The Tribune, Chandigarh, India

	Krishna water tribunal verdict leaves Andhra in a bind Suresh Dharur Tribune News Service Hyderabad, December 5 At a time when Andhra Pradesh is grappling with the complexities of its bifurcation, including sharing of river waters, the final award of the Krishna Water Disputes Tribunal came as a jolt to the state. The tribunal, headed by Justice Brijesh Kumar, delivered its final ruling on sharing of Krishna waters among Maharashtra, Karnataka and Andhra Pradesh. The verdict says the lower riparian AP would get 1005 tmc of Krishna water as its share - a four tmc raise from its interim award in December 2010. The upper riparian Karnataka and Maharashtra have been allocated 907 tmc and 666 tmc of water, respectively. AP was expecting a substantial increase in the allocation. The tribunal has made it clear that AP will not have any rights over surplus waters, leading to a question mark over the fate of at least seven irrigation projects based on surplus flows in the Krishna. The tribunal has also allowed the upper riparian Karnataka to increase the height of the controversial Almatti dam to 524 meters. The award will be in force till 2050. The tribunal has rejected AP’s plea for allocations based on 75 percent dependability of water availability in the river. It reduced the dependability percentage to 65 for the purpose of allocations and denied AP any rights over surplus waters. This has come as a big blow as the Rs 32,000 crore worth projects, conceived on the basis of surplus waters, are at various stages of completion. It is feared that the raising of the height of Almatti dam will harm the interests of the farmers of lower riparian AP. Disappointed with the final award, the state government is planning to approach the Supreme Court, challenging the tribunal verdict. The entire opposition slammed the Congress government for failing to present arguments effectively before the tribunal. State irrigation experts say the tribunal award will have serious implications for the projects under construction and those already executed on the Krishna, especially those conceived on surplus waters. It is feared that the tribunal award, if implemented in toto, would lead to severe losses to the farmers of Krishna delta region in AP. There would be no scope for a second crop in the Krishna delta, experts say. “When the award is implemented, the release of water by upper riparian states may be delayed by one or two months because they will first impound water allocated to them. The delay means late transplantation of paddy, which in turn will make crops vulnerable to cyclones in October-November. Harvesting will have to take place in January and there will be no scope for second crop in the Krishna delta,” the experts said. Though AP had raised as many as 14 objections on the draft report of Brijesh Kumar Tribunal, it did not consider them. Setback for irrigation projects The Krishna Water Disputes Tribunal verdict says AP will get 1005 tmc of Krishna water as its share - a 4 tmc raise from its interim award in December 2010 AP was expecting a substantial increase in the allocation The state will not have any rights over surplus waters This has put a question mark over the fate of at least seven irrigation projects based on surplus flows in the Krishna
	Permanent COSC chief: The possibilities Tribune News Service New Delhi, December 5 A proposal to have a four-star general to be the single-point contact for tri-services issues has led to a flurry of activity in military circles. At present, these issues are handled by the Chairman of the Chief’s of Staff Committee (COSC). The senior most among the three chief’s is appointed the COSC boss and has no fixed tenure. The tenure is co-terminus with the retirement of the senior most chief. While deciding on the issue, the government will have to decide on the retirement age of the permanent COSC chief. All three chiefs retire at the age of 62. To appoint a soon-to-be-retiring chief would mean hiking the retirement age to 64 years to allow him a substantial tenure. In case NAK Browne is appointed to the post, no seniority issue will crop up in the IAF. Air Marshal Arup Raha has been designated as the next Air Chief. But in case General Bikram Singh is appointed as the permanent COSC chief between January 1 and June 30, Lt General Anil Chait-the senior most Army Commander-may become the Chief of Army Staff. Rarely has the government overlooked seniority while appointing chiefs of the three services. Lt General Chait retires on June 30, 2014, and General Bikram Singh retires a month later on July 31. In case Gen Chait becomes the Army Chief, Lt Gen Dalbir Singh Suhag, the Eastern Army Commander-now inline to succeed General Bikram Singh-will lose out. His appointment as the Vice-Chief of the Army, replacing Lt Gen SK Singh-retiring on December 31, 2013-awaits government clearance. Another possibility is that of appointing the current Vice-Chief of Army Staff General SK Singh to the post. He superannuates on December 31. Alternatively, Lt General Chait can also be the COSC chief.
	Court martial cases become a casualty to AFT workload Vijay Mohan Tribune News Service Chandigarh, December 5 Heavy workload due to a large number of service and pension-related matters as well as increasing litigation arising out of non-implementation of judicial orders has resulted in the Armed Forces Tribunal (AFT) being unable to give due attention to the review of verdicts passed by courts martial. “We have been able to dispose of only 10-20 per cent of cases relating to courts martial and over 400 such cases are still pending,” said Lt Gen HS Panag, who completed his tenure as the administrative member of the AFT’s Chandigarh Bench yesterday. “Given the enhanced powers of the AFT to review evidence, court martial proceedings have to be looked at in totality, but given the volume of other cases, and at times non-availability of a judicial member, this arena has suffered,” he added. Courts martial are an essential feature of military law and remain the bedrock for enforcing discipline in the forces. Akin to a sessions court, there are several types of courts martial, which have the power to award punishments ranging up to death sentence. At present, there are about 9,000 cases pending before the Chandigarh Bench out of which about 3,000 alone are for seeking the execution by the Defence Ministry of earlier orders passed by the AFT. “Execution of orders is an attitudinal problem in the bureaucracy. Not only is there functional lethargy and a shortage of staff vis-à-vis the increasing litigation, but the ministry needs to revise and update procedures and revamp policies to ensure that the ends of natural justice are met,” he said. While the formation of the AFT has been a boon to ex-servicemen and a number of far-reaching verdicts have been passed, General Panag said there were still some grey areas in the AFT’s functioning and other related grievances that needed to be redressed. For example, the AFT is the only tribunal in the country without powers of civil contempt. Consequently no action is taken by the executive on detailed or unprecedented orders, leading to another round of litigation. General Panag also came down hard on the military system of dispensing justice. “The existing system, that is cumbersome and duplicitous, needs to be reformed. Investigations are not carried out properly and officers tend to give short slip to procedures or ignore prescribed rules,” he said. Stating that the Judge Advocate General’s Department and the Military Police should be revamped as its members lack legal experience and investigative skills, he said though the military justice system needs to be tough to ensure discipline, it should be judicious and transparent. “At present, it does not meet the standards of the law of the land,” he added.
	Hectic parleys on to salvage WTO meet Bali, December 5 With India unrelenting on its tough stand, the WTO tonight launched hectic efforts to salvage the trade talks that are staring at a possible collapse on the food security issue. WTO Director General Roberto Azevedo today called an urgent meeting of the trade ministers of the US, India and Indonesia to end the impasse. He will be meeting Commerce and Industry Minister Anand Sharma, US Trade Representative (USTR) Michael Froman and Indonesian Trade Minister Gita Wirjawan as negotiators burnt midnight oil to clinch a deal on the fourth and last day of the Bali talks of the 12-year old Doha round tomorrow. Sources said earlier in the day Azevedo held an one-and-half hour long meeting with Sharma to end the stand-off following the rigid stand taken by India that there can be no compromise on its food security programme to protect two-thirds of its population by giving subsidised grains. Sharma made it plain at a press conference that India was prepared for a deadlock. "It is better to have no agreement than to have a bad agreement... We have not come here to collapse any meeting. India is committed to a positive outcome in Bali. India is committed to a balanced and fair outcome, particularly in public stockholding and food security," he said. Developed countries such as the US and the EU are asking India to accept a peace clause, which offers four years of immunity against penalties imposed for breaching the farm subsidy cap of 10 per cent under the WTO Agreement on Agriculture (AoA). Hosts Indonesia share their view. India and other developing nations, on the other hand, want the peace clause until a permanent solution is found on the matter for smooth implementation of the food security programme. — PTI
	Karnataka man-eating tiger captured Tribune News Service Bangalore, December 5 The forest department officials in Karnataka today claimed to have captured the tiger that villagers living in the neighbourhood of the Bandipur tiger reserve near Mysore had claimed to have turned into a man-eater. HC Kantharaj, director of the tiger reserve, however, said though the tiger probably would have wanted to eat his human victims, it could not do so because of severe injuries in his mouth. “The tiger’s lower jaw has been found pierced in two places by porcupine quilts. Owing to these painful wounds, the tiger was unable to chew anything. None of the three carcasses of human victims of the tiger was found to have been eaten,” Kantharaj told The Tribune. He said the tiger, a male cat of about 10 years of age, might have attacked humans as the injury in his mouth had put him at a disadvantage with regard to his wild preys. The first fatal attack took place on November 27, when a man called Basavaraju was killed. Two days later, a second victim, Cheluva, fell prey to the same tiger. Its latest victim, 60-year-old farmer Shivamallappa Basappa, was found by his son on Tuesday night close to the forest in Mysore district. The cat, that was a subject of discussion in the ongoing Assembly session in Belgaum, was tranquilised by a forest department team this afternoon in the Hediyala range of the reserve. After about six hours of search, the team traced the tiger about half a kilometer from the forest guest house, which was torched by angry villagers yesterday in protest against the failure of the government to take effective steps against the tiger menace. Angry locals demanding compensation for the families of those killed had also set fire to two jeeps belonging to forest officials. Forest officials admit that around 20 villages in the neighbourhood of the tiger reserve were in the grip of fear for last one week due to the tiger. Asked if he was certain that this was the same tiger that had killed the three people, Kantharaj said it was unlikely that another tiger would intrude in an area that was already having a resident tiger. “The tiger will be operated upon in the hospital at Mysore Zoo to remove the porcupine quilts troubling him”, the tiger reserve director said. He, however, ruled out releasing the tiger in the forest again in view of the attacks by it on humans.Angry villagers wanted to burn the tiger alive after its capture but were prevented by forest officials. Behind 3 fatal attacks The maneater (picture) is believed to be behind three fatal attacks in the Bandipur tiger reserve area near Mysore since November 27 The cat was tranquilised by a forest department team in the Hediyala range of the reserve The 10-year-old male cat probably would have eaten its human victims but for severe injuries in its mouth, said a forest official
	Taslima booked on cleric’s complaint Lucknow/Kolkata, Dec 5 An FIR has been lodged against controversial Bangladeshi writer Taslima Nasreen for allegedly hurting religious sentiments following a complaint by a prominent Muslim cleric of Uttar Pradesh, a charge which the author said shocked her. The case was lodged at the Kotwali police station by Hasan Raza Khan Noori Miyan, son of the “sajjadanasheen” of Dargah-e-Ala Hazrat Maulana Subhan Raza Khan Subhani Miyan, who objected to certain tweets by Nasreen against clerics on November 6, police sources said here today. In the complaint, it was alleged that with her remarks against clerics on Twitter the writer had hurt the feelings of the Muslim community. Noori Miyan said a fatwa had been issued in the light of Hadees and Quran. It was demanded that the passport of the writer be seized and she be arrested. Taslima said she was shocked to hear about the FIR as she had only spoken the truth. “I do not know what wrong have I done with those tweets. I only spoke the truth and once again they are after me,” Taslima told PTI from New Delhi. “I am shocked to hear this. How can this happen in a democratic country like India where the Constitution guarantees the freedom of speech and expression?” she said. — PTI
	Tejpal case to be tried by fast track court New Delhi/Panaji, Dec 5 Tehelka editor Tarun Tejpal, accused of sexually assaulting a journalist woman colleague, will be tried by a fast track court and three witnesses in whom she had confided are expected to depose before a Goa magistrate tomorrow. In Delhi, Goa Chief Minister Manohar Parrikar said, “Tejpal will be tried in a fast-track court. We will follow the Supreme Court’s guidelines and have a female judge in this case. I will see to it that justice is given to the girl. No one need be worried that Tejpal, just because of his earlier background, will be treated in a wrong way or a different way,” he said while responding to a question at a function. In Panaji, a senior police officer said the three colleagues of the woman journalist, who had confided to them after the alleged incident, will record their statement tomorrow. — PTI
	SC: Milk adulteration be punished by life term New Delhi, December 5 The Supreme Court today favoured punishment of life imprisonment to people indulging in production and marketing of adulterated milk and asked the state governments to make amendment in laws. A Bench of Justices KS Radhakrishnan and AK Sikri said punishment of six months jail term mentioned in the Food Safety Act is grossly inadequate and asked states to amend the law as had been done by Uttar Pradesh, West Bengal and Odisha. The Bench was hearing public interest litigations seeking its direction to state governments to stop practice of milk adulteration which is rampant in various states. Lawyer Anurag Tomar, appearing for the petitioners, contended that milk contaminated with synthetic material was being sold in various states particularly in northern states posing serious threat to the life and health of the consumers. He submitted that samples collected by the Food Safety and Standards Authority of India in 2011 revealed large-scale sale of adulterated milk across the country. — PTI
	Court orders fresh trial against Salman in hit-and-run case Tribune News Service Mumbai, December 5 A Mumbai sessions court on Thursday ordered retrial of a hit-and-run case involving actor Salman Khan. The actor's counsel had pleaded that the evidence submitted during the trial be discarded since he was earlier charged for a lesser offence of rash driving. Subsequently, the magistrate's court hearing the case ruled that Salman Khan be tried under the more serious charge of culpable homicide not amounting to murder. Arguing for a retrial, the actor's lawyer Shrikant Shivade argued that Salman was not been given an opportunity to cross-examine the witnesses on the enhanced charge of culpable homicide not amounting to murder, which attracts a 10-year sentence. According to the police, on September 28, 2002, a Toyota Land Cruiser driven by Salman had crushed a group of pavement dwellers sleeping on the street outside a bakery in suburban Bandra, killing one person and injuring four. The prosecution argued that the plea for a retrial amounted to a delaying tactic by the Bollywood superstar.
	Both Houses adjourned without business Tribune News Service New Delhi, December 5 No work could be transacted on the first day of the brief winter session as both the Houses of Parliament were adjourned after the respective presiding officers made obituary references to the departed MPs. Rajya Sabha lost sitting member Mohan Singh of the Samajwadi Party while in the Lok Sabha, BJP member from Sarguja Murarilal Singh died yesterday at the age of 61. Other obituary references Speaker Lok Sabha Meira Kumar made today concerned the following deceased former MPs - Gurbinder Brar, RP Sarangi, Mohan Singh, Ram Naresh Kushwaha, Mohan Dharia, Nitish Sengupta and HP Singh.
	Congress goes into a huddle as exit polls paint dismal picture Aditi Tandon Tribune News Service New Delhi, December 5 Stung by the blackout that all exit polls have predicted for the party in four of the five states that went to the polls recently, Congress’ top leadership today got into a huddle to make its own assessment of the situation. The official line at the end of the exercise was “Sunday will bring a new dawn for the Congress”. Congress vice-president Rahul Gandhi held meetings with Shakeel Ahmed, Gurudas Kamat, Mohan Prakash and BK Hariprasad, general secretaries in charge of Delhi, Rajasthan, Madhya Pradesh and Chhattisgarh, to arrive at his own understanding of the situation and make a strategy for the post-result scenario on December 8. The meetings were held at 15 Gurdwara Rakabganj Road, Congress’ election strategy centre, formerly called the war room. After this, Rahul met 12 top party leaders from Chhattisgarh, the only state where the Congress today openly claimed victory though all exit polls gave it just 33 to 41 seats as against 44 to 55 to the BJP in a 70-member House. He is said to have received a feedback from the state leaders on Congress’ victory chances. Speaking to The Tribune about party prospects later, Congress secretary in charge of Chhattisgarh Bhakta Charan Das said, “I know we are winning in Chhattisgarh. We have a clear edge in Bastar which will prove decisive. The surveys are misleading. Their credibility will be tested on December 8, the day of counting.” Das slammed the polls as “exercises meant to demoralise the Congress cadres and candidates”. He was, however, not as sure of the Congress win in Madhya Pradesh or Rajasthan as Chhattisgarh. About the results in Rajasthan, he said, “They will be surprising.” Back at his Tuglaq Lane residence, Rahul discussed party prospects with Chhattisgarh leaders, including party’s state chief Charan Das Mahant, senior leader Ajit Jogi, Congress Legislature Party leader Ravindra Chobey, both sons of slain Congress man and Salwa Judum founder Mahendra Karma, among others.
	12,000 Congress workers detained in Tripura Agartala, December 5 Over 12,000 Congress party activists and senior leaders were today detained by the police in Left-ruled Tripura after they took part in a "civil disobedience movement" to protest the alleged misrule of the government. "Over 12,000 Congress activists, including senior leaders and party legislators, were detained for participating in the 'civil disobedience movement'," west Tripura district police chief Bijoy Nag told reporters. Congress leader Ashish Saha said: "The agitation was massive and spontaneous. Congress supporters, including women, took part in the detention to protest the Left government's corruption and mis-governance." — IANS
	Turbulent Pacific behind cyclone quartet in Indian subcontinent Vibha Sharma Tribune News Service New Delhi, December 5 Indian subcontinent has witnessed four major cyclones this year so far, namely Mahasen, Phailin, Helen and Leher. The number is significant considering the record of past five years or so. While Phailin went down as the most lethal of the lot in terms of intensity and impact, the other three were also followed closely by the India Meteorological Department (IMD). With still some more days to go before the year ends, the eastern seaside, which for the past four-five years have been generating one odd major cyclone on an average every year, may give rise to another tropical cyclone to be called Madi, whenever that happens. The IMD that won praise for its accurate predictions on Phalin as regards landfall, timing and course, thus saving lives of thousands, is closely monitoring the sudden increase in sea activity. The Regional Specialised Meteorological Centre (RSMC), which monitors the tropical cyclones in the region, is keeping a close eye on the increased activity. Though M Mahapatra, head of IMD’s cyclone warning division, does not term this increased activity as “anything unusual”, he does concede that 2013 has been more “active” cyclone-wise than many recent years. Year 2010 saw Laila, 2011 Thane and 2012 witnessed Nilam. But this year, four major episodes have already been registered which Mahapatra attributes to the increased activity in the Pacific. Going by climatology, the north of the Bay of Bengal experiences highest number of cyclones. According to Mahapatra, 4.5 is the average frequency. But over the past few years, there has been a decrease in the number of in-situ developments of cyclones in this part. The cyclones along the eastern coast of the Indian mainland happen because of two reasons-in situ developments in the Bay of Bengal and the Pacific toward the right. The three major episodes during October and November-Phalin, Helen and Leher-have been remnants of the cyclones originating in the Pacific, says Mahapatra. The Pacific has been unusually active this year with more than 31 major cyclones. Remnants of Pacific cyclones moved to the Andaman Sea and intensified further to make a landfall on the Indian coastline. Six parameters are responsible for the generation of such storms and increase in sea-surface temperature is one of them. Storms in recent years 2010 Laila 2011 Thane 2012 Nilam 2013 Mahasen, Phailin, Helen and Leher
	Govt compromised Aadhaar data with CIA, says CPM New Delhi, December 5 The CPM today charged the UPA government with compromising vital data under the Aadhaar scheme and sought cancellation of a tie-up between the Unique Identification Authority of India (UIDAI) and a US firm reportedly financed by an arm of Central Intelligence Agency (CIA). "The collection of personal data and biometrics of all Indian citizens through the Aadhaar programme has been made available to the United States' agencies through the employment of these companies," party Politburo said in a statement here. — PTI
	Five wanted Maoists arrested in Bastar Raipur, December 5 Five alleged hardcore Naxals, carrying cash rewards on their head, were arrested during separate search operations in Maoist-hit Bastar region of Chhattisgarh, police said today. "Acting on a tip- off, three ultras were nabbed from the forest of Madanar village under Bayanar police station limits of Kondagaon district late last evening," a senior police official said. The security personnel were mobilised in the region following inputs about the presence of the rebels in Madanar forests. On reaching there, police rounded up two suspected men who later during interrogation admitted to being involved in the Naxal movement as active members of Madanar Jantana Sarkar group of Maoist, the official said. — PTI
	11 Chinese nationals held with 278 kg sandalwood Kolkata, December 5 Eleven Chinese nationals were today arrested at the Netaji Subhas Chandra Bose International Airport after 278-kg sandalwood was seized from them, a senior customs official said. Assistant Commissioner of Customs RS Meena told reporters that the 11 Chinese nationals were charged with illegally carrying sandalwood out of the country in defiance of the Indian Forest Act and Indian Foreign Trade Act and arrested today. In India red sandalwood trading is banned. They were detained during the security check at the airport. — PTI