED) for lapses and delay in the Adarsh Society scam’s investigation.

The court questioned CBI about the delay in investigations that have been going on since January last year, “Why have you not finished the investigation till now? It is a matter where many big names are concerned. You cannot let people question your credibility,” the court said. The agency has been ordered to file a status report on its investigations at the next date of hearing. “If we are satisfied with the status report we will grant you more time to investigate, however if it seems that you are inactive then a special team would have to be formed to probe the matter,” the court stated.

A division bench of Justice P.B. Majmudar and Justice R.D. Dhanuka also summoned the ED to appear before it in the next hearing, saying that ‘he had not moved an inch to probe the money-laundering offences by some members of the Adarsh Society’. The court questioned why the ED office did not probe the issue independent of CBI’s investigation. “Why are you depending on the CBI? You are a separate agency and can conduct probe independently,” Justice Majmudar said.

Terming the ED as a ‘mute spectator’ the court said, “There is a serious lapse on the agency’s part …It reflects a sorry state of affairs,” the bench observed. The court was hearing petitions filed by social activists Simpreet Singh and Pravin Wategaonkar that sought orders to the Enforcement Director (ED) to probe money-laundering offences and also court’s intervention to supervise the investigations into the scam.

The CBI lawyer, Mandher Goswami stated that the delay was caused because several of the 104-member housing society transactions were benami and the agency needed time to go through the documents of all transactions. The court ordered CBI to produce the names and complete details in the interim report on 12th March. The court also asked why the Maharashtra government was not cancelling the allotments to members who bought benami flats in the society. Public prosecutor Pandurang Pol informed the court that the government would look into the matter after the CBI report is submitted to them

7 sentenced for life imprisonment

MUMBAI: The Sewri Sessions Court on Tuesday sentenced seven persons, convicted of murdering a suspected police informer, to life imprisonment.

Irfan Maqbool Hasan Khan alias Irfan Chindi was stabbed to death on April 3, 2009 near his residence at Nagpada. Yusuf Khan Kasam Khan, Irfan Abdul Rauf Shaikh alias Irfan China, Suleman Moiddin Shaikh alias Pappe, Shakir Ahmed Abdul Khan alias Kalu, Jakir Ahmed Shakir Khan, Mohammed Ibrahim Sayyed and Mohammed Taufik Shafi Shaikh were arrested in connection with the murder.

According to police, Chindi was a top informer and was close to the slain police inspector Vijay Salaskar, who was killed in 26/11 attack. The prosecution examined 18 witnesses including three eye witnesses

supriya sule’s citizenship row, fresh notices served

MUMBAI: The Mumbai high court on Monday served fresh notice to the Singapore Consulate General’s office to provide all the relevant documents in the case of Supriya Sule’s citizenship by 2rd March adding that ‘they should not test the court’s powers’.

The court was hearing an application of Mrunalini Kakade, which alleged hindrances in gathering information with respect to Supriya Sule’s citizenship. The initial petition, of Mrinalini Kakde challenged Sule’s election to Lok Sabha from Baramati in 2009, stating that Ms. Sule’s election be declared null and void, as she was a non-Indian after acquiring citizenship of Singapore by buying property there.

“They should not test the power of the court, court has many other methods…They should not feel that they can avoid (submitting documents),”Justice JH Bhatia said. The high court issued a fresh letter of request to Mahendran Muthusamy, councillor officer in the Consulate General’s office, for deposing before HC, and directed him to produce all documents pertaining to the citizenship status of Sule.

Previously Ms Kakade had alleged that documents pertaining to the citizenship of Ms Sule were not being provided because of her father, Nationalist Congress Party (NCP) chief Sharad Pawar’s influence.

The court had earlier ordered the councillor officer to provide all the relevant documents after the Councillor officer of the Singapore Consulate in Mumbai and the Emigration and Check-point authorities in Singapore but both claimed to be “unable to accede to the request” of providing information about the citizenship of Ms. Sule.

death of an activist

MUMBAI: Three days after Premkant Jha, a Right to Information (RTI) activist working to reveal land scams was shot dead in broad daylight in Virar, police is clueless on attackers or the motive.

The 42 year old, who was shot dead on Friday, was initially suspected to be a causality of road accident and Police had registered a case of accidental death. But Jha’s family members suspected foul play as an injury mark seemed like a bullet hole. A post-mortem investigation at J J Hospital confirmed that he had died of bullet injury; police later filed an FIR against unknown assassins.

Premkant Jha, was the national public relations officer of the Bhrashtachar Atyachar Virodhi Samiti and had been using RTI to collect information on land grab and illegal construction in the area of Vasai, Nayasopara and Virar. “He had unearthed many scams and this made him an obstacle for the land mafia. Police was given a suspect list of six people but none of them have been questioned, rather the people he (Jha) knew are being asked about their role,” Sanjay Pathak, from India against Corruption said. Jha’s family has left for Gaya to perform his last rites.

“The investigations are on and we are speaking to people he was last seen with and the suspects, however no arrests have been made so far,” Y S Bagwan, Inspector of Virar Police stations said. He added that the police as aware of the family’s allegation that land mafia might have killed him however it was too soon to confirm or reject their belief. “There was no lack of corporation from either police or hospital staff, it looked like a case of hit and run and the bullet was lodged right under his skull and could not be seen from naked eye. Also he was bleeding profusely so the local hospital referred him to a hospital that had all the facilities,” he said.

Sanjay Pathak, an India Against Corruption (IAC) activist working in the Vasai-Virar belt, said: “Had it not been for our insistence on the autopsy report, the police would have dismissed it as a case of accident. The manner in which an activist can be shot in broad day light speaks of the confidence that mafia has and the inability of Police, why else would so many activists in the state have also be killed, attacked and threatened?” Mr Pathak said.

BMC elections- the quiet affair

MUMBAI:  The Brihanmumbai Municipal Corporation (BMC) elections went peacefully as votes were cast for 2,200 candidates that stood for 227 seats.

“Barring few stray incidences the day was peaceful and no news of any violence was reported,” M U Dalvi, spokesperson of Mumbai police said. He added that the police control room received many calls however there was not any case of election related disturbance, “The polling was peaceful all through,” he said on Thursday evening after the voting was over in all the election centers.

Twenty year old Golandam Nauman pushed his 92 year old grandmother, Shareefa Bi Hussain’s wheelchair to the Nagapada polling center so she could cast her vote. “She said she wanted to vote so I drove her to the center and then I realized that there were few more people like her in our neighborhood. I could not vote as my name was missing from the list so I thought of compensating this way,” he said.

”Even as party workers helped the voters find their exact booth by setting up help desks near the canters, places like Cusrow Baug saw a low turnout. “People have lost hope, when all the options are inconsequential why should people vote?” a senior citizen residing in Cusrow Baug, Colaba said. However, polling booths in Indira Nagar, Kurla saw long queues from early morning as many first time voters exercised their right. Group of boys said that they enjoyed the holiday and came to vote for the experience, “We want to see how the AVM works…we will decide whom to vote on the last minute,” they giggled as they waited for their turn.

Tired of seeing money influence voters, 25 year old Durrat-U-Sharaf Mithaiwala said that she wanted to vote for a candidate who was not rich,” For many days I have been seeing party workers distributing food at the Bharat Jhopadpatti. I know they will disappear when we need them, which is why I want to vote for someone who doesn’t have a lot of money and wants to serve the people, not pay them to vote,” she said. She however had not made up her mind on any candidate or party.

Eighty one year old Abdul Kareem who cast his vote in Dongri, one of the four hyper sensitive centers, said that he had never been more confused about voting, “Its like choosing the lesser devil, they are all bad- I am going to vote for the lesser one. Earlier people fought elections to serve the people but not anymore; the choice of candidates is depressing.”

Hotline to protection

“Over two million phone calls made by children were received last year, that proves that there are voices that needed to be heard and matters that needed to be addressed,” said Kajol Menon of CHILDLINE 1098 as she introduced their latest study on ‘Child Protection Mechanism’.

“To ensure that an environment conducive to a safe and protected childhood is created and sustained, it is important to define the boundaries of the environment and develop child protection standard for those spaces,” Ms Menon added.

The study conducted by CHILDLINE is the first attempt to bring the government’s Integrated Child Protection System (ICPS) and other child protection agencies together. It focuses on an assessment of protection mechanisms across spaces to bring attention to the child protection discourse, strengthening the child protection consciousness among all directly or indirectly involved with children.

Majority of children who are provided assistance by CHILDLINE 1098 live without parental support and their families do not have dependable means of earning an adequate livelihood. Calls for help also come from workplaces, railway and bus stations, streets, home and neighbourhoods showing that children are victimized in public spaces as well. The survey categorized six significant spaces — public service, public institutional care, statutory bodies, public common spaces, community based non residential and public safety. After gathering information from the spaces and analyzing the phone calls received on the helpline, the foundation drafted the standardized guidelines to ensure child safety and protection.

Key findings of the survey brought to light issues like 28 per cent of schools did not have separate toilets for boys and girls, only 10 per cent schools reported having a child protection policy and 64 per cent schools said that they take no measures to ensure safety of children outside the school premises.

“There are so many cases of abuse and ill treatment in schools and we need to ensure that CHILDLINE phone is available in educational institutions for children,” Farida Lambay, NGO Pratham’s founder-director said. The survey also showed that only five per cent schools had a no-corporal punishment policy and 33 per cent resorted to beating and 12 per cent resorted to humiliating children in front of their peers as a form of punishment. The survey stated that 28 per cent schools reported drop out of students due to child labour and 21 due to child marriage.

“Children are not assets of the country, they are equal shareholders and for that we need to frame policies- not out of charity but out of responsibility towards them. Child labour should not be treated as a hazard in the industry but as a matter of great shame for the entire nation. In order to make spaces safer for children we need to view the problem from the perspective of a child,” Ms. Alpa Vora, Consultant, Child Protection, UNICEF said. She added that that it is important to create a child protection movement in the country and that the child protection has to go beyond the Juvenile Justice Authority (JJA) and other legislation pertaining to children.

The study recommends that hot lines to 1098 be provided in police stations, schools, hospitals etc and the agencies dealing with issue of child protection coordinate to share information. Dr. Nilima Mehta, Former Chairperson, Child Welfare Committee, Mumbai said the idea that children have rights of their own, which transcend the family settings is a concept that needs to be universally accepted. “Society has a special responsibility towards children whose vulnerability and dependence makes it mandatory for parents, adult authority figures and society as a whole to make a special response in law a practice. We need to ensure that they are protected against abuse, violence, exploitation and neglect,” Dr Mehta said.

In 1996, Mumbai launched CHILDLINE, the country’s first toll-free tele-helpline for street children in distress. As of March 2011, total of 21 million calls since inception have been serviced by CHILDLINE service and operates in 172 cities/districts in 30 states and union territories through its network of 415 partner organisations.