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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Bombay HC slams Team Anna
Mumbai, December 23
The Bombay High Court on Friday rejected a petition filed by a Mumbai-based NGO for hiring a plot of land at the Bandra-Kurla Complex at concessional rates.

Investigation autonomy will get hit, claims CBI
New Delhi, December 23
The Lokpal Bill in its present form has not gone down well with the CBI whose officials feel that the autonomy of investigation has been "seriously compromised".

Hegde bats for official Lokpal Bill
Bangalore, December 23
Former Karnataka Lokayukta Santosh Hegde today made a fervent appeal for the Lokpal Bill proposed by the government to be approved by Parliament.

Team Anna to pay Rs 7 lakh fast venue rent
Mumbai, December 23
The Bombay High Court on Friday rejected a petition filed by a Mumbai-based NGO for hiring a plot of land at the Bandra-Kurla Complex at concessional rates.



EARLIER STORIES



BJP to oppose sub-quota, Lokayukta provisos
New Delhi, December 23
The BJP will oppose the minority quota and addition of Lokayukta proviso in the Lokpal Bill when it comes up for discussion in the Lok Sabha and Rajya Sabha on December 27 and 28.

Sarabpreet and Jaswinder, two suspected terrorists of Babbar Khalsa, at a court after their arrest in New Delhi on Friday. Two BKI terrorists held
New Delhi, December 23
The Delhi police today claimed to have foiled a bid by Babbar Khalsa International (BKI) to assassinate religious leaders in Punjab and Haryana, while also targeting political figurers campaigning in the oncoming Assembly Elections in Punjab.

Sarabpreet and Jaswinder, two suspected terrorists of Babbar Khalsa, at a court after their arrest in New Delhi on Friday. Tribune photo: Mukesh Aggarwal

Woman boxer found dead in Bihar hotel room
Patna, December 23
She thought she had met her dream man. But little did junior national boxing champion Tanuja Kanyal know that eloping with her lover Rakesh Kumar, an SSB jawan from Bihar, would mean a fatal step.
India Against Corruption volunteers at a campaign for Jan Lokpal Bill in Mumbai.
India Against Corruption volunteers at a campaign for Jan Lokpal Bill in Mumbai. — PTI

Mandal debate revived: Digvijay, Ajit want Jats in OBC list
New Delhi, December 23
Even as the Department of Personnel and Training notified the new sub quota of 4.5 per cent for minority communities in the central OBC list today, Mandal politics was back on the burner with BJP and the Left taking on the Government for trying to divide and rule the country.

Army denies reports of Chinese military damaging wall
Itanagar, December 23
The Army today rejected media reports on the alleged Chinese intrusion at the Tawang sector in Arunachal Pradesh recently. A few regional TV channels had yesterday telecast footage of the Chinese army damaging a 'wall' constructed by the Army on the Indian side of the Sino-Indian border.

Storm over lone contender for Army’s top legal post
Chandigarh, December 23
With controversy shrouding the lone contender for the top slot in the Judge Advocate General’s Department (JAG), the Army’s legal wing could end up without a chief for some time.

 





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Bombay HC slams Team Anna
Shiv Kumar
Tribune News Service
A man, dressed as Santa Claus, holds a cut-out of Anna Hazare during Christmas festivities in Ahmedabad on Friday.
A man, dressed as Santa Claus, holds a cut-out of Anna Hazare during Christmas festivities in Ahmedabad on Friday. — PTI

Mumbai, December 23
The Bombay High Court on Friday rejected a petition filed by a Mumbai-based NGO for hiring a plot of land at the Bandra-Kurla Complex at concessional rates.
Jagrut Nagrik Manch, an NGO affiliated with supporters of activist Anna Hazare, had moved the Bombay High Court seeking directions to the Maharashtra government for allotting the ground owned by the Mumbai Metropolitan Region Development Authority (MMRDA) for free or at concessional rates.

The petitioners had argued that since the proposed agitation by Hazare was in public interest, the Maharashtra government should allot the grounds free of cost or at nominal rates.

As reported earlier, the MMRDA proposed charging of a sum of Rs 11,31,678 from December 26 to 30 for hiring the MMRDA grounds.

The court also rejected a prayer by supporters of Hazare that the Azad Maidan at South Mumbai be thrown open on the occasion of Hazare's three-day fast. The government had earlier cited security and other considerations for not allowing Team Anna the use of the entire Azad Maidan for the fast.

“We are afraid that such issues cannot be decided by the court. This court cannot come to the conclusion as to whether this agitation is in public interest or politically motivated,” a division bench of Justices PB Mazumdar and Mridula Bhatkar who heard the petition observed. The court also noted that the Jagrut Nagrik Manch was not a registered social organisation that would be eligible for concessional rent from the MMRDA.

“It cannot be said that the petitioners have undertaken a national event for the MMRDA to exempt them from rent for the ground,” Justice Majmudar said.

The court also hit out at Team Anna for its campaign against the government’s Lokpal Bill. “We can’t allow parallel canvassing when Parliament is seized of a debate on the Bill. You can propagate the Bill sitting at home. Till now, the Bill has not been passed. No one knows what form and what features it will have. Is public debate permissible at this stage?” the court asked.

Justice Mazumdar also asked the petitioners if the agitation wouldn't interfere in the working of parliament. The court also noted that what was Satyagraha for Team Anna would be nuisance to others.

Meanwhile, Hazare himself hit out at his supporters for moving the Bombay High Court. “The decision by my activists was not correct. They are inexperienced and have committed a mistake. But they have now learnt a lesson,” Hazare told reporters at his village in Ralegan Siddhi.

 

 

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Investigation autonomy will get hit, claims CBI

New Delhi, December 23
The Lokpal Bill in its present form has not gone down well with the CBI whose officials feel that the autonomy of investigation has been "seriously compromised".
Voicing their reservations over the nature of the anti-corruption bill introduced in the Lok Sabha yesterday, the officials also said the demand for greater autonomy to the central investigating agency which was the focal point of Lokpal agitation has not yielded the desired results They are of the view that as per the provisions of the present Bill the CBI instead of gaining functional autonomy would now be required to report to an additional authority.

"This multiplicity of reporting would be a grave impediment in effective and efficient discharge of duties by CBI. This multiplicity of supervision can be taken care of only by providing more financial, administrative and legal autonomy to CBI. The Lokpal alone should exercise general superintendence in cases referred by them," a senior official, who did not want to be named, said. — PTI

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Hegde bats for official Lokpal Bill
Shubhadeep Choudhury
Tribune News Service

Bangalore, December 23
Former Karnataka Lokayukta Santosh Hegde today made a fervent appeal for the Lokpal Bill proposed by the government to be approved by Parliament. Talking to TNS over phone from Mangalore, Hegde, who was a member of the committee that drafted the Jan Lokpal Bill mooted by civil society organisations under Anna Hazare’s leadership, said he had no problem with the relationship between the Lokpal, the CBI and the CVC as proposed in the Bill tabled in Parliament.

Hegde, who, as Karnataka Lokayukta, earned laurels for the crucial role played by him against corruption by government functionaries including the then Chief Minister BS Yeddyurappa, said he was against creating obstacles in the path of passage of the Bill on the issue of Lokpal’s relationship with CBI and CVC.

“The Bill proposed by the government is only 50 per cent similar to the Bill drafted by us. I still want the Bill to be passed. The alleged flaws in the Bill, if found to be creating hindrances in the work of Lokpal, can be corrected later,” Hegde, who had accompanied Hazare when the Gandhian addressed a public meeting in Bangalore on Sunday, said.

“For 44 years, we did not have a Lokpal. Let us have a Lokpal first,” Hegde said.

He however added that he would like to see a change in the method followed for appointment of the CBI director.

“The CBI director should be appointed by a panel of five people consisting of the Prime Minister, the Leader of the Opposition, the CJI and two other eminent persons having an impeccable record of integrity,” he said.

On Anna Hazare’s proposed move of holding “jail bharo” agitation outside the residence of Sonia Gandhi, Hegde said, “I am a former judge of the Supreme Court. You could well imagine what my views would be on such things.”

Hegde also said that he was against introduction of the policy of reservation in the appointment of Lokpals. “The appointments should be merit-based without any consideration of caste, creed or religion,” Hegde said.

Citing the model followed for appointment of members of higher judiciary, he said while it was not necessary to introduce quota system in the appointment of Lokpals, due attention should be paid to competent members of minority communities and weaker sections and a balance should be maintained in the appointment of Lokpals.

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Team Anna to pay Rs 7 lakh fast venue rent
Shiv Kumar
Tribune News Service

Mumbai, December 23
The Bombay High Court on Friday rejected a petition filed by a Mumbai-based NGO for hiring a plot of land at the Bandra-Kurla Complex at concessional rates.Jagrut Nagrik Manch, an NGO affiliated with supporters of activist Anna Hazare, had moved the Bombay High Court seeking directions to the Maharashtra government for allotting the ground owned by the Mumbai Metropolitan Region Development Authority (MMRDA) for free or at concessional rates.

The petitioners had argued that since the proposed agitation by Hazare was in public interest, the Maharashtra government should allot the grounds free of cost or at nominal rates. As reported earlier, the MMRDA proposed charging of a sum of Rs 11,31,678 from December 26 to 30 for hiring the MMRDA grounds.

The court also rejected a prayer by supporters of Hazare that the Azad Maidan at South Mumbai be thrown open on the occasion of Hazare's three-day fast. The government had earlier cited security and other considerations for not allowing Team Anna the use of the entire Azad Maidan for the fast.

“We are afraid that such issues cannot be decided by the court. This court cannot come to the conclusion as to whether this agitation is in public interest or politically motivated,” a division bench of Justices PB Majmudar and Mridula Bhatkar who heard the petition observed. The court also noted that the Jagrut Nagrik Manch was not a registered social organisation that would be eligible for concessional rent from the MMRDA. 

“It cannot be said that the petitioners have undertaken a national event for the MMRDA to exempt them from rent for the ground,” Justice Majmudar said. The court also hit out at Team Anna for its campaign against the government’s Lokpal Bill. “We can’t allow parallel canvassing when Parliament is seized with debate on the Bill. You can propagate the Bill sitting at home. Till now, the Bill has not been passed. No one knows what form and what features it will have. Is public debate permissible at this stage?” the court asked. 

Justice Mazumdar also asked the petitioners if the agitation wouldn't interfere in the working of parliament. The court also noted that what was Satyagraha for Team Anna would be nuisance to others. Meanwhile, the petitioner's advocate Mahendra Ghelani told the court that a fresh application for the use of the grounds would be filed through a registered organisation.

The court asked the petitioner to go ahead and said the MMRDA will consider the request on merit. Meanwhile, Hazare himself hit out at his supporters for moving the Bombay High Court. “The decision by my activists was not correct. They are inexperienced and have committed a mistake. But they have now learnt a lesson,” Hazare told reporters at his village in Ralegan Siddhi.

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BJP to oppose sub-quota, Lokayukta provisos
Faraz Ahmad/TNS

New Delhi, December 23
The BJP will oppose the minority quota and addition of Lokayukta proviso in the Lokpal Bill when it comes up for discussion in the Lok Sabha and Rajya Sabha on December 27 and 28.

The party discussed the Bill at its core group meeting today that was presided over by president Nitin Gadkari, parliamentary party chairman LK Advani, Opposition leaders in the Lok Sabha and Rajya Sabha — Sushma Swaraj and Arun Jaitely — and BJP general secretary Ananth Kumar.

Articulating his party’s reservations and apprehensions Ananth Kumar said, “The BJP doesn’t want a sarkari Lokpal Bill. We want an effective one,” adding that it was unfortunate that the Bill was “full of infirmities, both legal and constitutional”. It also infringes on the federal structure of the country, he said.

Another BJP leader hinted at his party’s plans of trying to block the Bill. “The BJP will take necessary steps on December 27, 28 and 29 during the Parliament session to take to a logical conclusion the objections that the party raised at the time of the Bill’s introduction.”

But in effect, the last-minute government decision to retain minority quota in the Lokpal Bill has caused considerable discomfiture in BJP circles as the party has been isolated on this issue in Parliament. 

Its sole Hindutva ally, the Shiv Sena, is currently leading the charge against Lokpal Bill per se. In effect, it is standing along with the likes of Lalu Prasad, Mulayam Singh Yadav and Mayawati, who are openly opposed to the Bill.

However, except for the Shiv Sena and BJP, all other parties including prominent NDA allies JD-U and Shiromani Akali Dal (SAD) are likely to break ranks with the BJP on the minority question.

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Two BKI terrorists held
Shaurya Karanbir Gurung
Tribune News Service

New Delhi, December 23
The Delhi police today claimed to have foiled a bid by Babbar Khalsa International (BKI) to assassinate religious leaders in Punjab and Haryana, while also targeting political figurers campaigning in the oncoming Assembly Elections in Punjab.

The claim followed the arrest of two BKI operatives, Sarabpreet Singh alias Prince (30) and Jaswinder Singh, with alleged links with Pakistan’s ISI. They were awaiting a consignment of arms and ammunition from Pakistan, the police claimed.

Deputy Commissioner of Police (Crime and Railways) Ashok Chand claimed that religious leaders - Baba Ram Rahim from Sirsa, Baba Pyare Singh from Ropar and Baba Ashutosh from Ludhiana were their targets. The DCP, however, refused to disclose names of politicians on their hit list.

Jaswinder was arrested from Ropar in Punjab where he was recruiting youths to revive insurgency in Punjab and Delhi. Sarabpreet was arrested from Shalimar Bagh in Delhi, where he set up his base in a rented accommodation.

Based on intelligence inputs from Punjab Police and other agencies, Delhi Police learnt that Sarabpreet Singh (30) was in contact with the organisation’s chief, Wadhwa Singh who is based in Pakistan.

The DCP said that on December 22, the police learnt that Sarabpreet was using a Ford Ikon car and would arrive at the Singhal Pura market in Shalimar Bagh. He tried escaping when he spotted the police. However, his vehicle was intercepted and he was apprehended.

According to the police, a pistol with two magazines and 15 live cartridges were seized from Sarabpreet. The police also confiscated five mobile phones, two PAN cards, one laptop, two pen-drives and three driver’s licences made in Punjab, Delhi and Uttar Pradesh.

During the police interrogation, Sarabpreet revealed that his associate, Jaswinder stays at Anandpur Sahib, Ropar in Punjab. Delhi and Punjab police teams raided his hideout in Ropar and apprehended Jaswinder there. The police seized a pistol with four magazines and 30 live cartridges from there.

When the police further interrogated Sarabpreet, he revealed that he is a school dropout. In 2009 he was involved in a case of drug-trafficking in Patiala, Punjab. Since then he has been absconding.

“In 2001 he became acquainted with Kulbir Singh, who stayed at Nawashahar in Punjab. Kulbir is a BKI operative who fled India and reached Hong Kong. Sarabpreet met him in Hong Kong in March 2010. Under the influence of Kulbir he became an operative of the BKI.

Kulbir promised to provide financial support with a collection of explosives, assault rifles, pistols and rocket-launchers. Two trainers were also to be provided for imparting training to new recruits in handling and assembling weapons, said the DCP. 

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Woman boxer found dead in Bihar hotel room
Sanjay Singh/TNS

Patna, December 23
She thought she had met her dream man. But little did junior national boxing champion Tanuja Kanyal know that eloping with her lover Rakesh Kumar, an SSB jawan from Bihar, would mean a fatal step.

Tanuja’s body was found hanging from the roof of a hotel room in Hajipur, near Patna on December 19, almost a month after she had left her village in Uttarakhand. Rakesh and Tanuja had checked into the hotel posing as husband and wife.

The police ascertained Tanuja’s identity from papers and certificates recovered from the hotel room. The documents revealed that Tanuja had won the junior national women boxing championship held in Dehradun in 2011.

Preliminary probe reveals that the girl was strangled and she had put some resistance.

Rakesh’s identity was ascertained from the identity proof he gave at the hotel reception.

The police found out that he was a native of Shivnar village in Patna and was posted with the 11th battalion of SSB at Pithoragarh (Uttarakhand).

The police probe further revealed that Rakesh was on a leave since November 15 and was supposed to report to his duty officer by December 7. But he never turned up.

Tanuja’s father, Bhupal Singh Kanyal, said his daughter was missing since November 15 and he had reported the matter to the police.

When a police team went to Rakesh’s village, it came to know that the jawan is married and has two wives. His first wife, who has two children from the marriage, lives in Deoghar (Jharkhand) and his second wife hailed from Bhopal.

Rakesh had reportedly lured her into marriage while he was posted in Madhya Pradesh. He even has a child from her.

“It seems Tanuja was completely ignorant of the fact that the man was a cheat and had two wives. Otherwise, she would have not eloped with him,” said a police official.

Rakesh is yet to be traced.

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Mandal debate revived: Digvijay, Ajit want Jats in OBC list
Aditi Tandon
Tribune News Service

New Delhi, December 23
Even as the Department of Personnel and Training notified the new sub quota of 4.5 per cent for minority communities in the central OBC list today, Mandal politics was back on the burner with BJP and the Left taking on the Government for trying to divide and rule the country.

On the other hand, with an eye on Uttar Pradesh elections, Civil Aviation Minister Ajit Singh and AICC general secretary Digvijay Singh sought from the Government the inclusion of Jats in the Central list for OBCs.

Both met Home Minister P Chidambaram to press for the demand, saying if Jats could be OBCs in UP, Uttarakhand, Rajasthan and Maharashtra, what was the problem in including them in the Central OBC list.

It may be mentioned here that the Ministry of Social Justice through the National Commission for Backward Classes determines through a laid down criteria of social and educational backwardness whether a community is an OBC.

The BJP for its part said today that the UPA’s move of creating a sub quota would lead to a civil war in the country. BJP Vice President Mukhtar Abbas Naqvi said that the decision is a “dangerous political game of the Congress and would “lead to a civil war between various communities”.

The Left for its part slammed the move as a political gimmick meant to garner political gains in election-bound UP.

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Army denies reports of Chinese military damaging wall

Itanagar, December 23 
The Army today rejected media reports on the alleged Chinese intrusion at the Tawang sector in Arunachal Pradesh recently. A few regional TV channels had yesterday telecast footage of the Chinese army damaging a 'wall' constructed by the Army on the Indian side of the Sino-Indian border.

Brigadier Sudhakarjee of Army’s 190 Mountain Brigade said there had been no such incident reported at the international border in Tawang district. The Brigadier’s clarification came in the wake of the reported telecast of footage TV channels on the Chinese intrusion to have happened at the Tawang sector, during a meeting he had with Tawang Deputy Commissioner Kemo Lollen at his office, official sources said.

He said the information about the Chinese intrusion was nothing but a rumour. The DC, who convened the emergency meeting, while expressing his concern on the rumour, assured the Brigadier that he would inform the people of Tawang, in particular, and Arunachal Pradesh that the news footage aired on some TV channels was false.

He said such "unfounded" news items may create panic and apprehension in the minds of the people. Meanwhile, GOC, 4 Corp, Lt Gen Shakti Gurung, during a meeting with Chief Minister Nabam Tuki yesterday said everything was normal along the borders. Tuki, during the meeting, had expressed concern over the report of the Chinese troops damaging a 'wall' constructed by the Army in the Tawang area. — PTI

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Storm over lone contender for Army’s top legal post
Vijay Mohan/TNS

Chandigarh, December 23
With controversy shrouding the lone contender for the top slot in the Judge Advocate General’s Department (JAG), the Army’s legal wing could end up without a chief for some time.

The Armed Forces Tribunal has stayed the promotion of Brig PS Rathore, senior-most brigadier in the department, to the rank of major general following a petition alleging that he had earlier been indicted by a court of inquiry (COI) for administrative irregularities and harassment.

Brigadier Rathore is presently posted as the Deputy Judge Advocate General of the South Western Command. The Special Selection Board considered him for promotion in October, results of which were expected to be declassified this month.

If promoted, Brig Rathore would have been tipped to take over as the Judge Advocate General from present incumbent Maj Gen BV Nair, who superannuates on January 31, 2012. Sources said that Brig Rathore is the only officer in the reckoning for the department’s top post. He is of 1979 seniority and the next batch of 1980 would have four brigadiers in the race for the JAG’s post.

Directing the Defence Ministry and Army Headquarters not to take any final decision in respect of the promotion of Brig Rathore, the Tribunal’s bench comprising Justice SK Gupta and Lt Gen KPD Samanta said on December 19 that this interim order would continue for six weeks with liberty to either party to seek extension or modification of the order. February 7, 2012 has been fixed as the next date of hearing.

In his petition, Lt Col Mukul Dev, then posted at Headquarters Central Command, alleged that though a COI had held two brigadiers, including Rathore and four others, blameworthy in a case pertaining to his arbitrary and illegal transfer to a non-legal, administrative post. He contended that his “illegal” transfer was aimed to harass him and harm his career prospects. While four junior officers were punished, no action was taken against the two brigadiers, he added.

He claimed that he was moved out from the JAG Department at Command Headquarters and posted to the branch dealing with land matters, even though he was then on the mandatory “Adequately Exercise” tenure after being transferred to the JAG Branch. He alleged that the transfer orders were issued by the then Brig UK Chopra (Personnel and Administration) at the behest of Brig Rathore.

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BRIEFLY

Sikh groups for quick passage of Anand Marriage Bill
New Delhi
: Sikh groups, cutting across political lines, have demanded that the Anand Marriage Bill be passed by Parliament immediately as all hurdles in its way have been cleared.
It had been reported in The Tribune on Thursday how the Home Ministry had agreed to the provisions of the Bill and how it could be tabled in this session of Parliament. Yesterday, the Union Cabinet could not reportedly discuss this issue. — TNS

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