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Nothing but Sachin Waze’s statement to show corruption case against Anil Deshmukh: Bombay High Court

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The Bombay High Court has granted bail to former Maharashtra home minister Anil Deshmukh in an alleged corruption case observing that prima facie, there is nothing but the statement of dismissed cop Sachin Vaze – whose tenure as a Police Officer has been “controversial” – to show that money was collected from bar owners at the NCP leader’s behest.

The court has also considered his age, 73 years, and ailments, some of which are classified as “de-generative”.

Justice MS Karnik, in a detailed 16-page judgement which was uploaded late last night, granted bail to Deshmukh in the corruption case registered against him by the Central Bureau of Investigation (CBI) on furnishing surety of Rs 1 lakh. He has been directed to cooperate with the investigation.

However, the former minister will not be let out immediately as, following a request from the CBI, the said the bail order will be effective after 10 days.

The court noted that as per the prosecution chargesheet, its case is “mainly based on Sachin Waze’s statement”, who has been granted pardon after turned approver. “The question of the reliability of Mr. Sachin Waze’s version is a matter for trial,” observed Justice Karnik, adding: “It is a matter of record that Sachin Waze was suspended for 16 years.”

Waze had claimed that Deshmukh had promised to reinstate him in police service. Post reinstatement, Waze claimed to collect money from bar owners and deliver it to Kundan Shinde, Deshmukh’s former aide, as instructed by Deshmukh. According to Waze, Deshmukh instructed him to collect Rs.3 lakhs each from 1750 Orchestra Bars/Pubs/establishments in Mumbai totalling Rs.40 to Rs.50 crores approximately.

However, the court took note of the ACP Sanjay Patil’s statement, which were pointed out by Deshmukh’s lawyers – senior advocate Vikram Chaudhari and advocate Aniket Nikam. Patil had said that Waze informed him that he is collecting the money for ‘No.1’, and when Patil asked Waze as to who is ‘No.1’, he was informed that it is ‘CP, Mumbai’. CP at the relevant time was Param Bir Singh.

“The statements as they stand, even without testing its veracity, which is a subject matter of trial, creates some doubt as to whose behest the money was collected,” remarked justice Karnik. “I may hasten to add that these are very prima facie observations limited to considering this application for bail.

The court further remarked that “It is a matter of record that Sachin Waze was suspended for 16 years” and that his tenure “as a Police Officer has been controversial”. Waze was arrested for his alleged role in Antilia bomb scare case and murder of businessman Mansukh Hiran. “He is allegedly involved in extortion cases, fake encounter case, etc,” noted HC.

“Except for Mr. Sachin Waze, none of the statements recorded indicate that it was under the instructions of the applicant that the money was to be collected. It is for the trial Court to look for corroboration in material particulars for relying on the statement of Sachin Waze, the approver,” the court averred.

The HC also factored his old age and that he is suffering from multiple ailments, some of which are classified as de-generative.

Justice Karnik observed that while granting him bail in ED case, the HC had remarked: “In the light of the materials on record, it would be audacious to observe that the applicant is not a sick person”.

Deshmukh was arrested in November 2021 by the ED in a money laundering case. In April 2022, the CBI arrested him in a corruption case. He is presently in judicial custody and lodged at the Arthur Road Jain in Mumbai.

The CBI has filed chargesheet on June 2, 2022, with respect to the issue of corruption, the basis being collecting/extorting monies from restaurants and bar owners.However, the two other facets of corruption – the transfers and postings within the police and influencing investigations – are still under investigation. The chargesheet is yet to be filed by the CBI on these aspects.

“Therefore, there is no question of the trial concluding any time soon in the near future. The CBI may proceed with the investigation but not at the cost of continued incarceration of the applicant,” added HC.

Deshmukh is no longer the Home Minister and therefore, there is no question of his influencing the investigation

Also, relying on bail order in ED case, Justice KArnik said that Deshmukh “appears to have roots in society and the possibility of fleeing away from justice seems remote”.

Maximum punishment, if found guilty, is seven years. Also, there are no criminal antecedents reported against him. Having regard to the totality of the circumstances, in my opinion, the applicant can be released on bail.

Release on bail on furnishing personal bond of Rs.1,00,000/- with one or more sureties in the like amount.

Report to the office of the CBI on every Tuesday, between 10.00 a.m. to 12.00 noon for one month from the date of his release. Thereafter, he shall report to the office of the CBI on every alternate Tuesday, between 10.00 a.m. and 12.00 noon, for the next three months.

To remain within the area of Greater Mumbai till the trial is concluded and shall not leave the area without permission of the competent Court.

Surrender his passport to the trial Court, if not already surrendered.

Not make any inducement directly or indirectly, threat or promise to tamper with witnesses.

Not tamper with evidence.

Co-operate with the expeditious disposal of the trial.

Maharashtra

Mumbai Congress delegation meets Municipal Commissioner, expresses grave concern over poor condition of city

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Mumbai: Today, a high-level Congress delegation led by Mumbai Congress President and MP Prof. Varsha Tai Gaikwad met BMC Commissioner Bhushan Gagrani. The delegation included MLA Aslam Shaikh, MLA Amin Patel, MLA Dr. Jyoti Tai Gaikwad, former corporator Haji Babbu Khan and other former corporators of Mumbai Congress.

Several important issues were raised in the meeting on administrative collapse, corruption and deterioration of public amenities in Mumbai.

‎🛑 Highlights of the meeting:

‎🔸 Increase in property tax without public approval
Violating the directions of the Supreme Court, the BMC increased property tax in the absence of elected representatives. The Congress strongly opposed this unconstitutional move and called it a financial burden on the people of Mumbai.

‎Scams in road construction
‎There is a possibility of massive corruption in the concreting of roads. Only 25% of the work has been completed so far and that too has been hampered by poor quality, damage to pipelines and serious irregularities in tendering – particularly in the inorganic phosphate based geo-polymer concrete tender.

‎🔸 Drain cleaning scam

Drain cleaning before the monsoon has become a sham. All the work has been handed over to contractors, no monitoring, no accountability. The Congress has demanded immediate and strict action.

‎🔸 Medical facilities in ICUs

BMC hospitals – like Baba, Rajawadi, Shatabdi and Bhagwati – are in a shambles. Patients are being forcibly sent to private hospitals, while privatisation of hospitals and delay in development work have worsened the problems.

‎🔸 Waste management
‎The sanitation system is already failing and now the BMC is considering imposing a “garbage tax”. In areas like Kurla and Borivali, the sewer line work has been incomplete for years.

‎🔸 Failure of the education system:

BMC school children have not yet been given books and uniforms. The commissioner has given a deadline of June 15. If this work is not completed, the Congress will again come out with questions on June 16.

‎🔸 Delay in housing schemes and PAP projects:

Housing schemes, PAP and redevelopment projects in areas like Andheri, Vakola, Khar have been victims of builder fraud, misuse of TDR and government negligence.

‎🔸 Other important issues

Corruption in central procurement process

Delay in approving hawking policy

Acute lack of facilities in Muslim graveyards

🗣️ Congress demands:

✅ ACB should investigate contractor mafia in BMC

✅ Independent audit of drain cleaning and road construction works

✅ Independent monitoring body should be formed for BMC tenders

Mumbai cannot be left at the mercy of a neglected and corrupt system. Congress will continue to fight at every level by becoming the voice of the people of Mumbai!

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Maharashtra

Pakistani PIO spy Ravinder Verma in judicial custody

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Mumbai: The court has ordered the remand of Pakistan Intelligence Operative PIO spy Ravinder Verma from ATS remand to judicial custody. Ravinder Verma of the police station is accused of providing secret information to Pakistan, after which the ATS arrested him. Ravinder Verma’s defense lawyer Rupali Shinde said that her client does not have any secret money more than Rs 2,000 in his account, but the ATS opposed it and said that money was also transferred to him from other accounts, after which the court ordered the accused to be kept in judicial custody for 14 days. The defense lawyer said that the girl with whom Ravinder Verma was in contact is not Preeti Jaiswal, but Jaspreet, and he was in contact with her and was affected by the honey trap and this girl is from Punjab and Delhi. The ATS has interrogated the accused, in which the ATS has been provided with many important details.

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Maharashtra

Muslim representative delegation met police commissioner Deven Bharti on Mumbai loudspeaker, stop action till Eid-ul-Adha: Azmi

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Mumbai: Muslim representatives met Mumbai Police Commissioner Deven Bharti and lodged an objection against the removal of loudspeakers from mosques, saying that only mosques are being targeted, which is completely wrong, while the principle of noise pollution is equally applicable to all, but only on the complaint of BJP leader Kirit Somaiya there is a risk of deteriorating the environment by removing loudspeakers from mosques, and a demand was also made to stop police action to maintain law and order.

Maharashtra Samajwadi Party leader and Assembly member Abu Asim Azmi told the media after meeting the Police Commissioner on the loudspeaker issue that Mumbai Police Commissioner Deven Bharti said that no action will be taken against loudspeakers till Eid-ul-Azha, while Azmi drew the attention of the Police Commissioner on this issue that unilateral action is being taken only against mosques. The police take action after the complaint of Kirit Somaiya and then the action starts. He said that the issue of removing loudspeakers from mosques is threatening peace in Mumbai. Azmi said that the way Kirit Somaiya and Nitish Rane are demonstrating provocations has spoiled the atmosphere of Mumbai city.

The police should also take action against them to maintain law and order. Police Commissioner Deven Bharti has assured the delegation that he will take necessary steps on this issue and action will be taken as per the law. Abu Asim Azmi, while expressing concern over mischief on Eid-ul-Azha, told the Police Commissioner that the way some miscreants are constantly trying to create conflict in societies by offering sacrifices. On Nitish Rane’s venom regarding sacrifice in societies, Azmi said that sacrifice is offered in societies and it is done legally, there is no problem in it, but some people are presenting sacrifice as an issue to spoil the environment. He said that even in Hinduism, cats are offered, then no one objects. On Nitish Rane’s demand for virtual sacrifice, he said that Islam will follow Sharia and Muslims offer sacrifices only according to Sharia and the law has allowed us to do so.

Samajwadi Party leader Yousuf Abrahani, Advocate Amin Solkar, Khateeb and Imam of Hari Masjid Maulana Zubair Ahmed Barkati were also present in this representative delegation. Yousuf Abrahani said that legal action is being taken on the loudspeaker issue and the court is also being approached, while all the conditions imposed on the loudspeaker issue are illegal, while the Supreme Court had ordered decibel control and decibels have been fixed, accordingly, loudspeakers are used in mosques, but the police are taking action under pressure from the Kirit Somaiya and the police do not have the authority to remove loudspeakers from mosques, but despite this, this process is continuing, while the Mumbai Police Commissioner has also assured of necessary action on this issue.

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