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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Fresh ultimatum on Italian, Odisha MLA’s fate unclear
Maoists reject list of prisoners; threaten ‘extreme step’

Maoist mediators Dandapani Mohanty and BD Sharma address mediamen in Bhubaneswar on Friday.Bhubaneswar, April 6 
In a grim turn to the three-week old hostage crisis, Maoists today issued a fresh ultimatum threatening to execute the abducted Italian if their demands are not met within 96 hours.
Maoist mediators Dandapani Mohanty and BD Sharma address mediamen in Bhubaneswar on Friday. — PTI

In 12 hrs, 9 infants die in WB hospital
Malda (WB), April 6
Nine babies died within a space of 12 hours at the Malda Medical College and Hospital in the district where barely two months back 20 new-borns had died.

Orphanage peon rapes 3 minors, arrested
Lucknow, April 6
A peon of a government-run orphanage in Allahabad was arrested today for raping three minor girls. Orphanage superintendent Urmila Gupta was suspended for negligence of duty. Vidya Bhushan Ojha, 44, has reportedly confessed his crime.



EARLIER STORIES



Rahul hints at major revamp in UP Cong
New Delhi, April 6
Congress general secretary Rahul Gandhi's message to winning party MLAs in Uttar Pradesh is clear: stay connected at the grassroots level and use the interim period till the 2014 Lok Sabha elections to effectively voice people-related issues in the Assembly and outside.

TRIBUNE SPECIAL
PUNJAB MASS CREMATIONS-2

How Centre, Punjab challenged Supreme Court’s probe move
New Delhi, April 6
It’s well known that the National Human Rights Commission (NHRC) probed 2097 killings and mass cremations in Punjab between June 1984 and December 1994 after the Supreme Court asked it to do so by its December 12, 1996 order delivered by a division bench of Justices Kuldip Singh and Saghir Ahmad.

JPC nearing completion of testimonies in 2G case
New Delhi, April 6
The Joint Parliamentary Committee (JPC) on 2G Spectrum disbursal plans to wind up its session perhaps before its term expires in the coming monsoon session of Parliament.

Hail in Hyderabad

A delighted boy holds a cluster of hail stones in Hyderabad on Friday
A delighted boy holds a cluster of hail stones in Hyderabad on Friday. — PTI

Forced to quit after injury, woman cadet set to rejoin OTA
Chandigarh, April 6
A woman cadet who was “compelled” to resign from the Officers Training Academy (OTA) after a spinal injury has been directed by the Delhi HC to join back. The court observed that her resignation was not voluntary and was withdrawn before it was accepted.

Panel to discuss Army’s ‘lack of preparedness’
New Delhi, April 6
The lack of ammunition for artillery guns and gaps in the air defence, two issues flagged by Army Chief Gen VK Singh to Prime Minister Manmohan Singh in a secret letter, will be discussed by the Parliamentary Standing Committee on Defence on Monday.

Ad shows Modi as Lord Krishna
Rajkot, April 6
Gujarat Chief Minister Narendra Modi has been depicted as Lord Krishna in a BJP advertisement published in a local newspaper today. The advertisement, which is sure to kick up a controversy, has been given by BJP's Amreli district unit president Bharat Kamdar.

ap liquor scam
Officer heading probe shifted 

Hyderabad, April 6
The sudden transfer of a senior IPS officer handling the sensational liquor scam case has triggered a political storm in Andhra Pradesh amidst allegations of a cover-up operation to shield some ruling Congress leaders.

Steady rise in cyber crime cases
New Delhi, April 6
There has been a steady increase in the number of cyber crimes in the country. The number of such cases registered under the Information Technology Act, 2000, during 2007, 2008, 2009 and 2010 was 217, 288, 420 and 966, respectively. 

Fate of tigers unknown after fire in M’rashtra sanctuary
Mumbai, April 6
More than two weeks after a major fire reduced 4,000 hectares of forest inside Maharashtra's Tadoba Wildlife Sanctuary to ashes, officials are still clueless about the fate of tigers in the area. According to the latest census figures available, the Tadoba Wildlife Sanctuary is home to 69 tigers.

 





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 Fresh ultimatum on Italian, Odisha MLA’s fate unclear
Maoists reject list of prisoners; threaten ‘extreme step’

Bhubaneswar, April 6
In a grim turn to the three-week old hostage crisis, Maoists today issued a fresh ultimatum threatening to execute the abducted Italian if their demands are not met within 96 hours.

The Maoists holding 54-year-old Paolo Bosusco hostage since March 14 rejected the list of 27 prisoners who were offered to be freed by the Odisha government in a swap deal for the release of the Italian, saying it does not contain the names of those they wanted to be released.

Piling up pressure on the state government, the left-wing extremists threatened to take the 'extreme step' if their demands were not met within 96 hours.

There was also no response to the government offer from another group of Maoists who are holding 37-year-old BJP MLA Jhina Hikaka hostage since March 24.

In an audio message to a section of the media, top leader of the Maoist Odisha State Organising Committee Sabyasachi Panda said the the list of prisoners proposed to be freed for securing the release of Italian Paolo Bosusco was unacceptable and gave the 96-hour ultimatum.

Panda had demanded immediate release of seven persons, including his wife Subhashree Das, alias Mili Panda, for Bosusco's release. But he said the government's list excluded many whose release had been demanded.

Subhashree's name figured in the list of persons proposed to be freed by the government.

Panda also sought a written agreement on fulfilment of the demands.

Accusing the Naveen Patnaik government of adopting delaying tactics, he said its talks with Maoist-nominated negotiators B D Sharma and Dandapani Mohanty was a "farce" as no clear-cut decision had been taken on the 13 demands made for the release of Bosusco.

The ultimatum came a few hours after the government and Maoist mediators held talks on the Chief Minister offer to free 27 persons, including eight Maoists, in return for the release Hikaka and Bosusco.

Italian Ambassador Giacomo Sanfelice di Monteforte met Chief Secretary B K Patnaik after the fresh ultimatum.

The Chief Secretary and Home Secretary U N Behera said the new demand by Panda was being examined.

Today's development came as a setback to the state government which was hoping that the two hostages would be released by the Maoists after the latest swap offer.

Among those to be released, 15 belonged to the Naxal-backed Chasi Mulia Adivasi Sangha. The eight Maoists to be freed included six from Odisha and a couple from Andhra Pradesh, Murla Neelam Reddy and his wife Setu Pangi.

The four others were among the names furnished by the Odisha State organising Committee of CPI (Maoists) for the release of the Italian. — PTI

‘Talks a farce’
Accusing the Naveen Patnaik govt of adopting delaying tactics, Maoist Odisha State Organising Committee leader Sabyasachi Panda said talks with Maoist-nominated negotiators was a "farce" as no clear-cut decision had been taken on the 13 demands made for Bosusco's release.

No word on Hikaka
The Maoists holding Hikaka hostage were yet to respond to the state government's decision to release the prisoners. A Maoist leader telephoned to a section of the media on Thursday, saying the deadline had been extended till the evening of April 7.

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  In 12 hrs, 9 infants die in WB hospital

Malda (WB), April 6
Nine babies died within a space of 12 hours at the Malda Medical College and Hospital in the district where barely two months back 20 new-borns had died.

Of the the nine babies, who died between Wednesday evening and Thursday morning, seven were aged between one and 26 days while two others were between the ages of six and eight months, hospital sources said.

Six of them died in the newly-opened Sick New-born Care Unit in the hospital where only critical patients are admitted. Three others died in the general paediatric ward.

All of them were brought from rural hospitals with complications of low birth weight and varying degrees of breathing trouble.

West Bengal has been beset with children's deaths in hospitals across several districts since early last year. — PTI

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 Orphanage peon rapes 3 minors, arrested
Shahira Naim/TNS

Lucknow, April 6
A peon of a government-run orphanage in Allahabad was arrested today for raping three minor girls. Orphanage superintendent Urmila Gupta was suspended for negligence of duty. Vidya Bhushan Ojha, 44, has reportedly confessed his crime.

The disturbing incident came to light when one of the girls, who was recently adopted by foster parents, told them about constant sexual abuse at the orphanage.

The shocked parents rushed to the orphanage and reported the matter to the warden, following which a police complaint was filed and the peon taken into police custody.

There were 42 girls living in the orphanage run by the state government’s Women and Child Welfare Department in a cloistered rented building at Teliyaganj under Shivkutty police station in Allahabad. Six of the inmates are mentally-challenged.

Medical investigations showed that at least two more girls suffered the same trauma at the hands of the same culprit. All victims are between 10 and 12 years of age.

According to a local news channel, orphanage superintendent Urmila Gupta was supposed to stay with the children along with the permanent attendants, but did not and was suspended for negligence in duty.

Instead of permanent staff members, the orphanage was being run by the lone male peon, working on contract since 2005. Vidya Bhushan Ojha reportedly stayed there for more than eight hours a day, abusing the girls after threatening them of dire consequences.

According to Allahabad DIG Praveen Kumar Chauhan, the matter was being investigated to find out if others were also involved in the crime.

Allahabad-based child rights activist and lawyer Sister Sheeba Jose termed the incident “horrendous”.

Allahabad's Shame

* An inmate recently adopted by foster parents told them about constant sexual abuse at the orphanage

* The parents reported the matter to the warden, who informed the police

* There are 42 girls in the state-run orphanage, six of whom are mentall challenged

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 Rahul hints at major revamp in UP Cong
Vibha Sharma/TNS

New Delhi, April 6
Congress general secretary Rahul Gandhi's message to winning party MLAs in Uttar Pradesh is clear: stay connected at the grassroots level and use the interim period till the 2014 Lok Sabha elections to effectively voice people-related issues in the Assembly and outside.

While this directive forms part of his long-term strategy to pull the party back from the brink in the politically sensitive state, an immediate decision that he is likely to implement is a complete revamp of the state leadership and some "visible action" against "culprits" of the humiliating defeat.

Against the backdrop of PCC chief Rita Bahuguna Joshi offering her resignation, MLAs also pressed for a complete overhaul of the UPCC in order to begin on a clean slate for the next Lok Sabha poll.

Sources suggest that the Congress scion may take charge of the Nehru-Gandhi family' turf, divesting general secretary in charge of UP affairs Digvijaya Singh of his responsibilities.

However, an issue that emerged time and again during Rahul's two-day interaction with MLAs who made it to the Assembly and also with candidates who could not make it was the complete disconnect of leaders, both local and central, with party workers and the people.

Therefore, on the second day of party' review of the UP poll debacle, Rahul was emphatic that henceforth he meant business. "Don't expect a kid gloves treatment from now on. It will be firm steps," he said, thereby meaning that everyone had to perform if they wanted to stay aboard.

His advice to his winning MLAs was to remain connected with the people. "Do not forget the name of your grassroots workers after you win. Stay connected with people not with a purpose of winning elections, but to serve them," he told the winning MLAs.

He also wants party MLAs to take up correct issue and effectively, raise these in the Assembly after doing proper homework. Apparently, central leaders from the state who met him later in the day were also told that they had to start spending time with workers.

Apart from the 28 newly elected legislators, central leaders also met Rahul. However, workers are clamouring for some harsh steps, including action against those "responsible for the defeat".

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 TRIBUNE SPECIAL
PUNJAB MASS CREMATIONS-2
How Centre, Punjab challenged Supreme Court’s probe move
Aditi Tandon/TNS

New Delhi, April 6
It’s well known that the National Human Rights Commission (NHRC) probed 2097 killings and mass cremations in Punjab between June 1984 and December 1994 after the Supreme Court asked it to do so by its December 12, 1996 order delivered by a division bench of Justices Kuldip Singh and Saghir Ahmad.

But what’s not known is the firmness of manner and vehemence with which the Centre and Punjab opposed any move for another probe (after the one by CBI) and went to the extent of challenging the apex court’s order asking the commission to investigate killings.

Both the respondents raised a series of objections at the start of NHRC hearings in 1997, saying the NHRC had no jurisdiction over the said probe and “the SC order virtually compelled the commission to function contrary to the law”.

Excerpts from the hearings which The Tribune has exclusively accessed reveal how hard R Venkatramani, NHRC counsel at the 
time, worked to counter these arguments.

The main objection of respondents related to the powers of NHRC, a recommendatory body, to award compensations which, as per SC orders, “would be binding on the state”. Both Centre and Punjab questioned SC’s move to delegate its judicial authority to a recommendatory body like the NHRC; questioned NHRC’s jurisdiction to probe killings that had happened when the commission did not even exist; went to the extent of requesting the commission to decline SC’s reference. NHRC was established under the Protection of Human Rights Act in 1993.

Case records reveal other anti-probe arguments which the respondents made. They said, “The SC has mentioned the Protection of Human Rights Act 1993 and entrusted the matter of compensation to NHRC. The matter has thus been referred to NHRC as a tribunal functioning under the 1993 Act whose Section 36 excludes certain matters from its purview.”

“This section says the commission shall not inquire into any matter after the expiry of one year from the date on which the Act constituting violation of human rights is alleged to have been committed. In the instant case, the alleged violation happened many years ago. The commission being a special tribunal with specific jurisdiction has to function within the 1993 Act. It is therefore requested to decline the reference of SC as it is beyond its jurisdiction,” it was stated.

At another point, state agencies challenged the SC itself, saying, “SC can’t make legal what the law of land doesn’t envisage… it can’t create a new jurisdiction where none exists under the law.” Here, they were referring to SC’s orders which made NHRC’s compensation award binding despite the commission’s role being described as recommendatory under the 1993 Act.

The Union of India even filed a petition in the SC (after it had remitted the matter to NHRC), seeking clarifications on its orders. It was then that the SC cleared the air and backed the probe.

It ruled, “The NHRC would function pursuant to the directions issued by this court and not under the Act under which it is constituted. NHRC is given a free hand and is not circumscribed by any conditions. Therefore, the jurisdiction exercised by the NHRC in these matters is of a special nature not covered by enactment or law and thus acts sui generis.”

Case files reveal the several odds the NHRC was pitted against during these long years of hearing. At one point, the commission records, “Despite lapse of nearly a year and a half, the state and the Union haven’t made any specific proposals for the requisite accommodation to the commission for effectuating its functions on SC’s directions. A Home Ministry communication to Urban Development Ministry dated December 16, 1998 envisages that the commission should itself make arrangements to secure the requisite accommodation on rent. This is not our task. During proceedings, both the state and the Union gave assurances of cooperation but nothing materialised.”

(Concluded)

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 JPC nearing completion of testimonies in 2G case
Faraz Ahmad/TNS

New Delhi, April 6
The Joint Parliamentary Committee (JPC) on 2G Spectrum disbursal plans to wind up its session perhaps before its term expires in the coming monsoon session of Parliament.

Former Secretary in the Department of Telecommunications (DoT) Sidharth Behura, currently lodged in Tihar jail as an accused in the 2G scam, is expected to depose before the Joint Parliamentary Committee on April 11. In response to the Joint Parliamentary Committee summon, the CBI judge OP Saini, in turn allowed Behura exemption from appearing before his court both on April 11 and 18, to enable him to attend to the Joint Parliamentary Committee proceedings.

Apart from Behura, the Joint Parliamentary Committee has on its list of witnesses another former DoT secretary PJ Thomas and the sitting current secretary of the department R Chandrasekhar.

Sources said immediately after that, the committee plans to ask former and present Telecom ministers including A Raja, also lodged in Tihar as the prime accused in the 2G scam case, to testify before it.

That list of ministers and former ministers beginning 1998 is also pretty long and includes Sushma Swaraj, Ram Vilas Paswan and Arun Shourie from NDA days as well as Dayanidhi Maran and incumbent Kapil Sibal of the UPA regime.

One important link in the Spectrum issue was Pramod Mahajan, who is no more. Additionally, it was former Prime Minister Atal Bihari Vajpayee who replaced the auction regime with revenue-sharing regime is in no position to testify. Nor does it say whether former Telecom Minister Jagmohan who had opposed the shifting of regimes will also be asked to testify. While a formal decision on Raja’s appearance before the committee has yet to be communicated, sources said he is likely to be summoned on April 16 and Behura may be asked to reappear on April 18 to reconcile any contradictions. 

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 Forced to quit after injury, woman cadet set to rejoin OTA
Vijay Mohan/TNS

Chandigarh, April 6
A woman cadet who was “compelled” to resign from the Officers Training Academy (OTA) after a spinal injury has been directed by the Delhi HC to join back. The court observed that her resignation was not voluntary and was withdrawn before it was accepted.

Shivanjali Sharma had joined the Officers Training Academy in October 2010 and sustained a fracture in the backbone after she fell from a staircase. The incident took place after just five days of training. She was admitted to the Military Hospital, Chennai, but apparently her injury was not diagnosed.

In spite of her complaining of severe back and stomach pain, she was discharged from hospital holding her fit for duty. Her request for sick leave was also declined.

As she continued to suffer from severe pains, she tendered her resignation from training. “In these circumstances, which were beyond her control. Since the Officers Training Academy authorities had failed to get her injury diagnosed and provide proper treatment, she was compelled to resign,” her counsel, Maj (retd) K Ramesh said.

Diagnosis at a private hospital revealed a fracture in the tailbone. She wanted to rejoin training after treatment and requested the Army Chief to allow her join training in the next batch.

However, the Army Training Command held that she was unfit to join training even in the next course.

A Division Bench comprising Justice Anil Kumar and Justice SK Misra held the resignation, which was given by her under compulsion and was withdrawn before it was accepted, is set aside. 

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 Panel to discuss Army’s ‘lack of preparedness’
Ajay Banerjee/TNS

New Delhi, April 6
The lack of ammunition for artillery guns and gaps in the air defence, two issues flagged by Army Chief Gen VK Singh to Prime Minister Manmohan Singh in a secret letter, will be discussed by the Parliamentary Standing Committee on Defence on Monday.

The two issues will form the core of the meeting on April 9 as the panel of MPs had demanded detailed presentation from the officials of the Ministry of Defence and the Army. “Each subject will be discussed and officials will be questioned,” said a senior MP.

The contents on preparedness of the force in the presentation given by the MoD and Army to the committee on April 4 did not match with the picture painted by the Army Chief in the letter to the Prime Minister, said sources. The MPs demanded that the facts raised by the Army Chief should be informed to the MPs also. The Chief, in his letter, which was leaked to the media last week, had said there were 97 obsolete weapons in the air defence and ammunition stock was so low that they would not last more than 3-4 days in case of a war.

Naresh Gujral, SAD MP from Punjab, said, “I will make a fresh demand when the committee meets on Monday to summon the Army Chief and ask him to explain to the MPs what he meant in that letter and what all needs to be done.”

“There was a mismatch somewhere. The panel wants to be informed about the shortages raised by the Army Chief and suggest ways and means to overcome these,” Manish Tewari said.

The scope of discussions will be vast and the panel is expected to suggest some rapid steps and recommend a few changes to ramp up acquisition and production.

MPs in the Parliamentary Committee headed by Satpal Maharaj from Uttarakhand have been raising key issues on defence and security issues, but proceedings are rarely reported by media due to the sensitive nature of the subject. 

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 Ad shows Modi as Lord Krishna

Rajkot, April 6
Gujarat Chief Minister Narendra Modi has been depicted as Lord Krishna in a BJP advertisement published in a local newspaper today. The advertisement, which is sure to kick up a controversy, has been given by BJP's Amreli district unit president Bharat Kamdar.

The ad also shows Gujarat BJP president RC Faldu as Arjun and party leaders Vijay Rupani, Purshottam Rupala and IK Jadeja as the Pandavas.

The advertisement, given as part of BJP's promotion of "Kishan Yatra", appeared in a vernacular daily. — PTI

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ap liquor scam
Officer heading probe shifted 
Suresh Dharur/TNS

Hyderabad, April 6
The sudden transfer of a senior IPS officer handling the sensational liquor scam case has triggered a political storm in Andhra Pradesh amidst allegations of a cover-up operation to shield some ruling Congress leaders.

Additional director of Anti-Corruption Bureau (ACB) K Srinivas Reddy, heading a special investigation team that exposed the misdeeds

of a liquor syndicate and its nexus with politicians and police, was shifted to the coastal security wing.

The decision was widely seen as a move to ‘pacify’ state Congress president B Satyanarayana whose name had prominently figured in the scandal covering illegal liquor trade. Satyanarayana, who has a running feud with Chief Minister N Kiran Kumar Reddy, had complained to the party high command that the ACB was deliberately targeting him to defame him and his family at the instance of the CM.

Both leaders were recently summoned to Delhi by the party leadership and a truce was worked out. As a result, the official was shifted from the ACB, ostensibly on promotion. During the last few months, the ACB team had conducted extensive raids on liquor outlets, offices and residences of excise and police officials across the state and exposed a well-oiled racket involving a nexus between politicians, liquor syndicates, excise and police officials and journalists.

The crackdown caused major embarrassment to Satyanarayana, who is also a minister, as several of his close relatives own a large number of liquor shops in his home district of Vizianagaram. The official’s transfer at a crucial stage of the investigation has raised many eyebrows. A delegation of Opposition parties met the Chief Minister here today and urged him not to shift the upright officer and ensure that the case was taken to its logical end.

What made the matters worse for the embattled government was the resistance put up by the ACB chief to the sudden transfer of his deputy. ACB Director D Boobathi Babu wrote to Chief Secretary Pankaj Dwivedi, seeking retention of Srinivas Reddy as Additional Director. He wanted Reddy to continue to head the probe team particularly in view of the High Court holding the hearing in the case on April 16. The liquor scam could not have come at a more inopportune time for the Congress which is already beset with growing infighting. Apart from the Excise Minister M Venkata Ramana, several Congress bigwigs and senior ministers are facing charges of involvement in the scam. The illegal activity includes the sale of liquor above the Maximum Retail Price (MRP) and operating the retail shops beyond the stipulated hours.

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 Steady rise in cyber crime cases
Girja Shankar Kaura/TNS

New Delhi, April 6
There has been a steady increase in the number of cyber crimes in the country. The number of such cases registered under the Information Technology Act, 2000, during 2007, 2008, 2009 and 2010 was 217, 288, 420 and 966, respectively. 

The number of such cases registered under various sections of the IPC during the same years stood at 328, 176, 276 and 356, respectively. These figures were issued by the Ministry of Communications and Information Technology based on the cyber crime data maintained by the National Crime Records Bureau.

As per data, 112 government websites were hacked during December, 2011, to February, 2012. These websites belonged to government agencies in Andhra Pradesh, Madhya Pradesh, Rajasthan, Tamil Nadu, Maharashtra, Gujarat, Kerala, Orissa, Uttar Pradesh, Sikkim and Manipur. Websites of the Ministry of Finance, Health, Planning Commission and Human Resource Development were also hacked.

According to the RBI, the number of Internet frauds involving Rs 1 lakh and above has declined over the last three years. The number went down from 269 cases in 2009 to 125 in 2011. However, there has been a steady rise in the number of cases involving smaller amounts. Delhi saw a major jump in the number of cyber crimes. There were just nine such cases in 2009, but the number went up to 41 in 2010. The number of cases reported in Mumbai and Chennai in 2010 stood at eight and 10, respectively.

The number of persons arrested for cyber crimes under the Information Technology Act during 2007, 2008, 2009 and 2010 stood at 154, 178, 288 and 799, respectively. The number of persons arrested under various sections of the IPC for similar crimes during 2007, 2008, 2009 and 2010 stood at 429, 195, 263 and 294, respectively.

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 Fate of tigers unknown after fire in M’rashtra sanctuary
Shiv Kumar/TNS

Mumbai, April 6
More than two weeks after a major fire reduced 4,000 hectares of forest inside Maharashtra's Tadoba Wildlife Sanctuary to ashes, officials are still clueless about the fate of tigers in the area. According to the latest census figures available, the Tadoba Wildlife Sanctuary is home to 69 tigers.

"So far we do not have any information of any tigers having perished in the fire. But we are still in the process of accessing the damage caused by the fire," says Assistant Conservator of Forests, Vidharbha region, Kishore Mishrikotkar.

He said the fire broke out on March 21 in the buffer zone of the wildlife sanctuary and spread rapidly inwards. As many as 150 persons were deployed to put out the fire. Spread in over 625 sq km, the sanctuary is one of the last homes to Indian tigers.

In the past, forest officials have blamed people living in the sanctuary for working hand in glove with poachers to start fires. Tribals who traditionally inhabited the forest land continue to live in several clusters despite opposition from forest officials.

After years of neglect, the state government has been forced to take up welfare measures for the forest dwellers without alienating them from their habitat.

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