L A T E S T      N E W S

SC stays release of Rajiv assassins

CHENNAI: Restraining the Tamil Nadu government from releasing seven prisoners who were convicted for assasinating former Prime Minister Rajiv Gandhi, the apex court on Thursday directed the state to maintain status quo on the issue.

There have been procedural lapses by the TN govt in its decision to release seven convicts in Rajiv Gandhi assassination case, the bench observed.

Though the government has power to remit sentence, it has to follow the laid down procedure, the court said.

The court issued notice to Tamil Nadu government asking it to file reply within two weeks and posteds the case for hearing on March 6.

The seven convicts were also issued notice.

Seeking a stay on Tamil Nadu government’s decision to release all seven convicts in Rajiv Gandhi assassination case, the Centre on Thursday moved the Supreme Court which agreed to give an urgent hearing.

Appearing before a bench headed by Chief Justice P Sathasivam, Solicitor General Mohan Parasaran pleaded for a stay saying the state government should not be allowed to release the prisoners till the apex court decided its review petition challenging commutation of death sentence of three condemned prisoners to life imprisonment on ground of delay in deciding mercy petitions.

The bench, after a brief hearing, agreed to hear the case at length and posted it at 12.40 pm.

The Jayalalithaa government had on Wednesday decided to set free all seven convicts in the assassination case after the apex court had commuted the death penalty of three of them to life imprisonment.

Besides Santhan, Murugan and Perarivalan, who earned a major reprieve on February 18 from the apex court which spared them from gallows, Nalini, Robert Pious, Jayakumar and Ravichandran are the other four convicts whose release was decided by the Tamil Nadu government.

Santhan, Murugan and Perarivalan are currently lodged in the Central Prison, Vellore, in Tamil Nadu and they are in incarceration since 1991.

Nalini, Robert Pious, Jayakumar and Ravichandran, are undergoing life sentence for their role in the assassination of Gandhi on May 21, 1991 in Sriperumbudur.

The Tamil Nadu government has set a three-day deadline for itself and also to the Centre over the release of the seven convicts.

The Supreme Court had commuted the death sentence of Murugan, Santhan (both Sri Lankan Tamils) and A G Perarivalan on the ground of 11 years delay in deciding their mercy pleas by the Centre.

It had also rejected the Centre’s submission that there was no unreasonable delay in deciding their mercy plea and the condemned prisoners did not go through agonising experience as they were enjoying life behind the bars.

Gandhi’s assassins were convicted by a TADA court in January 1998 and were awarded death sentence, which was confirmed by the apex court May 11, 1999.

PMO's press statement

The Government is moving a review petition in the Supreme Court on fundamental issues of law arising from the assassination of the late Shri Rajiv Gandhi.

We have also informed the Tamil Nadu Government that their proposed course of action to release the killers of Shri Rajiv Gandhi is not legally tenable and should not be proceeded with.

The assassination of Shri Rajiv Gandhi was an attack on the soul of India. The release of the killers of a former Prime Minister of India and our great leader, as well as several other innocent Indians, would be contrary to all principles of justice. No government or party should be soft in our fight against terrorism. - PTI

Whistle-blower provision mandatory for listed firms: SEBI

NEW DELHI: Amid a growing number of scams related to corrupt practices in corporate India, market watchdog SEBI has decided to make it mandatory for listed companies to have a whistle-blower mechanism for their employees and directors.

The mechanism would also need to have necessary safeguards to protect whistle-blowers from victimisation, while checks would also be required against any misuse of this facility aimed at encouraging directors and employees to report genuine concerns and any wrongdoings at their company.

While the new Companies Act also provides for certain classes of companies being required to establish a vigil mechanism for their directors and employees, SEBI has now decided to incorporate a provision in this regard in its new Corporate Governance Code for listed firms.

The Code has been approved by the SEBI board and would be soon notified by the regulator.

According to an internal document prepared by SEBI on this issue, a proposal to make whistle-blower mechanism compulsory for listed companies has been favoured by a vast majority.

The proposal received 19 comments in its favour and just one against it, SEBI said.

The whistle-blower mechanism, popular in many developed nations, provides an opportunity for employees to report any misdoings within their company.

SEBI’s Primary Markets Advisory Committee in fact recommended that the whistle blower mechanism should be made available to all employees, as well as other stakeholders of the company. It also suggested that the whistle blower policy of the company should be widely publicised to the target segments.

SEBI, however, concluded that the mechanism would ideally be kept open only for internal stakeholders such as employees and directors.

“Other external stakeholders are not totally within the powers of the company and have other avenues for redressal of their concerns. Hence, the proposal may be aligned with the Companies Act, 2013 and whistle blowing mechanism may be restricted to directors and employees only,” SEBI said.

At present, a listed company may establish a mechanism for employees to report to the management, their concerns about unethical behaviour, actual or suspected fraud or violation of the company’s code of conduct or ethics policy.

However, it is currently not mandatory for companies to have a whistle blower mechanism.

SEBI said the guiding principles of corporate governance enlisted by Ministry of Corporate Affairs stress the need to have well laid out Whistle-Blower Policy mechanism.

“The need for an effective legislation is essential in India with the growing number of scams related to corrupt practices in corporate India.

“There are global legislations in place, which protect whistle blowers such as The Public Interest Disclosure Act, 1998, in the UK (which protects whistle blowers from victimisation and dismissal) and the Sarbanes Oxley Act, 2002 (which provides for the protection of whistle blowers and is applicable even to employees in public listed companies),” it added.

Under the new proposals, listed companies need to have a panel to look into the alerts raised by whistle blowers and the policy in this regard should be under the audit committee.

According to the market regulator, a non-executive director could act as an ombudsman and take charge of such an investigation related to matters raised by a whistle blower.

If the disclosures are found to be true, SEBI has suggested that adequate action should be initiated which has to be a deterrent against such offences in the future.

“The policy should be such that it encourages such disclosures to be made but ensures that frivolous accusations do not become a means to harass senior management,” SEBI has said. - PTI

TN told not to proceed with release of Rajiv killers: PM 

NEW DELHI: Holding that assassination of Rajiv Gandhi was an attack on India's soul, Prime Minister Manmohan Singh today said the release of his killers would be "contrary to all principles of justice" and the Tamil Nadu government has been told not to proceed with it as it is "not legally tenable".

In a statement here, he said that no government or party should be soft in the fight against terrorism, an apparent reference to the AIADMK government in Tamil Nadu which has decided to release all the seven convicts in the assassination case after the Supreme Court commuted death sentence of three of them to life imprisonment.

"The assassination of Rajiv Gandhi was an attack on the soul of India," Singh said in the statement issued soon after the government moved a review petition in the Supreme Court on the "fundamental issues of law".

"The release of the killers of a former Prime Minister of India and our great leader, as well as several other innocent Indians, would be contrary to all principles of justice," the Prime Minister asserted.

He said the Centre has "informed the Tamil Nadu government that their proposed course of action to release the killers of Rajiv Gandhi is not legally tenable and should not be proceeded with." - PTI

Clean chit to ex-CM Shivajirao Patil-Nilangekar

MUMBAI: In a relief to former Maharashtra Chief Minister Shivajirao Patil-Nilangekar, the CBI on Thursday gave him a clean chit in the Adarsh Housing Society scam.

The CBI, in an affidavit filed before the Bombay High Court, has said that the agency has already looked into the role of Patil-Nilangekar but found no material or evidence to suggest any criminal misconduct on his part.

“The role of Shivajirao Patil Nilangekar and others in relation to Adarsh has already been looked into. The material unearthed during the course of investigation did not warrant action against them (Nilangekar and others) and, therefore, they are not included as accused in the charge sheet,” the CBI affidavit said.

The affidavit was filed in reply to an application of social activist Pravin Wategaonkar, seeking Patil-Nilangekar to be arraigned as accused in the case.

Wategaonkar, who filed the application in the course of his Public Interest Litigation on Adarsh probe, alleged that Patil-Nilangekar, during his tenure as revenue minister, granted certain approvals to Adarsh Society illegally. In return, his son-in-law was allotted flat in Adarsh, the application claimed.

The CBI in its affidavit said that probe into benami transactions were still in progress.

“Further investigations with regard to financial transactions involving K.L. Gidwani (former MLA and promoter of Adarsh) and Arun Dhawle, son-in-law of Shivajirao Patil Nilangekar, while acquiring flats and the flow of funds to the account of the society are still in progress,” the affidavit filed by S.S. Giri, investigating officer of CBI, said.

“With regard to role of Nilangekar as revenue minister, the investigation carried out by CBI earlier did not find any prosecutable evidence against him to arraign him as an accused,” the affidavit said.

There is no material on hand to suggest that Nilangekar extended undue favours to the society and that his son-in-law was allotted flat as quid pro quo, it added.

“Without prejudice it is submitted that while taking any decision at the level of government there would be recommendations and queries at various levels before final decisions are taken by the competent authority,” the agency said.

“In the process, simple recommendations made at various levels by various officers cannot be deemed as acts amounting to criminal misconduct,” it added.

Patil-Nilangekar was the revenue minister when Adarsh Society -- accused of several violations of civic and environmental laws -- was allotted land in upmarket south Mumbai in 2004. - PTI

Zaheer Khan must contemplate future: Dravid

NEW DELHI: Former captain Rahul Dravid feels it is time for Zaheer Khan to start deliberating on his future as it would be difficult for the senior pacer to survive the rigours of five Test matches when India tour England later this year.

Zaheer, who made a comeback to the Test team during the disastrous tours of South Africa and New Zealand after a long injury lay-off, failed to trouble the batsmen.

Although he bowled 51 overs and took a five-wicket haul in the second innings of the Wellington Test against New Zealand recently, he looked far from impressive.

“Can he survive five Test matches in England? I am not so sure,” Dravid was quoted as saying by ‘ESPNcricinfo’

“I think it is a question he deeply needs to ask himself. He doesn’t want to end up being someone who struggles his way through to the end. It can be really hard. And we have seen, he struggled to back up time and time again in these two series. So that’s an issue he needs to consider, Indian selectors need to consider,” he said.

With 311 wickets in 92 Tests, Zaheer is the second most successful India seamer after Kapil Dev but his career has been plagued by injuries.

Dravid said he would hate to see Zaheer end his career on a low.

“He has been a great bowler for India, arguably the finest India fast bowler since Kapil Dev. I would hate to see Zaheer Khan end his career bowling 120-125 kph and limp away from international cricket.

“He has done a great job to get himself fit for these two series and to be fair, he has bowled well in patches, he has bowled consistently,” said Dravid.

Talking about Indian spinners, Dravid said in the past also they had struggled in overseas conditions and people need to be patient with them.

“We will need to show some patience with our spinners, whether it is R Ashwin or whether it’s (Ravindra) Jadeja, it’s early days for both in international cricket,” he said.

“We have seen some greats of Indian cricket, including Anil Kumble and Harbhajan Singh, take a long time to get used to bowling with a Kookaburra ball in overseas conditions.

“I thought we were a little bit impatient with Ashwin. We haven’t given him as much a run as I would like, so I think there is an opportunity for him to get back into the side and play a few more games. He will only learn if he play more games,” insisted Dravid. - PTI

Parliament adjourned for an hour 

NEW DELHI: Parliament was adjourned for an hour today after din over a variety of issues, including the move of the Tamil Nadu government to release those convicted in the Rajiv Gandhi assassination case.

As soon as Lok Sabha met for the day, SP members rushed to the Well demanding passage of the Communal Violence Prevention Bill.

Congress member and former Union Minister Kantilal Bhuria was seen displaying a newspaper from his seat showing a report on the decision of the Jayalalithaa government.

Some Congress members from Tamil Nadu government were heard slamming the Tamil Nadu government for its move.

AIADMK members rushed to the Well displaying posters supporting the decision of its government in Tamil Nadu to release all the seven convicts.

JD-U members also joined the SP and AIADMK members in the Well demanding special category status for Bihar.

Speaker Meira Kumar adjourned the House till noon amid noisy scenes.

Lok Sabha earlier condoled the death of two former members.

In Rajya Sabha, immediately after an obituary reference to former CPI-M member P R Rajan, Chairman Hamid Ansari took up the Question Hour.

But members cutting across party lines created commotion with some trooping into the Well and raising slogans.

Congress members protested Tamil Nadu government's decision to release the convicts in the Rajiv Gandhi assassination case while AIADMK members rose to counter them.

Led by Ram Gopal Yadav, SP members made a strong demand for inclusion of 17 OBC communities in the SC/ST list.

Holding placards in the Well, TDP members opposed bifurcation of Andhra Pradesh.

Amid uproar, Ansari adjourned the House till noon ruling, "This is unbecoming behaviour of members." - PTI