Tag: Bombay

Remarks on Art 370 abrogation: Bombay HC refuses to quash FIR against Kashmiri prof

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The Bombay High Court refused a petition which sought to quash an FIR report registered against a young Kashmiri professor for his WhatsApp status that read, “August 5 Black Day for Jammu and Kashmir” in reference to the abrogation of Article 370.
Javed Ahmed Hajam, the professor of Kolhapur College, who originally hails from Baramulla in Kashmir had allegedly, in 2022, put two WhatsApp statuses in a group of parents and teachers. In one he termed August 5, 2019, a black day. On the 2nd, he greeted Pakistan for its independence on August 14.
On Friday, the bench of Justice Sunil Shukre and MM Sathaye beheld that in a democratic country like India, there is a fundamental right to freedom of speech and expression under Article 19. But they said that any critical words or dissenting opinions must be expressed properly after analysing the whole situation in a sensitive matter.

“The first message which has been posted on the WhatsApp application by the petitioner is, without giving any reason and without making any critical analysis of the step taken by the Central Government towards abrogation of Article 370 of the Constitution. In our view, this message has the tendency to play with the emotions of different groups of people in India as there are strong feelings of contrasting nature about the status of Jammu and Kashmir in India and, therefore, one has to tread cautiously in such a field, lest the emotions may reach up to such a level as to bring about consequences or a reasonable possibility of consequences visiting as envisaged in Section 153-A of Indian penal code (IPC),” the order stated.
Bench concluded by saying that the case was a matter of trial to investigate whether an accused is really implicated in the offence under section 153A of IPC
The court refused to quash the FIR, stating, “As of now, prima-facie it does appear to be having much impact on the mind of different groups of people, for the reasons stated just now, and therefore prima-facie constitutes the offence under Section 153-A of IPC.”
It pertains to say, Articles 370 and 35(A) which gave special status to the erstwhile Jammu and Kashmir state in terms of autonomy and its ability to formulate laws for the state’s permanent residents was nullified under the BJP-led government on August 5, 2019.

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#Remarks #Art #abrogation #Bombay #refuses #quash #FIR #Kashmiri #prof
( With inputs from www.siasat.com )

April 15, 2023
Bombay HC Rejects Professor’s Plea To Quash FIR For “Aug 5 Black Day For JK” Status

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SRINAGAR: The Bombay High Court has declined to dismiss a criminal case against a college professor from Kolhapur, who shared a message on his WhatsApp status that referred to the abrogation of Article 370 as “August 5 Black Day (for) Jammu and Kashmir.” The basis for the FIR was two WhatsApp statuses he posted, one stating “AUGUST 5 BLACK DAY JAMMU & KASHMIR” and the other saying “14th August Happy Independence Day, Pakistan.” The Central government revoked Article 370 of the Indian Constitution, which provided special status to Jammu and Kashmir, on August 5, 2019, reported The Hindustan Times.
“In our view, this message has the tendency to play with emotions of different groups of people as there are strong feelings of contrasting nature about the status of Jammu and Kashmir in India,” The Hindustan Times reported while quoting the bench of justice Sunil Shukre and justice MM Sathaye while rejecting plea filed by Javed Ahmad Hajam, a professor with Sanjay Ghodawat College in Kolhapur.
Hajam appealed to the High Court to dismiss the FIR filed against him by the Hatkanangale police station in Kolhapur district under Section 153-A of the Indian Penal Code, on charges of promoting enmity between different groups based on religion, race, place of birth, residence, language, caste, community, or any other grounds that could lead to disharmony or feelings of hatred or ill-will. The FIR was based on two WhatsApp statuses that he posted, one stating “AUGUST 5 BLACK DAY JAMMU & KASHMIR” and the other saying “14th August Happy Independence Day, Pakistan.” Hajam was a member of a parent-teachers association WhatsApp group at the college, and someone from the group reported the matter to the police.
Hajam argued that he did not share any derogatory message or any message with the intention of stirring up hatred or ill-will. He claimed that his status messages did not cause any disharmony or disturbance of public tranquillity. However, a prosecutor opposed his plea, stating that the petitioner, a college professor, expressed his likes and dislikes in a casual manner without providing any reason or justification, which could lead to an initial inference of an offense punishable under Section 153-A. The High Court agreed with the prosecutor’s argument and rejected Hajam’s petition.
The bench said in a democratic country like India, with a fundamental right of freedom of speech and expression available to its citizens, “every word of criticism and every view of dissent is important for maintaining democracy in a good state of health.”
The court stated that in sensitive matters, it is important to express critical words or dissenting views only after conducting a thorough analysis of the situation and providing reasons for the criticism or dissent. The bench added that this is particularly important when emotions and sentiments surrounding the thing or aspect being criticized vary greatly among different groups of people. In such cases, criticism or disagreement should be accompanied by in-depth analysis and reasons so that it appeals to reason rather than emotions.
“Whenever an appeal is to the reason, there is the least possibility of stirring up emotions and whenever an appeal is to the emotions, the reason is the casualty,” the bench said. “And, when reason falls victim to emotions, there results ill-will, hatred, public disturbance and negativity all around. Such is the importance of criticism based upon critical analysis and same being not here, now it would be required to be examined on merits; if the WhatsApp status message in question, really brought about the consequences contemplated under Section 153-A of the IPC or not, which would be possible only upon appreciation of evidence at the trial.”
HC said prima facie posting of the DP constituted an offence under section 153-A of IPC.

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#Bombay #Rejects #Professors #Plea #Quash #FIR #Aug #Black #Day #Status
( With inputs from : kashmirlife.net )

April 14, 2023
Stay on show-cause notice to Anil Ambani under Black Money Act to continue: Bombay HC

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Mumbai: The Bombay High Court on Wednesday continued till further orders an interim stay on show-cause notice and penalty demand issued to industrialist Anil Ambani by the Income Tax department under the Black Money Act.
A division bench of Justices Gautam Patel and Neela Gokhale posted Ambani’s petition challenging the notice and penalty demand for hearing on April 28, and gave time to the IT department to file its reply.
The HC had in September 2022 granted an interim stay to the show-cause notice pending hearing.

In March this year, Ambani’s lawyer Rafique Dada informed the court that the department later also issued a penalty demand notice to his client.
The court then granted interim stay to the demand notice too.
On Wednesday, when the petition came up for hearing, advocate Akhileshwar Sharma, appearing for the IT department, sought two weeks to file a “comprehensive affidavit” in response to the amended petition.
“The petition has been amended adding some more IT officials as respondents and (the petitioner) has also annexed certain new documents. The department wants time to file a comprehensive affidavit,” Sharma said.
The court directed that the affidavit be filed by April 21.

“The petition shall be listed for hearing on April 28. The interim orders passed earlier — stay on the show-cause notice and the penalty demand — shall continue till further orders,” the bench said.
The IT department issued a notice to Anil Ambani on August 8, 2022, for allegedly evading Rs 420 crore in taxes on undisclosed funds of more than Rs 814 crore held in two Swiss bank accounts.
The industrialist was liable to be prosecuted under Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act of 2015 which prescribes a maximum sentence of 10 years with fine, the IT notice said.
The department charged Ambani with “wilful” evasion, saying he “intentionally” did not disclose his foreign bank account details and financial interests.
Ambani in his petition claimed that the Black Money Act was enacted in 2015 and the alleged transactions were of assessment years 2006-2007 and 2010-2011.
The provisions of the Act cannot have retrospective effect, he argued.
According to the IT department’s notice, Ambani was an “economic contributor as well as beneficial owner” of Bahamas-based “Diamond Trust” and British Virgin Islands-incorporated Northern Atlantic Trading Unlimited (NATU).
He “failed to disclose” these foreign assets in his income tax return (ITR) filings and hence violated the Black Money Act, it said.
The act was brought in by the Narendra Modi government soon after it came to power in 2014.
IT officials assessed the total value of undisclosed funds in the two Swiss Bank accounts at Rs 8,14,27,95,784 (Rs 814 crore) and tax payable on this amount at Rs 4,20,29,04,040 (Rs 420 crore).
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#Stay #showcause #notice #Anil #Ambani #Black #Money #Act #continue #Bombay
( With inputs from www.siasat.com )

April 5, 2023
IIT Bombay student’s death: Note naming hostel mate recovered

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Mumbai: The special investigation team (SIT) of Mumbai police probing the death of Indian Institute of Technology Bombay student Darshan Solanki has recovered a note that mentions the name of his hostel mate, an official said on Monday.
The purported suicide note, written on a piece of paper, was recovered from Solanki’s hostel room some days ago, he added.
Solanki, a resident of Ahmedabad in Gujarat, had allegedly committed suicide on February 12 by jumping off the seventh floor of the hostel building.
The official said the note mentions harassment meted out by the engineering student who has been named.
This student stays on the same floor of the hostel and had allegedly threatened Solanki after a dispute, the official said quoting the note.
The process of registering an abetment of suicide case was underway, he added.
Solanki’s parents and some student organisations had alleged caste discrimination as the cause of his death.
The Maharashtra government had formed an SIT headed by Joint Commissioner of Police (Crime) Lakhmi Gautam to probe the case.

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#IIT #Bombay #students #death #Note #naming #hostel #mate #recovered
( With inputs from www.siasat.com )

March 27, 2023
Nawazuddin Siddiqui files defamation suit in Bombay HC seeking Rs 100 cr damages from his ex-wife, brother

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Mumbai: Bollywood actor Nawazuddin Siddiqui has filed a defamation suit in the Bombay High Court seeking Rs 100 crore damages from his former wife Aaliya alias Zainab Siddiqui and his brother Shamasuddin Siddiqui accusing them of making defamatory and false statements against him.
The suit is likely to be heard on March 30 by a single bench of Justice Riyaz Chagla.
The actor, embroiled in a matrimonial dispute with his former wife, requested the HC to permanently restrain Aaliya and his brother from making any statements or remarks that would defame him.
He also sought a written apology from his former wife and brother.
As per the suit, Nawazuddin had appointed Shamasuddin as his manager in 2008 and “blindly” assigned all financial work to him.
However, Shamasuddin started cheating and defrauding Nawazuddin and purchased properties using the actor’s money, the suit alleged.
It added that when the actor learnt about the fraud and raised queries, Shamasuddin instigated Aaliya to file a false case against Nawazuddin. The actor claimed Aaliya and Shamsuddin have misappropriated Rs 21 crore from him.
When Nawazuddin demanded that properties be returned to him, Shamasuddin and Aaliya joined hands and started blackmailing the actor by uploading “cheap videos and comments on social media”, the suit said.

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#Nawazuddin #Siddiqui #files #defamation #suit #Bombay #seeking #damages #exwife #brother
( With inputs from www.siasat.com )

March 27, 2023
Bombay HC grants interim relief to Anil Ambani in IT case under Black Money Act

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The Bombay High Court ordered the Income Tax Department on Friday not to take any action regarding the penalty notices issued against Anil Ambani, the chairman of Reliance (ADA) Group till March 17, in connection with the income tax proceedings started against him.
The order was passed in response to a petition Ambani filed in which he contested a show-cause notice sent to him under the 2015 Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.
On September 26, 2022, a co-ordinate bench of the High Court granted Ambani ad-interim relief from any coercive action over the show cause notice.
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#Bombay #grants #interim #relief #Anil #Ambani #case #Black #Money #Act
( With inputs from www.siasat.com )

March 10, 2023
Bombay Watch Co

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Get the latest updates in Hyderabad City News, Technology, Entertainment, Sports, Politics and Top Stories on WhatsApp & Telegram by subscribing to our channels. You can also download our app for Android and iOS.
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( With inputs from www.siasat.com )

February 22, 2023
Hyderabad: NMDC Steel Limited listed at Bombay Stock Exchange

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Hyderabad: NMDC Steel Limited (NSL) was listed on the Bombay Stock Exchange on Monday. NSL, National Mineral Development Corporation’s (NMDC) 3 Million Tonnes per annum Integrated Steel Plant at Nagarnar in Chhattisgarh, was listed to become a public company on Monday.
The listing ceremony was held at the Bombay Stock Exchange, Mumbai in presence of Chairman-cum-Managing Director of NSL, Sumit Deb.
NMDC Steel Limited was incorporated as a wholly owned subsidiary of NMDC Limited on January 2, 2015, under the Companies Act, 2013 with a registered office at NMDC Iron & Steel Plant Nagarnar Bastar, Chhattisgarh.
The now demerged company NMDC Steel Limited is a central public sector enterprise with a paid-up capital of Rs. 2,930 crores owned by the President of India, under the administrative control of the Union ministry of steel. The government owns a 60.79% stake in this company, said a press release on Monday.
“Nagarnar Steel Plant is in the final stages of commissioning and is likely to be commissioned shortly. This plant will cater to the domestic steel needs and fulfill the vision of the National Steel Policy 2017 of the Government of India,” said Sumit Deb.
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( With inputs from www.siasat.com )

February 20, 2023
Student death: IIT Bombay forms panel for parallel’ investigation

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Mumbai: The Indian Institute of Technology Bombay has formed a panel to conduct a “parallel” probe into the death of a first-year B.Tech student amid allegations of caste bias and has urged its students to come forward if they have “relevant” information.
The panel is headed by Professor Nand Kishore and also has SC/ST Students Cell members, including faculty and students, a few student mentor coordinators and the in-charge chief medical officer of IIT Bombay hospital, said a statement by institute Director Subhasis Chaudhuri on Saturday.
Darshan Solanki (18), who belonged to a Scheduled Caste community, allegedly committed suicide by jumping off the seventh floor of a hostel building on the Powai campus of the IIT on February 12, but his family suspects foul play in his death and said he faced discrimination.
The Powai police are investigating the matter and have also visited Solanki’s home in Ahmedabad.
Highlighting that Prof. Nand Kishore was the chief vigilance officer of IIT Bombay till recently and is experienced “in these matters”, Chaudhari said that the committee is actively meeting everyone who might have relevant information.
“If you have any information that you believe may be relevant, please reach out to the committee by either meeting any of the committee members, or by emailing Prof. Nand Kishore or to the Powai Police,” Chaudhari appealed through the statement.
IIT Bombay and police are actively investigating the “environment, incidents, and reasons behind Darshan’s tragic death”, it said. The police have interviewed a large number of people, and also taken Solanki’s phone and laptop for forensic analysis, Chaudhari said.
In the statement, Chaudhari said IIT B is working towards changes in their UG curriculum, starting with the batch of 2022, to make it “more relevant and motivating to students, and to reduce some of the stress”.

Calling some media reports about the student’s death “premature”, Chaudhari said that “as the matter is sub-judice so we cannot comment on the causes until either police report or our inquiry committee report is ready”.
According to Chaudhari, IIT Bombay has an SC/ST students cell, where students can reach in case of issues including discrimination.
“We are working actively to create an inclusive campus where all students feel at home,” Chaudhari said.
He said they give strong warnings against any discrimination during new students’ formal orientation and also sensitise all students to not seek proxy information such as ranks in entrance exams. “We have a very strict policy on discrimination by faculty,” Chaudhari said.
Solanki’s family on Wednesday had claimed that he faced discrimination at the IIT B for belonging to an SC community and maintained that there was a strong possibility that he was “murdered”.
According to a police official, his parents had visited Mumbai to collect their son’s body. In their initial statements, they had not raised any objection to the probe or expressed doubt over the cause of their son’s death, said the official had said earlier.
Gujarat Congress MLA and Dalit leader Jignesh Mevani has demanded a probe by a Special Investigation Team (SIT) into Solanki’s death.
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( With inputs from www.siasat.com )

February 18, 2023
Student group seeks resignation of IIT Bombay director after death of pupil

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Mumbai: A student collective at the Indian Institute of Technology Bombay on Wednesday demanded the resignation of the premier institute’s director in the backdrop of alleged suicide by a first-year Dalit student and allegations he was facing caste discrimination.
The Ambedkar Periyar Phule Study Circle (APPSC) also sought that a report of the SC/ST Cell of the IIT Bombay, which it claimed talks about lack of institutional support for Dalit and tribal students in the campus, be made public.
The student, Darshan Solanki (18), died allegedly after jumping off the seventh floor of a hostel building on the Powai campus of the premier institute on Sunday. Solanki, who hailed from Ahmedabad, was a first-year student of BTech (Chemical).
The IIT Bombay on Tuesday rejected charges of caste bias in the institute and said initial inputs from the deceased’s friends suggested there was no discrimination.
In a statement, the APPSC, a student body within the campus, said, “We demand resignation of the institute director (Prof Subhasis Chaudhuri) in the light of these new facts and hope the administration will start the much needed learning process, at least now. Data prepared by the SC/ST Cell points towards the lack of institutional support for SC/ST students at the IIT B.”
The student body alleged the IIT-B administration has not appointed any SC/ST counsellors even after its complaints and said this shows blatant disregards towards the pupils.
“Despite all the detailed testimonies and data which is available with the institute, the director kept reiterating that ‘there is no discrimination’ on the campus. We demand his resignation,” the statement said.
The APPSC said past reports of the SC/ST Cell as well as others be made public.

“We want the administration to stop hiding the reports of the surveys conducted by the SC/ST Cell as well as others, and release them for public discussion as soon as possible. The structural issues at the IIT B faced by the students have been pointed out time and again to the administration in the last several years. Even the surveys conducted by the SC/ST Cell, and an open house on caste conducted last year detailed the kind of everyday discrimination that our students face on campus,” the statement said.
However, the institute on Tuesday said it takes utmost precautions to make the campus as inclusive as possible and it has a zero tolerance for any discrimination by faculty.
Caste identity is never disclosed to any one (whether students or faculty) once the admission is done and the institute sensitises students to not seek proxy information such as ranks in entrance exams, it said in a statement.
The institute gives strong warnings against discrimination right from the time students enter the IIT campus. While no steps can be 100 per cent effective, discrimination by students, if at all it occurs, is an exception, the statement said.
The IIT Bombay has an SC/ST Cell which students can approach in case they face any issues, including discrimination. There have been very few complaints to the cell, whether against faculty or other students, over the past many years, and only one case was found to have substance and strict action has been taken, it said in the statement.
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#Student #group #seeks #resignation #IIT #Bombay #director #death #pupil
( With inputs from www.siasat.com )

February 15, 2023