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Over 82 lakh paid in legal charges by BMC in Kangana Ranaut bungalow demolition case: Report

OpIndia Staff
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Over 82 lakh paid in legal charges by BMC in Kangana Ranaut bungalow demolition case: Report

In an RTI reply, BMC said they had paid Rs.82.5 lakh in legal charges to a senior lawyer for representing the municipal body in Kangana Ranaut’s bungalow demolition case in Bombay High Court, as per a report in the Times of India. An RTI activist Sharad Yadav had applied to obtain the said information.

As per the TOI report, Yadav said there are senior advocates on the BMC panel but to justify the ruling party’s political ego, BMC spent 82.5 lakh of public money to hire a senior counsel. “There is no clear policy over the issue, he further added.

Demolition of actor Kangana Ranaut’s bungalow

BMC had alleged that Ranaut was commencing an unauthorized construction in her Mumbai office-cum-residential bungalow located at Chetak Row House, in Pali Hill, Bandra (west). On 9th September, they executed the under-renovation property’s demolition order. At the time of demolition, Ranaut was traveling to Mumbai from her hometown in Himachal Pradesh.

She approached the High Court to get a stay on any further action by BMC. To represent BMC in court, a senior lawyer was hired and charged Rs.82.5 lakh for appearing in court. On 5th October, the court had concluded the hearing and reserved the decision.

The first RTI application was rejected

According to reports, Yadav’s first RTI application was rejected. He had also filed an RTI with the H-West ward office under which the western stretch of Bandra-Khar-Santacruz falls. He had asked about the total number of complaints the office had received related to encroachment of the refuge areas. The application was submitted in March. In September, BMC said it could not provide the required information due to a workforce shortage during the Covid-19 pandemic. Regarding the Kangana case, after the rejection of his first query, Yadav had filed another application and had received a reply on October 27.

Kangana Vs Shiv Sena

After the alleged suicide of actor Sushant Singh Rajput, Kangana Ranaut came down heavily on the ruling party in Maharashtra, alleging misappropriations in the investigation. At the time of demolition of her bungalow by BMC, Ranaut had alleged that the municipal body is acting on the behest of the ruling party, Shiv Sena. Sanjay Raut had called her ‘Haramkhor’ and later tried to justify it saying it means naughty. The clip of him calling her names was playing in the High Court during the hearing. Other Shiv Sena leaders had also threatened assault and harassment of the actress, following which she was provided security by the Himachal Pradesh government.

Supreme Court grants bail to Arnab Goswami in 2018 suicide case, directs Maharashtra police to release him immediately

OpIndia Staff
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Supreme Court grants bail to Arnab Goswami in 2018 suicide case, directs Maharashtra police to release him immediately

The Supreme Court of India has ordered the immediate release of Republic TV chief and two other co-accused after granting an interim bail in connection with the suicide case filed against them by the Maharashtra government.

A Supreme Court Bench comprising of Justice Chandrachud and Justice Indu Malhotra hearing the petition said that Bombay High Court made an error in rejecting the application for grant of interim bail on technical grounds. The apex court also directed the Raigad police to ensure the compliance of the order of release of Arnab Goswami forthwith.

The Supreme Court also asked Arnab Goswami and two other accused to execute a personal bond for an amount of Rs 50,000 for release on interim bail.

On Wednesday, the Supreme Court heard a special leave petition filed by Republic TV Editor-in-Chief, Arnab Goswami seeking interim bail in the case concerning the suicide of interior designer, Anvay Naik and the mysterious death of mother Kumud Naik.

Arnab Goswami had challenged a Bombay High Court order of November 9 which had rejected the bail plea while asking him to move Sessions court for regular bail. The case filed against Arnab Goswami by the Mumbai Police pertains to the suicide of an interior designer named Anvay Naik.

In May 2018, an FIR was filed against Arnab Goswami after an interior designer had committed suicide in Mumbai. In a suicide note, Anvay Naik claimed Goswami owed him a total of Rs 83 lakh. The note also said that one Feroze Sheikh had owed him Rs 4 crore and another person Nitesh Sarda had owned him Rs 55 lakh. Based on the suicide note, the family of Naik had filed an abetement of suicide case against Goswami and the two others. However, police found no evidence that the three named in the note were responsible for Naik’s suicide, and had filed a closure report. The court had accepted the report, effectively closing the case.

All three accused has denied that they abated the suicide. Republic has said that out of total contract of around Rs 6 crore, some amount was held back as there were defects in the work done by the Naik’s firm. According to the contract signed, full payment was to be made after rectifying defects. On the other hand, Sheikh’s lawyers have said that they have made full payment, and they have documentary evidence proving that there are no due amount to be paid by them to Naik’s company.

However, during the last few months, Maharashtra government has launched several false cases against Republic TV, and in part of that, the closed case was also re-opened by police on the orders of the home minister.

Senior Advocate Harish Salve appeared for Arnab Goswami, while Senior Advocate Kapil Sibal appeared for Shiva Sena-led Maharashtra government.

Arnab Goswami is a collateral damage, says Harish Salve representing Republic TV chief

Appearing on behalf of Arnab Goswami, Harish Salve argued that his client is a target of collateral damage and added that when petition was filed, the order of Magistrate was not there. He urged the court to see the malice on part of the State needs to be seen at.

“We are past FIR stage and it was lodged way back in 2018 after which it was probed and closure report was filed. A closure report was filed in April 2019,” Salve apprised the court regarding the timeline of the suicide case re-opened against Arnab Goswami.

Advocate Salve also mentioned to the Supreme Court on how Anvay Naik had “murdered” his mother and then committed suicide. He also submitted documents to show that amount was paid by Arnab to all vendors and also informed the court about ‘Concorde designs‘, the company run by Naik’s company was financially stressed for the last seven years.

Case was re-opened after Republic TV’s coverage on Palghar case

Salve added that the matter remained silent till May 2020, however, picked up after Republic TV’s coverage on Palghar incidents took place. Alleging a witch-hunt by the Maharashtra government against Arnab Goswami, Salve said that the Maharashtra Home Minister directed the DGP to re-investigate the suciide case even after closure report was filed in the case.

Salve also mentioned how Goswami was blamed for allegedly making inflammatory statements regarding the migrant gathering at Bandra. The Shiv Sena’s letter to cable operators to ban Republic was also pointed out by Arnab Goswami’s counsel highlighting the vendetta by the Maharashtra government.

“The letter by the Secretary of Assembly to Speaker had earned him a contempt notice from CJI where he attempted to threaten a person from approaching Supreme Court,” Harish Salve said to the Supreme Court seeking relief for Arnab Goswami.

Salve, citing the privilege motion moved in the Maharashtra assembly for questioning Chief Minister Uddhav Thackeray, said, ” It is appalling that he was held up for referring to the CM in a single worded salutation and this is a breach of privilege?”

The counsel representing Arnab Goswami also apprised the top court regarding the Hansa Research’s petition in the Bombay HC alleging harassment by the Mumbai Police to make false statements against Republic TV.

Harish Salve also questioned why would Naik’s family needed two years to challenge the order passed by the magistrate court that had issued a closure report in the case. “Prima facie link between accused and suicide cannot be created. The judge should have released him on bond. That was not to be. Hence this plea before you. Not just quashing FIR,” Salve urged the top court.

Salve also alleged that the Mumbai police will do what they have done in Hansa case and will keep coercing witnesses if the court did not interfere in the case.

Dangerous precedent to re-open a closed case for investigation by Executive order, says Salve

Senior Advocate Harish Salve also mentioned how Maharashtra government has a set a dangerous precedent by re-investigating a case even after magistrate had accepted an A summary in the case.

“Truth has a nasty habit of sneaking out. They state that since police has been directed to reinvestigate they are doing so. Now who ordered this?,” asked Harish Salve, to which Justice Chandrachud responded by saying it was ordered by none other than Maharashtra Home Minister Anil Deshmukh.

Advocate Salve said that the police was directed to investigate and they are telling the Magistrate that they filed a closure report but they are not saying that report was accepted. Now on the basis of the this, Section 164 CrPC was invoked and Arnab was arrested, Salve mentioned.

Salve also pointed out that for abetment there are judgments that show that mens real intention is the most important aspect on part of the accused. “For abetment there must be direct and indirect act of the commission of the offence. If tomorrow, a person commits suicide in Maharashtra and blames Govt, then will the Chief minister be arrested,” he asked the Supreme Court.

Is Arnab Goswami a terrorist? asks Harish Salve

Arguing on behalf of Arnab Goswami, Harish Salve posed a strong question to Maharashtra government asking, “Is Goswami a terrorist, is there a murder charge on him ? Why can’t he be give bail?”

Meanwhile, he added that there was no personal relationship between Arnab Goswami and Anvay Naik and mere contractual dispute cannot be abetment to suicide, Harish Salve submitted before the court.

Senior Advocate Gopal Shankaranarayanan also made submissions for the co-accused Firoz Muhammed Sheikh and added that the accused persons had no connection. However, the FIR mentions that there was a ‘common intention’ despite they were absolute strangers.

“Firoz Md Sheikh is a director of the company which hired another company which in turn gave contract to Anvay Naik. The principle in ‘Sunil Bharati Mittal’ case that criminal liability of company cannot be extrapolated will apply here,” submitted Advocate Shankaranarayanan on behalf of accused Sheikh saying that there are five levels of separation between the accused and the deceased.

Taking all the submissions into account, Justice Chandrachud said the case cannot be a case for custodial interrogation.

If we don’t interfere in this case today we will walk on path of destruction, says Supreme Court

Justice Chandrachud, hearing the plea, said that the allegations against Goswami are that the deceased had a total of 6.45 crores due and Goswami was to pay 88 Lakhs and asked whether owing money to a person and that person committing suicide would lead to abetment.

“Deceased was suffering from “manasik tadpan” as in FIR or mental stress? For Section 306, abetment there needs to be actual incitement. Does one owes money to another and they commit suicide – would it be abetment?” Justice Chandrachud asked Kapil Sibal representing Maharashtra government.

Justice Chandrachud added, “Such cases comes between husband and wife. But here is there an active incitement to suicide? Can you say that it is a case for custodial interrogation? High Court has written 56 pages order but had not dealt with the basic question… was an offence made out prima facie?” 

Justice Chandrachud also asked whether it will not be a travesty of justice if someone is denied bail. Slamming Bombay High Court, Justice Chandrachud said High Court writes pages on why habeas corpus is not maintainable when that prayer was given up in beginning.

“If we don’t interfere in this case today we will walk on path of destruction. If left to me I won’t watch the channel and you may differ in ideology but Constitutional courts will have to protect such freedoms,” said Supreme Court in a scathing observation.

Citing similar cases of state overreach in arresting individuals, Justice Chandrachud pointed how a woman was hauled up for a tweet in West Bengal as she criticised the lockdown enforcement. She was issued summons under 41A. Is this fair? This cannot happen, he observed.

“Forget Arnab Goswami for a moment, we are a Constitutional court. The other day, a young BSC nursing student who was in a relationship with the constable later realised that constable was married. She commits suicide. But then he applied for anticipatory bail and all lower courts denied,” he added.

“If we as a Constitutional court do not lay down law and protect liberty, then who will?” the Supreme Court said while granting bail to Arnab Goswami.

Justice Chandrachud also said that the victim is entitled to recourse as in proper and fair probe. Answer is simple. If you don’t like a channel then don’t watch, the Supreme Court judge observed.

Mumbai Police arrested Arnab Goswami in a 2018-suicide case

Arnab was arrested on Wednesday for a now-reopened 2018 abatement of the suicide case of an architect, Anvay Naik. In his suicide note, the architect has blamed a few people, including Arnab Goswami, for not paying dues. Later, the court had closed the case after the Raigad police filed a closure report, but it was reopened in May 2020 by the Maharashtra government.

Continuing their witch-hunt against Republic TV chief, the Mumbai Police had barged into the residence and had arrested Arnab Goswami. The Mumbai Police had physically manhandled him as they tried to detain him in a 2018 abetment to suicide case that was already closed.

A team of Mumbai Police arrested Republic TV chief Arnab Goswami after they physically assaulted and dragged him by grabbing his hair. In a shocking act, a large contingent of Mumbai Police was seen present at Goswami’s residence on Wednesday morning. In the below video, it can be seen how officials of the Mumbai Police were manhandling the Republic TV chief.

Social media user Sameet Thakkar, arrested for making critical remarks against Thackerays, sent to police custody till November 13th

OpIndia Staff
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Social media user Sameet Thakkar, arrested for making critical remarks against Thackerays, sent to police custody till November 13th

Arrested for his critical remarks for Maharashtra chief minister Uddhav Thackeray and his son, Maharashtra Environment Minister, Aaditya Thackeray, social media user Sameet Thakkar has been sent to police custody till November 13th in connection with the BKC cyber matter.

It is pertinent to note here the courts are observing holidays from November 13 to 15. This means Sameet will have to spend this year’s Diwali in jail and the prospect of the court hearing his bail application is only possible after the holidays are over, i.e November 16th.

The current development came after Thakkar’s bail application was rejected on Monday this week. He was re-arrested and sent to judicial custody by a local court in Girgaon. Mumbai Police had rearrested Sameet Thakkar from the court premises after a Nagpur court granted him bail on November 2. 

Sameet Thakkar arrested for critical remarks against Uddhav Thackeray and Aaditya Thackeray

Thakkar was arrested in Nagpur on October 24 after multiple FIRs were registered against him in Nagpur and Mumbai for his remarks where he has allegedly referred to the Maharashtra Environment Minister Aaditya Thackeray as “baby penguin”.

On 2nd July, two FIRs were registered against Sameer in Nagpur and at VP Road police station, Mumbai. He was accused of posting objectionable content against CM Thackeray, Aaditya Thackeray and Nitin Raut. On 1st and 30th June, he posted against Thackerays, while on 1st July he had posted a tweet against Raut.

Sameet Thakkar led to court with his hands tied with a rope and face covered with a black cloth

Earlier last week, an unsettling video of Sameet with his hands being tied with a rope and his face covered with a black cloth, led by police officials had surfaced on the internet. The video was from October 30, when Sameet was being taken to the court which extended his police custody till November 2. In the video, it could be seen that a man with a black cloth wrapped around his head was being led by a man with a rope. The video was captured from a distance and there are policemen clearly visible. Sneha Singhvi, the person who shared the video on Twitter, confirmed to us that the man with a black face cover was indeed Sameet Thakkar. 

On November 2, moments after Nagpur Court granted Sameet bail, Mumbai VP Road police arrested him from the court premises and took him to Mumbai. Sameet’s brother, Rishi alleged that his brother has been arrested by a well-thought-out conspiracy. He said multiple FIRs were registered against Sameet, so if he manages to get bail in one, he could be arrested on the basis of another FIR.

Asaduddin Owaisi flays the Congress party, says their leaders are ‘politically impotent’ to take on the BJP

OpIndia Staff
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Asaduddin Owaisi flays the Congress party, says their leaders are ‘politically impotent’ to take on the BJP

Hours after the electoral trends hinted that the Mahagathbandhan alliance between the Congress party, RJD and other affiliate parties may not be in a position to form a government on their own, Congress spokesperson Pawan Khera blasted at the AIMIM chief Asaduddin Owaisi for “partnering with majoritarian right-wing radicalisation”. Khera claimed that AIMIM indulged in minority radicalisation which had benefited the NDA alliance in the recently concluded Bihar elections.

Khera was responding to host Rajdeep Sardesai’s question if the Congress party would seek AIMIM’s support to form a government in Bihar. While Khera responded that he is not the right person to make the overtures to Owaisi and would leave it for the party leadership to decide on the future course, he did not shy away from attacking Asaduddin Owaisi for counter-radicalisation.

“There is no difference between the majority and minority radicalisation. Owaisi’s counter-radicalisation by contesting in some seats is not the answer to BJP’s communalisation,” Khera said to journalist Rajdeep Sardesai on an India Today show.

AIMIM chief Owaisi lashes out at the Congress party for blaming him for radicalisation

However, Owaisi was not one amongst those who would take the slight lying down. He tore into the Congress party, reminding them of their predicament in the Bihar Assembly elections and accused them of shifting the blame of their defeat on the AIMIM.

“I am being accused of being radicalising. It shows the intellectual dishonesty of the Congress spokesperson. I am contesting elections to ensure that it doesn’t get radicalised. The Congress, as a party, failed to give voice to that area. Your party contestants said that they will break arms and legs of AIMIM, is this not radicalising? You lose every seat, your MLAs run away to BJP at the waving of a finger, what kind of politics are you practising?” Owaisi said.

Owaisi also flayed Congress for its sanctimonious attitude towards others while struggling in its political battles across the country.

“Congress has this holier than thou attitude. They just assume everyone must prostrate in front of them. Sorry, I won’t do it. Your days have gone. You have contested on 70 seats. What’s your predicament there is for everyone to see. And you are accusing me of radicalisation simply because my party chose to contest the elections? We are fighting the elections to ensure that radicalisation does not happen,” Owaisi blisteringly responded.

Owaisi further added that Congress is in no position to level allegations of radicalisation on others when their own history is replete with instances when they have taken decisions that have radicalised the youth of the country.

“It is a joke to say radicalisation is happening because of me. Who opened the Babri structure locks? Who did the ground-breaking ceremony? Rajiv Gandhi was the prime minister then. Who demolished the Babri structure? Who was the prime minister then? Didn’t that lead to radicalisation?” Owaisi asked Khera.

The Congress leadership is politically impotent to take on the Modi government: Owaisi

To this Pawan Khera responded that Owaisi is strengthening the communal forces in the country by helping the BJP and its alliances to gain power in the elections.

“Maybe PM Modi is smiling tonight. Hopefully, he won’t because we are struggling our way(to form a government in Bihar). That’s what you achieved in Maharashtra. So please don’t be ‘holier than thou’ and accuse us of radicalisation. You are strengthening the communal forces and therefore, I accuse you of counter-radicalisation,” Khera said.

Owaisi shot back asking the Congress spokesperson if Congress was so committed to the ideal of secularism, why did it ally with a party like Shiv Sena in Maharashtra. Owaisi pointedly asked Pawan Khera if he thinks Shiv Sena is a secular party.

The AIMIM chief said that it was the Congress party which was primarily responsible for the BJP coming to power.

“Congress and its leadership are politically impotent to take on the Modi government. As far as my party is concerned, we will fight elections, whether win or lose, we will contest for those people who don’t have the voice, for the downtrodden. Our main job is to strengthen the democracy of India and we will tell the people who have been wrongly told that secularism can be kept alive only with Congress, it can be kept alive with other parties also,” Owaisi said.

AIMIM won 5 seats in the Bihar assembly elections

Asaduddin Owaisi’s AIMIM was in the fray for 20 seats in the Bihar assembly elections, As a part of the Grand Democratic Secular Front, it fought alongside four other parties, including Upendra Kushwaha’s Rashtriya Lok Samta Party and the Bahujan Samaj Party. It won 5 seats in the 243-seats Bihar Assembly.

BJP leader brings massive allegation, says Thackerays had land deals worth crores with late Anvay Naik’s wife

OpIndia Staff
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BJP leader brings massive allegation, says Thackerays had land deals worth crores with late Anvay Naik’s wife

In a shocking new revelation, BJP leader Kirit Somaiya has claimed that the Maharashtra chief minister Uddhav Thackeray’s family had a land transaction with Late Anvay Naik’s family. Somaiya said he has verified the concerning documents that suggest a land deal between the Thackeray and Naik family.

Somaiya said land records of Murud Raigad on the Maharashtra Government Website of Land Records suggest Uddhav Thackeray’s wife had a land transaction with Late Anvay Naik’s family. He has sent the concerned documents to SP and Collector.

“I verified concerned documents & sent to Collector & SP. 7/12 land records (Murud Raigad) Maharashtra Government Website of Land Records, election affidavit, it’s confirmed CM Uddhav Thackeray (Family Wife) had a land transaction with Late Anvay Naik (Family) @BJP4India @Dev_Fadnavis,” Kirit Somaiya tweeted.

In a subsequent tweet, Kirit shared the details of the several pieces of land jointly purchased by Uddhav Thackeray’s wife Rashmi Thackeray and one Manisha Ravindra Vaykar from Akshita Naik in March 2014 at about Rs 2.20 crore. Akshita Naik is the late Anvay Naik’s wife.

In the light of the recent revelations, it is imperative to revisit the context based on which Republic TV Editor-in-chief Arnab Goswami was arrested in the case.

Arnab Goswami arrested in the closed Anvay Naik suicide case

Republic TV chief Arnab Goswami was arrested by Mumbai Police early morning on last Wednesday. A few Mumbai Police officers barged into Goswami’s residence, physically manhandling him and his family members before arresting him. He was arrested in connection with a 2018 abetment to suicide case that was already closed.

The case pertains to the death of an interior designer Anvay Naik, who committed suicide in May 2018 and left behind a note alleging that Arnab Goswami had not cleared his dues to the tune of ₹83 lacs. Anvay Naik and his mother Kumud were found dead in their Alibaug farmhouse. The suicide note had also two named two other people, namely Feroz Shaikh and Nitesh Sarda for non-clearance of dues of ₹4 crores and 55 lacs respectively. It is pertinent to note that the case was closed in April 2019 and has now been unilaterally opened by the police seemingly, to hound Arnab Goswami.

As per an exclusive report by The Indian Express, the officers investigating the Anvay Naik suicide case had found no links between Republic TV Editor Arnab Goswami, Nitesh Sarda and Feroz Shaikh. They found no evidence that could establish that the trio made life ‘unbearable’ for Naik or led to the abetment of suicide. As such, the Raigad police investigating the case had filed an ‘A summary’ in its closure report before the magistrate in April 2019. It is important to mention that an ‘A summary’ is filed in the absence of adequate evidence against the accused, thereby preventing the cops from submitting a charge sheet.

Thackeray govt’s witch-hunt against Arnab Goswami

Arnab Goswami has been at loggerheads with the Mumbai Police and the Maharashtra government ever since he had raised protruding questions of the Maharashtra government and interim Congress president Sonia Gandhi for her silence on the horrifying lynching of the Hindu Sadhus in Palghar.

Arnab Goswami was put through a wringer by the Mumbai Police for his prime time show on the killings of Hindu Sadhus in Palghar. A case was also registered against Republic TV for its coverage of migrants crisis at the Bandra station on April 14-15. Republic TV journalist and cameraman were arrested by the Mumbai Police while covering a story in Navi Mumbai this September. Mumbai Police had also accused the Republic TV of manipulating the TRPs. The culmination of this witch-hunt against Republic TV resulted in the arrest of the Editor-in-chief Arnab Goswami.

It is notable here that Republic TV had, in its statement, declared that Anvay Naik’s firm had been paid most of the dues and the remaining amount was to be paid after the completion of the work which was never done. Arnab’s family had also stated that he had never had any direct dealings with Naik or his firm.

Two Freudian slips during the hearing of Arnab Goswami’s plea in Supreme Court against the Bombay High Court order denying him interim bail

OpIndia Staff
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Two Freudian slips during the hearing of Arnab Goswami’s plea in Supreme Court against the Bombay High Court order denying him interim bail

The plea of Arnab Goswami, the Editor-in-Chief of Republic TV, challenging the Bombay High Court denying him interim bail is being heard by a bench of Justice DY Chandrachud and Indira Banerjee in the Supreme Court. During the hearing some scathing observations were made by Justice Chandrachud against the Bombay High Court for failing uphold personal liberty of an individual. However, apart from that two Freudian slips were made by senior advocates who are representing the Maharashtra government in the Supreme Court.

Maharashtra government has maintained that the police action against Arnab Goswami has nothing to do with his journalism and his way of reporting. Speaking on Goswami’s arrest, Shiv Sena leader Sanjay Raut had claimed that the state government did not act against vindictively and that police had arrested him on the basis of evidence. The state government has been arguing in the court that Goswami’s name was mentioned by Anvay Naik, the deceased interior designer, in his suicide note and that was why Goswami was arrested.

However, during the hearing in the Supreme Court today, Justice Chandrachud questioned Sibal whether there was direct incitement on part of Goswami that led Naik to commit suicide. Justice Chandrachud asked whether a case of unpaid dues made a fit case for abetment to suicide.

Justice Chandrachud said that if the court does not interfere today, it would be travesty of justice. Senior advocate Amit Desai representing Maharashtra government then inadvertently mentioned how the case against Arnab may not really be of direct incitement but ‘circumstances’ leading to suicide of Naik.

It is noteworthy that Goswami was not the only person who owed money to Naik, there were several others. Justice Chadrachud further questioned Sibal whether not paying up money amounted to abetment to suicide.

Defending Maharashtra government’s action against Goswami Advocate Sibal said that the freedom of expression granted under Article 19 of the Constitution was not an absolute right.

By mentioning Article 19 before the Apex Court Sibal tacitly admitted that the action of Maharashtra government against Goswami was not related to the suicide case but to his reportage. Right from the TRP case to the abetment to suicide case, the ruthless state action against Goswami following his reporting against the Thackeray government appear malicious on the face of it. Justice Chandrachud’s observations on the state action against Goswami provide a testimony to that.

Arnab Goswami has been critical of the Maharashtra government, especially during the Palghar sadhu lynching where the Mumbai Police became mere spectators as two Hindu sadhus and their driver were lynched by a mob earlier this year. Goswami had even questioned Congress President Sonia Gandhi’s silence over the matter. Congress is in alliance with the Shiv Sena and NCP in Maharashtra government.

Online news portals, entertainment content platforms brought under the control of I&B ministry, govt issues notification

OpIndia Staff
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Online news portals, entertainment content platforms brought under the control of I&B ministry, govt issues notification

The Central Government issued an order on Wednesday to bring digital and online media, audio-visual programs, films, current affairs, and news portals under the Ministry of Information and Broadcasting.

A notification was issued by the cabinet secretariat on 9th November, which was published in the Gazette of India dates 10th November 2020. The notification amends the Government of India (Allocation of Business) Rules, 1961, and adds two sections in the second schedule of the rules, under the Ministry of Information and Broadcasting. The newly added sections that has been brought under the ministry say:

VA. DIGITAL/ONLINE MEDIA
22A. Films and Audio-Visual programmes made available by online content providers.
22B. News and current affairs content on online platforms.

Currently, online news and current affairs portals, OTT (over the top) platforms including Prime Video, Netflix, Hotstar, SonyLiv, AltBalaji, etc are not under the Ministry of Information and Broadcasting. Several complaints against the content on such platforms were alleging they are spreading misinformation and fake news as there was no law or autonomous body to govern the digital content. There were also demands of censorship for shows aired by the OTT platforms, and there have been several complaints against such shows alleging hurting religious sentiments and other allegations.

Several complaints against OTT platforms

In the last few years, there have been several complaints against the OTT platforms for producing Hinduphobic, sexual, and misleading content. The demand for either forming a governing body or bringing online content under censorship was raised several times. Last month, Supreme Court had sought the Centre’s response on a petition filed that had asked for a regulatory or autonomous body to monitor content on OTT platforms. In a separate case, the ministry had previously told the apex court that there is a need for a regulatory body to censor digital media content. In a statement last year, Union Minister Prakash Javdekar said that the ministry would not curb freedom of speech and expression, but there is a need to regulate OTT platforms’ content. If needed, the government will regulate the content.

Formation of Indian Digital Media Association (IDMA)

A few weeks back, a self-regulatory body of digital media outlets was announced. OpIndia, along with eight other premier Indian digital media outlets, came together to announce a new self-regulatory board named IDMA. The main aim of the body is not just to strengthen but organize and advocate for the interest of Nationalist Digital Media that has the potential today to shape the country and what its citizens talk about.

Bengal: Calcutta HC bans processions and gatherings for Chhath Puja, only 2 per family allowed around water bodies

OpIndia Staff
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Bengal: Calcutta HC bans processions and gatherings for Chhath Puja, only 2 per family allowed around water bodies

The Calcutta High Court on Tuesday placed restrictions on Chhath Puja processions across the state of West Bengal, setting curbs on the number of people per family who can enter a water body to offer the puja. The court ordered that only two members per family can gather for rituals on the banks of rivers and other water bodies.

Besides, devotees are prohibited from entering the largest two lakes with the city, Rabindra Sarobar and Subhas Sarobar. The order came on the heels of the National Green Tribunal (NGT) directive that had banned Chhath Puja at Rabindra Sarobar.

“As far as the Subhas Sarobar and Rabindra Sarobar are concerned, in view of the subsisting order of the NGT, these water bodies will be totally out of bounds for Chhath Puja celebrations,” the Calcutta high court said.

Only two members of the family will be allowed to participate in the Chhath Puja rituals while other family members will have to observe the Chhath Puja from home or in and around their home. The court order also mandates wearing masks at all stages. Devotees who would partake in the upcoming celebrations are asked to travel in open vehicles. The state government has been directed by the court to enforce Section 144 of the CrPC to restrict the number of people in any area amidst the festivities.

“The court has banned Chhath Puja processions. Only two persons from a family can enter any water body to perform the puja. Devotees coming in vehicles will have to maintain social distance and not all will be allowed to get down,” a high court advocate as quoted by Hindustan Times said.

Enforce a strict ban on fireworks: Calcutta High Court to State Government

The court had also affirmed the earlier order of a strictly enforced ban on firecrackers in the forthcoming festivities. Earlier this month, Calcutta High Court had banned the bursting of crackers during all pujas, including Kali Puja, Diwali and Chhath Puja.

The division bench of the Calcutta High Court, comprising of justices Sanjib Banerjee and Arijit Banerjee, cited the health hazards posed by the bursting of crackers in the midst of the coronavirus pandemic and instructed the state government to rigorously implement the firecrackers ban.

Also, the police have been asked to ensure that no crackers are sold or used in Kolkata as they have already been till November 30 by the High Court and the National Green Tribunal.

The court has also called upon the state government to take a call on the curbs that need to be put in place on local trains during the festive days so as to avert crowd surge.

Is participating in procession an integral part of Chhath Puja rituals?

The procession associated with Chhath Puja is not an intrinsic part of the rituals related to the festival. Devotees who celebrate Chhath Puja do so even on the roof of their house or in their courtyard. Though gathering in a group has community significance but given the sheer level of pollution in water bodies, many devotees choose to dig a small pool around their preferred area and perform the puja there. Some of them even use plastic inflated pools to perform the ceremony. A part of the rituals involve offering the Sandhya puja to the setting sun from water, so in many places, devotees with family members gather around the women observing fast and accompany them to the water bodies.

The HC order only bans gatherings and large congregations around water bodies. As such, there is no blanket ban on the festivities and rituals associated.

Rohingya immigrants living in ‘temporary shelters of tarpaulin’ in Bangladesh write congratulatory letter to Joe Biden, say Allah answered their wishes

OpIndia Staff
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Rohingya immigrants living in ‘temporary shelters of tarpaulin’ in Bangladesh write congratulatory letter to Joe Biden, say Allah answered their wishes

Amidst the allegations of massive elections fraud by the Democrats in the US Presidential elections, the Arakan Rohingya National Unity (AU), an organisation that claims to represent the Rohingya immigrants in Bangladesh, has written a letter congratulations Democratic Party candidate Joe Biden and his running mate Kamala Harris for their alleged victory in the US Presidential elections.  

In its letter, Arakan Rohingya National Unity (ARNU), a group representing the Rohingya immigrants currently living in refugee camps in Cox’s Bazaar in Bangladesh said that they would like to convey the warmest congratulations to Joe Biden and Kamala Harris.

Image Source: Vidya

The Rohingya organisation said that the alleged ‘decisive victory’ of Joe Biden was a personal triumph and a historic achievement in this symbolic election.

“We, the Rohingya Refugees under the temporary shelters of tarpaulin, prayed profoundly for the landslide victory of such a broad mined candidate, Joe Biden and Kamala Harris. We are very happy that our wish is answered by the Almighty Allah ultimately,”

The Rohingya group also cited the recent elections that took place in Myanmar government on November 8 and referred to it as ‘undemocratic’ as it deprived the Rohingya community of the freedom of expression and participation in the election.

The letter further claimed that the USA, being the most powerful nation in the world, it will remain on inspiration and hope for one of the most ‘persecuted’ communities – Rohingya people.

“We wish you every success and prosperity in the years to come,” the Arakan Rohingya National Unity said in its letter.

Nearly one million Rohingya Muslims currently stay in camps on the Bangladesh-Myanmar border due to the alleged persecution in their home region in Rakhine, Myanmar. The Rohingya Muslims are attempting to flee the camps for other more affluent Asian nations.

From UP to Bihar, Congress has become a burden on its allies

OpIndia Staff
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From UP to Bihar, Congress has become a burden on its allies

Ahead of 2017 Uttar Pradesh state assembly elections, the Congress went into an alliance with Samajwadi Party and Bahujan Samaj Party, calling it the ‘Mahagathbandhan’ to defeat the BJP. This was forged on the lines of successful ‘Mahagathbandhan’ ahead of 2015 Bihar polls where JDU’s Nitish Kumar had joined hands with RJD’s Lalu Yadav. The 2015 Bihar elections were won the ‘Bihari vs Bahari’ (Bihari vs outsider) rhetoric as PM Modi as well as then BJP President Amit Shah were from Gujarat.

Similar strategy was sealed for 2017 UP elections. Rahul Gandhi, who is born in Delhi then represented Amethi, which has traditionally been a Congress stronghold. In fact, Rahul Gandhi’s parents, grandparents and greatgrandparents and other extended family have UP connections either by birth or by electoral victories. Akhilesh Yadav and his father Mulayam Singh Yadav and extended family have been associated with UP politics over the years. Hence, “UP ke ladke” strategy was decided for Rahul and Akhilesh to woo the voters.

Except, the “UP ke ladke”, failed to create magic on ground. In fact, so bad was the outcome that Samajwadi Party not only lost, it faced a humiliating defeat, thanks to its alliance with Congress. It was so bad that Samajwadi Party alliance went from 252 seats it had won in 2012 to as low as 54 seats in 2017. The BJP alliance which had won 47 in 2012 surged to 312 seats forming a very decisive government.

Analysts believed that the fact that Samajwadi Party offered over 100 seats to Congress, of which it won just 7 might have been one of the major reasons that Mahagathbandhan failed miserably. Of 298 seats Samajwadi Party contested from, it won only 47.

Evidently, Samajwadi Party learnt its lessons and in 2019 general elections decided to go solo.

Similarly in recently concluded Bihar elections, analysts believe the fact that RJD allied with Congress may have been the reason the Mahagathbandhan failed. Congress contested on 70 seats of which it won just 19 seats, thereby bringing down the Mahagathbandhan tally in an election that was so closely fought.

As per reports, Bihar Congress leaders feel that the top leadership failed to understand the pulse on ground. Several top candidates who might have won were dropped. The local leaders are especially upset with the fact that leaders from outside the state, with zero connect to ground reality, were calling the shots.

This, followed by the dismal performance of the grand old party in Gujarat, Manipur, Uttar Pradesh and Madhya Pradesh bypolls where the BJP had a clean sweep has now made Congress allies apprehensive. With fast-dwindling relevance, reports are now coming in that in Tamil Nadu state elections, the DMK might be reconsidering forging the pre-poll alliance with Congress as well.

The disastrous results in assembly elections and bypolls is not the only concern with Congress which is also struggling to have an inspiring leadership. The entitlement of the Gandhis who cannot seem to let go of the power and adds to their woes. With the Congress fighting for its relevance, one can only wait and watch which way things go for the grand old party.

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