SPECIAL COVERAGE
CHANDIGARH

LUDHIANA

DELHI



THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Cricket tour of Pak may go ahead  
Makhdoom Shah Mahmood Qureshi, foreign minister of Pakistan, shakes hands with minister for external affairs Pranab Mukherjee before a meeting at Hyderabad House in New Delhi on Wednesday.New Delhi, November 26

Pakistan foreign minister Makhdoom Shah Mehmood Qureshi today said he had come to India with an ''open mind'' and ''open heart'' to ''build bridges'' between the two countries.

Makhdoom Shah Mahmood Qureshi, foreign minister of Pakistan, shakes hands with minister for external affairs Pranab Mukherjee before a meeting at Hyderabad House in New Delhi on Wednesday. — Tribune photo: Mukesh Aggarwal

Failure to get Pragya’s custody setback, admits ATS
Mumbai, November 26
The Anti-Terrorist Squad (ATS) said today its failure to get the police custody of sadhvi Pragya Singh Thakur among other accused in the Malagaon blasts case from the MCOCA court was a setback that would slow down the investigations.

Pandey remanded in police custody

Pragya’s arrest: PIL seeks judicial probe
New Delhi, November 26
An advocate today filed a PIL in the Supreme Court, seeking a judicial probe into the “illegal arrest” of sadhvi Pragya Singh Thakur, an accused in the September 29 Malegaon blasts case, and other suspects, including Lt Col Prasad Purohit and Dayanand Pandit, a sadhu who runs an ashram.



EARLIER STORIES


Indians huddle on Pakistan’s side before crossing over at Wagah-Attari border on Wednesday. 101 Indians were released by Pakistan on Tuesday.
Indians huddle on Pakistan’s side before crossing over at Wagah-Attari border on Wednesday. 101 Indians were released by Pakistan on Tuesday. Tribune photo: Vishal Kumar

Red alert ahead of ULFA’s protest day
Guwahati, November 26
Two bombs were recovered and three militants were arrested with arms and ammunition in separate operations by the police and the Army today in Assam where red alert has been sounded on the eve of the protests day of the banned United Liberation Front of Asom (ULFA) tomorrow.

CJI’s office comes under RTI purview: CIC
New Delhi, November 26
The office of the Chief Justice of India - insofar as he presides over the Supreme Court-- does come under the purview of the Right to Information Act, 2005, Chief Information Commissioner Wajahat Habibullah asserted today.

ISRO: Chandrayaan working normally
Bangalore, November 26
India’s unmanned lunar spacecraft Chandrayaan is functioning normally even though there has been a rise in temperature in the moon’s atmosphere, an ISRO official said today.”It is a usual phenomena because it is summer on the moon. There is nothing to worry. It will be normal by December,” Satish, ISRP spokesperson said.

Gas Pipeline
Govt in talks with Iran

New Delhi, November 26
Petroleum minister Murli Deora today said the government was in negotiation with Iran on the proposed $7.6 billion Iran-Pakistan-India (IPI) gas pipeline.

Judges’ Appointment
Collegium system to stay: Bhardwaj
New Delhi, November 26
Law minister H.R. Bhardwaj today ruled out any immediate change in the collegium system for the appointment of judges for high courts and the Supreme Court, stating this was not the right time for the exercise as it required “colossal” changes in the Constitution.

Rahul to counter Maya magic
New Delhi, November 26
It’s testing times for the BSP and party supremo Mayawati, who now has to prove that her “social engineering” formula was not a shot in the dark. The Congress and the BJP are trying their best to deal with the BSP’s growing influence in the Capital and elsewhere.

Veerappan’s wife arrested
Bangalore, November 26
In an early morning operation today, the wife of notorious forest brigand Veerappan was arrested by the Karnataka police on the Karnataka-Tamil Nadu border in connection with crimes, she committed along with her deceased husband.

Speedy trial puts Bihar official in jail
Patna, November 26
The Bihar government’s decision to punish corrupt public servants by conducting a ‘speedy trial’ of cases against them under the Prevention of Corruption Act has started giving results.

File chargesheet against Punjab Speaker: SC
New Delhi, November 26
Dismissing the appeal of Assembly Speaker Nirmal Singh Kahlon against the Punjab and Haryana High Court verdict in the 1996 Panchayat Secretaries' recruitment scam when he was Rural Development and Panchayats Minister, the Supreme Court has asked the CBI to file another chargesheet in the case.

POLLS 2008
Which way will MP decide?

For the first time, Madhya Pradesh is talking about a “hung assembly.” In its entire political history, either the Congress or the Bharatiya Janata Party ruled the state. On the eve of the election for 230 seats - the entire state goes to polls on Thursday - every party leader is admitting off-the-record “we are heading for a hung assembly.”

Jammu & Kashmir
Politicians are no priority here
Electioneering means nothing to Kartar Singh. He is only bothered about two things - first, the landmines that keep coming up when he tries to plough his land and second the shortage of fertiliser, especially when the sowing of wheat has already started. “Though, I don’t have much hope, but if a politician comes here, I will ask for a hospital so that the mine blast victims can be treated near their homes” is all he wants.

Rajasthan
The dreaded ‘Gabbar’ is voted out
Daku Jagan Gurjar is one name that spells dread in Rajasthan. Nothing less than a character from a Hindi dacoit film, this real life “Gabbar” is, however, a short thin man and barely 35 years old. He has nine brothers and moves around the ravines of these districts with over 150 men.

Cong: BJP, BSP hand-in-glove
New Delhi, November 26
The Congress today said a tacit understanding had been reached between opposition BJP and Mayawati’s BSP in all four states where there was a direct clash between the BJP and the Congress.

Mizoram: Tribal refugees decline postal ballot
Agartala/Aizawl, Novmber 26
Reang tribal refugees, sheltered in six camps in northern Tripura, today boycotted the Mizoram assembly polls by refusing to exercise their franchise through postal ballots.

Code violation case against Cong candidate
Tikamgarh (MP), November 26
A case has been registered against Congress candidate Yadvendra Singh for violation of model code of conduct in Tikamgarh constituency by organising a rally without obtaining permission and blocking the prominent roads

Budha Nullah
There were closure orders earlier too but no one cared

Chandigarh, November 26
The Punjab Pollution Control Board (PPCB) seems to be marching ahead to comply with the directions of the Punjab and Haryana High Court by ordering closure of 35 dyeing units yesterday, even as its orders to close down 26 units in August still remain unimplemented.







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Cricket tour of Pak may go ahead
Ashok Tuteja
Tribune News Service

New Delhi, November 26
The Indian cricket team may after all go ahead with their tour of Pakistan in January.  This became evident after official-level talks here today between external affairs minister Pranab Mukherjee and visiting Pakistan foreign minister Shah Mehmood Qureshi here.

“I hope the cricket team will go to Pakistan and the people will enjoy cricket,’’ Mukherjee said at a joint press conference with Qureshi.

The Pakistani minister said Pakistan was ready to address all concerns regarding the security of Indian players during their tour of his country. “People in both India and Pakistan love cricket…we are keen to receive the Indian team in Pakistan,’’ he said.

Qureshi felt sorry that the Indian junior hockey team could not visit Pakistan due to security concerns but pointed out that Indian tennis and shooting teams were at present in Pakistan and were enjoying their stay there.

The Indian cricket team’s tour of Pakistan to play three tests, five ODIs and one T-20 match had appeared uncertain in recent days due to concerns about the security of players.

 

Hope for Sarabjit: Qureshi
Tribune News Service

New Delhi, November 26
There is a ray of hope for Sarabjit Singh, the Indian death row prisoner in Pakistan.

“We are examining the case of Sarabjit Singh and hopefully something positive will emerge,’’ Pakistan foreign minister Shah Mehmood Qureshi said at a joint press conference with external affairs minister Pranab Mukherjee here tonight after their official-level talks.

Qureshi said Pakistan shared concerns of the people of India as well as the family of Sarabjit.

Sarabjit, languishing in Pakistan jail, was awarded capital punishment for allegedly triggering blasts which had killed 14 persons in Pakistan in 1990.

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Failure to get Pragya’s custody setback, admits ATS

Mumbai, November 26
The Anti-Terrorist Squad (ATS) said today its failure to get the police custody of sadhvi Pragya Singh Thakur among other accused in the Malagaon blasts case from the MCOCA court was a setback that would slow down the investigations.

“Police custody would have helped investigations to proceed faster, but still we would see how best to deal with it in a legal way,” ATS chief Hemant Karkare told NDTV.

Asked about criticism by BJP leaders, especially L.K. Advani’s outbursts against the agency, Karkare said: “When allegations are made, anyone will feel hurt.”

The ATS chief rejected the charges of torture inflicted on the sadhvi during police custody. “We are going by the copybook. We are producing the accused in court whenever orders for the same are issued by the court,” Karkare said.

Refuting the allegations of political bias in the probe, the Maharashtra ATS chief said the charges were not true.

“I can give you 100 per cent guarantee that there is and has been no political pressure on the ATS either individually or on the department,” he pointed out.  

Pandey remanded in police custody

A special MCOCA court today remanded priest and Malegaon blasts accused Dayanand Pandey in police custody till December 1 after ATS officials said they wanted to question him regarding some data found in his laptop.

Pandey, who was arrested on November 14 from Uttar Pradesh, was produced before the MCOCA court after his police custody awarded by a Nashik court ended today.

Special public prosecutor Rohini Salian, while seeking additional police custody for Pandey told the court they had recovered from his laptop one video and two audio clips of meetings between the priest and other accused arrested in connection with the Malegaon blasts.

The video recording shows Pandey with other arrested persons in the case like Sadhvi Pragya Singh Thakur, army official Prasad Purohit and others talking about RDX, chemicals, hand grenades and training, Salian said.

The video also shows them talking about the Hindu community and right wing group Abhinav Bharat, she said.

Pandey, however, said he had attended three meetings as a ‘dharmacharya’ but was not involved in the Malegaon blasts conspiracy as stated by the ATS.

“I have been in contact with these persons only as a ‘dharmacharya’ and have not committed any crime,” Pandey told the court. — PTI

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Pragya’s arrest: PIL seeks judicial probe
Legal Correspondent

New Delhi, November 26
An advocate today filed a PIL in the Supreme Court, seeking a judicial probe into the “illegal arrest” of sadhvi Pragya Singh Thakur, an accused in the September 29 Malegaon blasts case, and other suspects, including Lt Col Prasad Purohit and Dayanand Pandit, a sadhu who runs an ashram.

The PIL, filed by Kaushal Koshor Chaudhary through his colleague Sanjiv Kumar Singh, has also urged the apex court to summon the Maharashtra government and the Anti-Terror Squad (ATS) of the Mumbai Police for recording their responses to the charges levelled by the sadhvi and other accused.

All the five arrested in the blast case were aimed at maligning a particular religion and that the charges against them were politically motivated, he contended.Sadhvi Pragya was a peace-loving citizen propagating religious feelings and had no record of any illegal activities, the PIL maintained.

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Red alert ahead of ULFA’s protest day
Bijay Sankar Bora
Tribune News Service

Guwahati, November 26
Two bombs were recovered and three militants were arrested with arms and ammunition in separate operations by the police and the Army today in Assam where red alert has been sounded on the eve of the protests day of the banned United Liberation Front of Asom (ULFA) tomorrow.

DIG (eastern range) L.R. Bishnoi informed that a powerful bomb weighing over one kg was recovered from an Assam State Transport Corporation (ASTC) bus from a bus stop at Jorhat city in eastern Assam today, thanks to the alertness exhibited by the helper of the bus.

The bomb was later defused by an explosive expert of the Assam Police. It created panic in the city.

Bishnoi informed that vigil had been mounted in all four districts - Jorhat, Sivasagar, Dibrugarh and Tinsukia - of eastern Assam where the banned ULFA has a strong presence to prevent any terror strike by the outfit on its protests day.

“We are on our toes to thwart any attempt by ULFA to strike terror around its protest day,” the official said. The banned militant group observes November 27 as protest day for the reason that the Army operation against it was launched in the state on this day in the year 1990.

There were intelligence alert about the possibility of terrorist strikes in the main cities of eastern Assam areas in the wake of the devastating serial blasts that rocked four places in the state, including Guwahati city, on October 30 last.

Meanwhile, Army personnel engaged in counter insurgency operations recovered a bomb from Bhalukjaroni at Solmara under Salonibari police station in north Assam’s Tezpur and apprehended one Abitullah Khan in this connection.

It happened to be the third recovery of bombs in the same area during this month.

Defence spokesman Col Rajesh Kalia informed that the Army also arrested three members of militant Muslim United Liberation Tiger of Assam (MULTA) from Dalaigaon in Morigaon district of central Assam today and recovered one 7.26 SLR rifle, one .22 pistol, one 7.62 rifle magazine from their possession. The apprehended Muslim fundamentalists were identified as Mohammad Dadul, Habibur and Azizul Haque.

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CJI’s office comes under RTI purview: CIC

New Delhi, November 26
The office of the Chief Justice of India - insofar as he presides over the Supreme Court-- does come under the purview of the Right to Information Act, 2005, Chief Information Commissioner Wajahat Habibullah asserted today.

The assertion came in the course of a talk he gave this morning on ‘Working of Right to Information Act Issues and Challenges’ at the Observer Research Foundation.The Central Information Commission will hear soon some petitions pending on the issue, a foundation statement quoted Habibullah as saying.

A law officer for the Supreme Court has argued before a commission Bench that judges’ declaration of assets was an in-house voluntary agreement and not accessible to public under the RTI Act, an issue on which the commission has reserved its decision.

Habibullah’s remarks may be viewed in the context of a controversy sparked by CJI K.G. Balakrishnan’s assertion seven months ago - April 2008- that his office does not come under the RTI Act.

A parliamentary committee on the Ministry of Law and Justice held a few days later that all constitutional authorities, including the CJI, came under the ambit of the RTI Act.

A few weeks later, the CIC said it would take up the issue in a full Bench hearing soon.Habibullah’s talk also touched on other aspects of the RTI, the foundation statement said.

He told the audience that he had discussions with the Speaker of the Lok Sabha and the Rajya Sabha secretariat to improve the flow of information on the functioning of Members of Parliament, the statement said.

Habibullah said the RTI purview went beyond Central and state governments, encompassing any body, which receives government funding.

This, he said, included such institutions as the Shiromani Gurdwara Parbandhak Committee, stock exchanges and aided schools.

He stressed the need to modify government officials’ training, which had conditioned them not to share the government information with the public even though their salaries were paid by taxpayers.

He dubbed the Official Secrets Act 1923 “complete anachronism,” and said the commission had suggested its repeal, without headway so far.

He acknowledged that even some principal information officers were not aware of their roles, one of the issues that need to be tackled.

But he said he had no doubt that the RTI Act had become a powerful tool, even for the weak and illiterate people, to get information otherwise out of reach.

“This is the Act, people can use and will use,” he said, adding that slum dwellers and women had been its largest users.

He listed its utility in enforcement of the National Rural Employment Guarantee Act.The CIC stressed the urgency of bringing uniformity and homogeneity in the fees under the RTI Act to make it easier and affordable to all citizens and empowering the commission to take contempt action in case of poor compliance.

He said the applicants’ fear of being victimised was a real problem, which ought to be addressed. — UNI

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ISRO: Chandrayaan working normally

Bangalore, November 26
India’s unmanned lunar spacecraft Chandrayaan is functioning normally even though there has been a rise in temperature in the moon’s atmosphere, an ISRO official said today.”It is a usual phenomena because it is summer on the moon. There is nothing to worry. It will be normal by December,” Satish, ISRP spokesperson said.

He said the craft’s nine payloads, which have been switched on, are working fine and sending back data. In view of the rise in temperature, ISRO will not work on all the payloads at a given time to ensure that they are not affected by the heat, he said.

“Two of the high voltage payloads SARA and Hex will be switched on shortly. These payloads are sensitive equipment and need more voltage. By the first week of December, the atmosphere will become benign on the moon,” he said. — PTI

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Gas Pipeline
Govt in talks with Iran

New Delhi, November 26
Petroleum minister Murli Deora today said the government was in negotiation with Iran on the proposed $7.6 billion Iran-Pakistan-India (IPI) gas pipeline.

“We have written a letter to the Iranian oil minister in this regard, saying we are ready for discussion on the IPI gas pipeline ...we are waiting for Iranian reply,” Deora said in a reply to a question at the Economic Editors’ Conference here.

When asked that the issue of setting up of the pipeline had been a prolonged affair leading to inordinate delays, petroleum secretary R.S. Pandey, who was assisting the minister, said international negotiations were a long drawn out process and thus it was impractical to expect immediate results. The officials did not give a chance to another reporter who wanted to know the outcome of the discussion with the Pakistan government regarding the laying down of gas pipeline.

Reports said Tehran was interested in delivering gas at the Iran-Pakistan border, but New Delhi was concerned about its safe passage through the Pakistani territory in light of the growing terrorist activities across the border.

Reports also said Iran had expressed willingness to evolve a contractual mechanism for safe delivery of gas to India. — UNI 

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Judges’ Appointment
Collegium system to stay: Bhardwaj
R. Sedhuraman/Legal Correspondent

New Delhi, November 26
Law minister H.R. Bhardwaj today ruled out any immediate change in the collegium system for the appointment of judges for high courts and the Supreme Court, stating this was not the right time for the exercise as it required “colossal” changes in the Constitution.

Further, the collegium system had proved to be expeditious and the proposed National Judicial Commission was bound to be time consuming involving serious debates. Also, people with no legal background trying to get into the proposed commission would not be conducive to its smooth functioning, Bhardwaj said in his address at the annual Law Day function held on the Supreme Court premises today.

The function, organised by the Supreme Court Bar Association, was attended by Chief Justice K.G. Balakrishnan and his fellow judges, minister of state for law K. Venkatapathy and other legal experts.

Bhardwaj said he had received the recommendations of the Law Commission for changing the collegium system. Since similar suggestions had been received from various people, the government would definitely consider it. However, the CJI would have a greater say on the issue as he “is the indisputable leader” of courts and nothing should be done to “destroy or weaken” the office of the Chief Justice, the minister said.

Any change in the present system should take into account the views of the first Prime Minister Jawaharlal Nehru that the judges should be “independent and men of integrity who can go against us (politicians or executive) if the occasion comes,” the minister clarified.

Also, he felt offended when a visiting legal delegation said the Indian judiciary had political judges. This was the result of propaganda spread systematically by “our own people,” he regretted.

The minister said the Union Cabinet meeting tomorrow would take up the proposed hike in the judges’ salaries.

Talking to reporters earlier, he said he had “taken steps” to initiate impeachment proceedings against tainted Calcutta High Court judge Soumitra Sen. There would be another probe as a minimum of 100 MPs had to be convinced before launching the proceedings.

CJI Balakrishnan said the collegium was strictly following the law of the land and the Supreme Court guidelines while recommending names for the appointment as judges.

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Rahul to counter Maya magic
Vibha Sharma
Tribune News Service

New Delhi, November 26
It’s testing times for the BSP and party supremo Mayawati, who now has to prove that her “social engineering” formula was not a shot in the dark. The Congress and the BJP are trying their best to deal with the BSP’s growing influence in the Capital and elsewhere.

In Delhi, the Congress has constituted special teams to concentrate in 12 constituencies with significant Dalit population to ward off her influence. The party has homed in on scion Rahul Gandhi, who, political observers say, is one person with the capability to put “Behanji” ill at ease, to effectively minimise the Maya magic in the Capital.

Amidst all this are observations by the Congress that a tacit understanding already exists between the BSP and the BJP. All this and whether the Maya magic actually transforms in real gains in terms of seats will become clear after December 8.

Observers, however, say these semifinals being contested in six states are Maya’s testing time to prove that she can become an effective interventionist in other states’ politics, besides Uttar Pradesh and further on, a claimant for Delhi.

Her social engineering formula does not find favour among those who have been watching her success chart in the past two decades. For them, her success in UP was less due to success of any such formula and more because people there were fed up of governance by her predecessor Mulayam Singh Yadav.

Senior BJP and Congress leaders admit that Maya will be able to pull in three to five seats in Chattisgarh, 10-12 in Madhya Pradesh, five to seven in Rajasthan and another three to five seats in Delhi. However, in J&K, even her party members admit that there is virtually no hope for the BSP. “ But since we have to take her to Delhi, her presence is needed to be registered there this time,” says a senior BSP leader.

As far as Madhya Pradesh is concerned, her major success should come from constituencies in region adjoining Uttar Pradesh, primarily because it is the area that has sizeable Dalit population. Incidentally, during these elections, Maya went all out in Madhya Pradesh, addressing 10 rallies in five days all over the state to prove the party’s commitment and seriousness.

In MP, the BSP bagged highest number of 11 seats in the 1998 elections. In the last 2003 elections, its tally fell to two, but even then its vote percentage shot up. In fact, the state elections are a virtual do-or-die affair for her and the BSP is in the position to hurt the prospect of the Congress.

Chhattisgarh Chief Minister Raman Singh has already gone on record saying that the BSP was all set to emerge as the third force in the state, giving way to speculations that a tacit understanding alrady existed between the BSP and the BJP in the state.

Maya does not have a permanent cadre structure and most of her upper caste candidates are primarily those with disgruntled backgrounds. Since they themselves will have a certain following, additional Dalit vote will be BSP’s advantage.

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Veerappan’s wife arrested
Shubhadeep Choudhury
Tribune News Service

Bangalore, November 26
In an early morning operation today, the wife of notorious forest brigand Veerappan was arrested by the Karnataka police on the Karnataka-Tamil Nadu border in connection with crimes, she committed along with her deceased husband.

Muthulakshmi, wife of Veerappan, the man who haunted the states of Karnataka and Tamil Nadu for several years, was arrested by the Karnataka police near Mettur early Wednesday morning.

Ashok Kumar, sub-inspector, who was part of the team that arrested her, told the TNS that Muthulakshmi had figured in four TADA cases in which her husband was the main culprit. Kumar said three other accomplices of Veerappan were also arrested during the raid carried out by Chamarajnagar district police. The three are, Punnuswamy, Srinivas and Bose. The last named was a tailor, Ashok Kumar said.

“All four of them were produced before the court and had been sent to judicial custody till December 22”, the police sub-inspector said.

According to a report, Muthulakshmi was picked up as a prime accused in the Palar-bomb blast case in which 22 persons were killed.

She is also being charged for the Rangaswamyvadi incident in which five persons were murdered and also the attack on the Rampura police station in which five policemen lost their lives. The cops reportedly booked her also for the murder of the deputy conservator of forests, Srinivas.

Muthulakshmi was walking free all these days and had also managed to mobilise some sympathy of the people after her husband's death.

Her sandalwood smuggler husband, who was involved in several crimes, including the abduction of Kannada matinee idol late Dr Rajkumar, was killed in an operation conducted by the Special Task Force four years ago.

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Speedy trial puts Bihar official in jail
Sanjay Singh/Tribune News Service

Patna, November 26
The Bihar government’s decision to punish corrupt public servants by conducting a ‘speedy trial’ of cases against them under the Prevention of Corruption Act has started giving results.

The special vigilance court constituted for the purpose of conducting the speedy trial of ‘trap cases’ (government servants trapped red-handed by the vigilance sleuths while accepting graft) delivered its first verdict yesterday, awarding five years of imprisonment to Narendra Kumar Sinha, a clerk of the Commercial Taxes Department. The court also imposed a fine of Rs 4,000 on him.

ADGP Neelmani, who heads the Investigation Bureau of the Vigilance Department, said Sinha was caught red-handed on June 26, 2006, while taking Rs 4,000 as illegal gratification from a businessman for issuing a no-objection certificate. He was arrested and booked under different sections of the Prevention of Corruption Act. But he was released soon after he was granted bail by the court, pending the trial of the case against him.

Likewise, the vigilance sleuths had trapped 265 government servants while accepting bribe from different departments since 2006 till November 13, 2008. This is when the Nitish Kumar government activated the Vigilance Department and tasked it to launch a crusade against corrupt government officials.

The state government also constituted a special vigilance unit in September 2006 to nab senior IAS and IPS officers involved in corruption. Retired officers from the CBI were appointed in this unit on contract. The unit raided houses of five senior officers, including a serving DG rank police officer and a principal secretary. Cases for possessing assets much beyond their known sources of income had been lodged against them.

Earlier the Vigilance Department had trapped only 80 public servants during 1996 to 2005. Those in the vigilance net during the last three years included police officers, doctors, engineers and deputy collectors, besides many assistants and section officers.

Quite a few women deputed as community development project officers (CDPOs) were also nabbed accepting graft. All of them were sent to jail, but had to be released after they were granted bail by court pending the trial of cases against them. On their release from jail, the government had to revoke their suspension and a majority of them were back on job.

Impressed by the result of the speedy trial of serious criminal cases that was started during his regime and its impact on checking crime in the state, the Chief Minister decided to try the same to check corruption in government offices. The state government made a request to the Patna High Court for it and the court constituted a special court for this purpose, appointing an Additional District Judge, Qayum Khan, to head the special vigilance court. The court has delivered its first verdict convicting Sinha.

Many more convictions are expected in days to come as trial had

reached the conclusive stage in a number of cases, said Neelmani. As indicated by the Chief Minister, the state government would initiate proceedings for termination from service of all those convicted by the court on the charges of corruption. “Dismissal from service and denial of all retirement benefits would act as the major deterrent to corruption”, feels Nitish Kumar.

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File chargesheet against Punjab Speaker: SC
R. Sedhuraman/Legal Correspondent

New Delhi, November 26
Dismissing the appeal of Assembly Speaker Nirmal Singh Kahlon against the Punjab and Haryana High Court verdict in the 1996 Panchayat Secretaries' recruitment scam when he was Rural Development and Panchayats Minister, the Supreme Court has asked the CBI to file another chargesheet in the case.

"…we do not find any merit in these appeals" of Kahlon and another person, a Bench comprising Justices S.B. Sinha and Aftab Alam said in its 50-page judgment.

"As the investigation is complete, the CBI may file charge sheet" in a court of law, the Judges said. They also ordered the trial judge in the first chargesheet to separate all the material relating to the scam and transfer it to a CBI court.

The CBI court may either club the two chargesheets or hold the trial separately, the Bench said in its recent verdict that was made available to the media only today.

The case has political significance as Amarinder Singh was expelled earlier this year from the Punjab Assembly presided over by Kahlon on corruption charges in another case, while Amarinder was the Chief Minister when the state Vigilance Department filed the FIR in the scam case on June 14, 2002.

In its May 7, 2003, order, the HC had transferred the case from the Vigilance Department to the CBI and asked the agency to complete the investigation "within a reasonable time."

Admitting Kahlon's appeal, the apex court had, on December 12, 2005, asked the CBI to continue its investigation, but not to file the final report.

According to the Vigilance Department's FIR, Kahlon had made recruitments to various posts of Tax Collector, Patwaris, Peons and Clerks after "taking heavy amounts of money as bribes." He also accepted "heavy amounts as bribes for transfers, appointments and promotions and he has accumulated moveable and immovable assets in excess of the known resources."

The apex court observed that the High Court had restricted itself to the appointment of Panchayat Secretaries where the only allegation was that Kahlon got his favourites appointed though they did not fulfil the qualifications.

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POLLs 2008
Which way will MP decide?
Our Roving Editor Man Mohan writes from Bhopal

For the first time, Madhya Pradesh is talking about a “hung assembly.” In its entire political history, either the Congress or the Bharatiya Janata Party ruled the state.

On the eve of the election for 230 seats - the entire state goes to polls on Thursday - every party leader is admitting off-the-record “we are heading for a hung assembly.”

On record, only K.N. Govindacharya, former RSS ideologue and campaign in charge of ‘sanasayan’ Uma Bharti’s Bharatiya Janshakti Party (BJS), is predicting a hung assembly.

Political gurus are claiming, “Neither ruling BJP, nor Congress will touch the magic figure of 116 to form the government on its own.” They are anticipating the BJP getting between 100 and 110 seats and the Congress around 90. Even, if the BJP is able to cross 116 marks, it will be a major downslide from 171 seats that the party had secured in the 2003 polls, riding Uma Bharti wave.

Uma Bharti’s BJS and Uttar Pradesh Chief Minister Uma Bharti’s Bahujan Samaj Party (BSP) may play the spoilsport but are not expected to grab big numbers. The BJS is likely to get about 10 seats and the BSP around 15.

However, the BJP is expected to emerge as the single largest party and form the government with the help of independents and smaller parties.

There are no major poll issues, including corruption, although in their manifestoes, both the BJP and the Congress have promised moon to the voters. The castes are going to play a key role. The ruling BJP is worried about only major power shortage problem in the rural areas. “Only the power shortage can give us a major shock,” commented a BJP campaign manager.

In addition, the presence of a large number of independents and rebel BJP and Congress candidates are disturbing the poll arithmetic of the two major parties. Then, there are candidates of new emerging outfits like Gondwana Ganatanta Party, which are operating on the lines of the BSP to woo backward classes, Scheduled Castes, Scheduled Tribes and minority communities. For the first time, the ‘backward card’ is getting effective. So far, Brahmins and thakurs dominated the political scene.

After winning the 2003 assembly polls, the saffron party changed its chief ministers three times. First, Uma Bharti occupied the hot seat but stepped down after eight months because of a court summons in a national flag controversy in Karnataka. Babulal Gaur succeeded her but had to quit after 15 months because of a campaign against him within the party. Since then, Shivraj Singh Chouhan, who enjoys a clean image, has been ruling the state. The BJP has projected him as CM candidate again.

The Congress has not projected anyone as CM candidate. The Congress says that there is nothing wrong in not projecting CM candidate. However, the party is fighting the polls under the leadership of Sonia Gandhi’s loyalist, former union minister Suresh Pachouri, who became Madhya Pradesh Congress Committee chief some months ago.

No one has any doubt about Pachouri becoming the CM if the Congress somehow manages to come to power. The other aspirants, mostly ‘thakur netas’, like former CM Digvijay Singh, who ruled the state for a record period from 1993 to 2003, and Ajay Singh, son of Arjun Singh, have already put in action a ‘sabotage plan’ to clip Pachouri’s wings.

The name of union commerce minister Kamal Nath who has been winning the Lok Sabha elections continuously from Chindwara, has been floated. No one is taking it seriously, knowing well that Pachouri will be Sonia Gandhi’s first preference.

Before the start of the poll race, neither the BJP nor Congress took Uma Bharti and Mayawati seriously. While the BJS is attempting to damage the BJP more for obvious reasons, the BSP is turning out to be a spoilsport for the Congress. Uma Bharti knows it that she will not be in big numbers league. She only wants revenge for being hounded out of the BJP. Her limited goal is to stop the BJP from returning to power.

After becoming UP’s CM, “Bahenji” Mayawati has been taking keen interest in establishing her strong base in the Hindi speaking states of Madhya Pradesh, Rajasthan, Chhattisgarh, Bihar, Punjab and Haryana with an eye on grabbing power at the Centre in future. Her seriousness in MP polls can be judged by this that, like BJP and Congress, the BSP has also fielded 228 candidates each. Her decision to campaign in the state for five days was a warning to the Congress on what to expect.

Nearly 55 parties of various sizes are in the fray. The total number of candidates is 3,179, and 1,369 of them are independents, who include 68 women. Uma Bharti’s party is contesting on over 200 seats, and is backing rebel BJP candidates at many places.

The other parties, which may play spoilsport for BJP and Congress in many constituencies are: Gondwana Ganatanta Party (88 candidates), Samajwadi Party (187), Janata Dal-United (49), CPI (21), CPM (12), Rashtriya Janata Dal (4), NCP (3), Janata Dal-Secular (5), All India Forward Block (11), Shiv Sena (28), Rashtriya Lok Dal (5), Lok Jana Shakti Party (119), Gondwana Mukti Sena ((95), and Akhil Bhartiya Hindu Mahasabha (3).

It seems that it is far more difficult for the Congress than the BJP to form the government. The counting of votes on December 8 will tell “kaun kisko mehenga pada.”

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Jammu & Kashmir
Politicians are no priority here
Naveen S. Garewal writes from Bainglar (Samba)

Electioneering means nothing to Kartar Singh. He is only bothered about two things - first, the landmines that keep coming up when he tries to plough his land and second the shortage of fertiliser, especially when the sowing of wheat has already started. “Though, I don’t have much hope, but if a politician comes here, I will ask for a hospital so that the mine blast victims can be treated near their homes” is all he wants.

No politician bothers to come back here (to the border) after the results are out. Kartar does not talk for himself, but reflects the mood of others like him living on the bank of river Basantar, just short of when it flows into Pakistan in the Samba sector. They have simply given up on politicians.

Kishore, one of the few tractor owner who ploughs fields for a charge in neighbouring villages including Galar, Sordi, Sado, Mawa, Shinki, Chalrian, etc, all located along the 15-odd km-long international border (IB) with Pakistan in the Samba assembly constituency, is least distracted by any slogan shouting vehicle, canvassing for a particular candidate. Seven years after the Kargil War, even today after his tractor hit a landmine, he knew it meant losing the entire day’s earnings as work had to be halted till the Army arrived and defused the device.

Militancy has never been an issue in the Samba sector which has a predominantly Hindu population with each house boasting of a serving or retired defence personnel. Recently upgraded to a district, people here saw the first terrorist killing in 20 years earlier this year after a group of militants cut the barbed wire and entered India from Pakistan. They later shot a Lok Jan Shakti Party leader Hoshiar Singh and his wife, but were later killed in an encounter at Rakhambtali, about 8 km from the border.

“Polling booths are setup here on polling day, but people go there more to see the “tamasha” rather vote with a hope that the local MLA would improve their lot. We are often evacuated and live as refugees every time there is tension on the border or shelling on our homes. People here have become self-reliant and don’t have any expectations from the government.”, says a village elder Baldev Sharma.

Samba, a reserved constituency, was traditionally considered to be Congress stronghold, but that changed after 1996 when it was won by the Bhaujan Samaj Party (BSP). In 2002, the Congress again lost to the Jammu and Kashmir National Panthers Party (JKNPP). This time too the constituency is facing a keen contest between sitting MLA Yash Paul (JKNPP), Satwant Kaur Dogra (BJP), Som Nath Manial (NC), Subhash Chand (Congress) and Som Kumar (BSP). The notification for poll here was issued today and the nomination papers are yet to be filed. 

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Rajasthan
The dreaded ‘Gabbar’ is voted out
Chitleen K. Sethi writes from Bharatpur/Dholpur

Daku Jagan Gurjar is one name that spells dread in Rajasthan. Nothing less than a character from a Hindi dacoit film, this real life “Gabbar” is, however, a short thin man and barely 35 years old. He has nine brothers and moves around the ravines of these districts with over 150 men.
Jagan Daku and his woman accomplice Komesh Gujjar
Jagan Daku and his woman accomplice Komesh Gujjar
Komesh Gujjar

Armed to the teeth with automatic weapons and laced with the latest SUVs, Jagan issues “orders” from his hideouts. Orders, which obviously have to be followed or ignored at your own risk.

The orders vary depending on the need of the hour but these can be as deadly as a threat to blow up Vasundhra Raje’s ancestral palace in Dholpur issued during the Gujjar agitation in May this year to a demand of Rs 12 lakh from a company putting up a project in “his” area issued barely two days ago.

“He has issued a statement that in case he does not get this money, the engineers would not be allowed to work here,” said Krishan Lal of Dholpur.

For years, Jagan has been virtually calling the shots in this belt and despite many serious efforts made by the police to nab him, he has always given it the slip. The easiest being shifting with his gang to neighbouring Madhya Pradesh.

Normally actively involved in pre-election poll scene when Jagan would give support calls for his favourite candidates, this time, however, he is feeling the heat of the police crackdown on his gang and family members.

“Almost in every election Jagan would ask all people of his area to vote for the candidates he wanted to win. Since he is a Gujjar, his words would have a lot of impact on his own community,” said Upender, a resident of Bharatpur.

But this time the police has tightened the noose rather well. In what was considered to be a major achievement, the Dholpur police recently caught Jagan’s woman accomplice Komesh who is pregnant. She apparently could not keep pace with the rapid and sly movement of the dacoits. Komesh arrest is expected to lead the police to Jagan.

“More than 70 cases of murder, kidnapping, extortion and attempt to murder are registered against him. It is just a matter of time before we nab him,” says Dholpur police head Vikas singh.

Jagan’s interference in elections is minimal in these elections, but the number of candidates who are facing criminal charges themselves is quite high.

Out of the 2,194 candidates in the fray, almost 10 per cent have FIRs lodged against them, including for heinous crimes. As many as 11 of the 200 Congress candidates and seven out of the 193 BJP candidates in the fray are facing serious charges. These include murder charges, attempt to murder, arson, cheating, liquor smuggling etc. Many candidates are also facing charges under the Dowry Act. Almost 40 of the independent candidates have FIRs lodged against them.

Sources add that other than criminals in the fray, the politician-criminal nexus in the major crime ridden areas of the state gets strengthened during the elections. 

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Cong: BJP, BSP hand-in-glove
Vibha Sharma
Tribune News Service

New Delhi, November 26
The Congress today said a tacit understanding had been reached between opposition BJP and Mayawati’s BSP in all four states where there was a direct clash between the BJP and the Congress.

Congress leader Kapil Sibal said in Delhi, BJP supporters were campaigning along with BSP supporters and the proof of his observation was in the presence of more than expected gathering at the three Maya rallies held in the Capital so far.

BSP chief Mayawati has, so far, addressed three rallies in the Capital, earlier in Trilokpuri and Ali Gaon and today at Mongolpuri. All three rallies saw a massive turnout, giving way to speculations that the fight was no longer between the ruling Congress and the BJP.

Sibal said BJP supporters were joining Maya’s rallies to give an impression that the BSP was drawing huge crowds and support from people.

“Go to my Lok Sabha constituency in Chandni Chowk....you will find out what the BJP and the BSP are up to. There is a tacit understanding between the two...They are in these polls together,” he said.

A senior BSP leader, however, denied that such an understanding existed. He added that if the party was not able to form the government on its own, it would definitely be in a position to decide who formed the government----the Congress or the BJP.

“Our first choice will be to give support to a secular party. However, if the secular party is not up to our expectations, then in the nation and people’s interest, we may support some other party also,” he said.

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Mizoram: Tribal refugees decline postal ballot

Agartala/Aizawl, Novmber 26
Reang tribal refugees, sheltered in six camps in northern Tripura, today boycotted the Mizoram assembly polls by refusing to exercise their franchise through postal ballots.

“Only the names of candidates were written on the ballot papers, no symbols of party and candidates were printed and as most of the tribal refugees were illiterate they could not choose their preferred candidates,” said Elvis Chorkhy, president of the Mizoram Bru Displaced Peoples Forum (MBDPF).

The election to the 40-seat Mizoram assembly is scheduled December 2 and the results are expected December 8.

About 35,000 Reang tribal refugees are sheltered in six north Tripura camps for the past 11 years following ethnic clashes with the majority Mizos. Of the 35,000 refugees, about 8,000 refugees were eligible to cast their votes through postal ballot Wednesday and Thursday. — IANS

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Code violation case against Cong candidate

Tikamgarh (MP), November 26
A case has been registered against Congress candidate Yadvendra Singh for violation of model code of conduct in Tikamgarh constituency by organising a rally without obtaining permission and blocking the prominent roads.

Official sources said today that on receiving complaint, election observer Trilok Chand has issued directives to the police to register a case in this regard. The police also seized vehicles from the spot. Besides Mr Singh, BJS head Uma Bharti and BJP candidate Akhand Pratap Singh were also in the fray. — UNI

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Budha Nullah
There were closure orders earlier too but no one cared
Jangveer Singh
Tribune News Service 

Chandigarh, November 26
The Punjab Pollution Control Board (PPCB) seems to be marching ahead to comply with the directions of the Punjab and Haryana High Court by ordering closure of 35 dyeing units yesterday, even as its orders to close down 26 units in August still remain unimplemented.

PPCB chairman Yogesh Goyal when questioned on this said he did not know whether the units had been closed down or not. “We send instructions to the Punjab State Electricity Board directing the polluting units be closed”, he said adding after this it was up to the electricity board to act in the matter.

Ludhiana chief engineer Operations (central) B S Baht when contacted as to why the earlier order of the PPCB had not been implemented till now said the State government had formed a committee to look into the entire issue. He said now that the committee had been formed the PSEB could not act in the matter. 

Apparently this fact is also not in the knowledge of the PPCB with its chairman when apprised of this said, “they (the PSEB) should refer back to us in case a Committee has been constituted on this issue”. Goyal maintained, “In our records they are closed. If not they should refer to us”.

PPCB member-secretary Babu Ram when questioned on the issue said the PSEB was bound to obey the directions of the board. “A delay can take place but they cannot disobey”, he said adding the pollution control board on its part was insisting that the units be closed down. “I cannot comment on why they have not been closed till now”, he added when asked.

The PPCB in its order in August had ordered the closure of 14 units who were held responsible of polluting the Buddha Nullah in Ludhiana by discharging effluents into it directly. It had also ordered the closure of 12 units who were indirectly causing pollution in the area after it was found that they were operating in “gross violation” of pollution norms.

Despite failing to get its orders to close down 26 units in August implemented, the PPCB has now again requested the PSEB to disconnect the power connection of 35 dyeing units on the Tajpur road in Ludhiana that have been found to be discharging effluents into the Budha Nullah. Earlier the Punjab and Haryana High Court had directed the Punjab Chief Secretary to monitor the implementation of the recommendations of the Expert Committee formed during the last Congress government to inquire into the pollution caused in the Nullah.

Meanwhile the PPCC member-secretary disclosed that the units causing indirect pollution in the Budha Nullah due to effluents being discharged into the common sewer line which also carries domestic effluents would also have to achieve zero pollution. He said the board had engaged the National Environment Engineering Research Institute (NEERI) to suggest ways and means to check pollution by these 215 units. He said since small scale industrial units could not put up “zero liquid discharge” technology plants the Board was thinking of lines of common plants for the units. 

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BRIEFLY

THIRUVANANTHAPURAM
Free cancer treatment  for poor kids: Kerala health minister P.K. Sreemathy told the state Assembly on Wednesday that free treatment would be provided to all poor children aged below 16, who were suffering from cancer. She said the free treatment facility had been introduced in the state from November 1. Stating that the government had noted that a large number of patients were forced to discontinue their treatment as they could not meet the cost of medicines, she said the benefit would be extended to children of middle class families also. — UNI

MORIGAON (ASSAM)
SC panel meets riot victims: The Supreme Court-appointed Haresh Manda Commission on Wednesday visited the areas hit by 1983 Nelli carnage in Assam’s Morigaon district to enquire about the compensation received by the riot-hit people. Manda individually met local people in Muladhari and Borbori villages in Nelli to know about government compensation. — PTI

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