Nagpur, Dec 7: Maharashtra deputy Chief Minister Devendra Fadnavis on Thursday wrote to his cabinet colleague and NCP leader Ajit Pawar expressing opposition to the induction of NCP MLA Nawab Malik, an accused in an Enforcement Directorate case, in the ruling `Maha Yuti' or grand alliance in the state.
Earlier in the day, Shiv Sena (UBT) leaders Ambadas Danve and Sushma Andhare targeted the government over Malik `joining' the treasury benches, even though he himself has not made it clear whether he is affiliated to the Ajit Pawar-led rebel NCP group or the Sharad Pawar-led faction.
Out on medical bail after the ED arrested him in February 2022 in a money-laundering probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides, Malik attended the winter session of the Maharashtra legislature here for the first time on Thursday. He sat on the last bench in the assembly, next to the MLAs of the Ajit Pawar-led faction of the Nationalist Congress Party.
The ruling alliance in the state comprises the BJP, Ajit Pawar-led NCP and Eknath Shinde-led Shiv Sena.
In his letter to Ajit Pawar, who too is a deputy CM, Fadnavis said Malik has the right to attend the assembly as an MLA and added that "we (the BJP) do not harbour any personal animosity or grudge" against him.
"However, considering the kind of allegations he is facing, we are of the opinion that it would not be appropriate to induct him in the Maha Yuti," the BJP leader said while also noting that Malik was out only on medical bail (and not regular bail).
"We agree that it is your prerogative (to decide) who should be inducted in your party. But every constituent party (of the Maha Yuti) has to think as to whether it would harm the alliance. Hence, we are opposed to this," Fadnavis added.
He also said that his party could not be on the same page as the "then chief minister" and the previous Maha Vikas Aghadi (MVA) government which had allowed Malik to continue as a minister even after he was arrested "on the charges of having links with anti-national elements".
Malik was a cabinet minister in the Uddhav Thackeray-led MVA government at the time of his arrest.
Shiv Sena (UBT) leader Sushama Andhare earlier took a jibe at Fadnavis, saying he could put a chameleon to shame so fast he had changed his stand on Malik "against whom you all had taken out protest marches and disrupted the house proceedings several times (during the MVA government)."
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New Delhi (PTI): The Supreme Court on Friday expressed disappointment over the non-production of witnesses in the ongoing trial against Ashish Mishra, son of former Union minister Ajay Mishra, and others in the 2021 Lakhimpur Kheri violence case.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the status report filed before it by the Uttar Pradesh government has not assigned any reason whatsoever for the non-production of witnesses.
It noted that no witnesses have been examined in the trial for the last two months.
"We direct the presiding judge to take lawful measures to secure the presence of witnesses," the bench said.
It asked the trial judge to make an endeavour to conclude the trial in a time-bound manner, and also to file a status report before it.
The trials in two cases related to the incident are going on before a court in Uttar Pradesh.
The bench noted that in the first case, out of 131 witnesses to be examined, 44 have been examined, 15 have been discharged and 72 are still to be produced.
In the second FIR, out of 35 witnesses, 26 have been examined and nine were left, it said.
Senior advocate Siddharth Dave, appearing for Ashish Mishra, said that as per the latest status report filed by Uttar Pradesh, 44 witnesses have been examined so far in the first FIR.
"No witnesses have been examined in the last two months," Dave said.
He argued that the last status report filed by the state in March also said that 44 witnesses had been examined.
"What have you done from March till today?" the bench asked the counsel appearing for Uttar Pradesh.
The state's counsel said that 3-4 witnesses were summoned for the recording of their deposition during the trial.
The bench said at least 7-8 witnesses should be summoned instead of three or four for a day, so that even if some of them do not turn up, the trial court could proceed with the recording of statements of those appearing before it.
The top court also wondered how official witnesses can remain absent during the trial.
"We are disappointed to note that the so-called status report does not assign any reason whatsoever for non-production of witnesses...," the bench said.
Advocate Prashant Bhushan, appearing for the relatives of the farmers who were allegedly mowed down in the incident, said the apex court will have to do something regarding the manner in which the trial was going on.
The bench noted that besides the two FIRs, another FIR was registered in October last year concerning alleged witness intimidation.
It said that, as per the state's status report, the chargesheet was filed against the main accused in that case.
The bench noted that the status report reveals that, as far as Ashish Mishra is concerned, his alleged role in the third case is still being investigated.
The top court directed the investigating officer of the third case to conclude the pending probe and ensure that the appropriate report is filed before the concerned court within four weeks.
The bench posted the next hearing in the Lakhimpur Kheri violence case for July.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.
In one of the cases, the trial court in December 2023 framed charges against Mishra and 12 others for alleged murder, criminal conspiracy and under other penal laws in the case of the farmers' deaths, paving the way for the trial.
