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HC rejects Sajjan’s plea for quashing charges
BJP asks Congress to focus on real issues
BJP treads cautiously on food security Bill
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Bodh Gaya blasts
Centre’s proposal inadequate: CBI
India, Pak in touch on resuming dialogue
Rahul to chair meet on food programme
IAF eyes air base in
Himalayas
Army’s legal wing tangled in litigation from within
Prem Bhatia Awards for journalism announced
Mid-day meal horror in Bihar; 11 kids dead Pirates hijack cargo ship with 24 Indians on board
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HC rejects Sajjan’s plea for quashing charges
New Delhi, July 16 Justice Suresh Kait rejected Sajjan’s contention that the trial court had framed charges against him on July 7, 2010 without considering the “sterling quality of documents” produced by him to prove his innocence. The HC also did not agree with his argument questioning the logic behind the CBI filing a single chargesheet for more than one FIRs. “I find no illegality if the trial court has not considered the documents other than the documents filed by the investigating agency to support the chargesheet,” the HC said, pointing out that the evidence given by the accused would be examined only during trial and “not at the stage of framing of charge.” Rejecting Sajjan’s another objection over single chargesheet, the HC cited the Supreme Court verdict earlier this year in a case against former Gujarat Home Minister Amit Shah in connection with a fake encounter. The SC was of the view that two separate complaints had been lodged “did not mean that they could not be clubbed together and one chargesheet could not be filed.” The HC also dismissed the plea of complainant Sheela Kaur, a riot victim, for framing an additional charge of criminal conspiracy against Sajjan and four of his co-accused in the case. “No material is available on record to infer even meeting of mind of the accused persons so as to draw an inference of their having entered into a criminal conspiracy to commit the offences complained of,” the Judge noted. Moreover, the complainant’s senior counsel HS Phoolka “could not point out any material from the chargesheet on the basis of which the petitioners could be charged for conspiracy,” the HC held. The case against Sajjan and his co-accused pertained to the killing of six persons in Delhi’s Sultanpur area. The HC, however, noted that the trial court at the time of framing charges had accepted the CBI’s contention that it would press the charge relating to only one killing, that of Surjeet Singh.
1984 riots Spectre
Turns down his contention that the trial court had framed charges against him on July 7, 2010 without considering the documents produced by him Also disapproves his argument questioning the logic behind the CBI filing a single chargesheet for more than one FIRs
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BJP asks Congress to focus on real issues
New Delhi, July 16 Party spokesman Shahnawaz Hussain said the main reason behind Congress spokespersons’ “aggressive reaction” to anything and everything related to Modi was that they did not have any answer to the real issues raised by him. “Congress spokespersons are debating communalism and secularism whereas the real issues staring the ‘aam aadmi’, whom the grand old party claims to represent, are the country’s dismal economic situation, price rise and corruption,” he said. The saffron party says the Congress is indulging in Modi-bashing because it is unable to “digest” his growing popularity among the youth. “Clearly, the Congress is rattled,” said a BJP leader while insisting that the decision to charge Rs-5 as registration fee for the Gujarat Chief Minister’s public rally was meant to promote a sense of involvement among people and help Uttarakhand in its hour of need. “The token money is meant for Uttarakhand relief, which the Congress has messed up. Besides, those who can afford can give Rs 5 while those who cannot are also welcome,” a BJP leader said. The Gujarat Chief Minister will visit Delhi tomorrow to attend the next round of party’s Parliamentary Board meeting scheduled for Thursday. On agenda will be the party’s strategy for the forthcoming state and general elections and the monsoon session of Parliament. Modi, who was in Nagpur today, is understood to have discussed these issues apart from the party’s internal matters with RSS leaders. High on his agenda is the involvement of social media, the Internet, websites, telephones and mobile phones to apprise people, particularly the youth who constitute 65 per cent of country’s population, about the ideology and vision of the party.
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BJP treads cautiously on food security Bill
New Delhi, July 16 The saffron party, which has been insisting that states ruled by the BJP like Chhattisgarh and Madhya Pradesh are already giving better food security schemes to the poor, is in fact waiting for the monsoon session to tear apart the Congress’ ambitious “food for vote” programme on its details and then press for amendments. Party sources say any visible resistance to the programme would be sold as BJP’s “anti-poor” attitude by the Congress. Therefore senior leaders are desisting from making any all-out attack against UPA chairperson Sonia Gandhi’s ambitious plan. For instance, Gujarat Chief Minister Narendra Modi concentrated on targeting the UPA on its intentions rather than the food security programme per se when he addressed the college students in Pune. “The government in Delhi thinks that just by bringing in the Food Security Bill, there will be food on your plate,” he said. BJP leaders, in fact, insist that that they want food security for people of the country but not in the way the Congress is bringing it, “through the back door”. “We want a wide-ranging discussion to ensure that the country’s poor get the best,” they say. So while the party has assured that it will not oppose the passage of the Food Bill in Parliament, its leaders are strategically showing their resentment, citing facts and figures. For example, BJP president Rajnath Singh, recently said 3 per cent of the GDP would be spent on the provision, which if spent on creating employment would have benefited 1.25 crore youth. Earlier, terming the ordinance promulgated by the Cabinet to implement the Food Security Bill as a “cruel joke” on democracy, he said the BJP would not oppose the passage of the Bill in Parliament but seek amendments to it. “We will not oppose it (the Bill) in the forthcoming monsoon session of Parliament but want certain amendments in it,” Singh had said.
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NIA releases suspect’s two sketches
Bodh Gaya/New Delhi, July 16 Sources in the NIA said the sketches--the first to be released in the probe--were made public on the basis of details provided by three eyewitnesses who apparently saw the suspect shortly before the blasts on July 7 and also material emanating from CCTV footage. The two sketches, one in which the suspect is wearing a green mask and another bare face, were posted by the NIA on its website. The sources said the suspect in monk attire was seen in the CCTV footage moving around Buddhism's holiest shrine in suspicious circumstances at around 3:30 AM to 4:30 am shortly before the blasts. — PTI
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Autonomy Issue R Sedhuraman Legal Correspondent
New Delhi, July 16 "Financial and administrative powers are essential for the efficiency of the functioning of CBI and for insulating it" from the government in its day to day functioning, the CBI said in its affidavit in response to the government proposals. Also, the CBI Director dependent on the government "for routine administrative and financial approvals is not best placed to take independent and objective decisions in crunch situations," the agency maintained. The government had suggested that the CBI Director should be given financial autonomy on a par with the Director General of the Central Reserve Police Force. The CBI said this was not sufficient. "There are certain expenditures that are unique to CBI and therefore not only would Director CBI require enhanced financial powers but also enhanced budget allocation," the agency said. CBI's functional autonomy "is very largely predicated on the extent of its Director's administrative and financial powers. In the present arrangement, the administrative, disciplinary and financial powers of the Director are limited and this impinges on his ability to ensure expeditious and complete investigation and high ethical standards among his subordinates." The Director should be vested with ex-officio powers of Union Secretary, it said. It accepted the suggestion for the appointment of CBI Director by a committee comprising the Prime Minister, the Chief Justice of India and the Leader of Opposition in the Lok Sabha. It, however, said his tenure should be for a period of three years, not two years which was "too short." Accepting the three-month deadline for giving sanction to prosecute government officials for corruption, the CBI however said the power to grant permission should vest with a committee comprising the CVC, Cabinet Secretary and CBI Director. Further, the tenure of CBI Director (Prosecutions) should be for three years, instead of two, and extendable for another three years. CBI should have freedom to choose its lawyers without any need for the Law Minister's approval. It also did not agree with a proposal for setting up an Accountability Commission to go into complaints against CBI, contending that the agency had a "zero tolerance policy against misconduct or misbehaviour by its personnel" which was working well. "Any change in this successfully functioning model has the potential to disturb the chain of command in the organization." A Bench headed by Justice RM Lodha would consider the proposals of both the government and the CBI tomorrow. The issue of autonomy has cropped up in the wake of CBI's admission that it had shared with the Law Ministers its status report on the investigations into coal allocation scam.
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India, Pak in touch on resuming dialogue
New Delhi, July 16 Senior officials of the two countries are understood to have been instructed by both Prime Minister Manmohan Singh and his Pakistani counterpart Nawaz Sharif to set the dialogue process in motion, now that a duly elected government is in place in Islamabad. Officials said India had conveyed to Pakistan its readiness to resume the dialogue when Sharif’s special envoy Shaharyar Khan visited New Delhi earlier this month to meet Manmohan Singh and convey Islamabad’s desire to move forward on improving bilateral ties. Informed sources said the two sides were also exploring the possibility of a meeting between the two Prime Ministers on the margins of the UN General Assembly in New York in September. This will be the first interaction between the two leaders after Sharif assumed office as Pakistan Premier. It is not clear if the dialogue would be resumed before or after the proposed meeting between the two PMs. The two sides had kick-started the third round of the dialogue in September last year with a meeting between their Commerce Secretaries. The meetings between the Water Secretaries of the two countries on the Wullar Barrage and the Tulbul Navigation Project scheduled for in January-end were, however, postponed in the wake of tension between the two countries over the beheading of two Indian soldiers by Pakistan troops on the Line of Control (LoC). Officially, New Delhi stated that the meeting had been deferred since its Water Resources Secretary was retiring in January-end. Pakistan subsequently got occupied with the election process in the country which, much to New Delhi’s surprise, was devoid of anti-India rhetoric. Almost all parties promised to improve ties with India, encouraging New Delhi to consider resuming dialogue. MEA spokesman Syed Akbaruddin confirmed that the two countries were in discussion on resuming the dialogue on Wullar Barrage and other outstanding issues
Moving ahead
Senior officials of the two countries are understood to have been instructed by both Prime Minister Manmohan Singh and his Pakistani counterpart Nawaz Sharif to set the dialogue process in motion, now that a duly elected government is in place in Islamabad Officials said India had conveyed to Pakistan its readiness to resume the dialogue when Sharif's special envoy Shaharyar Khan visited New Delhi earlier this month to meet Manmohan Singh and convey Islamabad's desire to move forward on improving bilateral ties
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Rahul to chair meet on food programme
New Delhi, July 16 The meeting will be a sequel to the one recently organised in the Capital with Chief Ministers of Congress-ruled states and general secretaries concerned. Since the PCC chiefs were not called at the earlier meeting, which was chaired by Congress president Sonia Gandhi and attended by Prime Minister Manmohan Singh, the July 27 meeting has been called to spread the message of ‘right to food’ far and wide. As in the earlier meeting with Congress Chief Ministers, Food Minister KV Thomas will make a presentation on the issue in the July 27 meeting which will be chaired by Rahul Gandhi. Congress President Sonia Gandhi had earlier asked CMs of states ruled by the Congress to be a front-runner in implementation of the scheme. Haryana and Delhi have already announced its implementation on August 20, the birth anniversary of former Prime Minister Rajiv Gandhi.
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IAF eyes air base in Himalayas New Delhi, July 16 Two Advanced Landing Grounds (ALGs) at Dharasu and Gauchar in Rudraprayag district were used for the rescue operations following the June 16 and June 17 floods in Uttarakhand. Both ALGs have been studied for their feasibility by the IAF. They are separated by a 350-km road distance. For the present, the ALG at Dharasu, at altitude of 4,300 feet, is being considered to be converted into a fully ready IAF base, sources confirmed to The Tribune. This could support helicopters and transport aircraft. The runaway is about 1,300 metres and is fully paved. The C-130-J landed at Dharasu on June 22 with fuel and full load on the airstrip. There is enough clearance in the valleys to even land a C-17-Globemaster, the very heavy lift cargo plane that can ferry 80 tonnes and the runaway length is enough for the C-17 to operate, sources said. However, the tarmac may have to be redone. The C-130-J and the C-17 are specially designed planes that can take off and land from short runaways and even mud-paved runaways. “For the immediate, the IAF could start off by basing helicopters and once the base is to be converted, it will support fixed wing planes,” a senior functionary explained. The air strip at Dharasu is on the right bank of Bhagirathi and is one of the rare flat areas available in the Himalayas. It will need some upgradation, including setting up of a secured perimeter fence, accommodation for pilots and staff. The other ALG at Gauchar will also provide some facilities. The existing one is free for all and does not even have a proper perimeter fence or a gate. Even now a small detachment of the IAF is operating of Gauchar helping the civil administration and the border roads organisation in rebuilding infrastructure. In case the ALG at Dharasu gets functional, this will be the first base in Himalayas of Himachal Pradesh and
Uttarakhand. In Jammu and Kashmir, the IAF has bases at Srinagar, Leh, Kargil and
Thoise, besides three ALGs. In Arunachal Pradesh, there are five ALGs which are at various stages of being fully paved.
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Army’s legal wing tangled in litigation from within
Chandigarh, July 16 For a strength of 121 officers, around 100 cases filed by JAG officers are pending before the Armed Forces Tribunal and other courts of law, say sources. This includes some officers who have filed multiple cases. Most cases pertain to perceived irregularities and underhandedness in promotions, postings or handling of annual confidential reports, and in some cases acts of professional misdemeanor. Besides court cases, a large number of JAG officers has also filed statutory complaints before the Central Government to air their grievances on similar matters. The JAG Department is headed by an officer of the rank of Major General. The current incumbent, Maj Gen PS Rathore, has been dragged to court by another officer, Lt Col Mukul Dev, who alleged that he was transferred “illegally” by him. The tribunal upheld the officer’s contentions and had ordered the matter to be investigated. Though the order was passed in December 2012, the tribunal on perusing the records and files of the case observed that no fresh investigation was carried out by the Army as directed. In an affidavit filed before the court, the Defence Ministry had claimed that an investigation was carried out but nothing was found against the officer that indicated mala fide intent on his part. In its latest order earlier this month, the tribunal directed the Defence Ministry to initiate fresh investigation against the Army’s top law officer for his alleged acts within a “reasonable time” to ensure that “the spirit of justice is not suffocated within the apron of executive action”. Another petition filed by Brig Dinkar Adeeb, one of the top JAG officers, has alleged manipulation and violation of policy in the selection board proceedings to promote officers to the department’s apex position. He has claimed that a junior officer, Brig T Prashad, was hastily granted out-of-turn relief on the eve of the selection board’s meeting and then his name was considered with a changed, improved profile resulting in his empanelment for promotion. He has contended that career profiles have to be frozen five days before the board’s meeting whereas in this case, the changes were made the previous evening. Fresh promotions from Colonel to Brigadier have also created a controversy with a Colonel approaching the tribunal over the selection process.
Battling their own
The Judge Advocate General’s Department dispenses military justice and renders legal advice to commanders on operational and administrative matters While the department has 121 officers, its own officers have filed around 100 cases in the Armed Forces Tribunal and other courts of law Many officers have also filed statutory complaints before the Central Government
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Prem Bhatia Awards for journalism announced
Chandigarh, July 16 Shalini Singh, deputy editor of The Hindu, been selected for the award for political reporting for her investigative coverage of several key issues. Foremost among these was her reporting of the telecom and Coalgate scandals. The award for excellence in environmental reporting has been awarded to Jaideep
Hardikar, special correspondent of The Telegraph, for his reporting on environmental and social topics particularly relating to rural and agrarian issues. The awards, instituted in the memory of late Prem
Bhatia, an eminent journalist, will be presented at the 18th Prem Bhatia Memorial Lecture at the India International Centre on August 11. The lecture this year is being delivered by Shyam Saran, former foreign secretary and currently chairman of the National Security Advisory Board. Former foreign secretary MK Rasgotra will preside over the function.
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Mid-day meal horror in Bihar; 11 kids dead Chapra (Bihar), July 16 The tragedy took place at the government primary school in Dahrmasati Gandawan village at Mashrakh block, about 25 km from here, they said. The children fell ill soon after eating the meal, which consisted of rice, pulse and soyabean, police said. They were rushed to Chhapra sadar hospital where 11 of them were declared brought dead. The others are undergoing treatment, police said. Chief Minister Nitish Kumar has ordered a high level inquiry into the incident, sources in the CMO said, adding that a Forensic Science Laboratory team will assist in the probe, which will be conducted jointly by Saran Divisional Commissioner and DIG. The Chief Minister also announced a compensation of Rs 2 lakh each to the families of the deceased. Of this, Rs 1.5 lakh is from the Disaster Management Fund and Rs 50,000 from the CM's Relief Fund. Chapra falls in the Lok Sabha constituency of RJD president Lalu Prasad. The RJD has called a bandh in Saran district tomorrow to protest the death of 11 students. Lalu accused the state government of being responsible for the incident and demanded a probe against a mid-day meal in this area. LJP chief Ramvilas Paswan sought Kumar's resignation over the incident and said it "exposes" the claims of good goveranance of Nitish Kumar. "This (death of students) is not simply death but murder of children for which Bihar government and the Chief Minister are responsible. He should resign immediately", said Paswan. — PTI
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Pirates hijack cargo ship with 24 Indians on board Mumbai, July 16 MV Cotton, the Malta-flagged vessel, was taken over by suspected pirates 15 miles off the Gentil Port between 1am and 2 am local time yesterday, said a statement from V Ships, the crew manager for the vessel owned by a Turkish company. The 2007-built ship was awaiting berthing in the Gulf of Guinea at the time of the hijack, they said. Officials at the Directorate General of Shipping confirmed the incident, but said they were awaiting further details. Information on the cargo which the ship was carrying and the voyage details were not immediately available. Company officials did not confirm if any demand for ransom had been made by the suspected sea brigands. "Safety is the absolute priority of V-Ships and every effort is being made to secure the safe return of the crew," the statement said. Company officials informed the Turkish government and the Navy as well as other agencies and embassies about the hijack, it said. — PTI
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The Delhi High Court today dismissed Congress leader Sajjan Kumar’s plea for quashing the charges framed by the trial court against him for his role in rioting and the killing spree against Sikhs in a case relating to the 1984 riots in Delhi.
New Delhi, July 16
Two sketches of a suspect in a monk's robe in the Bodh Gaya serial blasts were released today by the National Investigation Agency (NIA) which struggled for a breakthrough in its probe nine days after the terror attack.
As many as 11 students died and 48 others fell ill today after consuming mid-day meal served to them at a government primary school in Bihar's Saran district, the police said.
