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Bombay HC Asks Maharashtra Government To File Affidavit On Ban Against Animal Sacrifice

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Warning the petitioner against giving a communal spin in the petition challenging the recent ban on the practice of animal sacrifice within the protected area of Vishalgad Fort in Kolhapur, the Bombay High Court has asked the Maharashtra government to file its reply affidavit. 

A division bench of Justices Gautam Patel and Neela Gokhale was hearing a petition filed by Hajrat Peer Malik Rehan Mira Saheb Dargah challenging the order issued by the Deputy Director of Archaeology and Museums, Mumbai on February 1, prohibiting illegal animal slaughter in the name of sacrifice to Gods. The order cited a 1998 high court order that prohibited animal sacrifice in the names of Gods or Goddesses at public places.


‘Influenced by right-wing Hindu fundamentalists’

It alleged that the authorities in Kolhapur had swung into action “only under the influence exerted by right-wing Hindu fundamentalists.” It claimed that it was “age-old tradition” and there never had been any law and order problem. The petition alleged that the ban was passed to “please the majority community for political gains by the party in power”.

“It might be an age-old tradition. The petitioner has also tried to put a communal spin to the issue. Let us be very clear that we will dismiss the petition on this ground itself saying it is motivated,” remarked Justice Patel. 

The court emphasized that it would not permit “unregulated slaughter of animals anywhere” as there is a need to maintain hygiene. “Let us make it clear, we are not going to permit any unregulated or unmonitored slaughter of animals anywhere. There needs to be some level of civic hygiene and sanitation maintained,” added Justice Patel. It further added that there was a need to preserve the area surrounding the fort.

According to the petition, the dargah within the fort precinct was one of the most ancient and historical monuments in Maharashtra. It was constructed in the 11th century and visited by both Hindus and Muslims. The plea claimed that animal sacrifice at the dargah was an integral custom. Also, the actual sacrifice is not carried out in a public place but at a privately-owned land and is performed behind closed doors.

These offerings are then served to pilgrims and others at the dargah and have been a source of food to many poor and backward people residing in the surrounding villages of Vishalgad fort.

Petitioner soughts Stay Order

Terming the ban as arbitrary, discriminatory, unjust, high handed, oppressive, and violative of their fundamental rights, the petitioner has sought a stay on the same. 

Petitioner’s advocate Satish Talekar sought an interim stay on the collector’s order which was refused by the bench saying: ““There is no question of interim relief in matters like this. It is an irreversible process. We are not going to permit unregulated and unmonitored slaughter anywhere for any purpose. There is an invocation of the need to maintain correct hygiene and cleanliness.” 

The HC has kept the PIL for hearing on July 5.

Maharashtra

Maharashtra Assembly Elections 2024: Congress Alleges Discrepancies In EVM Numbers In Mira Bhayandar

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Questioning the sanctity of the election process and accuracy of election results which are to be declared on counting day scheduled on Saturday (23, November), the Congress party has alleged discrepancies in the number of votes polled at various booths in the Mira Bhayandar (145) assembly constituency.

In his letter to the returning officer, Congress leader-Anil Sawant who was the election representative of MVA candidate- Muzaffar Hussain pointed out mismatch of 386 additional votes between the data in form 17-C and figures generated by the electronic voting machines (EVM), even as clarity eludes actual figures at some of the other booths.

Seeking an official explanation from the returning officer, Sawant has also alleged that the mock drill votes were also included in the polling figures. According to the figures released by the returning officer, the constituency recorded a voter turnout of 51.75 percent as 2,64,534 out of the 5,10,862 voters exercised their franchise.

However, form 17C shows a count of 51.67 percent which translates into a difference of 0.08 percent (386 votes) on the higher side. Moreover, the complainant has also raised a serious question mark on the delay in publication of the figures of the postal ballots.

While form 17A is used to record the details of every voter who comes into a polling booth and casts his/her vote, form 17C is an account of all the votes recorded. Under Rule 49S(2) of the Conduct of Elections Rules-1961, a presiding officer is mandated to furnish a copy of the entries made in form 17C to the polling agents of the candidates at the close of polling.

7C is crucial as the voter turnout data in this form can be used to legally challenge an election result. The Congress party is expected to take an aggressive stand if the anomalies are not rectified before the counting process.

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Maharashtra

Ex-NCB Officer Sameer Wankhede Moves Bombay HC Seeking CBI Probe Against NCP Leader Nawab Malik

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Ex-NCB Officer Sameer Wankhede Moves Bombay HC Seeking CBI Probe Against NCP Leader Nawab Malik

Mumbai: IRS officer Sameer Wankhede has moved the Bombay High Court, seeking a Central Bureau of Investigation (CBI) or court-monitored probe into an FIR he filed in 2022 against former state minister and NCP leader Nawab Malik under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Wankhede, an Additional Commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, alleges that the police’s inaction in the matter has caused him and his family significant mental distress and humiliation.

On August 14, 2022, Wankhede filed an FIR with the Goregaon police station against Malik. Malik has neither been arrested in the case, nor has the chargesheet been filed in the case till date. 

Former NCB zonal officer, who shot to fame after arresting actor Shah Rukh Khan son, Aryan Khan, in the 2021 Cordelia Cruise drug bust case, had also arrested Malik’s son-in-law Sameer Khan. 

Wankhede has alleged that after Sameer Khan’s arrest, Malik launched a sustained campaign to defame and humiliate him and his family on social media and television, targeting their caste and questioning the authenticity of Wankhede’s caste certificate. 

The officer had earlier filed a complaint with the Scheduled Caste Commission in October 2021, seeking action against Malik. 

Despite a restraining order issued by the High Court in a separate defamation suit prohibiting Malik from making defamatory remarks, Wankhede claims Malik continued to violate the order, including questioning the validity of his caste certificate as recently as on October 27, 2024. 

A caste scrutiny committee has since upheld the authenticity of Wankhede’s certificate in a detailed 91-page report.

Malik Influenced State Police To Delay Probe: Sameer Wankhede

Wankhede alleges that Malik has influenced the state police to delay the investigation. He points out that critical provisions under the SC/ST Act have yet to be added to the FIR despite multiple reminders to the Goregaon police. “Respondent No. 2 (Malik), with his muscle power, influence and money power is controlling the state police machinery and continues to commit further offence, this can be overtly witnessed as how the Accused (Malik) is openly giving interviews to various media platforms and us wandering freely and yet no arrest is affected despite being no protective order,” the petition, filed through advocate Sana Khan,  read.

Wankhede seeks the court’s direction to transfer the investigation to an independent agency or the CBI, ensure the addition of necessary provisions under the SC/ST Act, and order the submission of a detailed report on the investigation’s progress.

Wankhede has also highlighted a similar FIR filed by his cousin, Sanjay Wankhede, which has faced the same lack of action. He contends Malik’s actions are politically motivated, aimed at influencing voters before elections.

The petition is likely to come up for hearing on November 28. 

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Maharashtra

Maharashtra Assembly Elections 2024: Mumbai Sees Marginal Rise In Voter Turnout, Suburbs Lead At 56.39%, City At 52.65%

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The voter turnout figures released on Thursday by the BMC indicated a low turnout in the city during the November 20 assembly election. In Mumbai city district, voter participation stood at 52.65%, while the suburban district saw a slightly higher turnout of 56.39%; both figures are marginally higher than 2019.

In Mumbai city, which covers 10 constituencies, there are a total of 25,43,610 registered voters. Of these, 13,39,299 cast their ballots. The male voter turnout was 52%, with 7,10,174 out of 13,65,904 male voters participating. Female voters turnout was lower at 53%, with 6,29,049 women out of 11,77,462 voting. Additionally, 76 voters from the “other” category cast their ballots out of 244 eligible voters.

The lowest voter turnout in Mumbai city was recorded in Colaba, with just 44.44%. Other areas with low turnout included Mumbadevi (48.76%), Dharavi (50.03%), Malabar Hill (52.53%), and Byculla (53.02%). In contrast, Mahim saw the highest voter participation at 59.01%, followed by Wadala (57.67%), Shivadi (55.52%), Sion Koliwada (53.56%), and Worli (53.53%).

In Mumbai suburban, which encompasses 26 constituencies, the voter turnout reached 56.39%. There are 76,86,098 registered voters in this district, with 43,34,513 casting their votes. Among male voters, 57% participated 23,58,589 out of 41,01,457, while 57% of female voters also voted 20,33,654 out of 35,83,803. Additionally, 270 people from the ‘other’ category voted out of 838 eligible individuals.

The lowest voter turnout in the suburban district was seen in constituencies such as Vandre West (51.36%), Versova (51.44%), Mankhurd Shivaji Nagar (52.14%), Kalina (52.68%), and Chandivali (52.97%). On the other hand, the highest turnout was recorded in constituencies like Bhandup West (62.88%), Borivali (62.32%), Mulund (61.42%), Ghatkopar West (59.99%), and Ghatkopar East (59.58%).

Several constituencies in Mumbai witnessed a significant rise in voter participation compared to the 2019 assembly elections. In Andheri West, the voting percentage jumped from 43.52% in 2019 to 53.67% in 2024; a rise of over 10%. Versova’s turnout rose from 42.38% in 2019 to 51.44% this year, while Mulund saw an increase from 53.81% to 61.42%. Vandre West’s turnout also grew substantially from 44% to 51.36%, with a similar trend in Goregaon (from 46.44% in 2019 to 55.61% this year) and Shivadi’s 49.33% in 2019 to 55% in 2024.

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