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Press Release

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed developer to give an undertaking that the firm will cover any losses suffered by five home buyers, who got refund orders for delayed possession last month, till the filing of an appeal with the appellate tribunal.

On September 27, 2018, MahaRERA had ordered the developer to refund the investments of five home buyers – Rahul Bhosale, Hitesh Shah, Riyaz Jetham, Alistair Gomes and Sachin Kadam – who had booked flats in Acropolis project in Virar through a subvention scheme in which buyers paid eight per cent of the flat consideration and the banks paid the remaining 92 per cent. The order was to be executed by the developer within 30 days from the date of the order.

The subvention scheme itself is a very big scam, in this scheme the builder gets almost 95% of the loan amount on signing of the agreement without laying a brick, unlike regular home loan where the bank pays to the builder as per progress of the work, the builder lures the home buyers on promise to pay EMI till he hands over the possession, but when builder fails to construct or give possession on time the liabilities comes on the home buyer and the home buyers becomes defaulter and not the builder, in subvention scheme builder charges 10% more then the market value which the buyer realises on the later stage, subvention scheme is design to cheat home buyers.

The developer approached MahaRERA again on October 11 and got a stay on the order till October 24. On October 24, the matter was heard again, and the developer sought extension of stay on the execution of the judgment till the end of 60-day appeal period, citing financial crunch to pay the decretal amount that needs to be paid before the Maharashtra Real Estate Appellate Tribunal.

According to Section 43 of RERA, the appellant has to deposit 50 per cent of the amount with the tribunal before the appeal can be heard.

During the hearing before MahaRERA member Madhav Kulkarni, Sulaiman Bhimani, who appeared for the home buyers, strongly opposed the stay petition arguing that home buyers will suffer monetary losses since they had purchased the flats with bank loans and are paying EMIs. He argued that Rahul Bhosale, who had taken two bank loans, had received a foreclosure letter from the bank stating that if dues are paid before a cut-off date, he will get a concession of Rs seven lakh. He argued that home buyers will suffer immediate losses if the stay is extended.

Kulkarni then directed the developer to file an undertaking to make good any losses suffered by the home buyers till the end of the 60-day appeal period which ends on November 26. The stay was granted after developer complied with the undertaking.

Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum 
9323642081
Sulaimanbhimani11@gmail.com

A group of people protesting the nationwide crackdown on human rights activists were picked up and arrested at Liberty chowrasta near the Ambedkar statue in Hyderabad around 11am on August 29. The protesters were not even allowed to stand near the Ambedkar statue and were arrested and detained by Hyderabad police. Some bystanders were also picked up and nearly 5 vans full of people have been dragged and taken away. Nearly 250 police personnel have been deployed in the vicinity. Protesters, however, continue to gather around the area.

dissent is patriotic

The protests were organised in connection with the August 28 raids against on human rights activists, lawyers, journalists, teachers and cultural activists and trade unionists. Pune police conducted raids on the houses of Varavara Rao, poet and renowned activist, Sudha Bharadwaj a well known civil rights activist and lawyer who has been working and organising labourers in Chhattisgarh, Vernon Gonsalves and Arun Ferreira, Mumbai based activists who have repeatedly expressed dissent against the State and Gautam Navlakha, also a civil rights activist and journalist who has extensively written about the Human Rights violations in the State of Jammu and Kashmir. They were arrested for allegedly having ‘Maoist’ links and being connected with the Elgaar Parishad. Right-wing Twitter trolls have been quick to brand them ‘Urban Maoists’.

The arrested have been booked under the draconian Unlawful Activities Prevention Act (UAPA) and 3 of the 5 arrested are expected to be presented in court today.

Apart from this Father Stan Swamy, who has been organising Adivasis in Khunti, Jharkhand has also had to experience the wrath of the Pune Police who presented him with a warrant written in Marathi. Interestingly, Swamy had nothing to do with the Elgaar Parishad!

It is clear that the State is hell-bent on stifling voices of dissent that threaten their electoral power. This witch-hunt is a clear threat to a Democracy and the Constitutional Principles of Freedom to dissent.

Human rights defenders and activists have expressed their solidarity and concerns over the State's unprecedented attack on these activists. Protests meetings and conferences have been organised in various parts of the country.

Originally published here.

22

We, the undersigned, are shocked by the serial raids across the country on the homes of activists and public intellectuals who are critical of the government and the ruling party at the Centre. The arrests of prominent activists and intellectuals Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha, Varavara Rao, Arun Ferreira, Kranthi Tekula and others, are nothing but an attempt by the government to strike terror among those who are fighting for justice for the marginalised. This is also an attempt by the BJP to invent a false enemy and engage in scaremongering in order to polarise the 2019 elections in its favour. Already, the government and the media houses close to the BJP have been trying to spin a false narrative of a Maoist conspiracy since June, 2018. Terms like “urban naxals” are invented in order to stifle any criticism of the government. We have learnt that the Delhi Police, after having arrested Sudha Bharadwaj, waited for Republic TV to arrive before taking her to the court. This simply shows that the arrests are incomplete without the accompanying sensationalist media propaganda to demonise activists, human rights defenders and intellectuals.

The so-called raids carried out on the houses of these activists are aimed at creating a spectacle, as the writings and views of these intellectuals are already publicly known and are well documented. This seems like a conspiracy to divert attention from the gravity of the Sanatan Sanstha conspiracy to carry out serial bomb attacks on Eid and Ganesh Chaturthi! The same Sanatan Sanstha was also involved in the murder of Gauri Lankesh, as per the ongoing investigations by Karnataka police. Today’s arrests have been carried out in order to give cover to the murderers of Gauri Lankesh. People like Sudha Bharadwaj, Gautam Navlakha and others who have been arrested are friends of the people who have dedicated their entire lives to the betterment of the Indian public. By arresting them, the BJP is only exposing its insecurities and its intolerance to any dissent or criticism of its policies.

The arrests should be seen in continuation with the recent attacks on pro-justice voices such as Swami Agnivesh, Umar Khalid and many other student activists from Delhi to Lucknow. A BJP lawmaker from Karnataka even advocated the murder of “intellectuals.” Both the arrests and the physical attacks on justice loving people must be seen in a series of attempts to stifle dissent and deny social justice.

We demand immediate release of the arrested individuals, dropping of all false and malicious charges, as these arrests are politically motivated and unjustified.

Shehla Rashid Shora, former Vice-President, JNU Students’ Union.

Mohit Pandey, former President, JNU Students’ Union.

Paranjoy Guha Thakurta, Author, Journalist, Publisher.

Neha Dixit, Journalist.

Jignesh Mevani, MLA Vadgam, Gujarat.

Sanam Sutirath Wazir, Human Rights Activist.

Nakul Singh Sawhney, Documentary Filmmaker.

Teesta Setalvad, Journalist and Social Activist.

Harish Iyer, Equal Rights Activist.

Swami Agnivesh, Arya Samaj, Social Activist.

Admiral L Ramdas

Lalita Ramdas

Shabnam Hashmi

Vidyut, blogger.

Ashok Bharati, Dalit Leader

Maj Priyadarshi Chowdhury, SC, ESM Activist & Coordinator Joint Agitation of Farmers, Dalits & ESMs

Shri VM Singh, Rashtriya Kisan Mazdoor Sanghatan

Kumar Prashant, Chairman, Gandhi Peace Foundation to the statement

If you agree with the above statement, please add your name in the comments and I will periodically add names to the post.

By Raju Vernekar

The residents of the Akash Horizon Premises Cooperative Society Limited, located bang opposite Western Railway’s (WR) car shed at Mumbai Central (east side), have complained about constant air and noise pollution, they are suffering for nearly one decade, due to the work of maintenance of trains, in the car shed adjacent to their building.

The testing, recharging and maintenance of Rajdhani. Shatabdi and Duronto trains is done in the open shed, touching the compound wall of the Aakash building. While shunting of coaches/locomotives and testing of power cars generates a lot of noise, a lot of smoke is emanated by the diesel generators, which straightway flows in the flats of the residents. The generators also cause vibration, due to which the compound wall of the building was  collapsed some time back.

The work also causes financial loss to the railways since it has been using outdated technology. The testing can be done through less expensive electric power generators, as against age-old diesel operated generators. The diesel is much more expensive, Sulaiman Bhimani, President, Citizen Justice Forum said.

Mirza Baig, Hon Gen Secretary of the society, who has been following up the matter with WR since long, in a letter dated 5 December 2017, to Divisional Railway Manager (DRM), has pointed out that the railways recharge generators day in and day out causing considerable amount of noise and sound pollution.

The 19 story building accommodates over 1000 people, most of whom are senior citizens. The work goes on till 4 AM disturbing peace in the area, Baig has stated requesting WR to take corrective step to stop this nuisance. The “Equinox Labs” in its report dated 17 March 2016, had stated that the noise level in the shed was 94.4 decibels as against specified limit of 55 decibels. If the railways fail to take corrective action, then we will be left with no option but to approach the court, Baig said.

Additionally, BMC’s Nair Hospital, catering to lakhs of patients, which is in close proximity of the yard, and thousands of residents in the neighbourhood also has to bear the noise and air pollution emanating from the yard.

Earlier, in response to a query under RTI by the resident Laeek Chunawala, ADME (BCT), WR vide letter dated 31 December 2015, had admitted that the department had not obtained any NOC for the work. Similarly DEE/RS/BCT vide letter dated 7 January 2016 had stated that the EMU shed is for day to day maintenance of EMU rakes and is not covered under Factories Act 1948.

Way back in 2009, the then WR GM R N Verma, in a letter dated 4 December 2009 to former MP and Minister Milind Deora, had stated that the rescheduling of the work of testing power cars has been done so that the residents are list disturbed. But of no avail.

Under article 21 of constitution of India, every citizen has right to live in clean and peaceful environment and it is the responsibility of state to provide it. It is expected of Railway Minister Piyush Goyal to give relief to citizens, who include senior citizens, women and children, Bhimani said. There was no response to detailed email seeking clarification sent to WR DRM.

Caption

  1. a) Akash Building Horizon Building
  2. b) railway yard at Mumbai Central
click for the video link below
Smoke coming out of diesel generator van entring into home of Akash Apts https://tinyurl.com/y8ql26eu 
Link to RTI Documents and Communication and Correspondence done by Residents  Akash.Scty https://app.box.com/s/t3kjofseutul88v8nkd719pwpw0fi5e7
Old outdated diesel generator vans used for testing recharging Rajdhani, Duronto and Shatabdi Trains instead of electric operated systems 
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum 
President of Janata Congress party (Mumbai District)
9323642081

PRELIMINARY FACT-FINDING REPORT OF WOMEN’S GROUPS INTO THE INCIDENT OF GANG RAPE OF 5 ADIVASI WOMEN IN KHUNTI

CONTINUING REPRESSION IN GHAGHRA AND NEIGHBOURING VILLAGES IN KHUNTI & ARAKI DISTRICTS OF JHARKHAND

Press Release

Date: 04 July 2018

Following up on media reports of the gang rape of 5 adivasi women in Kochang, Araki block, Khunti district while holding street plays on anti-trafficking, WSS constituted a fact-finding team comprising women’s groups from different states and local activists from Jharkhand to investigate into the incident. The fact-finding was held over 3 days, from 28 June to 30 June, in and around Khunti, Kochang, Ranchi and neighbouring areas, to gather further information on the incident and subsequent developments, as the only narrative available to the public was that of the administration, and the media did not carry information from independent and alternative sources. During the fact-finding, the team met with several persons and institutions related to the incident and with information on the case. The team also attempted to meet with the 5 survivors, currently under the custody of the Khunti police., but was not granted access.  Though we did seek appointments to meet with the district collector and S.P., they did not meet us.

Through the course of the fact-finding, several facts have emerged which throw into question the narrative of the police.

Facts emerging from the fact-finding

  1. The incident of gang rape against the 5 women performing street plays on anti-trafficking occurred on 19 June 2018 in Kochang village, Araki block. The street plays were a collaboration between , a home for rescued women, managed by the RC Mission in Jharkhand, and a troupe belonging to an NGO. Out of the 5 survivors (all adults) , two were those who had been under the care and protection of the organization affiliated with the mission, and 3 belonged to the troupe of the NGO. In the first FIR lodged by the head of the NGO, he alleges that the Sisters accompanying the troupe from the RC Mission pressured the troupe on holding the performance in Kochang. However, as per information gathered from several other sources, by 19 June, the troupe had already completed their planned 16 performances in the district, and it was on the persistence of the head of the NGO that the others reluctantly agreed to also hold another performance in Kochang, as he said he had already made announcements far and wide.
  2. The incident occurred on 19 June 2018, but two FIRs were filed on the incident, one at the Khunti PS and the other at the Khunti Mahila PS, only on 21 June 2018. As per our inquires, we believe that the police had already received information of the offence at least as early as 20 June. On 20 June itself, the police had called one of the two Sisters who were also a part of the troupe for questioning, and later in the night, had brought 2 of the 5 survivors (those who were in the NGO's troupe) for their preliminary medical examination, and on 21 June, a board was constituted as per law for the medico-legal examination of all 5 survivors. It is not known how, and from whom, the police first received information of the offence. As per our inquiries, the thana first received information of the offence directly from the SP office.
  3. The FIRs identify Father Alphonse and ‘other unidentified persons/ pathalgarhi supporters’ as the accused. However, there is videographic evidence of the incident. One week after the incident, the police released the photo of one of the accused from the same video, who is well known by the locals and journalists as Baji Samant, who is not a pathalgarhi supporter but a resident of a different village, Sarai-kela. all other sources we spoke to including those form near by villages said  that the 4 men who came on bikes (the suspects) were not from the area.
  4. While it is being projected in the media that Father Alphonse was arrested for not doing enough to prevent the incident, and for failing to report the case to the police, in the FIR he is accused of a range of very grave offences, most of which are non-bailable. Offences included in the FIR lodged at Mahila thana by one of the survivors on 21 June include: wrongful restraint, wrongful confinement, voluntarily causing hurt, disrobing, gang rape, kidnapping, kidnapping with intent to wrongfully confine and conspiracy. Offences in the other FIR lodged by the head of the NGO also on 21 June include: wrongful restraint, wrongful confinement, voluntarily causing hurt, causing hurt by means of poison, kidnapping, kidnapping with intent to wrongfully confine, criminal intimidation, hiding evidence and conspiracy.
  5. As per our inquiries, apart from Father Alphonse, two other persons have been arrested by the police. The police claim that these two accused have further identified 3 others as co-accused, who they claim are leaders of the Pathalgarhi movement. On asking whether the identity of all 5 identified accused and their claims have been verified by the 5 survivors, we were told that only the SP office will respond to all queries about the incident.
  6. On 26 June, the police claimed to have raided Ghaghra village in order to arrest these three other named suspects in the gang-rape who are also ‘leaders’ of the pathalgarhi movement. On this day, residents of Ghaghra and some from neighbouring villages were holding a Gram Sabha meeting on the issue of pathalgarhi, and we received no confirmation of the presence of any of these 3 named suspects at the meeting. The police force, initially comprising only adivasi personnel, but later also joined by more force, the DC , SP and others, attempted to stop the Gram Sabha meeting, after which there was an altercation between the people and the police. It was during this process that the women residents chased the police to the house of Karia Munda, and brought back three deployed guards with them.
  7. On 27 June, a 1000-member strong force of CRPF, RAF, JAF and personnel from other units raided Ghaghra (a village with a population of around 300) and neighbouring 7 villages. Out of these 7  villages, pathalgarhi had only been declared in 3 or 4 villages. Out of the 2 villages where pathalgarhi had been initiated, the security forces unleashed brutal violence in the form of beatings and atrocities on men, women and children, lathi-charge, tear-gassing and rubber pellet shootings, and also raided the homes of the residents. One person died in the lathi-charge, a minor girl suffered fracture, and between 150-300 persons, including women in substantial numbers, were arrested. After the raids, residents of all 8 villages have fled to the forest and nearby areas out of fear and terror. The security forces continue to camp outside the villages even after the so-called abducted guards returned safely on 29 June. The fact-finding team attempted to also enter Ghaghra village for inquiries, but were refused access by the heavy numbers of security personnel deployed outside the village, and the roads were blocked with armed vehicles.

The investigations of the Fact-Finding team raise the following questions:

  1. How and when did the police first get information of the incident? Why was an FIR not filed immediately but only 2 days later?
  2. Why were two of the survivors taken for a surreptitious medical examination on the night of 20 June, followed by a full medical examination of all 5 survivors on 21 June?
  3. When there was video recording of the incident, why was the FIR filed against ‘unidentified’ persons? Why did the police not pursue the accused, Baji Samant, identified in the video, despite being aware of his name and address? While it storms into unconnected villages of the pathalgarhi movement under the pretext of arresting the rapists.
  4. Why did the police raid the Gram Sabha meeting in Ghaghra where the pathalgari event was ongoing on the pretext of arresting the accused, when they knew that the accused belonged to another area, Sarai-Kela?
  5. Why have the police not verified the identity of the 2 persons arrested thus far by the survivors? Also, why have the police not verified the identity of three suspects being pursued by the police by the survivors, but instead only by the two suspects who are already in the custody of the police? Also, if Yusuf Purti has not been named by any of the arrested accused or the survivors, then why is the police projecting him and other Pathalgarhi leaders/ supporters as the rape accused in their proceedings and the media?
  6. Why are the girls still under the custody of the police? Why are they not being allowed to meet or speak to anyone (except the NCW team)?
  7. Who is head of the NGO which was a part of the troupe and who has filed the first FIR? Where has he disappeared after filing the FIR on the incident with the police? Is he also under the custody of the police?

Conclusions of the investigations into the incident by the fact-finding team:

  1. The Jharkhand police and administration are maintaining utmost secrecy in the actions and proceedings subsequent to the incident. As of now all information about the incident, the statement of the survivors and the witnesses is coming form only one source – The SP office. On the pretext of keeping the 5 survivors in the protective custody of the police, they have not been allowed to meet or speak with anyone, including their families and other care-givers, except the NCW team. The organizations to which they belong have also been not allowed to speak with press or any one else. The staff of that organization has also been ordered to stay within the organization premises and are not allowed to admit visitors or speak to anyone.  We also found out that the families of these women have not been informed by the police about the incident. In the whole incident, their voice (who are all adults, some of who are married and have children) is completely missing. There has been no statement from them, their families or friends. At the same time, the quick escalation of police action in the days after the incident has focused entirely on a campaign to tarnish pathalgarhi movements and leaders, with the result that investigations into the gang-rape and safety of the survivors have assumed secondary importance.
  2. The legal proceedings subsequent to the incident are shrouded in doubt, as these are based entirely on the questionable narrative proposed by the police and Jharkhand administration, without any avenues for independent verification and corroboration. This, combined with the subsequent repression by security forces has created a reign of terror for the residents of Khunti and neighbouring areas, further undermining chances of independent verification.
  3. In the name of pursuing unidentified suspects, the police has artificially linked those associated with the pathalgarhi movement with the gang rape, and has unleashed targeted persecution, harassment and arrests on them. There is sufficient evidence to suggest that the 4 bikers who committed the crime were not localites. One of those from the video has been identified as Baji Samant, resident of neighbouring Sarai-Kela. Yet, instead of pursuing these identifiable accused, the police, with the support of security personnel, is targeting pathalgarhi leaders as the prime suspects in the case.
  4. The targeting of the mission and mission run organization- It has been projected that the Father of the mission in Kochang has been arrested for not doing enough to stop the incident, or for failing to report when he had knowledge of the incident. The NCW is now projecting the whole incident as being pre-planed. The charges against Father Alphonse in the FIR are of a much more serious degree, carrying offences of gang-rape, wrongful restraint, conspiracy, among a range of others.
  5. The role of the media in the entire process has also been suspicious, with local and national newspapers and media channels widely misreporting on the incident, based on false and distorted facts. The media has concertedly cast adivasis, pathalgarhi supporters and the Church/ Mission organisations in a negative light in the absence of verifiable information. The press was also present in large numbers in the security camp prior to and during the raids on 27 June in Ghaghra, and was relaying the police version directly from the frontlines.

For these reasons, the fact-finding team demands:

The institution of an independent inquiry into the incident, through a high-level committee, comprising retired Judges, lawyers and women’s rights activists.

The police Investigation of this incident should not be conducted under the influence of the Khunti administration or police , it should be carried out by an independent agency.

An inquiry should be carried out not only of the incident of the alleged gang rape , but also of the aftermath , in which the police crackdown that caused the death of one person and many sustained grave injuries. We also demand the withdrawl of all security personnel currently camped outside Ghaghra and neighbouring villages.

All the safety of the women survivors is very important, their own agency too has to be kept in mind. It is not clear whether they have asked for protective custody or was it a decision taken  by the police?. To a large extent it seems like the latter. Keeping them cloistered and under the complete control of Khunti police can not allow for a fair inquiry.

The team also demands that the state government ensure the immediate removal of the 5 survivors  from the control of the Khunti police and some alternative safe arrangement be made for them, taking into consideration their own choice. In the present situation it is evident that they have not been given that choice and have been forced into this protective custody by the police. Some of the women have children and it is very possible that they may want to return to their families or the organization that they were living in.

- Rinchin, Radhika and Puja,

from Women Against Sexual Violence and State Repression and Sexual Repression (WSS)

Women against sexual violence and state repression is a non funded national initiative to challenge and put an end to the violence being perpetrated upon womens bodies. We are a nation wide network of women activist, lawyers, writers and women connected  womens groups ,mass organizations and civil liberty groups. We unequivocally condemn sexual violence on women and girls by any perpetrators.

www.wssnet.org

Contact: againstsexualviolence@gmail.com