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H A R Y A N A   E D I T I O N

Merger of parties by two-third MLAs
Provision can hurt major parties: Bishnoi to SC

Kuldeep Bishnoi New Delhi, February 29
The Constitutional provision for allowing merger of any political party by two-third MLAs or MPs could prove to be disastrous even for major parties, HJC chief Kuldeep Bishnoi contended in the Supreme Court today.
Kuldeep Bishnoi

CM’s ambivalence led to stir: Bishnoi
Sirsa, February 29
The Haryana Janhit Congress supremo and Hisar MP Kuldeep Bishnoi today held Chief Minister Bhupinder Singh Hooda’s “ambivalent” stand on reservation responsible for the Jat agitation in Haryana.

Yadav flays Jats' demand
Chandigarh, February 29
What the communities already categorised as “other backward classes (OBCs)” feel about the demand of the Jats for inclusion in this category so that they can avail the benefit of reservation in government jobs, has been given voice by a person no less than a Haryana Minister.

jat agitation — part ii
Jat sabha kept alive quota issue in state, power divided leaders
Chandigarh, February 29
If Uttar Pradesh kindled the reservation fire through frequent rallies and meetings, Haryana kept it alive through the Jat sabha which actively propagated the cause. As the “struggle for justice” unfolded and gathered steam in the hinterland, the growing power of the leaders gradually divided them, forcing the khaps to step in.



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Chandigarh


EARLIER STORIES



STATE OF HARYANA’S FINANCES — PART IV
FM has an uphill task in cutting revenue gap
Chandigarh, February 29
As the Finance Minister HS Chatha gets ready to present his maiden budget before the Assembly on March 5, he faces a daunting task ahead. Unable to meet the roadmap set by the 13th Finance Commission on bringing down the revenue deficit and becoming a revenue-surplus state by March this year, his main focus will be on bringing fiscal prudence and becoming a surplus state by March 2013.

Non-compliance of HC directions
Gurgaon Police Commissioner in dock
Chandigarh, February 29
Miffed over the Gurgaon Police Commissioner’s failure to appear before the Punjab and Haryana High Court in a dowry death case, Justice Ranjit Singh today warned him of contempt proceedings after ruling his action was a display of “defiance”.

Death due to medical ‘negligence’
Panel comes to docs’ rescue
Chandigarh, February 29
The National Consumer Disputes Redressal Commission has come to the rescue of three Yamunanagar-based doctors in an alleged case of medical negligence leading to the death of a woman patient in 2003.

fatal punishment
NHRC notice to state govt
New Delhi, February 29
The National Human Rights Commission has issued notices to Superintendent of Police, Karnal, and Principal Secretary, Education Department, Haryana, taking suo motu cognisance of a media report alleging that a child died of shock after having been locked up in his school in Kamela, Gharonda subdivision, in the state.

Call for khap meetings today
Hisar, February 29
The Jat leaders spearheading the pro-reservation agitation at Ramayan village of the district have called a meeting of all khap leaders, excluding those from Rohtak district, tomorrow at Hansi near here to decide their future course of action.

104 Sirsa girl students donate blood
Sirsa, February 29
As many as 104 girl students of the Mata Harki Devi College for Women at Odhan in Sirsa donated blood during a ‘Raktdaan Utsav’ organised in the college. Over 500 girls had volunteered to donate blood, but only 104 of them were found fit for blood donation after testing hemoglobin levels in their blood samples.

Intoxicants seized from Ratia chemist
Fatehabad, February 29
The Food and Drug Administration (FDA) has seized huge quantities of intoxicants from a chemist at Ratia town today. Adarsh Goyal, Senior Drug Control Officer, Fatehabad, and Rajnish Dhaliwal, Drug Control Officer, who inspected Shiva Medical Hall in Ratia town today, recovered 18 types of intoxicating drugs from shop’s premises.

Man gets 7-yr jail for bid on wife’s life
Rewari, February 29
Additional District and Sessions Judge JR Chauhan has sentenced Samay Singh to rigorous imprisonment for seven years, holding him guilty of making a bid on his wife Poonam’s life in May, 2010, for her failure to fetch him Rs 2 lakh from her parents by way of dowry.

Two held for student’s murder
Hisar, February 29
The police today arrested two youths identified as Kalyan Singh and Raj Kumar in connection with the murder of an engineering student Pradeep Jangra here on Monday. The accused have been arrested from Siswala village. A revolver, some cartridges and a motorcycle have been recovered from them.

2 held for extortion
Sonepat, February 29
The police has arrested two youths identified as Naveen and Raman of the Gian Nagar, who were allegedly involved in demanding extortion money of Rs 5 lakh from a shopkeeper on Tuesday. Shiv Kumar of Ghaziabad, owner of a cloth showroom at the Gohana Road, received a call on his mobile on Tuesday evening.





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Merger of parties by two-third MLAs
Provision can hurt major parties: Bishnoi to SC
R Sedhuraman
Legal Correspondent

New Delhi, February 29
The Constitutional provision for allowing merger of any political party by two-third MLAs or MPs could prove to be disastrous even for major parties, HJC chief Kuldeep Bishnoi contended in the Supreme Court today.

Arguing before a Bench comprising Justices Altamas Kabir and Jasti Chelameswar, Bishnoi’s senior counsel, Nidhesh Gupta, said quite often people vote out governments, leaving the ruling parties with only a few representatives in the House.

When a ruling party was reduced to an entity with only a few members in the House, it would be absurd to allow two-third of its members to have the final say on the issue of merger, he argued.

“Can a major party, which once ruled the state, be merged with another by a handful of MLAs” who survived an anti-incumbency wave by sheer chance, he asked. He was making the hypothetical argument despite the fact that the HJC had contested the poll for the first time in the last Assembly election, winning six seats.

Citing several SC verdicts, he said whenever MLAs leave a party as had happened in the HJC, they should vacate their seats they had won on the basis of the party’s policies and programmes and seek a fresh mandate from the people.

The five MLAs of HJC who claimed to have merged the HJC with the Congress had in fact deserted the HJC, he said.

Speaker Kuldeep Sharma had mala fide intentions to delay resolving the merger issue in order to help two of the MLAs continue as ministers and another as Parliamentary Secretary. The three could hold such posts only if they continued to be members of the House, senior counsel Gupta pointed out.

Since no one could be a minister for more than six months without being an MLA, such disputes should be decided within six months and in any case should not be allowed to linger till the term of the House came to an end, Gupta reasoned.

The Speaker was delaying the case despite giving an assurance to the Punjab and Haryana High Court that he would decide it in a time-bound manner. Equating his case with the recent development in Karnataka that had created a political crisis for the then Chief Minister BS Yeddyurappa, he said while the Karnataka Speaker was in a tearing hurry to help the ruling BJP by giving only three days to the rebel BJP MLAs to give their replies, his Haryana counterpart was in a “cold slumber” to help the ruling Congress.

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CM’s ambivalence led to stir: Bishnoi
Sushil Manav/TNS

Sirsa, February 29
The Haryana Janhit Congress supremo and Hisar MP Kuldeep Bishnoi today held Chief Minister Bhupinder Singh Hooda’s “ambivalent” stand on reservation responsible for the Jat agitation in Haryana.

Bishnoi alleged that Hooda adopted a dilly-dallying attitude on the issue rather than making his government’s stand clear to the Jat leaders at the outset.

Bishnoi appealed to Jat leaders not to resort to disruptive activities like paralysing rail services and said they should adopt peaceful means for furtherance of their agitation.

The HJC, he said, believed in reservation to the backward classes based on their economic, social and educational status and not due to their caste.

Welcoming the Supreme Court decision on linking of rivers, Bishnoi said former Prime Minister Atal Bihari Vajpayee had first suggested this move and his government had in fact taken some steps in this direction.

The move would also solve the issue of SYL canal that has been denying waters to Haryana farmers for decades.

Castigating the government for its fiasco on the Special Economic Zones, the HJC supremo alleged that Hooda showed dreams of 10 lakh jobs and investments of Rs 1,000 lakh crore to people while starting his “ambitious projects”, but now it has been proved that all those promises were hollow. Later, talking to mediapersons at Fatehabad, Bishnoi opposed the government’s move to set up a nuclear power plant at Gorakhpur in Fatehabad.

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Yadav flays Jats' demand
Yoginder Gupta/TNS

Chandigarh, February 29
What the communities already categorised as “other backward classes (OBCs)” feel about the demand of the Jats for inclusion in this category so that they can avail the benefit of reservation in government jobs, has been given voice by a person no less than a Haryana Minister.

Power Minister Ajay Singh Yadav said here today that there was no justification for reservation in jobs under the state government for the Jats. He clarified that he was not expressing his opposition to the demand of the Jats as a minister but he was doing so as a leader of an OBC community.

Yadav said the Jats were the dominating community in Haryana. Hence, they had a fairly good representation in the state services. However, he said, the Jats had a case for reservation in the Central services, but not in the state services.

He said the demand of the Jats for reservation in the state government services in Haryana was as unjustified as the Muslims of Jammu and Kashmir making such a demand in that state.

Yadav said if the Jats were to be given reservation in the state services, it should be on the basis of economic backwardness, which should be applicable to all communities, irrespective of whether or not they were in the OBC category.

He said certain percentage of jobs could be reserved for members of economically weaker sections of all communities. The Jats could also be included in this category.

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jat agitation — part ii
Jat sabha kept alive quota issue in state, power divided leaders
Geetanjali Gayatri/TNS

Chandigarh, February 29
If Uttar Pradesh kindled the reservation fire through frequent rallies and meetings, Haryana kept it alive through the Jat sabha which actively propagated the cause. As the “struggle for justice” unfolded and gathered steam in the hinterland, the growing power of the leaders gradually divided them, forcing the khaps to step in.

While the Jat Sabha, on its part, went about holding peaceful rallies to garner support and educate the community about its rights, the Jats reiterated their demand for reservation at a rally in November 2007 in Muzafarnagar in UP.

They followed this up with another big rally before the parliamentary elections in 2009. “At that rally in Meerut, we declared our intention to follow the path of agitation. However, leaders across party lines assured members of our community to pursue our cause. Elections over, they conveniently forgot their promises. That’s when we decided to form the All-India Jat Arakshan Sangharsh Samiti,” Jat leader Yashpal Malik adds.

Meanwhile, in 2010, the NCBC further stoked the reservation fire when, while the Jats were protesting for the OBC status, it sent out a letter saying that their appeal for inclusion in the OBC category had been turned down in 1997, making their protests even more vocal.

It was in February 2010, when, after a lathi-charge on protesting activists at the Ramlila ground in Delhi, that the Centre began parleys with Jat leaders and the reservation issue finally pole-vaulted into prominence.

The protest in Mayyar, in Haryana, which has a 30 per cent Jat population according to rough estimates, turned violent and a youth died in police fire, sending the protesters on a rampage. This death added fuel to fire and the Jat protestors went about disrupting rail and road traffic, for which they were later booked, before buying 100000-odd tickets to disrupt the Commonwealth Games.

When nothing moved even after the Games were over, the Jats decided they had had enough and needed a show of strength.

Thus began the “Jat Balidaan” rallies which snowballed into a 21-day long agitation. All through, Haryana was the hub of the struggle and most of the action.

To buy peace, the Bhupinder Singh Hooda-led state government, after various rounds of failed talks, finally brokered peace. “They agreed to set up a Backward Classes Commission to look into our demand, implement it in the state and forward recommendations to the Centre. The Chief Minister has, in separate letters, already recommended our cause,” says Hawa Singh Sanghwan, the Haryana in charge of the samiti at that time.

Meanwhile, Malik and Sangwan announced separate agitations and while Malik went right ahead to begin protests, Sangwan, seen as having leanings towards the government, has been pushing forward the protest, maintaining that the Commission is actively working on their demand and the government, too, is favorably inclined to their demands.

The Jats, having come this far, are in no mood to take things lying down anymore. They want to know when the commission is likely to submit its report because they can’t be “on the job” endlessly. The committee wants to hasten so that while the OBC status in the state becomes a reality for Jats, their case can be pushed at the Centre too.

(Concluded)

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STATE OF HARYANA’S FINANCES — PART IV
FM has an uphill task in cutting revenue gap
Ruchika M Khanna/TNS

Chandigarh, February 29
As the Finance Minister HS Chatha gets ready to present his maiden budget before the Assembly on March 5, he faces a daunting task ahead. Unable to meet the roadmap set by the 13th Finance Commission on bringing down the revenue deficit and becoming a revenue-surplus state by March this year, his main focus will be on bringing fiscal prudence and becoming a surplus state by March 2013.

With the state’s plan outlay expected to touch Rs 24,000 crore this year, Haryana is likely to present a budget with estimated budgetary expenditure of over Rs 44,000 crore. Though the Planning Commission is yet to approve the annual plan, it is estimated at over Rs 24,000 crore (including the plan outlay of centrally sponsored schemes) for the coming financial year. The focus will be on agriculture, with an outlay being made for agriculture research and on improving the infrastructure in the national capital region.

Official sources also informed The Tribune that during the current fiscal, Haryana will repay its debt of Rs 6,600 crore besides an interest repayment of over Rs 4,300 crore. But other than relying on a hike in VAT collections and excise collections (which are now reaching their peak), the government is unlikely to have additional avenues for mopping up its revenue. But here are a few tips that three former Finance Ministers of Haryana have for Chatha as he gives final shape to the budget proposals for 2012-13.

While recommending that the government does not stop on welfare schemes (subsidy and social security pensions), all three recommended that the state devise means to mop up additional revenue.

Prof Sampat Singh (served as Finance Minister between 2000- 2005): The recommendations of the Sixth Pay Commission drove Haryana from being a revenue-surplus state to a revenue-deficit state.

While working on increasing its revenue, the state will have to bring some financial discipline in the working of the four power corporations, as power sector continues to drain the state’s resources. Merger of the two power distribution companies could be a good option to curtail rising revenue expenditure of these corporations.

Birender Singh (served as Finance Minister between 2005-2009): Imposing of fresh taxes might not be a good option as they will bring only a symbolic jump in the revenue receipts. The focus should be on higher tax realisation especially in VAT. By plugging the loopholes in collection and doing away with inefficiencies, the government can actually ensure a 25-40 per cent hike in VAT collections on a year-on-year basis. There is need to ensure better fiscal prudence by containing wasteful expenditure. Capt Ajay Yadav (served as Finance Minister between 2009 -2011): The road ahead for Haryana to become a revenue-surplus state envisages that the revenue receipts be increased through better tax realisation. As a welfare state, we have to initiate welfare schemes like providing power to agriculture at subsidised rates and giving social security pensions. But concerted efforts need to be made to improve tax realisation and ensure that pending dues from all consumers are collected.

(Concluded)

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Non-compliance of HC directions
Gurgaon Police Commissioner in dock
Saurabh Malik/TNS

Chandigarh, February 29
Miffed over the Gurgaon Police Commissioner’s failure to appear before the Punjab and Haryana High Court in a dowry death case, Justice Ranjit Singh today warned him of contempt proceedings after ruling his action was a display of “defiance”.

The assertion came this noon on a petition filed by Jeet Singh and his wife, Dhanpati. Booked under Section 304-B and 120-B of the IPC on May 26, 2011, the duo is currently lodged in a district jail. They are seeking regular bail in the case.

Justice Ranjit Singh asserted: “Instead of the Police Commissioner, who was directed to remain present, along with investigating officer Abhey Singh Rao, Deputy Commissioner (west) has come present. Once the direction was issued for appearance of a particular officer, he is either to seek exemption in the case if he has some difficulty. This shows defiance on the part of the Commissioner, who was directed to remain present. Let the Commissioner remain present to avoid a notice of contempt.”

The high court on February 17 had asked the Commissioner to appear in person before the court today following the failure of the police to assist the state counsel in the matter. Justice Ranjit Singh had observed: “During the course of arguments, it transpires that the person, who has come to assist the state counsel, is a head constable; and has not even brought a relevant file. A serious case is alleged against the petitioner and the state counsel is not in a position to have access to the course of investigation.”

He added: “It is totally an undesirable situation. The decision in the cases cannot be held up for the lack of assistance on the part of the investigating officers. The Commissioner shall remain present along with the investigating officer.” The Commissioner would also come prepared to answer as to what action is proposed against the IO or the person who has not sent the relevant file to this court.

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Death due to medical ‘negligence’
Panel comes to docs’ rescue
Pradeep Sharma/TNS

Chandigarh, February 29
The National Consumer Disputes Redressal Commission has come to the rescue of three Yamunanagar-based doctors in an alleged case of medical negligence leading to the death of a woman patient in 2003.

In their order, Justice Ashok Bhan and Vineeta Rai, president and member, respectively, of the commission, said “in the absence of any evidence to prove negligence according to the principles of medical jurisprudence laid down by the apex court, they were unable to uphold the orders of the state commission, which had ruled that doctors were guilty of medical negligence.”

The Haryana State Consumer Redressal Commision had upheld the orders of the District Consumer Redressal Forum holding Dr Raj Kumar Garg, Dr PK Garg and Dr Harsh Sharma responsible for medical negligence resulting in the death of a patient, Pushpa Rani, and awarding a compensation of Rs 9.25 lakh to the patient’s husband, Chander Prakash Sharma.

On June 1, 2003, Pushpa Rani was admitted to a private hospital at Yamunanagar run by Dr Raj Kumar Garg for acute abdominal pain for which she was operated upon twice on June 2 and June 13, 2003. However, after the operations, her condition worsened and she was referred to Government Medical College and Hospital, Sector 32, Chandigarh, where she died of septicemia and renal failure on June 23, 2003.

In his petition before the district forum, the patient’s husband had alleged medical negligence, particularly during the second operation “to cover the mistakes of the first operation”. The doctors, however, claimed that the suppression of the fact that the patient was suffering from ischaemic heart disease (IHD) led to complications which ultimately resulted in her death.

The national commission also ruled that the respondent (patient’s husband) failed to produce any medical evidence, including that of a medical expert, to support his contentions of medical negligence.

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fatal punishment
NHRC notice to state govt
Tribune News Service

New Delhi, February 29
The National Human Rights Commission has issued notices to Superintendent of Police, Karnal, and Principal Secretary, Education Department, Haryana, taking suo motu cognisance of a media report alleging that a child died of shock after having been locked up in his school in Kamela, Gharonda subdivision, in the state.

The commission has sought reports in four weeks.

Principal Secretary, Education Department, in particular, has been asked to inform the commission about any action taken by his department in the matter. Reports are that on February 22, six-year-old Pankaj Singh, student of a private school in his locality, died of trauma he suffered during forced isolation to which he was subjected by his teacher.

The allegation is, on December 27, 2011, he was locked up in a room in the school to reprimand him for negligence. When he did not reach home after school, the family went looking for him and found him unconscious in the room.

School authorities appeared to have forgotten that they had detained the child. Allegedly, traumatised by this sentence, Pankaj stopped eating properly and had to be admitted to the Postgraduate Institute of Medical Sciences, Rohtak.

“After he showed signs of recovery, he was discharged from the hospital and thereafter he was sent back to the school. Things were fine till he attended the class of the teacher who had allegedly punished him earlier. The boy fainted and had to be hospitalised. He was discharged on February 11 and passed away a day later,” the commission noted.

Reportedly, based on the assurance given by the village panchayat for a truce between the parents of the boy and school authorities, the family cremated the child without any autopsy being carried out.

However, the bereaved family later reported the matter to the local police on February 20 and alleged that the private English medium school had caused the death of their child.

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Call for khap meetings today
Tribune News Service

Hisar, February 29
The Jat leaders spearheading the pro-reservation agitation at Ramayan village of the district have called a meeting of all khap leaders, excluding those from Rohtak district, tomorrow at Hansi near here to decide their future course of action.

Ram Bhagat Malik, a senior Jat leader, said the deadline given to the government expired tomorrow and if the government did not announce reservation for the community by then, they would have no option but to intensify the stir.

He expressed his unhappiness over the reluctance of the government to grant the community reservation in government jobs at the state level.

Meanwhile, protesters continued to squat near the rail track in Ramayan for the 11th day today crippling rail services.

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104 Sirsa girl students donate blood
Tribune News Service

Sirsa, February 29
As many as 104 girl students of the Mata Harki Devi College for Women at Odhan in Sirsa donated blood during a ‘Raktdaan Utsav’ organised in the college. Over 500 girls had volunteered to donate blood, but only 104 of them were found fit for blood donation after testing hemoglobin levels in their blood samples.

SP Devender Yadav inaugurated the camp and lauded their spirit. Principal Dr Shamim Sharma also donated blood at the camp.

Girls who could donate their blood were ecstatic at their act and some of them revealed they had done this thrice since joining this college.

Women generally are a reluctant lot when it comes to donating their blood. The prevalence of anaemia in them, particularly in the adolescent girls is the main reason behind this.

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Intoxicants seized from Ratia chemist
Tribune News Service

Fatehabad, February 29
The Food and Drug Administration (FDA) has seized huge quantities of intoxicants from a chemist at Ratia town today. Adarsh Goyal, Senior Drug Control Officer, Fatehabad, and Rajnish Dhaliwal, Drug Control Officer, who inspected Shiva Medical Hall in Ratia town today, recovered 18 types of intoxicating drugs from shop’s premises.

“We have seized the drugs and will approach the court tomorrow for their custody,” said Goyal.

Teams of the FDA had sealed the shop during their raids on February 3, when they found that the shop was being run without a qualified pharmacist. The authorities opened the seal today and recovered the intoxicants during inspection of the stocks.

Meanwhile, the local residents have hailed the FDA’s raids in the recent months and said the action had proved effective in curbing the activities of the anti-social elements in the town. “Drug addicts, particularly youths from villages and neighbouring Punjab, used to hang around the chemist shops selling intoxicating drugs in the past and created a lot of nuisance for the local people. Their activities have stopped ever since the FDA authorities initiated action against the chemists,” said Rajinder Prasad, a local resident.

The FDA authorities had lodged a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act against one chemist after their raids on February 3.

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Man gets 7-yr jail for bid on wife’s life
Our Correspondent

Rewari, February 29
Additional District and Sessions Judge JR Chauhan has sentenced Samay Singh to rigorous imprisonment for seven years, holding him guilty of making a bid on his wife Poonam’s life in May, 2010, for her failure to fetch him Rs 2 lakh from her parents by way of dowry.

The Judge has also imposed a fine of Rs 17,000 on the convict.

According to the prosecution, Poonam, daughter of Gajraj belonging to Gurgaon district, who got married to Samay Singh of nearby Lodhana village on February 16, 2004, was persistently harassed for more dowry by her husband who was addicted to liquor.

Subsequently when Poonam’s father expressed his inability to meet Samay’s reported demand of Rs 2 lakh, Samay Singh brutally thrashed and tried to strangle Poonam on May 10, 2010, in a state of inebriation.

The police registered a case of attempt to murder as well as brutal harassment for dowry and arrested Samay Singh on her father’s complaint

It may be mentioned that Poonam had been living at her parental house since then.

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Two held for student’s murder

Hisar, February 29
The police today arrested two youths identified as Kalyan Singh and Raj Kumar in connection with the murder of an engineering student Pradeep Jangra here on Monday. The accused have been arrested from Siswala village. A revolver, some cartridges and a motorcycle have been recovered from them.

The accused confessed that they took a revolver from a close relative’s house who lived in the Azad Nagar. Then they borrowed the motorcycle of a classmate Anshul. As Pradeep approached the college gate they fired at him killing him on the spot. They said they fled to Bhadra in Rajasthan after the murder and then returned to Siswala.

The two accused were produced in a local court, which remanded them in judicial custody till March 13. — TNS

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2 held for extortion
Our Correspondent

Sonepat, February 29
The police has arrested two youths identified as Naveen and Raman of the Gian Nagar, who were allegedly involved in demanding extortion money of Rs 5 lakh from a shopkeeper on Tuesday. Shiv Kumar of Ghaziabad, owner of a cloth showroom at the Gohana Road, received a call on his mobile on Tuesday evening.

The caller demanded Rs 5 lakh from him and threatened with dire consequences if the amount was not paid.

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