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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

India wakes up to Chinese threat
High-level meet to take up obsolete weaponry issue
New Delhi, September 16
Better late than never! The government has finally woken up to the China threat and its incursions into the Indian territory. Even as National Security Adviser MK Narayanan holds a high-level meeting here tomorrow to take stock of the situation on the Indo-China border, the Indian armed forces claim to be handicapped due to paucity of the latest weaponry needed in the event of any skirmish.

Ration Scam
Fresh probe ordered against Lt Gen
Chandigarh, September 16
While setting aside the court martial proceedings against a Lieutenant General for alleged misappropriation in purchase of dry rations, the Armed Forces Tribunal (AFT) has directed the Army to resort to a fresh court of inquiry.

Order CBI inquiry into Sohrabuddin case, SC told
New Delhi, September 16
Listing at least six vital lapses that are “not mere negligence” in the investigation into the killing of Sohrabuddin Sheikh in a fake encounter in Gujarat, Solicitor-General Gopal Subramanium today pleaded for a probe by a multi-member special investigation team (SIT) of the Central Bureau Investigation (CBI).



EARLIER STORIES

Train Torching
Fine accused, spectators, says railway police
Patna, September 16
In a move aimed to put a check on mob fury, particularly on the trains, the Government Railway Police in Bihar has recommended imposition of collective fine on persons responsible for torching four air-conditioned bogies of Shramajeevi Express on August 18.
Samajwadi Party supporters clash with cops during a protest in Allahabad on Wednesday.
Samajwadi Party supporters clash with cops during a protest in Allahabad on Wednesday. — AFP

Finally, Tamiflu on chemist counters
New Delhi, September 16
The tenaciously spreading Influenza-A H1N1 virus today forced the government to allow restricted retail sale of Zanamivir and Oseltamivir, the only drugs known so far to be effective against the novel flu strain.

CBI releases two after interrogation
New Delhi, September 16
The CBI has released a brother-sister duo, whom it detained for questioning in the murder case of Noida schoolgirl Aarushi following the recovery of her mobile phone from them.

Centre holds meeting as tiger deaths rise to 50
New Delhi, September 16
With tiger deaths crossing the 50 mark this year, a worried government is convening a series of meeting with 17 tiger-range states to look into the reasons for the unabated deaths of the feline.

R’sthan govt in austerity mode
Jaipur, September 16
Joining the austerity bandwagon, the Rajasthan government today announced a slew of measures to cut down its expenditure in view of global slowdown and drought-like situation.
Representatives of various women bodies talk to mediapersons outside the Rashtrapati Bhavan after submitting a memorandum to President Pratibha Patil regarding the Women’s Reservation Bill in Parliament
Representatives of various women bodies talk to mediapersons outside the Rashtrapati Bhavan after submitting a memorandum to President Pratibha Patil regarding the Women’s Reservation Bill in Parliament. — A Tribune photograph

Cong, NCP close to pact on seat sharing
Mumbai, September 16
The Congress and the Nationalist Congress Party have come closer to a seat-sharing arrangement in Maharashtra with leaders of both outfits deciding on sharing a number of contentious seats among themselves.

British woman alleges humiliation in Gujarat court 
Ahmedabad, September 16
A young British woman allegedly molested by a plumber last month has complained to the Gujarat High Court Chief Justice about the "humiliation" she had to undergo in the open court during hearing of the case.

Dinakaran Case
Charges based on CPM memo: Complainants
Chennai, September 16
Senior lawyers from Tamil Nadu, based on whose complaint, an inquiry was sought by senior advocates of the Supreme Court into the “integrity” of Karnataka Chief Justice PD Dinakaran, said their charges were based on a memorandum submitted by a farmers’ union affliated to the CPM.

India designs new reactor for thorium utilisation
Mumbai, September 16
India today announced it had designed a new version of advanced heavy water atomic reactor that would use lesser low enriched uranium along with thorium as fuel and possess next generation safety requirements.





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India wakes up to Chinese threat
High-level meet to take up obsolete weaponry issue
Ashok Tuteja & Ajay Banerjee
Tribune News Service

New Delhi, September 16
Better late than never! The government has finally woken up to the China threat and its incursions into the Indian territory. Even as National Security Adviser MK Narayanan holds a high-level meeting here tomorrow to take stock of the situation on the Indo-China border, the Indian armed forces claim to be handicapped due to paucity of the latest weaponry needed in the event of any skirmish.

Shockingly, as the country’s top most strategic planners finalise India’s response, the forces are saddled with weapons that are of 1970s and 1980s vintage. Hardly, the ones needed to ensure military domination.

The NSA’s meeting is likely to be attended by Cabinet Secretary KM Chandrashekhar, Defence Secretary Pradeep Kumar, Home Secretary GK Pillai, Foreign Secretary Nirupama Rao, services chiefs and top officials of intelligence agencies. At least Army Chief Gen Deepak Kapoor may not be able to make it since he is not in the capital, sources here said.

Narayanan is India’s point man for ties with China in his capacity as India’s special representative for talks on the lingering boundary dispute. The External Affairs ministry has sought to play down the latest incursions by China, saying there was a difference in perception between the two countries on the delineation of the line of actual control (LAC). The strategic establishment, however, is worried over the frequency with which these violations have been taking place.

Sources said the armed forces will plead in the meeting for taking urgent steps to replace the weapons. Take a look: One variety of the Air defence guns placed along the Sino-Indian border are of 1974 vintage and can fire only till 5000 feet. Another variety was inducted in the 1980s.

The surface-to-air missiles, considered a deadly weapon in the mountains, were bought in the 1980s while another purchase was made in 1990s. The major purchase of self propelled guns, though not deployed in high mountains, were carried out the last time in 1975 while another small quantity was purchased in 1995.

In the case of the big guns of the artillery, the last purchase was in 1985 when the Bofors was procured. Since then India has started the process a few times but did not finalise anything. The project to purchase the ultra light howitzer, that can be slung under a chopper and dropped anywhere in the high mountains, has been put in cold storage.

Meanwhile, amidst mounting tensions, the annual Indo-China military exercise between the two countries is not likely to be conducted this year. As per the agreed rotation policy, it was China’s turn to host it this year. However, no dates have been conveyed so far. Normally, by this time the dates are decided and all logistics are in place. 

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Ration Scam
Fresh probe ordered against Lt Gen
Vijay Mohan
Tribune News Service

Chandigarh, September 16
While setting aside the court martial proceedings against a Lieutenant General for alleged misappropriation in purchase of dry rations, the Armed Forces Tribunal (AFT) has directed the Army to resort to a fresh court of inquiry.

Directing the Army to permit Lt Gen SK Sahni, former Director-General Supplies and Transport at Army Headquarters, to produce and cross-examine witnesses that he wishes to do, the AFT in its order issued earlier this month ruled that the court of inquiry (COI) be completed within eight weeks.

Quashing earlier army orders in the case, the bench, comprising AFT Chairman Justice AK Mathur and Lt Gen ML Naidu (retd) also directed the petitioner to fully co-operate with the COI, failing which it would be open for the presiding officer to proceed ex-parte against him.

Sahni had been attached to Headquarters 11 Corps in September last year for disciplinary proceedings.

The GCM was ordered in November and he was to be tried on nine charges. Terming the proceedings against him as malicious and whimsical, he had moved the Delhi High Court, which quashed the earlier court of inquiry on grounds of procedural lapses.

The court, however, gave the Army liberty to proceed against but the proceedings of the said COI were not used. Thereafter the Army retorted to a different procedure (Rule 22) and proceeded against him.

The AFT observed that in spite of the HC order, the Army had framed charges under Rule 22 by changing the language but substratum of the matter remained the same, thereby violating the court mandate and prejudicing the petitioner.

Pointing out that by not complying Army Rule 180, which gives an accused the right to cross-examine witness in the COI, the petitioner was not given full opportunity under law, the AFT observed that resorting to Rule 22, instead of complying with Rule 180 as directed by the HC, was unwarranted and illegal.

After the impunged COI had, in 2006, blamed Sahni and several others for alleged irregularities in procurement of dry rations, the GOC-in-C, Western Command had ordered disciplinary action against the general and two brigadiers. The issue has since been embroiled in legal wrangling. Others had also moved the court.

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Order CBI inquiry into Sohrabuddin case, SC told
R Sedhuraman
Our Legal Correspondent

New Delhi, September 16
Listing at least six vital lapses that are “not mere negligence” in the investigation into the killing of Sohrabuddin Sheikh in a fake encounter in Gujarat, Solicitor-General Gopal Subramanium today pleaded for a probe by a multi-member special investigation team (SIT) of the Central Bureau Investigation (CBI).

The SG, amicus curiae in the case, made his contentions before a Bench of Justices Tarun Chatterjee and Aftab Alam after senior counsel Dushyant Dave, appearing for the victim's brother, equated the fake encounters in Gujarat with similar incidents in Punjab at the height of terrorism in the 1980s.

Dave said his client’s faith in the investigation had been eroded further by the statements issued after the recent bypoll results that were cited as people’s mandate for the actions of the state government. The BJP won five of the seven assembly seats at stake.

Even the Supreme Court of Israel, which was struggling to deal with terrorism, had mandated that the security forces could not violate human rights in the name of tackling such problems, Dave said. If the encounter victims in Gujarat were actually terrorists, then why was the state government not capturing them alive and taking recourse to rule of law that would result in breaking their network, Dave questioned. The state machinery was mysteriously shying away from the judiciary, he felt.

Sohrabuddin, his wife Kausar Bi and their friend, Tulsiram Prajapati were killed between November 2005 and March 2006. In all, the Gujarat police allegedly killed 20 people in 11 fake encounters between 2002 and 2006.

The SG said the senior police official, Geeta Johri, had opted out of the investigation without informing the apex court despite the fact that the court had vested the probe with her. The probe had also failed to make any attempt to unravel the possible conspiracy by three top police officials involved in encounters.

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Train Torching
Fine accused, spectators, says railway police
Sanjay Singh
Tribune News Service

Patna, September 16
In a move aimed to put a check on mob fury, particularly on the trains, the Government Railway Police in Bihar has recommended imposition of collective fine on persons responsible for torching four air-conditioned bogies of Shramajeevi Express on August 18.

The state police headquarters had taken a serious exception to the

incident in which a mob comprising students and locals went on rampage

and burnt the coaches of the train following an altercation with the jawans of Railway Protection Force (RPF).

The RPF men escorting the train had reportedly objected to their travelling in the AC compartments without ticket. The TV news channels had shown vandals torching the train.

DGP Anand Shankar had directed the railway police to identify the culprits from the TV clippings and take stern action against them. Following the DGP’s directive the railway police got prepared posters of the miscreants burning the train through the TV footage. Finally, 26 of them were identified and put behind bars.

After filing the charge sheet, the police plans to get them convicted

through speedy trial of the case. At the same time, it has also decided to punish the locals who remained a mute spectator to the incident that caused extensive damage to railway property and brought disrepute to Bihar, said DIG, Pandey. As a “token” punishment for violating peace and order in the area and damaging government property, Pandey has recommended realisation of fine from them under the “Bihar Collective Fine Imposition Act-1982”.

The recommendation will have to be endorsed by the DGP and the final decision can only be taken by the state government. To a question whether the entire damage can be realised from the collective fine, Pandey explained that the fine was not meant to realise the value of the damage done. 

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Finally, Tamiflu on chemist counters
Aditi Tandon
Tribune News Service

New Delhi, September 16
The tenaciously spreading Influenza-A H1N1 virus today forced the government to allow restricted retail sale of Zanamivir and Oseltamivir, the only drugs known so far to be effective against the novel flu strain.

Common names for the two drugs are Relenza and Tamiflu, respectively, and the government hopes to put them in the market over the coming week. The drugs will, however, be available with select chemists who have the licence to sell highly restricted drugs. A physician’s prescription would be a must.

Issuing a notification in this regard late yesterday, the health ministry said it had decided to allow controlled market availability of the anti-viral drugs in the wake of the spreading infection, which has killed more than 200 persons, the highest in Maharashtra (87), followed by Karnataka (66), Gujarat (18), Andhra (100), and Delhi (6).

The notification, issued under Section 26 E of the Drugs and Cosmetic Act, 1940, brings to an end the old government policy that banned retail sale of Oselatamivir. Interestingly, there was never a restriction on the sale of Relenza, which was not even publicised as an anti-viral drug as it was not made part of the government’s anti-swine flu national stockpile.

With the changed policy today, only such chemists who have the license to sell, stock or distribute drugs specified under Schedule X of the Drugs and Cosmetic Rules, 1945, would be authorised to sell the two anti-H1N1 drugs against proper medical prescriptions. Schedule X deals with highly restricted drugs.

The government today said it had ensured the pharmaceutical companies manufacturing the two drugs were in a state of readiness to roll out medicines into the retail market once the notification came into force.

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CBI releases two after interrogation

New Delhi, September 16
The CBI has released a brother-sister duo, whom it detained for questioning in the murder case of Noida schoolgirl Aarushi following the recovery of her mobile phone from them.

Ramphool and his sister Kusum were detained and interrogated by the investigating agency yesterday to recreate the journey of the phone from Noida to Bulandshahr where it was recovered by the Delhi Police on Saturday, official sources said.

Aarushi and her domestic help Hemraj were killed 16 months ago at her Noida residence.

The CBI has sent the Nokia N-72 phone for forensic analysis to establish if the phone actually belongs to Aarushi and to see if any information could be retrieved from it. — PTI

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Centre holds meeting as tiger deaths rise to 50

New Delhi, September 16
With tiger deaths crossing the 50 mark this year, a worried government is convening a series of meeting with 17 tiger-range states to look into the reasons for the unabated deaths of the feline.

“The first meeting will be held tomorrow with directors from tiger reserves from northern India such as Corbett, Dudhwa and Kaziranga,” said a senior official from National Tiger Conservation Authority (NTCA) which is holding the meet on behalf of the Centre.

He said meetings will be held with other directors of tiger reserves in Central and southern India in a phased manner by October 6.

Though the government maintains that at least 52 tigers have died so far this year across the country, the NGOs estimate the toll to be 66 and have attributed the deaths to shrinking habitats, poaching and man-animal conflicts.

While the officials say the 15 deaths were due to poaching, the NGO Wildlife Protection Society of India (WPSI) led by wildlife expert Belinda Wright puts the number at 23.

“Of 52 tiger deaths, 15 were due to poaching. Ten poaching cases took place outside protected areas (PAs) due to poisoning. This indicate that the PAs are still safe for the cats,” the NTCA official said.

Though the NGOs and government may differ on the number of deaths, both agree that other big cats perished due to factors such as old age, territorial fights, tiger-human conflict, accident and diseases.

Statistics collected from different parts of India by the WPSI says that between January and August this year, at least 66 tigers have lost their lives. National tiger census figures released in Jan 2008 showed 1,411 tigers were living as compared to 3,508 in 1997, a drastic drop of 60 per cent. — PTI

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R’sthan govt in austerity mode
Perneet Singh
Tribune News Service

Jaipur, September 16
Joining the austerity bandwagon, the Rajasthan government today announced a slew of measures to cut down its expenditure in view of global slowdown and drought-like situation.

These measures have been implemented with immediate effect and will remain in force till June 30 next year. The order asking the authorities to cut the expenditure would be applicable to all the government departments.

Firstly, the state government has banned foreign tours by ministers and officers. However, this ban will not apply on compulsory training programmes. For domestic travel, the ministers and the bureaucrats have been asked to fly in economy class and for that too they will have to seek prior permission from the Chief Minister’s Office.

All government offices have been directed to cut their power bills by 10 per cent every month. Employees seeking transfers will not be paid any allowances. Officers will have to seek prior permission for any official trip to New Delhi. There would also be a ban on purchase of new vehicles, air-conditioners, mobile phones, though computers have been kept out of this purview.

The officials cannot use their government vehicles for traveling outside their area of jurisdiction and if the tour is inevitable, prior permission from the chief administration secretary would have to be sought. However, life saving and essential services are debarred from such restrictions and bans.

Any state government dinner or lunch should get permission from the finance department. The authorities have also been told to keep inaugural ceremonies, workshops and other government functions simple.

There would also be a total ban on decoration of government offices. The government has also decided to launch a special drive to recover the revenue dues across the state.

In view of the approaching Diwali and New Year, the government has also banned publication of diaries and calendars, besides imposing a ban on costly gifts.

The government’s move has drawn accolades from the common people who feel that it would go a long way in ensuring optimum use of the public exchequer. “Though the government has announced a number of measures, it should also ensure that these should be implemented in letter and spirit and not turn into a symbolic exercise,” said OP Sharma, a retired government official.

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Cong, NCP close to pact on seat sharing
Tribune News Service

Mumbai, September 16
The Congress and the Nationalist Congress Party have come closer to a seat-sharing arrangement in Maharashtra with leaders of both outfits deciding on sharing a number of contentious seats among themselves.

The talks that began on Tuesday evening continued again this morning as both sides withdrew to consult their respective camps. The negotiations have been complicated because of the delimitation of constituencies that has reportedly upset political calculations of several heavyweights in both parties.

Though the final number of seats to be contested is still not known, it is almost certain that the Congress will contest around 174 seats, leaving 114 seats to its ally. The actual figure might be a couple of seats more or less on either side to accommodate an independent or a smaller party.

In the last assembly elections, the Congress had contested 164 seats, leaving 124 to the NCP.

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British woman alleges humiliation in Gujarat court 

Ahmedabad, September 16
A young British woman allegedly molested by a plumber last month has complained to the Gujarat High Court Chief Justice about the "humiliation" she had to undergo in the open court during hearing of the case.

The 23-year-old woman, who is here to attend a three-month internship programme with a city-based NGO, made the complaint in a letter to Chief Justice KS Radhakrishnan yesterday, a day after she was asked embarassing questions at a metropolitan court. Her name was not revealed.

In the letter, the woman alleged that Sanjay Prajapati, lawyer representing the plumber, humiliated her by asking whether she smoked or consumed alcohol, her lawyer Meena Jagtap said. The woman has since made a plea to conduct the hearing in the case in-camera, which was accepted by the court. During such a hearing, only the Judge, victim, accused and their lawyers can remain present in the courtroom.

The woman further claimed that Prajapati, during the hearing in the court of magistrate NM Gundeliya on Monday, had asked her questions in Gujarati, which she could not comprehend and that she was not provided with a translator.

Even public prosecutor JS Joshi left the court during cross examination to attend hearing in another case, she complained. Yesterday, the woman brought her own counsel, Meenal Jagtap, in the court who also acted as a translator. Meenal said some of the questions were not relevant at all.

The woman earlier filed an FIR with Satellite police station alleging that a plumber, Pragnesh Chhatrada, molested her on August 24 when he had come to her residence for shower repair. Following the complaint, Chhatrada was arrested. — PTI

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Dinakaran Case
Charges based on CPM memo: Complainants
N Ravikumar
Tribune News Service

Chennai, September 16
Senior lawyers from Tamil Nadu, based on whose complaint, an inquiry was sought by senior advocates of the Supreme Court into the “integrity” of Karnataka Chief Justice PD Dinakaran, said their charges were based on a memorandum submitted by a farmers’ union affliated to the CPM.

A senior advocate, who was one of the complainants against PD Dinakaran, declined to give a copy to this correspondent and said “I am not supposed to give it to the press, when the Chief Justice of India is looking into it.”

Adopting a cautious approach, she said Dinakaran has “allegedly amassed” wealth disproportionate to his known sources of income. She said the judge had encroached 450 acres of land at Kaverirajapuram village in Tiruvallur district, which lies near Chennai. At least one third of the land was allegedly taken away from Dalit families or encroached, she said, quickly adding that ‘these charges need to be probed.’

When pressed for further details, the senior lawyer said everything could be known from the memorandum submitted by the Tamil Nadu Vivasayigal Sangam leader K Balakrishnan to the authorities. Tamil Nadu Vivasayigal Sangam is a farmers’ union affliated to the CPM. None of the complainants against the judge wanted their names to be mentioned.

Another senior advocate and a member of the Tamil Nadu Bar Council, R Dhanapal Raj, alleged that a section of lawyers belonging to a particular party had plotted against Dinakaran. “The allegations were not raised when he became the Madras HC judge. They were not raised when he became the CJ of Karnataka HC. Does it mean that HC judges and Chief Justices can be corrupt? Suddenly, charges are being levelled against him at the time of his elevation to the Supreme Court. The only motive behind the baseless charges is to stop him from becoming an SC judge,” he opined. Some other senior lawyers, pleading anonymity, said, “The CPM in Tamil is often accused of upper-caste politics. Upper caste elements, who did not want the elevation of a judge from an oppressed community, have joined hands with the party. These charges should be probed.”

When pointed out that the lawyers, who were complaining against Dinakaran were only asking for a thorough inquiry, they said, “Inquiry is only an excuse to block his elevation.”

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India designs new reactor for thorium utilisation

Mumbai, September 16
India today announced it had designed a new version of advanced heavy water atomic reactor that would use lesser low enriched uranium along with thorium as fuel and possess next generation safety requirements.

“A new version of AHWR named Advanced Heavy Water Reactor-Low Enriched Uranium (AHWR-LEU) that uses low enriched uranium along with thorium as fuel has been designed recently,” chairman of Atomic Energy Commission Anil Kakodkar said at the International Atomic Energy Agency's general conference.

The reactor has a lower requirement of mined uranium per unit energy produced as compared to most of the current generation thermal reactors, Kakodkar said. India, which has large thorium reserves, has chalked out a nuclear power programme based on its domestic resource position of uranium and thorium. “This version can also meet the requirement of medium sized reactors in countries with small grids while meeting the requirements of next generation systems,” Kakodkar said, indicating India was ready for export of such reactors in near future. — PTI 

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