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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

CAG can assess losses in natural resource allocations: Apex court
New Delhi, October 1
Observing that the Comptroller and Auditor General (CAG) “is not a ‘munimji’ or an auditor of a company or a corporation”, the Supreme Court today dismissed a PIL pleading for a declaration that the CAG had no power to assess losses in the allocation of natural resources such as coal blocks.

Bofors’ Indian avatar set for induction
New Delhi, October 1
Bofors, the name of Swedish-made artillery gun, which caused political turmoil in India during the late 1980’s, now has a ‘Made in India’ stamp. The Ministry of Defence has okayed the induction of 144 indigenously-developed 155mm Howitzers into the Indian Army, for which final trials will be held later this year.

MoD’s quality assurance wing opens doors to short service commission officers
Chandigarh, October 1
Modifying its personnel selection policies, the Defence Ministry’s Directorate General Quality Assurance (DGQA) has opened its doors to short service commission officers (SSCOs) from the armed forces. SSCOs, like regular officers, are now eligible for tenure posting as well as permanent secondment to DGQA.



EARLIER STORIES

Kejriwal should contest polls against Sibal: Anna
New Delhi, October 1
After announcing the future strategy of the anti-graft movement, Anna Hazare— with one cause of weeding out corruption even as different ways as he contend to put it as, will support Arvind Kejriwal’s candidature and also campaign for him if need be.

IAS officer suspended for rape bid in train
Lucknow, October 1
A senior IAS officer was suspended and sent to 14-day judicial custody following his arrest on the charge of attempt to rape inside a moving train.

Bhagat SinghKin hail renaming of roundabout in Lahore after Bhagat Singh
New Delhi, October 1
The family and friends of Bhagat Singh today hailed Pakistan’s decision to dedicate to the martyr’s memory the site of his execution in Lahore. Pending for over eight years, the move of the Provincial Assembly of Punjab in Pakistan, marks the end of a process that had civil society and political activists from both sides of the border working equally hard to see Shadman Chowk in Lahore named after Bhagat Singh, who was hanged there on March 23, 1931.

My sacrifice would bring greater good than my life.
— Bhagat Singh

SC slams Centre for not providing houses to tribunal members
New Delhi, October 1
The Supreme Court today took the Centre to task for not providing residential accommodation to the members of a water disputes tribunal headed by retired SC Judge JM Panchal, observing that retired judges could not “roam on the streets of Delhi.”

Sanjiv Bhatt’s suspension revoked
Ahmedabad, October 1
The Gujarat government today revoked suspension of whistle-blower IPS officer Sanjiv Bhatt in one of three cases against him.

Many pay tributes to Brajesh Mishra
UPA chairperson Sonia Gandhi pays tribute to Brajesh Mishra, country’s first National Security Adviser, before his cremation in New Delhi on Monday.
UPA chairperson Sonia Gandhi pays tribute to Brajesh Mishra, country’s first National Security Adviser, before his cremation in New Delhi on Monday. — PTI
The mortal remains of Brajesh Mishra were consigned to flames at the Lodhi Road electric crematorium in New Delhi on Monday. He passed away on Friday Mishra was the Principal Secy to ex-PM AB Vajpayee and was also appointed National Security Adviser. He also served as India's Permanent Representative to UN

25 injured in Karnataka train accident
Bangalore, October 1
Twenty-five passengers were injured when a train derailed near Karnataka this evening. The accident occurred due to flash floods that washed away the track.

‘New US visa system fast, user-friendly’
Chandigarh, October 1
In its endeavour to attract more Indian students to American universities, senior officials of the US Embassy are visiting various educational institutions, including IITs and universities, to educate students about variety and quality of education available in American institution, says Josh Glazeroff, Consul-General of the US (Visa) in India.

Cauvery protests continue, JDS MP, 4 MLAs resign
Bangalore, October 1
Protests against release of Cauvery water to Tamil Nadu continued for the second day today with authorities deciding to deploy Rapid Action Force to maintain peace in Mandya, the epi-centre of the stir, even as four JDS MLAs and an MP submitted resignations to the party state unit chief to protest the government action.

AMARNATH YATRA
Making pilgrimage safe is state’s duty: SC
New Delhi, October 1
The Supreme Court today made it clear that it was the responsibility of the Jammu and Kashmir government to make the annual Amarnath yatra safe and minimize casualties.





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CAG can assess losses in natural resource allocations: Apex court
R Sedhuraman
Legal Correspondent

New Delhi, October 1
Observing that the Comptroller and Auditor General (CAG) “is not a ‘munimji’ or an auditor of a company or a corporation”, the Supreme Court today dismissed a PIL pleading for a declaration that the CAG had no power to assess losses in the allocation of natural resources such as coal blocks.

“If the CAG does not do it, who else will do it,” a Bench comprising Justices RM Lodha and Anil Dave asked petitioner Dr Arvind Gupta from Noida.

“The CAG is the principal auditor whose function is to go into the economy, effectiveness and efficiency of the use of natural resources by the government” and as such it was CAG’s “primary duty” to ensure effective use of such resources, the Bench noted.

Further, even if the CAG’s reports were not in conformity with its powers, “how does it affect anybody,” the Bench asked the petitioner.

If the CAG had exceeded its powers, it was for Parliament to take the final call on these reports and tell the CAG that its reports were “misconceived or misplaced for reasons A, B or C. How can you say the CAG has trespassed the functions of other organs,” the Bench asked the petitioner’s counsel Santosh Paul. Further, there was a full-fledged mechanism to consider the CAG reports. These were submitted to the President and then placed in both Houses of Parliament before being referred to the Public Accounts Committee (PAC) of Parliament for scrutiny, the Bench explained.

“Parliament is there to guide and correct the CAG.? We have to understand the scheme of the Constitution,” the Bench said, pointing out that Articles 148-151 had comprehensive provisions dealing with CAG’s powers.

In the case of states, the auditors’ reports were submitted to the respective Assembly for further action, the SC noted.

“The petition is misconceived and dismissed accordingly,” the Bench said in the order. During the arguments, the SC also observed that it was CAG’s duty to audit all receipts which went into the Consolidated Fund of India or the state exchequer to satisfy itself that the revenues were being utilised properly.

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Bofors’ Indian avatar set for induction
Tribune News Service

New Delhi, October 1
Bofors, the name of Swedish-made artillery gun, which caused political turmoil in India during the late 1980’s, now has a ‘Made in India’ stamp. The Ministry of Defence has okayed the induction of 144 indigenously-developed 155mm Howitzers into the Indian Army, for which final trials will be held later this year.

The gun is based on the existing AB Bofors design for which the Gun Carriage Factory (OFB) holds the Transfer of Technology (ToT) licence from the AB Bofors.

Defence Minister AK Antony today told reporters on the sidelines of defence function that “The Defence Acquisition Council (DAC) has cleared a proposal for production of 144 155mm guns. Winter trials will take place in December and summer trials in June”.

Antony expressed the hope that trials would be successful, saying “so that after 30 years, India can have upgraded 155mm guns”.

This winter, the Indian Army will conduct the second test on the gun in extreme climatic conditions in the Himalayas before it is inducted. A summer trail was conducted in May this at Pokhran in temperatures exceeding 50 degrees Celsius.

Antony has set a target of inducting the gun next year. Two types of Howitzers for the Army will be ready for trials by December and by June next year respectively. The Ordnance Factory Board has been tasked with manufacturing 155mm Howitzers. Under the project, the OFB will manufacture two prototypes of 155mm 39 calibre FH-77-B02 guns (the technical name for Bofors) and the upgraded version of 155 mm/45 calibre Howitzers.

The decision to allow the OFB to manufacture these guns was taken after the Army failed in more than five attempts to modernise its artillery.

Sources said the summer trials of indigenously produced new artillery guns, meant to replace the Army’s inventory of 155 mm Howitzers supplied by AB Bofors around 25 years ago have been promising. In its assessment of the trials carried out this summer in Rajasthan, the Army has said the guns have met the “stipulated parameters”.

Produced by the Ordnance Factory Board, these guns are 155 mm, 45 calibre Howitzers. These look like Bofors and have the capacity to fire up to a distance of 32 km. The original AB Bofors - inducted in 1987 - is 39 calibre.

As part of its artillery modernisation plan, the Army plans to purchase a total of 400 Howitzers that can be towed away, along with 180 self-propelled ones and 145 Ultra light Howitzers (ULH).

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MoD’s quality assurance wing opens doors to short service commission officers
Vijay Mohan
Tribune News Service

Chandigarh, October 1
Modifying its personnel selection policies, the Defence Ministry’s Directorate General Quality Assurance (DGQA) has opened its doors to short service commission officers (SSCOs) from the armed forces. SSCOs, like regular officers, are now eligible for tenure posting as well as permanent secondment to DGQA.

SSC officers who have completed 11 years of physical service and serving at the rank of acting or substantive Major would be eligible for tenure postings to the DGQA, though they would be posted against vacancies tenable by Lieutenant-Colonels. Sources said that this is because of different terms and conditions governing SSC officers. Regular officers of the rank of Lieutenant-Colonel are inducted by the DGQA.

For permanent secondment of SSC officers, only those will be considered who have been screened for permanent commission. They will be granted provisional permanent secondment till they get their permanent commission and substantive rank of Lieutenant-Colonel.

Their seniority will be reckoned from the date they get their Lieutenant-Colonel’s rank and will be suitable modified by up to a year to keep them on a par with regular officers of the same batch of seniority.

Sources said that the move, besides providing a secondary career option to SSCOs, will also enable DGQA to meet its requirements for technical officers.

The DGQA, which observed its anniversary on September 27, functions under the Department of Defence Production. It is responsible for ensuring that the entire range of arms, ammunition, equipment and stores supplied to the armed forces meets the laid-down specifications.

Its establishments and laboratories are spread across the country where ordnance factories, defence public sector undertakings and other associated industrial units are located.

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Kejriwal should contest polls against Sibal: Anna
Ananya Panda
Tribune News Service

I will support Arvind if he stands for elections. He and I have different paths but the goal is still the same. I will campaign for him if he stands from Chandni Chowk against Kapil Sibal... There are no differences between me and Arvind. His way too is right and both Arvind and Manish had come to meet me. But I will never fight elections and will not allow my name and photographs to be used as I don’t want to be linked to politics
— Anna Hazare

New Delhi, October 1
After announcing the future strategy of the anti-graft movement, Anna Hazare— with one cause of weeding out corruption even as different ways as he contend to put it as, will support Arvind Kejriwal’s candidature and also campaign for him if need be.

Suggesting him to contest against the Union Human Resource Development minister Kapil Sibal from Chandni Chowk, he said, “I will support Arvind if he stands for elections. He and I have different paths but the goal is still the same. I will campaign for him if he stands from Chandni Chowk against Kapil Sibal.”

Denying rift with erstwhile right hand Kejriwal, he remarked, “There are no differences between me and Arvind. His way too is right and both Arvind and Manish had come to meet me. But I will never fight elections and will not allow my name and photographs to be used as I don’t want to be linked to politics. Rather we will train people in October from across the country to join the movement.”

Laying down the roadmap of a planned crusade targeting for the system change right from the gram sabha level, he said, “People want to join the movement. They will be selected and trained by eminent people and ex-servicemen. The training centre will be at Ralgan Sidhi and we are looking for a place in Delhi. A coordination committee will be formed and we’ll make use of facebook, internet and video-conferencing to reach out to people. Representatives will be chosen for the over six lakh gram sabha.”

The anti-graft crusader said he has met over 70 people, activists and civil society groups and ex-servicemen to strategise the roadmap of the movement that he envisioned much before the Ramlila demonstration.

When asked about the future of India Against Corruption which now stands divided after the fallout between the Gandhian and Kejriwal camp early this month, he chose to be silent and said they have told Kiran Bedi to discuss th matter with others.

Sources said if dispute arises over the name, a new name is likely to be launched but as of now nothing concrete has been thought of and the Anna-led group is just looking forward to November when the anti-graft crusader will begin a nationwide tour into villages.

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IAS officer suspended for rape bid in train
Shahira Naim
Tribune News Service

Lucknow, October 1
A senior IAS officer was suspended and sent to 14-day judicial custody following his arrest on the charge of attempt to rape inside a moving train.

Shashi Bhushan Lal, Special Secretary, Technical Education, Uttar Pradesh, was arrested this morning by the Government Railway Police (GRP) at the Charbagh railway station first on the charges of trying to molest a senior executive in an IT giant and then on attempt to rape while travelling in a VIP train coach from Delhi to Lucknow.

The IAS officer was detained moments after the train reached Charbagh railway station and was interrogated for four hours before being arrested. The GRP initially lodged a case against the officer for harassment which is a relatively mild bailable Section of the IPC.

Later, reportedly at the intervention of the top political leadership, GRP inspector Anil Rai, who booked the IAS officer under bailable Sections, was instantly shifted to Gorakhpur. The new inspector, after taking charge, added Sections involving attempt to rape.

Lal was produced before the railway court later in the day which sent the IAS officer to 14 days of judicial custody.

According to the GRP, the woman in her complaint had accused the IAS officer of misbehaving with her during the night. In the morning when she went to the toilet, he reportedly tried to molest her daughter following which she lodged a complaint with the GRP and informed her family members over the mobile phone.

When the seriousness of the situation dawned on the officer, he reportedly threw himself on the feet of the woman and apologised.

However, while defending himself he admitted to entering into a verbal duel with the woman after she made caste-specific remarks against him.

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Kin hail renaming of roundabout in Lahore after Bhagat Singh
Aditi Tandon/TNS

New Delhi, October 1
The family and friends of Bhagat Singh today hailed Pakistan’s decision to dedicate to the martyr’s memory the site of his execution in Lahore.

Pending for over eight years, the move of the Provincial Assembly of Punjab in Pakistan, marks the end of a process that had civil society and political activists from both sides of the border working equally hard to see Shadman Chowk in Lahore named after Bhagat Singh, who was hanged there on March 23, 1931.

Back in India, Bhagat Singh’s nephew Kiranjit Sandhu, who had been waiting for this moment for long, said, “It has taken us 83 years to dedicate the location of Shaheed-e-Azam’s martyrdom to his memory. What can we say? We are humbled. The move is a landmark. It carries immense significance for Indo-Pakistan relations. It recognises the fact that Bhagat Singh was common to us both.”

Sandhu said the entire family, including Toronto-based lone surviving sibling of the martyr, Parkash Kaur, celebrated the news. “The development reminds us of Bhagat Singh’s legacy. Finally, we have acknowledged that Shaheed-e-Azam was above borders,” Sandhu said.

His sentiment was echoed by Justice (retd) Rajinder Sachar and Kuldip Nayar, members of Hind Pakistan Manch, which had been following up the demand from India.

Nayar recalled how until around five years ago, even the exact location of Bhagat Singh’s execution in Lahore was not known. “The site in a Lahore jail was lost in the city’s urbanisation. A residential colony called Shadman came up around the original jail area. We had to meet the DC of Lahore to determine the location of Bhagat Singh’s execution. He put us in touch with an old tehsildar, who led us to this chowk, a traffic island. Finally, we approached Nawaz Sharif for naming the chowk after the martyr,” said Nayar, a noted author.

On the occasion, Justice Sachar recalled an inspiring story about Bhagat Singh which his father Bhim Sen Sachar, the first Chief Minister of Punjab, told him. The two had briefly shared the Lahore jail compound.

“One day, my father urged Bhagat Singh to send a petition seeking commutation of his death sentence to life. Bhagat Singh replied: My sacrifice would bring greater good than my life,” says Sachar.

Sachar recalls another occasion his father had recounted for him. “It was about how Bhagat Singh wrote on one petition that sought pardon for him: Don’t hang me, shoot me.”

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SC slams Centre for not providing houses to tribunal members
Legal Correspondent

New Delhi, October 1
The Supreme Court today took the Centre to task for not providing residential accommodation to the members of a water disputes tribunal headed by retired SC Judge JM Panchal, observing that retired judges could not “roam on the streets of Delhi.”

“Do you expect the retired judges to roam on the streets of Delhi? If you don’t want tribunals to function, scrap the laws which provide for appointment of judges for tribunals,” a bench comprising Justices RM Lodha and Anil Dave told Additional Solicitor General Harin Raval. The bench vent its ire after being informed that Justice Panchal and two other members of the Mahadayi Water Disputes Tribunal, appointed to adjudicate a case involving Karnataka and Goa, had not been given government accommodation for more than a year now.

“You (government) slip into a deep slumber and want the court to wake you up. God help you and God help this country,” the bench said. The SC pointed out that under relevant laws the tribunal members were placed on a par with sitting judges of the SC or the high courts and rejected the Urban Development Ministry’s contention they were not entitled to accommodation under general pool.

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Sanjiv Bhatt’s suspension revoked

Ahmedabad, October 1
The Gujarat government today revoked suspension of whistle-blower IPS officer Sanjiv Bhatt in one of three cases against him.

"As Bhatt has also been put under suspension in two other cases, he will remain under suspension till those cases are pending," said state's Principal Secretary (Home) SK Nanda. — PTI

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25 injured in Karnataka train accident
Shubhadeep Choudhury/TNS

Bangalore, October 1
Twenty-five passengers were injured when a train derailed near Karnataka this evening. The accident occurred due to flash floods that washed away the track.

“I can confirm that nobody was killed in the accident,” said GK Jalan, SW Railway spokesperson. A 10-m stretch of the track got washed away in flood waters, leading to the accident, he said. “The incident took place between Balgaum and Miraj stations,” he added.

This is the first rail mishap after CP Joshi took over as the Railway Minister.

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‘New US visa system fast, user-friendly’
Tribune News Service

Chandigarh, October 1
In its endeavour to attract more Indian students to American universities, senior officials of the US Embassy are visiting various educational institutions, including IITs and universities, to educate students about variety and quality of education available in American institution, says Josh Glazeroff, Consul-General of the US (Visa) in India.

Glaazerhoff was here to brief the media about the new global US visa processing system that was launched in India on September 26.

"We are liberal in giving student visa to genuine applicants from India," he says, adding that there are over one lakh Indian students in various American universities. American officials had visited Panjab University in the recent past and next week they would be heading to IIT Kanpur.

Glaazerhoff said the new system was user friendly and would help in faster processing of application. Under the new system, applications would be submitted online reducing the wait period for the interview. The applicants or users need to create their account, fill application form and pay required fee online.

The US visa officials also reply to queries on Facebook every Friday between 11am and 1 pm.

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Cauvery protests continue, JDS MP, 4 MLAs resign

Bangalore, October 1
Protests against release of Cauvery water to Tamil Nadu continued for the second day today with authorities deciding to deploy Rapid Action Force to maintain peace in Mandya, the epi-centre of the stir, even as four JDS MLAs and an MP submitted resignations to the party state unit chief to protest the government action.

Lending their political might to the agitation, the four JDS MLAs and an MP submitted resignations to H D Kumaraswamy to protest the BJP government's action to release water complying with a Supreme Court order.

Authorities said they have decided to deploy RAF to assist police in the wake of escalating protests.

More than 100 persons were arrested at Gejjalagere in Mandya district, the hotbed of Cauvery politics, when they blocked the Shirdi express train, the police said.

Protests continued in Mysore, Chamarajanagar and Mandya, the Cauvery basin districts. Vehicular movement on the Bangalore-Mysore road was hit for the third day, the police said.

JDS Lok Sabha member from Mandya N Cheluvarayaswamy and its four MLAs from Mandya district --- Kalpana Siddaraju, C S Puttaraju, M Srinivas and A B Ramesh Bandisidddegowda submitted their resignation letters to Kumaraswamy.

Speaking to reporters here, Kumaraswamy said a meeting of party MLAs and MPs has been convened tomorrow to decide the future course of action, including whether all its legislators should quit en masse. — PTI

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AMARNATH YATRA
Making pilgrimage safe is state’s duty: SC
R Sedhuraman
Legal Correspondent

New Delhi, October 1
The Supreme Court today made it clear that it was the responsibility of the Jammu and Kashmir government to make the annual Amarnath yatra safe and minimize casualties.

A Bench comprising Justices BS Chauhan and Swatanter Kumar made the remark when Advocate General MI Qadri said that under the Shri Amarnath Shrine Board (SASB) Act the Board had all the powers to make the arrangements. “We are only a facilitator.”

On the other hand, SASB’s senior counsel Upender K Jalali said the Board had already begun work and was “working in tandem” with the state government. However, the Board’s work would depend on some clearances from state departments. In fact, the forest department had advised the Board to await clearances before embarking on any work. Nevertheless, there was no conflict of interest, he clarified.

Qadri said SASB should be allowed to provide the necessary facilities to the pilgrims.

At this, the Bench said the state government and the Board should not try to pass on the responsibility to each other. “You leave it to the Board and the Board will leave it to you. The primary duty is yours and the Board will carry out the work,” the Bench told Qadri.

Qadri sought two weeks’ time for the state government to file its response to the proposals submitted by the SC-appointed Special High Powered Committee (SHPC) for improving the facilities for the pilgrims.

The state Cabinet, which would have to consider the proposals, could not meet for some time due to the visit of President Pranab Mukherjee and some other reasons, Qadri said.

SASB counsel said the within 10-15 days the winter would set in and no work could be undertaken either at the shrine or on the routes after this. Acknowledging the situation, the SC said at least the paper work relating to the arrangements could be completed before the weather became conducive again for starting the work.

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