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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

HC orders fresh elections in three months

Dr. Rumi F. Beramji Mumbai: In a jolt, the Bombay High Court has directed the state government to hold elections to the Maharashtra Council of Acupuncture (MCA) - which is managed by an Administrator for past three years – within three months, here on Friday. A division bench of the Bombay High Court (Aurangabad Bench) comprising Justice Ajit Kadethankar and Justice Vibha Kankanwadi were disposing off a petition filed a senior medical practitioner, Dr. Laxman Bhimrao Sawant through his...

HC orders fresh elections in three months

Dr. Rumi F. Beramji Mumbai : In a jolt, the Bombay High Court has directed the state government to hold elections to the Maharashtra Council of Acupuncture (MCA) - which is managed by an Administrator for past three years – within three months, here on Friday.   A division bench of the Bombay High Court (Aurangabad Bench) comprising Justice Ajit Kadethankar and Justice Vibha Kankanwadi were disposing off a petition filed a senior medical practitioner, Dr. Laxman Bhimrao Sawant through his lawyer Sharad V. Natu, seeking different reliefs.   These included alleged serious irregularities in the functioning of the MCA and challenging the continuation of the Administrator for a prolonged period pending the elections. The matter was highlighted in detail by  ‘ The Perfect Voice’   on April 21.   Strong Observations In its order uploaded today, Justice Kadethankar and Justice Kankanwadi noted the petitioner’s contentions that the Administrator, Dr. Rumi F. Beramji was appointed for only one year, and that period is over.   “It should be the endeavour of the State to implement the various provisions of the Act, that is, the Maharashtra Acupuncture System of Therapy Act, 2015. Holding of elections and formation of the council as per Section 3 of the said Act should be adhered to by the State Government and it cannot be then postponed in infinity,” said the court.   Accordingly, Justice Kadethankar and Justice Kankanwadi directed the state government, through the Medical Education & Drugs Department (MEDD) to conduct the MCA elections within a period of three months.   Prolonged Tenure Among other things, the petitioner had termed the appointment and prolonged tenure of former MCA Chairman Dr. Rumi F. Beramji as “illegal and arbitrary,” and detrimental to the cause of Acupuncture.   Elected as the inaugural head (May 2018-May 2023) of the five-member statutory body, Dr. Beramji, was subsequently appointed its Administrator after the MCA’s term expired.   Adv. Natu pointed out that the Administrator’s appointment was intended to be a stop-gap arrangement for one year to facilitate the polls, but it was subsequently ‘extended’. However, nearly three years later, Dr. Beramji continued without fresh elections being conducted, raising questions over adherence to statutory norms and principles of governance.   Directionless Members Dr. Sawant further contended that while Dr. Beramji was installed as Administrator, the remaining members of the council were effectively superseded, leaving the regulatory body without its mandated collective structure, and over 6500-members directionless.   He argued that the excuse cited for delay in conducting elections was ostensibly an incomplete voter list, but this reason was flimsy considering the extended time lapse.   The petition, which was heard and disposed of on April 22, also levelled serious allegations against the style of functioning of the MCA Administrator, decisions were taken unilaterally, whimsically and without transparency or institutional accountability.   Selective Targeting It also made accusations of ‘selective targeting’ of certain prominent members who attempted to raise valid issues, including the globally-renowned noted acupuncture expert Dr. P. B. Lohiya of Chhatrapati Sambhajinagar.   Other members raised doubts over approvals granted to more than a dozen acupuncture colleges and some two dozen Continuous Acupuncture Education (CAE) centres in undue haste, purportedly in violation of prescribed norms and alleged shady deals. Many of these institutions, it was claimed, either exist only on paper or lack essential infrastructure, faculty and facilities.   The petitioner called for a comprehensive review of the Administrator’s tenure, a financial audit of the MCA's affairs, and an independent probe by the MEDD into the approvals granted to the institutions in recent years.   Dr. Sawant had sought quashing Dr. Beramji’s appointment as MCA Administrator and setting aside all policy decisions taken during his tenure in the last three years, and ordering the government to hold elections to the body.

Women Safety on Cards

Updated: Nov 18, 2024

vWomen Safety

For the speedy disposal of cases of crimes against women, the state government took the decision to set up Special Courts. 25 Fast Track Courts are being proposed for disposal of criminal cases relating to the atrocities on women and mentally handicapped girls. The Maharashtra Assembly unanimously passed a bill that aims to establish special courts to ensure speedy trial of offences against women and children under the Shakti Act. The much needed proposal got the nod of the legislature however, it gathered a lot of dust in the Law and Judiciary department in Mantralaya before it could take off.


The government took this decision with an aim to conduct trials without delay in cases of certain offences against women and children. As per the decision, exclusive special courts were to be set up. Provisions for appointing a special public prosecutor for conducting trials and forming special police teams to probe the offences were also made. Presently, courts at Ahmednagar, Akola, Amaravati, Aurangabad, Buldhana, Beed, Jalgaon, Nagpur, Yawatmal, Thane, Pune & Kolhapur are in operation along with special court for Cases of Immoral trafficking at Mumbai. Prior to this the Shakti Criminal Laws (Maharashtra Amendment) Bill, which provides for stricter punishment, including death penalty, for crimes against women, was passed unanimously by both the Houses of the legislature.


Everything went well at the initial state. The government announced that it will provide all required assistance for the speedy trial of cases of crime against women and children under the Shakti Act.


The government had also announced that as per the bill, exclusive special courts can be set up for hearing the cases or existing courts can be given that rank depending upon the situation. The government made all the arrangements to make provisions and infrastructure available. At the beginning 25 Fast Track Courts were being proposed for disposal of criminal cases relating to the atrocities on women and mentally handicapped girls. The proposal went through various administrative hurdles and after this the journey started but very slow.


Interestingly, with the formation of these new exclusive special courts, the speed of the trial remained the same. As per the survey, fast-track courts in Delhi dispose of a case in 122 days on an average, while a regular court takes 133 days. No different story in Mumbai.


So the question remains that why are fast-track courts failing to fulfil their purpose? Experts say fast-track courts operate no differently than regular courts. For one, they have similarly heavy caseloads.


A fast track court is set up for a category of disputes. These categories themselves have a large chunk of cases. So it is just like any other court hall in the district judiciary -- you have the court hall under individual judges who have anywhere between 50 to 100 cases listed per day.

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