Mumbai: A special court on Tuesday allowed the CBI to summon and examine an additional prosecution witness in the Sheena Bora murder trial, which it as it its fag end with the 149th witness — CBI’s investigating officer K K Singh — deposing.The prosecution sought permission to examine Narayan Pathak, an employee of Worli’s Hotel Hill Top, after Vernon Fernandes, the hotel’s general manager, could not be examined as a witness as he had passed away. The prosecution said Fernandes had handed over documents related to accused Sanjeev Khanna’s stay at Hotel Hill Top on the relevant dates of the alleged offence and had been cited as a prosecution witness.The court allowed Pathak to depose for the limited purpose of identifying the signatures of Fernandes on hotel documents. The order said, “…though prosecution had more lapses, the documents in question are necessary for just decision of the case. Thus, the evidence for the proposed witness goes to the root of the case and it is indispensable.”The court also held that no prejudice would be caused to the defence because the accused would get an opportunity to cross-examine Pathak. At the same time, the court reminded the prosecution that the trial has been pending since 2015 and is being conducted on a day-to-day basis in view of time-bound directions.The defence opposed the application, arguing that the CBI had moved it after an unexplained delay of about three years and seven months. It also contended that other hotel witnesses and investigating officers had already been examined, and that the prosecution was attempting to fill gaps in evidence at an advanced stage of trial. The defence further argued that Pathak was not cited in the chargesheet and that Pathak’s statement had not been recorded during investigation.The court noted that Fernandes’s death had been reported earlier along with a death certificate, making his examination impossible. The CBI submitted that Pathak had worked with Fernandes and was acquainted with the latter’s handwriting and signatures. The prosecution also clarified that no fresh documentary evidence would be introduced through Pathak and that the examination would be confined to identifying and proving documents bearing Fernandes’s signatures.The court recorded that Hotel Hill Top documents were material because they directly related to the prosecution’s case that Khanna stayed at the hotel on April 24 and April 25, 2012. The court said, “Therefore, the documents in question are directly relating to the accused’s stay in the hotel. Therefore, the documents are material. Thus, these documents are necessary to unearth the truth.”The judge also observed that the investigating officer could prove seizure and chain of custody of the documents, but could not identify Fernandes’s signatures. The court said, “Moreover, the person who had worked with deceased…Vernon Fernandes may be in a better position to identify the signatures of the deceased on those documents. Thus, it can be just and proper to say that the evidence of the proposed witness is not merely helpful, but it is ‘essential’.”The court also directed that the examination of investigating officer Singh should not be postponed merely because the application was allowed and that he should be examined first on priority basis.The CBI’s case is that Indrani Mukerjea, along with her former husbands Khanna and Peter Mukerjea — who in 2015 was still married to her — and their driver Shyamvar Rai hatched a plan to abduct and murder her daughter Sheena Bora and attempt to murder her son Mekhail Bora. The CBI claimed that on April 24, 2012, Indrani, Khanna, and Rai abducted Sheena in a car, administered sedatives, strangled her, and disposed of her body in a forest in Pen in Raigad district. The alleged crime came to light in August 2015. Rai turned approver and deposed as a prosecution witness.

The Railway Claims Tribunal awarded Dravita Singh Rs 4.2 lakh compensation for injuries sustained in a 2018 robbery.

MUMBAI: Eight years after Kalyan resident Dravita Singh lost part of her limbs in a horrific instance of ‘fatka robbery’, the Railway Claims Tribunal (RCT) has allowed her claim partly and asked Central Railway to pay her Rs 4.2 lakh, plus interest, as compensation. While welcoming RCT’s order, Singh’s father, Hemant Kumar, pointed out that the trial before the sessions court, however, was yet to start.On Feb 7, 2018, Singh, then 23, had fallen off a moving local train between Sandhurst Road and Masjid stations after being hit by a stick-wielding robber. Her three fingers, a toe and a portion of her right foot were crushed after another train hit her. She underwent multiple surgeries and skin grafts before she could walk again.Singh, through her lawyer C K Sable, filed a claim before the RCT in July 2018. She stepped into the witness box and filed an affidavit, recounting the sequence of events and how she suffered injuries. She also stated that she had a valid return-journey ticket and was a bonafide passenger.

The incident

The Railways’ counsel opposed her claim by producing the divisional railway manager’s report, which concluded that the incident had occurred when Singh was speaking on her phone while standing on the footboard of the train, which is an offence.The Railways’ counsel also argued that police had not found any ticket in her possession. The counsel argued that as per the motorman and train manager’s statements, Singh was knocked down by an oncoming train while running on the tracks, which amounts to trespassing and is an offence.The RCT, however, observed that “falling off a train and running behind the thief to recover a mobile and, in that process, if the applicant (Singh) sustained injuries, even if she had been infringing railway lines and was hit by a train coming from the opposite direction, it cannot be called trespassing. It is an ‘untoward incident’ defined under the Railway Act”. The RCT also observed that Singh was a bonafide passenger based on her affidavit.Singh was awarded Rs 4.2 lakh as compensation, plus 9% interest, from the date of the incident to the date of the order. Of the amount, Singh was permitted to withdraw Rs 40,000 through her savings account and the rest was to be invested in an annuity deposit scheme in a nationalised bank.Refusing to be bogged down by the traumatic incident, Singh ran the Mumbai Marathon and appeared for her graduation exam with her leg in bandages within a year. Currently, she works with a housing finance company and is simultaneously pursuing an MBA.“We were expecting the trial to be fast-tracked in the sessions court, but eight years have passed and it has not even started. Police have not been in touch with us about the status of the case,” lamented her father.Of the three accused booked in the case, one was a juvenile, while another is out on bail.The 2018 incident* Dravita Singh, then 23, fell off a running local train between Sandhurst Road and Masjid stations after a stick-wielding robber hit her to rob her phone on February 7, 2018. She saw another train approaching and tried to roll away from the tracks, but three fingers of her left hand, her toe and a portion of her right foot were crushed by that train. She also suffered a head injury and had to undergo multiple surgeries and skin grafts* CSMT Government Railway Police registered a case of attempt to commit murder and robbery under the Indian Penal Code* Police booked three persons: a 17-year-old boy who had struck Singh; Ajay Pal, who was present when the robbery occurred and helped sell Singh’s stolen phone; and Rukhsar Barbiya, a homemaker from Masjid who purchased the handset. Barbiya is out on bail* Trial yet to start

Despite the confusion, a large group gathered at Shivaji Park, Dadar

Mumbai: The protest in the city on Tuesday over the NEET paper leak was supposed to be held at Azad Maidan from 4 pm onwards, with permission granted by Mumbai police. But one of the protesters, Oamkaar Sadarangani, told TOI they found out in the morning that police had rescinded permission.Despite the confusion, a large group gathered at Shivaji Park. “The idea to gather there was spread entirely by word of mouth. There was no official announcement, but most of us instinctively went there,” said Shreya Singh, a postgraduate literature student from Mumbai University. She said youngsters were “afraid” because police had detained people the day before. “But seeing the crowds come in, we were inspired to continue,’’ she added.Another protester said there were also announcements on social media that a group of protesters would walk from Nariman Point towards Azad Maidan; however, that plan too was cancelled. Police put up barricades in the area as a precaution.According to Singh, before she arrived in Dadar with her group of friends, two police vans had carried off several protesters. “But that did not stop people. There was heavy police bandobast at Shivaji Park, but we entered a little late from the park’s left side entrance,” she said.According to protesters, the surge in the crowd at Shivaji Park deterred the police from taking any more detainees. “At one point, the police realised they were outnumbered and announced we would be allowed to remain at Shivaji Park until 6 pm and no action would be taken against us. We adhered to what the police said and remained respectful and non-violent. And at 6 pm sharp, everyone began to disperse,” said another protester.Sadarangani said a big group of women was taken to Worli police station, but Shiv Sena (UBT) activists reached immediately and argued with the police to be let in and allow lawyers to be let in as well to talk to the detainees. “Soon after, all the women were released. The police kept saying that they had received orders from officials,” he added.Meanwhile, the gathering of CJP-supporting young protesters in Shivaji Park and elsewhere evoked a groundswell of support on social media.One Siddhant Malvankar said on X, “Peaceful protest is a fundamental constitutional right. Citizens don’t need permission to protest against the government. Btw, what action does Mumbai Police take against illegal vendors encroaching on footpaths and roads, and how many complaints have been filed against them?”A debate erupted online. Nick alias Nekzaad offered “full support (to) Mumbai Police.” “Whichever side you’re on, if you do not have official permission & break the law, you should be penalized. Some of us have to go to work, earn our livelihoods & pay taxes. India’s financial capital has no time for rubbish. Have a problem? Go vote,” he posted. To which Surendra Deonalli replied, “In no other country, democracy, does anyone need permission to protest.”

Mumbai: Driver negligence and rash driving were responsible for the three latest fatal BEST bus crashes in Mankhurd, Dadar and Andheri, the findings of an internal inquiry by the undertaking has revealed.Speaking to the media after the committee meeting on Tuesday afternoon, BEST general manager Sonia Sethi said preliminary investigations pointed to driver error as the primary cause in all three incidents, which resulted in deaths, injuries and damage to several vehicles.In Monday’s incident, the driver was reportedly speeding and he wanted to go under a flyover and take a sharp turn, but he lost control and ended in a crash. “Our inspection has revealed there was no technical fault with the bus,” Sethi said, while the driver has claimed it was a brake failure.Mankhurd police said preliminary findings, including breathalyser and blood tests, indicate the bus driver was not under the influence of alcohol. A detailed forensic report is expected by Wednesday. Injured bus conductor Vaibhav Waghmare, 41, and driver Banvari Shriram Prasad Sharma, 51, are stable. Police said the RTO inspection report will be crucial in determining whether the crash resulted from human error or a technical fault.At the panel meeting, BEST member, Shiv Sena UBT Nitin Nandgaonkar, said he has received a BEST reply to a query on poor maintenance of buses, which revealed that “868 buses in the undertaking were found having issues with the brake and steering systems at depots over a period of time, of which repairs were carried out in 774 buses before they were found fit to run on roads, and work on 94 others was still in progress.”“With fines of Rs 5,000 per day for a defective bus, and these buses being repaired past 3 months, the administration should disclose the penalty it has levied on contractors,” he demanded, adding that such a huge number of buses being repaired for brake- and steering-related issues was an ‘eye-opener’.BEST panel chairperson Trushna Vishwasrao called for an urgent meeting with wet lease bus operators and indicated that stringent action could follow. This includes the possibility of terminating a contract involving around 150 buses operated by one contractor. She also sought a separate meeting with wet-lease drivers to understand operational and workplace issues that may be contributing to the accidents. Vishwasrao said all wet-lease contracts would be reviewed, alleging that BEST pays contractors for nearly 200 km of daily operation even though actual bus usage is often below 150 km. She also questioned lease rates of up to Rs 80 per kilometre, noting that similar buses are available under central govt schemes at around Rs 60 per kilometre.Nandgaonkar alleged at the meeting that the undertaking had 50%-60% buses in bad condition and with ‘defects’ and needed to be repaired fully before being operated on the road. “You cannot play with the lives of passengers and pedestrians,” he said, referring to the recent bus crashes involving fatalities, passenger injuries and multiple vehicles being damaged due to the crash.While reiterating that buses on the road had no technical issues and were roadworthy, Sethi said there were regular inspections of all buses in the fleet, and that she issued fresh road-safety directives and was reviewing driver training standards. “Our objective is to ensure safety of all passengers and that only buses with zero defects and trained drivers are operated on the roads,” she added. Measures under consideration include mandatory training, restrictions on overtime and efforts to improve salaries and service conditions of contractual drivers with support from the law and judiciary departments.(With inputs by S Ahmed Ali)

Mumbai: BEST is preparing for a major shift in its bus operations, with plans to gradually move away from dependence on wet-lease buses and build a fleet of 5,000 self-owned vehicles, including a large electric bus component.Speaking to media after a panel meeting on Tuesday, BEST general manager Sonia Sethi said the undertaking currently has more wet-lease buses than BEST-owned vehicles as its own fleet has steadily shrunk over the years. “However, in the long term, BEST plans to own 5,000 e-buses and expand its overall fleet to 10,000 buses over the next two to three years to meet the mobility needs of Mumbai’s growing population,” she said.To achieve the target of 5,000 owned buses, BEST will require funding of around Rs 6,500 crore. Sethi said a decision on the funding mechanism will be taken at an upcoming BEST committee meeting. The undertaking will examine whether the project should be financed through govt support or by raising its own resources.The move follows directions from deputy chief minister Eknath Shinde and is aimed at restoring the operating model that BEST followed for decades. The self-owned buses will account for half of the fleet.BEST currently operates around 2,800 buses and is expected to receive 1,500 wet-lease electric buses under the Centre’s PM e-Bus initiative, which provides financial support until 2027. Beyond that period, the undertaking intends to focus on acquiring its own buses rather than relying on private operators.Sethi further said that BEST also plans to revive the traditional operating model under which the undertaking owned and maintained its buses and employed its own drivers. According to Sethi, cost-cutting measures introduced in 2019, including a recruitment freeze and increased dependence on wet-lease buses, were adopted to reduce financial pressure and secure support from the BMC. “We now want to reverse many of those decisions,” she said.Signalling a shift away from its dependence on wet-lease operations, Sethi now announced plans to recruit its own bus drivers as part of a broader strategy to gradually rebuild a predominantly self-owned fleet. She said special funds will be earmarked for fresh recruitments, allowing the undertaking to return to its earlier model of operating buses with its own trained workforce. Sethi said the move aims to revive a system that had served Mumbai efficiently for decades, when BEST-owned buses were operated by permanent drivers and were known for better maintenance, safety standards and service reliability. Officials say they believe the decision will help strengthen accountability, improve driver discipline and enhance commuter confidence as BEST expands its fleet in the coming years.The announcement comes amid scrutiny following a series of recent bus accidents. Officials said the objective is to restore public confidence in BEST by improving fleet quality, driver discipline, safety and reliability while creating a modern, largely electric public transport system for Mumbai.

The judges also directed the collector “to initiate immediate steps for removal of the encroachments”

Mumbai: Bombay high court on Tuesday directed BMC to undertake an extensive drive for clearing garbage from a pond in Sector 7, Charkop, Kandivli West and cleaning up the area.The direction by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad followed after BMC submitted photographs “as of today” showing the status of the pond due to garbage dumped from slums next to it. “It will shock the conscience of any prudent person as it depicts that the natural pond is virtually blocked,” the judges said. Referring to one particular photograph, they directed that a picture of the site from the same angle be produced before them after two weeks.HC was hearing a 2021 petition for permission to carry out beautification and conservation of the pond due to the presence of mangroves. On July 14, BMC said it wants to put up a gabion wall to stop encroachments. HC then said that it must remove the encroachments first and that the municipal commissioner must take a “definite and firm stand”.BMC’s advocate, Saket Mone, said the encroachments are on collector land. On May 8, the civic body had written to the deputy collector (encroachments) to take action against a slum of nearly 100-150 huts, he said. Mone added that on June 18, a reminder was sent offering to provide whatever resources required for demolition. He said BMC “wants to create a pathway and a plantation and a gabion wall on the edge”. “It will help with the ingress of saline water for the mangroves.” After Mone submitted photographs of the pond, the judges remarked that they are “shocking”.Advocate Karl Tamboly, for Bombay Environmental Action Group, whose PIL prompted HC in Sept 2018 to mandate taking its permission for projects within the 50m buffer zone of mangroves, said the photographs “are worse than photographs which had earlier come in”.The judges allowed the govt pleader’s request for two weeks to take instructions. They said in the meantime, BMC must undertake a clearance drive. “We would not tolerate any garbage in that natural pond,” they added. The judges also directed the collector “to initiate immediate steps for removal of the encroachments”.Adjourning the hearing to Aug 6, they noted that garbage and encroachments “are two issues which can be said to be the root cause of the disease which is caused to this natural pond and in effect is hurting the mangroves”.