Lucknow, November 30
Close on the heels of a suicide by senior IAS officer Harminder Raj Singh, a senior police officer Dharmendra Kumar was admitted to a private nursing home in Gorakhpur with bullet injuries on the shoulder.

Posted as additional superintendent of police in Gorakhpur, Kumar was admitted to Savitri Nursing Home after he received injuries from a bullet reportedly fired from his service revolver. Gorkahpur DIG and DM rushed to the nursing home where the officer is undergoing an emergency operation. According to ADG (Law and Order) Brij Lal, the ASP was at his residence this evening when he suffered bullet injuries.

“At the moment it can not be said with any certainty if the gun went off accidentally or if there were other reasons”, the ADG said. The ASP’s wife and his personal staff were in the house when the incident took place, the ADG added.

New Delhi, November 30
Two top-ranking Army officers could face the axe or an inglorious exit from the force after a Court of Inquiry (CoI) has found the duo guilty of allegedly favouring a private body and issuing a ‘no-objection certificate’ for construction of an educational establishment adjacent to the Army base near Siliguri.

Military Secretary Lt-Gen Avadesh Prakash, who is responsible for all senior level postings of the Army, has been found guilty in the inquiry that was completed at Kolkata last week. Deputy Army Chief-designate Lt-Gen PK Rath is the other officer who has been found guilty, revealed sources here. A decision on their future is likely this week. Sources said they could either be court-martialled or allowed an ‘honourable’ exit --- this means being on leave till retirement.

Given the way Defence Minister AK Antony had reacted when the CoI was ordered, it seems unlikely that he would allow an exit, added sources. He had made it clear that all those who are involved will be taken to task. The CoI was ordered after it was found that 33 Corps Headquarters near Darjeeling had allowed commercial use of Army land adjacent to the base. A certain distance has to be maintained from the outer perimeter of an Army base and any construction within that “barred zone” is allowed only if the Army issues an NoC. On this 70-acre chunk of land, a 300-crore unit of a Kolkata-based enterpise was to come up. The CoI found out that Lt Gen Prakash played a crucial role in the ‘deal’. The General replaced the original decision of the 33 Corps, which had decided against permitting any commercial enterprises on a piece of land outside the corps headquarters near Siliguri. A forged document was used to replace the original papers in the Army files.

Sources said the clincher was when Lt-Gen PK Rath told the CoI that his actions were at the behest of Lt-Gen Prakash. The third General, who could face the music is Lt-Gen Ramesh Halgali. He has been blamed of “administrative lapses”. He could escape with some major penalty.

Prakash is a principal staff officer (PSO), one of the seven senior Lt Generals who look after crucial functions of the Army and report directly to the Army chief.

New Delhi, November 30
China’s objection to the Jammu and Kashmir Government building a strategic road project in Ladakh is being seen by New Delhi as another example of Beijing showing assertiveness in bilateral ties with India.

External Affairs Ministry officials declined to say anything on record on the development, but Minister of State for Defence Pallam Raju said New Delhi would inquire into the matter pertaining to the work under way on the road project under the National Rural Employment Guarantee Scheme (NREGS) coming to a halt after China’s objection.

“We will inquire into the matter. But you know where the whole problem arises, in the different perception on the actual border (Line of Actual Control). That is why it has possibly been stopped,” he said.

However, this is not the first time that China has shown this new-found aggressiveness, apparently to do some hard bargaining in the ongoing border talks with India. A few days ago, the national remote sensing agency had released satellite images of a dam being built on the Chinese side of the Brahmaputra. Speculation is also on about the ULFA cadres receiving small arms and weapons from China.

During his recent visit to Washington, Prime Minister Manmohan Singh, in a statement, which was quite uncharacteristic of him, had said that India had taken note of the assertiveness of China which he even did not fully understand.

Official sources here pointed out that China had even ignored New Delhi’s objection to issuing visas on separate sheets to Indians from Jammu and Kashmir, in what was a clear attempt by Beijing to question the status of the state. Although India had declared visas issued on separate sheets as invalid, China continued to follow the same practice in case of J&K residents.

New Delhi is quite puzzled why China chose to oppose the construction of the road, especially when India had raised no such objection while the Chinese were building a road on their side close to the LAC.

Meanwhile, the BJP, terming China’s objection to the construction of the road linkas a “serious matter”, has demanded that the government should take up the issue with Beijing. It said it would raise the matter in Parliament.

“If China objects to development projects within our territory, this is a serious matter and the government should take up the issue at the highest level with the Chinese Government,” BJP spokesman Prakash Javadekar said.

New Delhi, November 30
The Special Judge for CBI Cases, Bhopal, today pronounced judgment in two fake stamp paper cases separately. Holding Abdul Karim Telgi, Shabbir Ahmed Sheikh and Sohail Khan guilty in these cases, the court imposed sentences of 10-year rigorous imprisonment (RI) on them with fine of Rs 5 lakh on each count.

The court also found them guilty under Sections 258/120-B, 259/120-B and 420/120-B of the IPC and imposed sentences of seven-year RI with fine of Rs 5 lakh on each count.

The trio was also found guilty under Section 69 of the Indian Stamp Act read with Section120-B of the IPC and imposed a sentence of six-month RI with a fine of Rs 500. The sentences will run concurrently.

These cases were registered on March 26, 2004. It was alleged in one case that Jagjeevan Yadav, working for M/s Malwa Enterprises, Indore, had allegedly supplied 200 forged stamps papers of Rs 50 denomination to the State Bank of India, Dhar, in May and July, 2000.

The payments were made to M/s Malwa Enterprises through demand draft. Jagjeevan Yadav, proprietor of the firm, was not authorised to undertake sale of stamp papers. He had also supplied forged/fake stamp papers to various institutions in Dhar district of Madhya Pradesh and caused loss to the state government and corresponding gains to himself.

In another case, it was alleged that Giriraj Prasad Bhatnagar, manager of the Bank of India, Simrol branch, was contacted by two employees of M/s Malwa Enterprises, Indore, during June, 2000, and was informed that they were working for Sohail Khan, Abdul Gafoor Mujahid, Karim and Ashfaq of M/s Malwa Enterprises.

Chandigarh, November 30
General Officer Commanding-in-Chief, Western Command, Lt Gen TK Sapru, superannuated today after 40 year of distinguished service. Commissioned into the Gorkha Rifles in 1969, he saw action on the Bangladesh front as well as the western front during the 1971 Indo-Pak war.

An alumnus of the Army war College and the National Defence College, he commanded an infantry brigade in Punjab, a division in Akhnoor and a corps in Jammu and Kashmir. He also held a prestigious appointment in Directorate of Military Operations at Army Headquarters.

He had taken over the reigns of Western Command on November 1, 2007, and brought about a sea change in operational and administrative arena of the command, besides breathing new life in civil-military relations with the governments of Punjab, Haryana and Himachal Pradesh.On the administration side, he strived for improving the quality of life, modern health care facilities, sports and education facilities for officers and other ranks.

New Delhi, November 30
As India prepares to observe another World AIDS Day tomorrow, those living with the virus are anxiously awaiting the tabling of the much-delayed HIV/AIDS bill, which guarantees them their long-elusive rights.

Going back to May 2002 when the process of drafting of the ambitious law began, the bill was finally submitted to Health Ministry in August 2006. A year later, it was sent to law ministry for clearance, which never came.

What did come was four drafts of the original bill, each one more truncated that the former, the move which today brought 72 constituents of the National Coalition for HIV/AIDS Bill together in protest. Each one of them is seeking immediate passage of the law, which provides immunity from discrimination to people living with HIV/AIDS (PLHIVs), in particular women and children who are the most vulnerable. Currently, of the 2.5 million infected Indians, one million are women.

That, however, did not keep the law ministry from removing certain key provisions of the draft bill. HIV/AIDS activists are now accusing the ministry of overstepping its mandate by disregarding the health ministry draft, which has the blessings of NACO.

Reports suggest that law ministry has deleted the provision of health ombud, which the original bill makes. The ombud was to be a quasi-judicial authority, which would hear the grievances of PLHIVs and rule within 24 hours in case of medical emergencies and in 15 days in other cases.

Even now, PLHIVs are refused treatment in medical emergencies, with Pradeep Dutta, a coalition partner today mentioning the case of an infected man, who was not taken in for piles surgery for one year until he was pushed to the verge of death. “We want an ombud at every cost,” Dutta said.

Another provision the law ministry has deleted pertains to compulsory registration of marriages and HIV related counselling at the time of wedding. “They have also done away with sexual violence protocols which the original bill had incorporated to protect women who become victims of such violence inside and outside marriage,” Sushma Setty of Action Aid today told The Tribune.

The old draft mentions a provision of protocols to ensure that victims of sexual assault (like rape) are provided immediate post-exposure prophylaxis treatment, which reduces the risk of HIV transmission if taken in 72 hours of the first exposure.

The provision, however, is in danger, with law ministry not game to include it in the bill; it has also deleted the provision that recognizes as “defacto guardians” minor child heads of families orphaned by HIV/AIDS.

“We have several families comprising only children, with a minor heading it. Such children have properties and bank accounts left behind by their parents, but they can’t use them due to lack of enabling provisions. The original HIV bill recognises such minors as guardians in special cases. The provision is a must to ensure orphaned children a dignified living,” Joe Thomas of AIDS-India said today. 

New Delhi, November 30
The Maharashtra government today assured the Supreme Court that it had taken effective steps to protect non-Marathis, particularly north Indians, from hate attacks.

The Mumbai police “took all necessary steps” for maintaining public order by arresting Raj Thackeray, besides initiating “massive preventive action” against 1,383 MNS activists, the state government said in an affidavit.

While a case was filed against Thackeray in October 2008 for making offensive and derogatory statements and creating communal and regional rift, he was arrested two days later, the government said.

The state acted quickly following the disruption of the Railways recruitment examination and the screening of a Bhojpuri film. All this created a proper atmosphere for the peaceful conduct of the Chhat Puja. Measures were in place to protect public and individual properties, it contended when a PIL came up for hearing before a Bench comprising Chief Justice KG Balakrishnan and Justice BS Chauhan.

Advocate Sugriv Dubey, appearing for the petitioner, Salek Chand, alleged the affidavit was an “eyewash” as attacks on north Indians were still continuing. The CJI, however, remarked, “Steps are being taken by the state. What else you need?”The Bench asked the petitioner to file his response to the state’s contentions and adjourned the case.

Mumbai, November 30
A special trial court today sacked Abbas Kazmi, the lawyer of Ajmal Kasab, the lone captured terrorist in the Mumbai attack, for “non-cooperation” and appointed a new advocate in his place; a move the prosecution feels would not delay the trial.Special judge ML Tahalyani ordered Kazmi’s dismissal after he refused to consider the court’s suggestion to choose the witnesses he would want to cross-examine from a list of 71.

KP Pawar was appointed Kasab’s new lawyer in place of Kazmi.

The prosecution told the court that affidavits of 340 witnesses were divided into various categories - claimants of bodies, medical officers, the injured, inquest witnesses and persons who carried the seized evidence material to the forensic laboratory.

The court asked Kazmi to consider how many witnesses would he cross-examine from the first category of 71 witnesses, who had claimed the bodies of the victims.

As Kazmi insisted on examining all 340 witnesses, the judge expressed his displeasure, saying, “Kazmi is not cooperating with the court and I gather that he is determined to consume time of the court unnecessarily and is raising such issues with a view to dragging the trial. It appears that Kazmi has developed a feeling that he is indispensable and without him the court would be helpless,” he said.

Observing that “it is high time that these feelings should be stopped so that it does not give a wrong signal to people inside and outside the court”, Judge Tahalyani asked Kazmi if he would like to withdraw from the case.

As the defence lawyer replied in the negative and asked the court to pass its order, the judge announced Kazmi’s termination.

“Kazmi is directed to hand over all documents and chargesheet to his assistant KP Pawar, who will now defend Kasab,” the court declared.

Turning to Kasab, the judge asked if he had any objection (to the removal of Kazmi), Kasab nodded in approval.

Terming the episode as very unfortunate and sudden, special public prosecutor Ujjwal Nikam said, “I never expected Kazmi to react in such a manner. Just two days back, I had advised him on his controversial utterances and he had apologised to the court, but all my efforts have gone down the drain.”

Nikam, however, felt that the sacking of Kazmi would not adversely impact the trial as Kasab’s new counsel Pawar had been assisting Kazmi in the case from day one and was well aware of the facts and evidences.

Soon after his appointment, Pawar expressed his gratitude to the court and said he would work in the interest of justice.

Kazmi, who left the court an hour after being removed, refused to speak to the media and sped off in a cab. Pawar later admitted affidavits of all 71 witnesses from the first category of witnesses and told the court he did not want to cross-examine them.The court is likely to appoint another lawyer to assist Pawar.

Kazmi is the second defence counsel in the case to have been removed after Anjali Waghmare, who had to go after it became public knowledge that she was a prosecutor in the Cama Hospital shootout case. Her continuance as Kasab’s defence lawyer, while being a prosecutor in the Cama Hospital case could have caused a clash of interest.

Kazmi was then appointed Kasab’s counsel by the court for the trial, which began in March this year. Kazmi’s termination came three days after the court showing him leniency accepted his unconditional apology for some controversial utterances and allowed him to continue. — PTI

New Delhi, November 30
China’s objection to the Jammu and Kashmir Government building a strategic road project in Ladakh is being seen by New Delhi as another example of Beijing showing assertiveness in bilateral ties with India.External Affairs Ministry officials declined to say anything on record on the development, but Minister of State for Defence Pallam Raju said New Delhi would inquire into the matter pertaining to the work under way on the road project under the National Rural Employment Guarantee Scheme (NREGS) coming to a halt after China’s objection.

“We will inquire into the matter. But you know where the whole problem arises, in the different perception on the actual border (Line of Actual Control). That is why it has possibly been stopped,” he said.

However, this is not the first time that China has shown this new-found aggressiveness, apparently to do some hard bargaining in the ongoing border talks with India. A few days ago, the national remote sensing agency had released satellite images of a dam being built on the Chinese side of the Brahmaputra. Speculation is also on about the ULFA cadres receiving small arms and weapons from China.

During his recent visit to Washington, Prime Minister Manmohan Singh, in a statement, which was quite uncharacteristic of him, had said that India had taken note of the assertiveness of China which he even did not fully understand.

Official sources here pointed out that China had even ignored New Delhi’s objection to issuing visas on separate sheets to Indians from Jammu and Kashmir, in what was a clear attempt by Beijing to question the status of the state. Although India had declared visas issued on separate sheets as invalid, China continued to follow the same practice in case of J&K residents.

New Delhi is quite puzzled why China chose to oppose the construction of the road, especially when India had raised no such objection while the Chinese were building a road on their side close to the LAC.

Mumbai, November 30
Eminent nuclear scientist Anil Kakodkar, who played a crucial role in the Indo-US civil nuclear deal, stepped down as the chairman of the Atomic Energy Commission (AEC) today.

Kakodkar gave his distinguished services to the Department of Atomic Energy (DAE) for 45 years and also served as DAE secretary on superannuation.

He played a significant role in the Indo-US and other inter-governmental civil nuclear cooperations agreements with great negotiation skills.

Easily approachable, Kakodkar holds the distinction of getting an extension as AEC chairman three times and held the post for nine years.

He is the first chairman who initiated talks about modification of the Atomic Energy Act to bring in Indian private players in the energy sector.

Son of a freedom fighter, the 66-year-old nuclear scientist always believed in self-reliance, considering import option only as an additional, and stood firm when US was trying to move away from their stand on re-processing of spent fuel from the imported reactors in 2005-06.

He was successful in getting the Nuclear Suppliers Group waiver for India to carry out nuclear commerce, integrating the country into the global nuclear market.

Although Kakodkar took over as AEC chairman in November 2000, he was holding the dual posts of chairman and BARC director till 2001. — PTI

New Delhi, November 30
Even as Chief Justice of India KG Balakrishnan today confirmed that he had asked the Centre to probe charges of corruption against Karnataka Chief Justice PD Dinakaran, the Advocates Association of Bangalore sought the CJ's transfer and the Central Vigilance Commission was approached for ordering a CBI investigation.

“The CJI told us he has requested the Centre” to investigate complaints of land grabbing and corruption against Justice Dinakaran, former Advocate General of Karnataka, R N Narasimha Murthy, told reporters after a 13-member delegation of the Association had a 45-minute meeting with the CJI.

The CJI also assured the delegation that he would look into its 12-page memorandum that has sought the CJ's transfer. In the alternative, Justice Dinakaran should be asked to stay away from conducting court proceedings, Murthy said.

Among others in the delegation were Association President KN Puttegowda, General Secretary R Rajanna and Treasurer TG Ravi -the three who have signed the memorandum.

“Unless immediate needful action is taken by the concerned it will not be possible to further restrain ourselves from intensifying the agitation which has to be avoided at all costs,” the association said in the letter.

Taking serious exception to the unprecedented manner in which the HC passed an order staying the association's boycott of the court on November 9, the memorandum said only a few lawyers were appearing before the CJ's court. “The result is that the judicial work in the Court Hall 1 is not being carried on smoothly and in a normal way and the atmosphere in the court is vitiated, as the Presiding Judge is one who is facing serious charges of misconduct.”

Justice Dinakaran, whose proposed elevation to the SC is on hold, is facing charges of encroachment of about 200 acres of land in Tamil Nadu.

According to sources, the SC Collegium, headed by the CJI, has asked the Centre to have the allegations against the CJ investigated as the Collegium did not have a mechanism of its own to conduct a proper probe. Meanwhile, senior counsel Pramila Nesargi today filed a 31-page complaint with the CVC, listing all the allegations against the Judge. “Under these circumstances, I request you to kindly issue appropriate directions to entrust the CBI to conduct investigation in this matter and take follow up action,” the complainant said.

Today’s developments come close on the heels of a resolution passed by the Bar Association of India, headed by Fali S Nariman, on Saturday, calling upon the SC Collegium to immediately drop all the moves to elevate Justice Dinakaran.

Bangalore, November 30
The authorities at the nuclear power plant at Kaiga in Uttarakannada district of Karnataka have kept the district police at an arms length as far as the investigation into the incident of radiation leak is concerned.

“They have intimated us about the leak and the precautions they have taken following the incident. But that is about it. The investigation in the incident is being carried out internally. We are not involved in it in any way”, Chandrappa Gowda, deputy commissioner of the district, told the Tribune today over phone.

The media community at the district headquarters in Karwar is highly suspicious of the plant officials’ reluctance to call the police for investigation.

Gowda said stringent guidelines of the Atomic Energy Regulatory Board (AERB) regarding safety and security of nuclear installations was preventing the Kaiga plant authorities from going to the local police.

“Once we identify the culprit, we shall hand the person over to the police”, a plant official told this correspondent over phone. The Nuclear Power Corporation of India Limited (NPCIL), which runs the plant at Kaiga, has attributed the presence of radioactive tritium in the bodies of some of the workers of the plant to contamination of drinking water.

The contamination was detected back on November 25. While NPCIL claimed that drinking water in a cooler was spiked with tritium by “an insider”, till now it has not been able to pinpoint who is behind the mischief.

“We know all those people who have access to Tritium in the plant. It won’t be long before the culprit is caught”, claimed an NPCIL official.

JP Gupta, director of the plant, while addressing a press conference at Kaiga today, said the Intelligence Bureau (IB) was also involved in investigation of the incident. 

Lucknow, November 30
Describing the opposition’s demand of a CBI probe into the suicide of senior IAS officer Harminder Raj Singh as “petty politics”, BSP state president Swami Prasad Maurya said such allegations were meant to demoralise the bureaucracy.

He was responding to SP state president Akhilesh Yadav’s description of ‘pancham taal’ (CM’s secretariat) as torture cell, while demanding a CBI probe. “The SP’s shrinking political base and telling defeat in the recently held by-elections had left their leaders sitting idle with nothing to do but indulge in useless activities,” said Maurya.

Regarding the probe into the death of the senior IAS officer, ADG (Law and Order) Brij Lal today said the matter would be considered if the family of the deceased officer lodged an FIR.

In a statement last evening, CM Mayawati had expressed profound grief over the untimely demise of Singh. In a condolence message, she described him as a soft-spoken and a very efficient and capable officer. The UP IAS Association met this evening to pay Singh a token condolence.