The Tribune, Chandigarh, India

	2G scam PM, FM could not have restrained Raja, CBI tells SC R Sedhuraman Legal Correspondent New Delhi, October 14 The CBI today maintained in the Supreme Court that Prime Minister Manmohan Singh and P Chidambaram as Finance Minister could not have prevented the allocation of 2G Spectrum to telecom companies after the then Telecom Minister A Raja issued the 122 letters of intent (LoIs) to them on January 10, 2008. In a fresh affidavit filed in the SC, the CBI said the telecom companies would have dragged the government to the court if it had cancelled the letters of intent as they had earned the right to get the licence embedded with Spectrum by meeting the LoI conditions. “The allottees would have taken recourse to the courts of law” if the LoIs had been revoked, it contended. The agency filed the affidavit just a day after a Bench comprising Justices GS Singhvi and HL Dattu questioned as to why the PM and the FM allowed Raja to go ahead with the allocation of Spectrum at 2001 prices despite the fact that the LoIs had not bestowed any legal right on the companies to claim Spectrum. Both the PM and the FM were fully aware that the government stood to suffer a revenue loss after Raja had issued the LoIs and this was evident from their letters objecting to the Telecom Minister’s move, the Bench had remarked. The CBI affidavit, however, did not refer to the observations of the Bench in the affidavit. It said it was responding to the PIL petitioner’s contention that the LoIs had not created any legal rights. The investigating agency said the LoIs were issued only after the companies had submitted “at short notice” their bank drafts for Rs 1,600 crore for each licence. Further, the LoIs identified the circles for which 2G services were to be rolled out and stipulated that they should fulfil certain conditions such as provision of performance bank guarantees and unequivocal undertakings. Almost all companies fulfilled the conditions the same day, while the remaining two followed suit the next day. “This being so, the statement that no rights were created for the allottees on January 10, 2008, is legally unsound. It may not be correct to state that after receiving the amount of Rs 1,600 crore for each licence, and fulfilling the other conditions in the LoIs, the licencees would still be open to cancellation. In such an event, the allottees would have taken recourse to the courts of law,” the CBI contended. The affidavit also averred that Justice Singhvi has been part of another Bench which ruled earlier this year that an LoI “can create rights.” The verdict had come in a case involving Uttar Pradesh and the Combined Chemical Company Private Limited. Curiously, the averment defending the government has come from the CBI despite the fact that it has repeatedly maintained in the SC that the agency was autonomous and functioned independent of the Centre. After one such assertion, Justice Dattu had remarked that it would be a misnomer to say that the CBI was an independent agency.
	Mirchpur convicts plead for leniency, minimum sentence R Sedhuraman Legal Correspondent New Delhi, October 14 The 15 persons convicted for their involvement in the April 21, 2010, anti-Dalit violence in Hisar’s Mirchpur village today pleaded with the trial court to show them leniency and award minimum sentence. Arguing in the court of Additional Sessions Judge Kamini Lau through their counsel Arun Rathee and BS Rana, they maintained that they deserved leniency as they had no criminal background. They also pleaded that they were young and had families to look after and would become a social outcast in the event of being sent behind bars for a long duration. Of the 15 persons, three were convicted under Section 304 relating to culpable homicide not amounting to murder. The maximum sentence under this section is 10 years of imprisonment. The others were convicted for stonepelting and rioting which attracts less punishment. Those convicted for the lesser offences pleaded that should be granted probation under the Probation of Offenders Act, 1958. In all, 97 accused had stood trial in the case after the Supreme Court had transferred the trial from Hisar to Delhi on December 8, 2010 following complaints that the surcharged atmosphere in Haryana was not conducive to holding a free and fair trial. On September 24, the trial court at Rohini here had acquitted 82 of them. Two Dalits were killed after a mob set ablaze several houses belonging to members of the Balmiki community. Following the violence, about 150 victims had fled to Delhi and taken shelter at the Balmiki Temple near Connaught Place.
	Graft case against Andhra ministers dismissed Suresh Dharur/TNS Hyderabad, October 14 In a major relief to Andhra Pradesh Home Minister P Sabita Reddy and Excise Minister M Venkataramana, the state high court today dismissed a case of corruption against them. A division Bench, headed by Chief Justice Nisar Ahmad Kakru, rejected an earlier decision of a single judge to order a CBI probe into the graft charges against the two ministers made by their own Cabinet colleague Dr P Shankar Rao. On September 27, Justice L Narasimha Reddy took suo moto cognisance of Dr Rao’s public statement in which he had made corruption charges against the duo and ordered a CBI probe into the allegations. However, the division Bench quashed the case and observed that it was not the job of the judiciary to settle disputes among ministers. “Judges have no authority to take suo moto cognisance of press clippings and order inquiries,” the division Bench observed. It would be a waste of public money and the court’s time to entertain such cases, the court commented. The court’s ruling came as a big blow to Shankar Rao who has been projecting himself as an anti-corruption crusader. He holds the handlooms and textiles portfolio in the Kiran Kumar Reddy government.
	Kashmir remarks Prashant’s own: Anna Kejriwal says Kashmir integral part of India Shiv Kumar/Vibha Sharma Tribune News Service Mumbai/New Delhi, Oct 14 Anti-corruption crusader Anna Hazare today condemned the recent remarks by senior lawyer and Team Anna member Prashant Bhushan on Kashmir. At a press conference in his village (Ralegan Siddhi), Hazare said he disagreed with Bhushan and said Kashmir is an integral part of India. “Prashant Bhushan’s view on Jammu and Kashmir is his personal opinion. We don’t agree with him on Kashmir," Hazare said. He, however, felt that Bhushan should have taken the permission of others who were part of the anti-corruption crusade before making such a sensitive statement. "We are focused on a strong Lokpal to eradicate corruption and the right to recall elected representatives," Hazare said. The activist went on to say that Team Anna would speak to Bhushan and decide whether to keep him as part of the team. Meanwhile, Team Anna said there was no question of removing Bhushan from the team. In a statement, Arvind Kejriwal said Hazare was misinterpreted and there was no question of removing Bhushan from the team. Meanwhile, Team Anna member Arvind Kejriwal also tried hard to put to rest speculations that Bhushan was being eased out of the group, something that Anna himself had indicated barely a couple of hours earlier. He said the Kashmir issue should be solved in “a democratic manner”. “Bhushan has given his personal opinion and Team Anna is not in agreement with the views,” he said, asserting that Hazare never said the Supreme Court lawyer should be removed from the core committee. “I have spoken to Anna and he said the attack was not because of Prashant’s statement on Kashmir, but some forces have come together and are conspiring to derail the issue of corruption. The government should answer this,” he said, in other words blaming the Congress-led UPA for the recent incidents of violence against Anna supporters. “It is a conspiracy by persons involved in corruption. These are well-planned, pre-planned and done to distract attention from the main issue.” Bhushan had suggested the withdrawal of AFSPA from Jammu and Kashmir, withdrawing forces from the state gradually and a United Nations-mandated plebiscite as solution to the Kashmir problem, a viewpoint that earned him physical abuse at the hands of Sri Ram Sene, a right wing group. Hazare puts off anti-Cong yatra New Delhi: Anna Hazare has put off his planned 'yatra' against Congress demanding a strong Lokpal Bill and will now wait till the end of winter session of Parliament. "Anna will not say anything now. Wait till the winter session is over. Let us see whether the Congress brings the Bill," Arvind Kejriwal, a key Team Anna member, told mediapersons here today. However, other members of the team would visit Uttar Pradesh from October 17 educating people about the need for a strong Lokpal. Prashant 'attackers' get bail New Delhi: A Delhi court on Friday granted bail to three persons, arrested for allegedly assaulting noted lawyer and anti-corruption activist Prashant Bhushan in his Supreme Court chamber here. "The accused are admitted on bail on furnishing a personal and surety bond of Rs 25,000 each. They will not visit the premises of the Supreme Court without prior permission from this court," the Metropolitan Magistrate said. Hisar campaign not right: Hegde New Delhi: Reflecting a rift within Team Anna, Justice Santosh Hegde has disapproved of the anti-Congress campaign by Arvind Kejriwal during Hisar bypoll, saying it was not the right thing to do and "we jumped the gun". Hegde also took a dig at Kejriwal for his remarks that Hazare was above Parliament, observing that such things happen when somebody talks "too much".
	Lavasa denied green nod Tribune News Service New Delhi, October 14 Holding that Lavasa has not complied with preconditions, Environment Ministry today refused to grant clearance to the first phase of its Hill City project near Pune. The ministry also said the final decision on environmental clearance to the Rs 3,000-crore project could be taken based on Maharashtra Government's "credible action" on the issue and "subject to the final orders of the Bombay High Court as the matter is sub-judice." The order came after the Bombay High Court on Friday asked the ministry to pass a final order, or else the court would begin hearing the case afresh based on merit. The order issued by the ministry said: "As the precondition on the credible action on violation of the EIA Notification, 2006, has not been complied with, the ministry is unable to issue the Environmental Clearance to the first phase of Hill City project of M/s LCL." "The final decision on the environmental clearance cannot be taken till all preconditions, including credible action by the state government, are met and subject to the final orders of the high court as the matter is sub-judice," the order added.
	Security for film festival Shiv Kumar/TNS Mumbai, October 14 The Maharashtra Government has promised to provide security for the Mumbai Film Festival where a 1967 documentary on late MF Hussain will be screened on Monday. Mumbai’s Police Commissioner Arup Patnaik has been asked to step up the security at the venue of the 13th Mumbai Film Festival. Maharashtra Home Minister RR Patil said no one would be allowed to take law into one’s hands. The Hindu Janjagruti Samiti had warned on Thursday that its members would disrupt the screening of the documentary, Through the Eyes of a Painter.
	CIC seeks constitutional status for information commissions Aditi Tandon/TNS New Delhi, October 14 Amidst a raging debate over the status of the proposed Lokpal, India’s Chief Information Commissioner (CIC) added another dimension today by demanding a constitutional status for the information commissions at the Central and state levels. He said if the Lokpal could be a constitutional body, so could the information commissions. Satyanand Mishra, the CIC argued, “The Lokpal has no constitutional basis whereas information commissions come out of Article 19. We are direct offshoots of the fundamental rights enshrined in the Constitution. As and when Lopkpal is made a constitutional body, we should get a similar status,” he told The Tribune after making the same demand before Prime Minister Manmohan Singh during the annual convention of Central Information Commission today. The CIC added that post event redressal measures - such as the Lokpal - can’t be as useful as pre-event redressal measures. “Punitive justice systems are always less efficacious. While the RTI is a pre-event measure which addresses people’s anxiety beforehand, the proposed Lokpal is a post event redressal mechanism. That’s not to say we don’t need a strong Lokpal,” he said, adding that claims about one institution being the sole solution to corruption would undermine the efforts of RTI campaigners who built a groundswell of support against corruption. Mishra also rued the lack of financial autonomy for commissions and sought an independent budget on the lines of Election Commission and the proposed Lokpal. “We have no financial autonomy and depend on government for everything. We don’t even have our own building. The DOPT announced a scheme to fund state information commissions for infrastructure but the Planning Commission didn’t favour it,” he said. The demand is pending with the Finance Ministry. Admitting that motivated applications under the RTI Act were an area of concern, Mishra said greater voluntary disclosure of information on Government websites would help. He warned against environmental hazards of seeking information and appealed to people to exercise their wisdom. “The CIC did not however agree with the concerns of public servants that RTI prevented them from expressing their views fully. “I feel these are small concerns in front of the mighty benefits of RTI,” he told TNS. Asked if the RTI Act needed changes, he said, “No law is perfect but the current law is more or less adequate”. He also said the recent Supreme Court judgment which said that giving information under the RTI Act was as important as not giving information, would help information commissioners interpret the law better.
	SC seeks ASI, govt response on report of Taj collapse R Sedhuraman Legal Correspondent New Delhi, October 14 Taking note of a media report that the marvellous Taj Mahal could collapse in two-five years, the Supreme Court today sought the response of the Archaeological Survey of India (ASI) and the Central ministries of environment and forests, culture and water resources. A Bench comprising Justices DK Jain and Anil Dave, which is hearing a PIL over the conservation of the 17th century Mughal monument at Agra, also asked the Uttar Pradesh Chief Secretary to give his views on the reported danger. The Bench has issued a series directives on the PIL for keeping the environment clean in the vicinity of Taj in order to prevent discolouration of the white marbles and corrosion of the structure due to the polluting industries in Agra. According to the recent report, which the SC has taken suo motu cognizance of, the Yamuna river bed, adjacent to the Taj, was drying up and due to this the wood-and-bamboo base on which the monument stood was becoming brittle. Moisture content was necessary for the longevity of the sal-wood foundation, the report had contended quoting experts. The SC has listed the matter for hearing on November 15.
	Panchayat member lodges police complaint against Varun Gandhi Pilibhit (UP), October 14 A police complaint was today lodged against Varun Gandhi by a panchayat member, who accused the BJP MP of manhandling him as he protested "lack of development" in the area. The incident took place in Gabia Sahrai village in the district this afternoon when Varun, the local MP, was holding a meeting there, police said. During the meeting, a panchayat member, Sanjay Biswas, engaged in a heated debate with the parliamentarian over alleged lack of development in the area. He reached the dais and started shouting slogans following which BJP workers took him away, they said. Later, Biswas lodged a complaint at Madhav Tanda police station alleging that Varun had manhandled him for raising the issue, a police official said, adding the matter was being probed. However, BJP workers have termed the incident as "politically motivated". — PTI
	All IAF helicopters in UN mission withdrawn New Delhi, October 14 Indian Air Force has withdrawn all of its Mi-17 and Mi-35 attack helicopters deployed in the UN missions in Congo and Sudan to provide support for anti-naxal and other humanitarian operations in the country. "We had our detachments operating in Congo and Sudan but based on our own requirements, the UN requirements have been taken back. All our people who were operating these Mi-17 and Mi-35 helicopters are now back with us," IAF Chief Air Chief Marshal N A K Browne said here. The IAF had deployed around 20 Mi-17s and over 10 Mi-35 helicopters in the UN operations which were providing close air support to the ground troops operating in the two trouble torn countries. The IAF had last year decided to withdraw all its aerial assets from the UN operations in view of the requirements in supporting Central Armed Police Forces (CAPF) in anti-naxal operations in Chhatisgarh and Jharkhand. — PTI
	Searches at houses of Deve Gowda’s eldest son Bangalore, October 14 Lokayukta officials today conducted searches on the premises of HD Balakrishna Gowda, eldest son of former Prime Minister H D Deve Gowda, in connection with investigations into the disproportionate assets case against him. The searches were conducted at two houses and four offices of Gowda at Padmanabhanagar and Vijaynagar areas here, Lokayukta ADGP J V Gaonkar said. "Another house was also searched in Mysore," he added. The searches comes in the wake of Lokayukta Judge NK Sudhindra Rao rapping the investigation officer on October 10 for not filing his report on disproportionate assets case against Gowda and asked him to do so without fail by October 26. Gowda is facing charges of possessing Rs 70 crore as disproportionate asset to his known sources of income when he took voluntary retirement from government service. SN Balakrishna, retired assistant manager of the state-run Visveswarayya Iron and Steel, had in his September 22 complaint charged Gowda with possessing wealth disproportionate to his known sources of income and prayed for action under the Prevention of Corruption Act. — PTI
	Indian and French troops exchange combat strategies BD Kasniyal Pithoragarh, October 14 In the first ever joint combat exercise between armies of France and India at Chaubatia in Almora’s Ranikhet area, troops exchanged methodologies to combat terror on Wednesday. Sixty troops from both armies are taking part in the 15-day joint exercise organised in the rugged Chaubatia hills. Named ‘Shakti 2011’, it is the third in the sequence of joint exercises between Indian troops and those from other countries. “This is token presence of the troops from both the countries, which will be followed by larger numbers of troops in the coming days for the exercises,” said Colonel Manjit Kalra, commanding officer of Indian troops. Indian troops are learning the methodology of tracing the mines planted in the battlefield from the French army. In turn, French troops are learning the methodology to fight terrorists from their Indian counterparts. “The joint troops are also being trained about different methods of firing in the battle field,” said the commander. According to information, 60 jawans from the 2nd Bihar Regiment of 99 Mountain Brigade from India and same number of troops of the 13th Mountain Battalion of French army are taking part in this exercise. “Keeping in mind the increasing strategic importance of South Asia in the world and close relations between China and Pakistan in the recent years, this exercise indicates the likely military collaboration between India and France,” said Lt Gen (retired) MC Bhandari.