Hawker who beat up activist in Borivali nabbed

Says he and his friends lost their temper because activist, Piyusha Mehta, repeatedly complained about their hawking
Dayanand Kamath
The Borivali police arrested a hawker, on Saturday, who was part of a group that allegedly beat up 50-year-old Piyusha Mehta, a social activist who had complained about illegal hawkers operating in and around Borivali railway station.
"The hawker was identified as Vinay Pandey, 20, who sold paan outside Borivali railway station at night. He was booked under Section 326 IPC and was remanded to police custody till January 19 by the Borivali metropolitan court," said senior police inspector Bhagwan Chate of Borivali police station and added that the victim did not know the names of the other hawkers who attacked her.
During interrogation, Pandey revealed that he used to sell paan inside Borivali railway station. But, for the past few months, he had been selling paan outside the railway station as Mehta frequently complained about illegal hawkers operating on the Borivali railway station. Based on her complaint, Railway Protection Force (RPF) personnel took stern action against the hawkers and did not allow them inside station premises.
Mehta saw Pandey and others hawking outside the station on Wednesday and lodged a complaint against them at the RPF office in Borivali. Fed up with her frequent complaints, Pandey and three other hawkers beat her up with canes outside the station on Thursday, at around 10.30pm. She sustained injuries on her head and both hands. After being discharged from Bhagwati Hospital, she lodged a police complaint against the hawkers.

Activists rally after recent attacks

Getting lawyers on their payroll and officers who specifically protect activists, were some of the ideas discussed by city NGOs
Linah Baliga


In the wake of recent attacks on activists, where Pune-based Satish Shetty was killed and Citispaces' Nayana Kathpalia had a close shave, NGOs from all over Mumbai gathered, on Saturday, to formulate a memorandum to be submitted to chief minister Ashok Chavan, for their safety and protection.
A unanimous resolution was passed to explore the feasibility of forming a support system in defined areas that will aid those who fight for public causes. "This will involve ward-wise networking with senior police officials and lawyers, who will look into matters concerning issues of activists," Gerson DaCunha, coordinator, AGNI, said.
Krishnaraj Rao, a Right to Information (RTI) activist, suggested forming a Federation of Activists Association for protection of activists. "This federation will be indifferent to cause or methods employed. Let us think in terms of having lawyers on our payrolls to take up our causes," Rao said.
Former IPS officer and advocate YP Singh then suggested the idea of having a voting blog to vote for corrupt and good officials. "There will be eminent people on this panel who will bring corrupt police officials to the notice of the public. Such officials shouldn't be involved in investigations," said Singh.
Another idea proposed in the memorandum is to use, in a planned way, the order passed in favour of the activists during former police commissioner Hasan Gafoor's tenure, when AGNI activist James John was attacked. "Gafoor had passed an order where the additional commissioner of police had to name officers whose duties were to protect citizens working for causes," said DaCunha.
A general consensus was reached by activists on the idea of an ordinance that could become a legislation to protect activists. "We should also pledge to support activists fighting for a cause in our respective localities," said DM Sukhtankar, former municipal commissioner. b_linah@dnaindia.net

ATTACK ON A CIVIC ACTIVIST

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Gunmen target civic activist at Churchgate

Bella Jaisinghani & Mateen Hafeez | TNN

Mumbai: Unidentified gunmen fired into the Churchgate home of leading civic activist Nayana Kathpalia early on Friday morning. The 66-yearold co-convenor of the voluntary organisation, Citispace, escaped unharmed although her maid, who answered the door, suffered minor injuries.
A few hours later, another Citispace co-convenor, Neera Punj, who has received threats to her life earlier, was warned over the telephone to withdraw an old public interest litigation Citispace had filed against SRA construction on reserved open spaces. The incident has shocked and angered citizens and activists since Citispace has been leading the battle to save the city’s open spaces from being usurped by builders and hawkers alike for the last 11 years.
The shooting occurred in the prime south Mumbai locality where both Kathpalia and Punj live in a common neighbourhood across Oval Maidan. Timing of attack puzzles activist
Mumbai: Civic activist Nayana Kathpalia’s Churchgate home was the target of a gun attack on Friday morning.
“Kathpalia’s maidservant, Soma Sinha, answered the doorbell of the first-floor apartment in Swastik Court around 6.45 am, believing it was the errand boy who washed their car. Luckily, she did not open the outer safety door,’’ said an officer of Marine Drive police station. “Outside stood two men dressed fully in white, who enquired about her mistress. Before she could answer, one of them shot through the iron grille. The bullet ricocheted off a metal bar that fell into the house.’’
Although she received burn injuries from the explosion, the maid responded fast by slamming the inner wooden door shut. The attackers fled, abandoning their country-made revolver near the building entrance. Police commissioner D Sivanandan and other senior officials visited the site. Investigations are under way, and both Kathpalia and Punj have been provided police protection.
The police have seized the firearm and the bullet, and will despatch both to the forensic science laboratory for a ballistic analysis. Although they are yet to establish the motive, they feel that the attack could be to “scare’’ Kathpalia. However, officials added that she has not reported receiving any threat before.
Reasonably composed in her
apartment on Friday evening, Kathpalia said she would issue a formal statement later. Her son and daughter, who live in Singapore and New Delhi respectively, will return on Sunday.
Punj, meanwhile, said that an unknown caller telephoned her husband on his cellphone around noon to say, “Kathpalia has been eliminated. Now withdraw the 11/52 case or we shall get you too.’’ The 11/52 PIL opposes the government policy to allow construction on reserved open spaces and is not targeted at any particular developer.
“Inexplicably, the shooting and threat came at a time when the issue was actually being settled on a caseto-case basis in the Bombay high court. In 2009, the high court granted permission to several developers to go ahead and construct SRA buildings on public land, once they showed their willingness to rehabilitate slum-dwellers and return adequate open space to the city after completing their projects,’’ Punj said.
Activists across Mumbai have rallied behind the duo with several signing a common statement to condemn the incident and pledge their support. Gerson da Cunha, Adolf D’- Souza, Ashad Mehta, B Srikrishna, D M Sukthankar and several others released a note to say, “The attack is further evidence of the link between criminals and the wrongdoing that is ruining Mumbai’s quality of life. Increasingly, people tackling the city’s problems are having to face the underworld. But such miscreants and their masters must be warned that public-spirited individuals like Kathpalia will not be cowed. She and other leaders in city causes are the public face of several hundred others. Let this attack inspire all citizens to join the fight to save our great city.’’

Policemen guard the home of Citispace co-convenor Nayana Kathpalia (inset). Two unidentified men shot through the door’s iron grille. The attack was apparently intended to warn the NGO to stop its campaign to save the city's open spaces and withdraw cases against builders and hawkers. Kathpalia’s maid suffered minor burn injuries in the incident

Kathpalia has been eliminated. Now withdraw the 11/52 case or we shall get you too PHONE CALL MADE TO KATHPALIA'S COLLEAGUE NEERA PUNJ

Public-spirited individuals like Kathpalia will not be cowed. Let this attack inspire all citizens to join the fight to save our great city
A COMMON STATEMENT RELEASED BY CITY ACTIVISTS

Increasingly, people tackling the city’s problems are having to face the underworld. But such miscreants must be warned that public-spirited individuals like Kathpalia will not be cowed. Let this attack inspire all citizens to join the fight to save our great city
A joint statement by activists

I am horrified. Women who have been working for the cause of the common man are being targeted by the politicianbuilder nexus. Those who serve the city selflessly are falling victim to the greed of people in authority
Sharada Dwivedi |
HISTORIAN

Let criminals be warned that hundreds of people are backing public-spirited individuals like Kathpalia and Punj. We are committed to ridding Mumbai’s governance of the nexus between power and crime
Gerson da
Cunha | ACTIVIST

It is despicable that citizens who are standing up for our right to open spaces are being targeted and threatened to keep silent. Nayana and Neera are fighting a battle for you and me, not for themselves
A N Lambah |
HERITAGE
ACTIVIST

NO SECURITY AGAINST POLITICAL GONDAGIRI

BMC ALARMED
Jolted by spate of attacks on its officials by water protesters, civic body will install sirens in all 24 ward offices that will be sounded if any such threat is perceived
SUDHIR SURYAWANSHI


The city’s water crisis has meant sharp criticism for BMC officials from several quarters, with some protesters going to the extent of vandalising civic property and even attacking Hydraulic Department officials. Not wanting to put anyone at risk, the administration has decided, quite literally, to sound off its employees every time a threat is perceived.
Within two weeks, the BMC plans to install sirens at all 24 of its ward offices which, when sounded, will kick-start a security operation.
“As soon as the siren goes off, security officers will be divided into two teams. One team will rush to close down all main gates of that office and another team will concentrate on catching those who have entered the premises,” explained Joint Chief Security Officer (Administration) S D Kulkarni.
“It will be done in a systematic way, so no civic employee is assaulted or humiliated. We are still working on the plan and getting details of each ward’s topographical location,” he said, adding that this will alert employees and security personnel so that damage to property is also minimised.
Another senior official said the BMC – which recently wrote to the police for extra security cover – has decided to hire private security personnel.
“We have a shortage of 500 security personnel; these positions will be filled up by private security guards. We are also identifying sensitive ward offices, where extra security personnel will be deployed.
“They will alert us if anyone is likely to damage property or assault BMC employees by sounding off the siren,” said another senior official.
Sainath Rajadhyaksh, general secretary of BMC Engineers’ Association Union, welcomed the move.
“BMC engineers are vulnerable, so protesters target them. Our morale is low because of assault and face-blackening incidents. We can’t work in such an atmosphere. Targeted staffers become the butt of jokes in their locality,” he said.
RECENT ATTACKS ON BMC
Dec 22: Activists from the NGO Swabhimaan attacked Assistant Engineer Tarang Kumar inside the K/West ward office and blackened his face with ink (pictured below)
Dec 2: Nitesh Rane and Swabhimaan activists entered the BMC Headquarters to protest water shortage and threatened BMC employees. The police resorted to lathi charge
Nov 17: Shiv Sena corporator Mangala Kate; her husband Tukaram Kate, who is a former corporator; and 14 Shiv Sainiks vandalised the hydraulic engineer’s office in the BMC Headquarters

LAWS ARE THERE BUT NO IMPLEMENTATION

Armed with 28 laws to curb water theft, BMC hungry for more
GEETA DESAI


Did you know that the Brihanmumbai Municipal Corporation (BMC) could have you booked for wasting water and disconnect a water connection if a leakage isn’t repaired within 24 hours of it being noticed? All this, without police presence or prior permission from the State.
You have reason to be surprised. For, it would seem that with such powers, the BMC would have been able to stop water theft and wastage of water in the city and curb the current shortage to a large extent. Under the BMC Act (see box), officials of the water department are provided with at least 28 laws that give them the right to take action miscreants.
However, despite this, the civic body is now asking for more powers from the State to ‘deal with this time of crisis’.
In the last one month the city has seen several protests by people over the lack of water supply in their homes. In one case, a protester died and in another the face of a hydraulic engineer was blackened by political goons.
Keeping these in mind, civic officials now want police and State to book those protesters who attack civic officials.
“What we want from the State is more powers so that our actions aren’t challenged,” said a senior officials of the BMC’s water department.
But, an ex-hydraulic engineer, recalls a time when the BMC did a good job of saving water with the powers it had.
Not wishing to be named, the ex-engineer who worked with the BMC in the early ‘80s, said, “There was a time when the water department had their squads who would keep regular checks on water pipelines and removed every single encroachment themselves – not depending on the encroachment removal cell.”
He told of when a corporator in the eastern suburbs allowed a public works contractor in his area to construct a temporary shed near a pipeline.
“The next day, water department officials on their daily round noticed the shed and without any intimation, demolished the shed.
“No one meddled with our department and the water supply was very smooth in those days,” claimed this officer.
THE LAWS BMC HAS ON ITS SIDE
Act 274/275 gives the BMC powers to force the owner of a building or the premises where the water connection is, to make available water to all tenants regularly. The owner is also supposed to get the water tank cleaned
Act 278 (1) gives civic officials the power to serve notice against those who misuse water, waste it
Act 278 (2) allows BMC to disconnect a water connection within 24 hours if the pipeline is not repaired and wastage is not stopped
Act 279 (c) allows them to cut off water connections for the leakages and notice ignored under section 278 of the Act
Act 282 allows the civic body to recover charges with penalty from those who use residential connections for commercial purposes
Additionally, under section 379, 435, 425 of the Indian Penal Code, the BMC can register a case with police against those involved in water theft. Police can book cases under the said section and levy a fine of up to Rs 5,000. Those found guilty would also face imprisonment