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Court rejects Zakia's petition against SIT
clean chit to Modi
Ahmedabad: In a major relief to Narendra Modi, a metropolitan court today rejected the protest petition filed by Zakia Jafri, wife of a former Congress MP, against the clean chit given to him and others by the Special Investigation Team in the 2002 Gujarat riots.
Metropolitan Magistrate B. J. Ganatra, while pronouncing the order in an
open court, told Zakia's counsel Mihir Desai that her petition has been rejected and they have the liberty to approach a higher court.
Jafri, whose husband Ehsan Jafri, a former Congress MP, was among 68 people killed in the Gulbarg society massacre here during the post-Godhra riots, had filed a protest petition on April 15, this year objecting to the Supreme Court-appointed SIT's closure report absolving Modi of complicity in the conspiracy behind the carnage.
Seventyfour-year-old Zakia, who was present at the court, broke down after the verdict was out and said she will appeal against it in the higher court in a month.
"The only hurdle in the acceptance of SIT's recommendations was the protest petition and the protest petition was rejected, obviously the SIT report has been accepted. So, SIT's investigation, integrity, impartiality, all have been given a judicial stamp," R. S. Jamuar, SIT's counsel, told reporters after the verdict.
After completing its investigation on Zakia's complaint, the SIT had had filed its closure report on February 8, last year.
It concluded that despite difficulties in obtaining evidence in the case because of the lapse of eight years, whatever material it could gather was not sufficient enough to prosecute those against whom allegations of hatching the conspiracy had been levelled. — PTI
Snoopgate: Centre sets up commission of inquiry
NEW DELHI: The Centre on Thursday decided to appoint a Commission of Inquiry into the “snooping” on a woman in Gujarat allegedly at the behest of BJP’s prime ministerial candidate Narendra Modi.
The decision was taken by the Union Cabinet under Section 3 of the Commissions of Inquiry Act which empowers the Centre to set up such a commission.
The commission is likely to be headed by a retired Supreme Court judge and will submit its report within three months.
The Cabinet has decided to constitute the inquiry into the incidents of physical/electronic surveillance in the states of Gujarat, Himachal Pradesh, and Delhi allegedly without authorisation.
The proposal for setting up the probe panel was mooted by the Home Ministry, which had suggested that it should be headed by a sitting or a retired Supreme Court Judge.
The Centre’s decision over-rules the contention of the Gujarat government that it was a state matter and it had already appointed a commission for probe into the matter.
The Union Cabinet’s decision came against the backdrop of fresh claims that the alleged snooping was conducted beyond the state of Gujarat.
Web portal gulail.com had on Wednesday claimed that the snooping of the woman allegedly at the behest of
Modi was not only confined to Gujarat but extended to Karnataka as well.
The portal, which along with another portal cobrapost.com, had first exposed the matter, alleged that Gujarat police had in 2009 contacted its Karnataka counterpart during the chief ministership of B.S. Yeddyurappa for intercepting the telephone of the woman when she was living in Bangalore. — PTI
Constitutional status for proposed judicial appointments panel
NEW DELHI: Amid demands by jurists and the BJP, the government on Thursday gave the go-ahead to grant constitutional status to a proposed Commission for appointment and transfer of judges to the higher judiciary to ensure that its composition cannot be altered through an ordinary legislation.
A Parliamentary Standing Committee, which examined the Judicial Appointments Commission (JAC) Bill, 2013, had also made a similar recommendation.
There were demands that the composition as well as the functions of the proposed Judicial Appointments Commission (JAC) should be mentioned in the Constitution as a safeguard against future changes.
The decision was taken at the Cabinet meeting held here today.
According to the proposal, while new Article 124 A of the Constitution will define the composition of JAC, Article 124 B will define its functions.
At present, the composition of the proposed panel is defined in the Judicial Appointments Commission Bill, 2013, which was introduced along with a separate constitutional amendment bill in Rajya Sabha during the Monsoon Session.
The constitutional amendment bill says there will be a JAC but does not say it will be headed by the CJI or mentions the composition.
While the constitutional amendment bill — an enabling bill — was passed by the Upper House, the main bill — the Judicial Appointments Commission Bill, 2013 -- was referred to the standing committee.
The Judicial Appointments Commission Bill defines the establishment of the proposed body to recommend appointment and transfer of judges of the Supreme Court and the high courts.
“We have made compromises to make the bill palatable to all. We have satisfied all demands.... The bill with official amendments will be tabled in the Lok Sabha now,” Law Minister Kapil Sibal told reporters here.
While a constitutional amendment bill requires two-third majority for passage in a House, a normal legislation just needs a simple majority. — PTI
Alleged visa fraud not necessarily a grave crime: US attorney
Washington: The US can still withdraw the alleged visa fraud case against Indian diplomat Devyani Khobragade, although it could face some difficulties before the judiciary, according to a top American lawyer.
"I think, in this particular case, when the issue is not necessarily mistreatment in a physical sense, but low wages, I think it moves a little bit more towards a serious crime, but not necessarily a grave crime," G. Douglas Jones, the ex-Attorney for the Northern District of Alabama, and currently the Treasurer of the National Association of Former US Attorneys, said.
India has strongly objected to the arrest of 39-year-old Khobragade arguing that the allegations of visa fraud against her is not grave enough to arrest her, and thus the US has violated Vienna Convention for Consular Relations of 1963.
The US, however, claims this to be a grave crime.
Jones conceded that the interpretation of the crime under the Vienna Convention is a grey area and it is for the governments concerned to define it.
"Laws like that are often subject to the interpretation of the person who wants to use the law either for or against the particular point. I can certainly see the Indian government's point. From the US point of view it is a serious enough crime that would merit some type of arrest. But in this country also remember that the nature of the crime is only aspect of a consideration," he said, adding the flight risk of Khobragade could have been one of the reasons for her arrest.
"It is a very very sensitive and a very difficult case to manage at this point," Jones said.
Jones observed that the very fact this case was investigated by the State Department and not the FBI or ICE, the two major investigative wings of the US Government, is reflective of the fact that there were serious considerations given before taking a decision to arrest Khobragade.
When asked about the Indian demand that the US should withdraw the case against Khobragade, which has been ruled out by the State Department, Jones said this is feasible, though might be difficult at this stage of the court case.
"It (apology) is certainly feasible. It is certainly feasible. It is more difficult once a complaint is filed and prosecution has been initiated. It is more difficult for the justice department to back off after that and even for the State Department. But it is possible," Jones said.
"This case can go any number of ways. It can go through the court system all the way through a trial. I do not think that that will happen. I think that pursuing this case to the trial is going to be the last thing that the US and the Indian government would really want to happen that would escalate the tensions," he said.
"Could it be resolved with some kind of diplomatic or other type of resolution in the court system wherein there is an acknowledgment that either a crime or some wrong was done that's going to be a decision that she would have to make in consultation with her lawyer," Jones said.
After a day's break due to Christmas holiday, officials of both India and the US, accompanied by a battery of legal minds, are expected to resume their talks on Thursday. — PTI
Kejriwal appeals to honest officers to approach him
NEW DELHI: Aam Aadmi Party leader Arvind Kejriwal, who will take oath as Delhi's
Chief Minister on December 28, appealed to all honest officers on Thursday to approach him via SMS, emails and letters.
"We would give such officers good position in our government, and take their help to make strategies," Kejriwal told reporters after addressing a
janata darbar at AAP's office in Kaushambi, in neighbouring Ghaziabad.
Adding that he would solve their problems at the earliest, Kejriwal said: "I also appeal to those honest officers (to contact me) who have been suspended, and their pension, medical and other dues have not been cleared so far."
On sending an invitation to social activist Anna Hazare for the oath-taking ceremony Saturday, Kejriwal said he would personally talk to him over the phone and invite him.
He said he would announce his Cabinet's portfolios within the next two days. — IANS
J&K cricketers 'questioned for hours' during police raid at hotel
JAMMU: Jammu and Kashmir Ranji cricketers had to endure a torrid time on Tuesday when they were woken up in the middle of night and
"questioned for hours" by the police which was looking for a suspected militant.
The incident happened hours before the cricketers were to play against Hyderabad on the final day of their Ranji Trophy Group C match, which ended in a draw later.
Team all-rounder Samiullah Beigh narrated the incident on his Facebook page.
"Cudnt sleep whole night....police came to search our hotel at midnight and questioned us for hours at 1:15am in the night," Beigh wrote.
"We dnt lock our doors as only our Ranji trophy team stays in that hotel. we r still feeling d shock n horror of finding uniformed people with guns surrounding us when v wre fast asleep," his comment read further.
Rajesh Kumar, the Inspector General of Jammu Police, said acting on a tip off, they searched all Jammu hotels and the Ranji team was not targeted "specifically".
"We searched most of the hotels in Jammu...a routine check-up. We did not have the prior information that the Ranji team is staying in the hotel. Police was not aware of the fact that they are the members of the Ranji team. So it is possible they must have been questioned," Kumar said.
A furious Beigh said even if it was a routine check up, the treatment meted out to them was not appropriate.
"whether deliberate harassment or routine check up, surely this isnt d way to treat bunch of guys with national and international repute, especially when u r playing the most important match of the jk cricket history," he wrote.
Meanwhile, Jammu and Kashmir Cricket Association (JKCA) has denounced the police action.
"As police says, it may be routine check up, I won't say anything about that but conducting a routine check up in the middle of the night is going to harass anybody. If they had any routine check up, they should have come early but coming late in the night would obviously harass (players)," JKCA treasurer Manzoor Wazir said.
"Our players were already under stress as a crucial match was on. We have officially closed the matter because we want our boys to focus on next match," Wazir said.
Wazir said the police should have know about the fact that the state Ranji players were staying in that hotel.
"They have their own ways of saying things but let me tell you clearly, we are playing in our own state and police should have input about each one of us. They should have known that the team is stationed in the hotel," Wazir said. — PTI
Poor economy derails Planning Commission’s 8 pc growth target
NEW DELHI: Poor performance of the economy during 2013 derailed Planning Commission's ambitious growth target of 8 per cent for the 12th Plan, which the nation's official thinktank will revise downwards in the new year as part of its mid-term review exercise.
Attributing lower-than-expected growth to global factors, Planning Commission deputy chairman Montek Singh Ahluwalia said 12th Plan's growth target could be lowered to around 7.5 per cent.
"In the 12th Plan for the first time, upper-end performance was going to be around 8 per cent average in a year but since then global economy has done much worse. So, today, 8 per cent is bit on the high side. The possibility for next five years I feel is 7.5 per cent which is not impossible," Montek Singh Ahluwalia said.
During the first year of the 12th Plan, India's economy grew by only 5 per cent, the slowest in a decade.
In the first half (April-September) of the current fiscal FY2013-14, the economy grew by just 4.6 per cent.
The Planning Commission will conduct the mid-term review of the 12th Five Year Plan by the end of 2014, for which the preparatory work has started already, Ahluwalia said.
"The 12th Plan has set a target of 8 per cent growth over the five year period 2012-13 to 2016-17. With a growth of only 5 per cent in the first year and perhaps 6.5 per cent in the second, it will require a very sharp acceleration in the later years to achieve an average of 8 per cent over the entire Plan period," the commission said in its 12th Plan document.
The Indian economy grew at over 9 per cent for five years before 2008, a period during which global economy was booming.
In one of its major thrusts to fuel economic growth and promote economic activity, the government cleared docks to get going big infrastructure projects by setting up the Cabinet Committee on Investment to deal with situations where clearances were unduly delayed.
The commission, in the 12th Plan, has also proposed a two pronged strategy to bring the macro economic imbalances under control and to reverse the slowdown, as well as pushing for structural reforms in areas critical for maintaining medium term growth.
However, Ahluwalia, remains optimistic of an economic turnaround in the coming quarters on the back of various measures taken by the government supported by good agricultural production this year.
"I expect to see recovery in the coming quarters. Exactly how much that it will produce, is difficult to predict right now. But we are definitely on a turnaround path," Ahluwalia said.
Planning Commission Secretary Sindhushree Khullar was of the view that the year was productive and key impediments in the infrastructure sector were successfully removed.
"2013 calendar year was very productive for us. In 2012, the NDC approved the 12th Plan, so for us, it's a very big milestone of getting all the chief ministers to endorse the plan. So, it's (2013) a very eventful year. I think we have done reasonably well. We have been very active on the reviews, following up ... a lot of work in the infrastructure sector," Khullar said.
The commission, during the year, also set up a committee under one of its members, BK Chaturvedi, to look into the possibility of utilization of surplus coal from captive mines by power firms so as to tide over energy related issues.
The committee will possibly submit its report to the government soon.
During the year, the Planning Commission also set up an Independent Evaluation Office (IEO) under Ajay Chibber with an objective to improve the effectiveness of government policies and programmes by assessing their impact and outcomes.
According to officials in the Planning Commission, the immediate impact of the IEO will not be felt, but in the long run it will help in making significant policy changes.
Although, the entire focus during the year had been to revive economic growth and remove policy bottlenecks, the Planning Commission for once again was targeted on poverty data, evoking sharp criticism from opposition and experts.
The poverty data by the commission in July suggested that people spending over Rs 33.33 per day in urban and Rs 27.20 per day in rural areas could not be considered as poor.
Earlier in 2012 also, the commission had said that people with a daily consumption expenditure of Rs 28.35 in cities and Rs 22.42 in villages were above the poverty line.
Among others, the Planning Commission also drew attention from various quarters for turning the Yojana Bhawan virtually into a fortress and making it inaccessible during visits of high profile people like Bill Gates, state chief ministers — Narendra Modi, Mamata Banerjee and J. Jayalalithaa citing security reasons.
In few of the unexpected events, the commission witnessed protests by a student union from West Bengal that led to the manhandling of state finance minister Amit Mitra.
Mitra was manhandled in a gherao by Students' Federation of India (SFI) activists outside Yojana Bhawan, protesting the death of one of their colleagues in Kolkata.
A scuffle between mediapersons and personal security guards of Bill Gates was a forgettable incident during the year. — PTI
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