SPECIAL COVERAGE
CHANDIGARH

LUDHIANA

DELHI


THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Law Ministry to control AFT: High Court
Chandigarh, January 8
The Punjab and Haryana High Court today ordered that the Armed Forces Tribunal (AFT) be shifted from the administrative control of the Ministry of Defence to the Ministry of Law.

Foeticide: SC summons health secretaries of Punjab, Haryana
New Delhi, January 8
The Supreme Court today summoned the Health Secretaries of Punjab, Haryana, Delhi and four other states to explain the falling ratio of girl children despite the ban on sex selective abortions.

SC notice to Amitabh in I-T case
New Delhi, January 8
The Supreme Court today issued notice to Amitabh Bachchan on an appeal filed by the Income Tax Department, contending that the actor had earned Rs 26.29 crore in 2000-01 by hosting the television show, Kaun Banega Crorepati (KBC), and not Rs 6.09 crore as declared in his revised tax return.

Delhi’s shame
MHA sets terms of reference for probe
New Delhi, January 8
The Ministry of Home Affairs has set terms of reference for inquiry launched into the allegations raised by the eyewitness of the gang-rape incident of December 16.

PC not to appear before JPC in 2G case
New Delhi, January 8
As it became evident that Finance Minister P Chidambaram would not be called to depose before the Joint Parliamentary Committee (JPC) inquiring into the 2G spectrum allocation scam, the former CAG official RP Singh and Attorney General have been called to depose before the committee on January 22.




EARLIER STORIES



 

Ensure sanctity of LoC, India tells Pak
New Delhi, January 8
India today denied that its troops had violated the Line of Control (LoC) in the Rampur sector on Sunday morning and asked Pakistan to ensure that the sanctity of the LoC was upheld at all times.

Maximum temp rises in plains
New Delhi, January 8
A day after the plains of North reeled under below-normal temperatures, situation improved to tolerable levels with an increase in maximum temperatures in some parts.

Cop’s death
Police asks govt to set up medical board
New Delhi, January 8
The Delhi Police has asked the Delhi government to set up a medical board to examine the various versions and to determine if there was a variance in different sets of medical documents which describe the death of constable Subhash Tomar. Tomar died after being allegedly attacked near the India Gate on December 23 leading to his death. Rioters among those who had come to protest against the December 16 gang rape in Delhi are suspected to have attacked Tomar.

India to raise N-reactors’ cost to address concerns
New Delhi, January 8
Ahead of External Affairs Minister Salman Khurshid’s visit to France later this week, India today indicated that it was considering increasing the cost of nuclear reactors to address the concerns of its nuclear partners over the liability clause in the country’s civil nuclear liability law.

Chargesheet filed against 16 in Meghalaya gang rape
Guwahati, January 8
All 16 persons accused in the gang rape of a 18-year-old student at Williamnagar on December 13 last year have been chargesheeted by the police, who have submitted the same to the local district court at Williamnagar.

Vaghela not keen on Oppn Leader’s post 
Ahmedabad, January 8
Even as the post of the Leader of the Opposition in the Gujarat Assembly has remained wide open, the senior-most Congress leader to be elected in the just-concluded Assembly elections, Shankarsinh Vaghela, is believed to be reluctant to take the seat.

Dedicate 2013 to safety of women
Lucknow, January 8
Calling upon the nation to dedicate 2013 to the safety, security and dignity of mothers, sisters and daughters, President Pranab Mukherjee today said a country where women were not respected could not claim to be a civilised society.

Dhule death toll rises to five
Mumbai, January 8
The death toll from Sunday's communal violence in the town of Dhule, 350 km from here has risen to five, with one more person succumbing to his injuries early this morning, police said.

Jagan case: ED attaches assets worth Rs 143 cr
Hyderabad/New Delhi, Jan 8
In a fresh crackdown on YSR Congress party chief Jagan Mohan Reddy and his associates, the Enforcement Directorate today attached assets worth Rs 143.74 crore in connection with its probe in the money laundering case against him.

Three teachers held for molesting schoolgirl
Mumbai, January 8 The Mumbai police registered a case against three teachers of a school in Wadala in suburban Mumbai today for allegedly molesting a 15-year-old girl student, the police said.

 

 





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Law Ministry to control AFT: High Court
Vijay Mohan/TNS

Chandigarh, January 8
The Punjab and Haryana High Court today ordered that the Armed Forces Tribunal (AFT) be shifted from the administrative control of the Ministry of Defence to the Ministry of Law.

Taking stock of the legal position and earlier directions by the Supreme Court, a Division Bench comprising Chief Justice AK Sikri and Justice RK Jain ruled: “Insofar as the Armed Forces Tribunal is concerned, there is hardly any issue that it be brought under the control of Department of Justice in the Ministry of Law and Justice. Mechanism for control over the Armed Forces Tribunal can be worked out by the Department of Justice. Accordingly, we issue a direction to this effect.”

Stating that the AFT Act does not specify as to which ministry should wield control over it, the Bench observed that tribunals in India have not achieved full independence. “The apex court has observed that unless a wholly independent agency of all such tribunals is set up, it is desirable that all such tribunals, as far as possible, be under a single nodal ministry, which will be in a position to oversee the working of these tribunals. For a number of reasons that ministry should appropriately be the Ministry of Law,” the Bench said.

The judgment, according to legal experts, would go a long way in establishing the independence of judicial functioning through separation of the Judiciary from the Executive. At present, the AFT functions under the MoD, which is a respondent in all cases filed before the tribunal.

A public interest litigation filed by Navdeep Singh, a local lawyer, had pointed out that the Supreme Court had already held that tribunals could not be made dependent on the sponsoring or parent ministries and to ensure their independence they could only be supervised by the Law Ministry.

The petition had contended that all orders by the AFT were to be passed against the MoD and the same ministry had been made the parent controlling ministry of the tribunal, wielding all pervasive control over the AFT, including appointments, funding, rule-making and infrastructure, thereby making it seem more of an extension of the state rather than an independent judicial body.

The petition also pointed out that non-appointment of judicial members after their retirement had resulted in absolute absence of judicial remedy to serving and retired personnel at some places. The Chandigarh Bench, having the largest jurisdiction of five states was also partially functional with only one judicial member appointed out of three.

The petition had sought provisioning of proper infrastructure, accommodation and courtesy to the institution of AFT and its members. 

Big change

  • Currently, the AFT functions under the MoD, which is a respondent in all cases filed before the tribunal.
  • The judgment, according to legal experts, would go a long way in establishing the independence of judicial functioning through separation of the Judiciary from the Executive.
  • A PIL filed by Navdeep Singh, a lawyer, had pointed out that the SC had already held that tribunals could not be made dependent on the sponsoring or parent ministries and to ensure their independence they could only be supervised by the Law Ministry 

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Foeticide: SC summons health secretaries of Punjab, Haryana
R Sedhuraman
Legal Correspondent

New Delhi, January 8
The Supreme Court today summoned the Health Secretaries of Punjab, Haryana, Delhi and four other states to explain the falling ratio of girl children despite the ban on sex selective abortions.

The other Health Secretaries, who will have to appear in the SC on February 12, are of Rajasthan, Uttar Pradesh, Bihar and Maharashtra.

A Bench comprising Justices KS Radhakrishnan and Dipak Misra passed the order on a PIL filed by the Voluntary Health Association of Punjab, seeking proper enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, 1994.

The Bench said for the time being it would take up the implementation of the Act in the seven states which showed an alarming decline in the female sex ratio.

Appearing for the PIL petitioner, senior counsel Colin Gonsalves said most of the states were not seriously implementing the1994 law which was evident from the negligible number of prosecutions and very few convictions. This was also clear from the unabated fall in the ratio of girl children.

Recording Gonsalves’ assertions in the order, the Bench pointed out that even complaints against sex selective abortions were not being registered. In some states, not a single prosecution had been reported. “It shows that the authorities are not taking any proper steps to curb the menace” of such abortions.

The Bench noted that besides the law the SC had issued directives to the government to check the falling ratio of girl children.

The PCPNDT Act had made sex selective abortions illegal. Parliament modified this in 2003 holding medical professionals legally responsible for such abortions.

The ratio of the girl children in the country had been declining steadily. In 1981, there were 104 boys for every 100 girls. The ratio of boys had gone up to 105.8 in 1991, to 107.8 in 2001 and to 109.4 in 2011.

The situation was the worst in Punjab and Haryana in 2001. Punjab had as many as 126.1 boys for every 100 girls and the corresponding figure for Haryana was 122.

Additional Solicitor General Indira Jaisingh told the Bench that it was the responsibility of the states to enforce the central law. She suggested that the enforcement model of the best performing state should be replicated by other states.

The Bench suggested awareness campaigns to make the people realise the need to maintain an equal ratio of male and female children. At this, the ASG said it was unfortunate that the ratio of girl children was falling drastically in the affluent states of Punjab and Haryana.

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SC notice to Amitabh in I-T case
Legal Correspondent

Amitabh Bachchan
Amitabh Bachchan

New Delhi, January 8
The Supreme Court today issued notice to Amitabh Bachchan on an appeal filed by the Income Tax Department, contending that the actor had earned Rs 26.29 crore in 2000-01 by hosting the television show, Kaun Banega Crorepati (KBC), and not Rs 6.09 crore as declared in his revised tax return.

A Bench of Justices DK Jain and Madan B Lokur sought Bachchan’s response to the government appeal challenging the Bombay High Court’s February 29, 2012 verdict that was in the actor’s favour.

Bachchan had filed his first return in October 2001, showing his come as Rs 4.62 crore. He filed a revised return in October 2001 declaring his total income at Rs 6.09 crore. He had then stated that only 30 per cent of the Rs 23 crore earned in that financial year belonged to him, while the remaining 70 per cent had gone to his company, AB Corporation Ltd. 

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Delhi’s shame
Friend's allegations
MHA sets terms of reference for probe
Tribune News Service

New Delhi, January 8
The Ministry of Home Affairs has set terms of reference for inquiry launched into the allegations raised by the eyewitness of the gang-rape incident of December 16.

Awindra Pandey, the male friend of the victim, had alleged late arrival and non-responsive behaviour of PCR vans.

The MHA, which controls the Delhi Police, wants to find out how the bus used in the crime continued to operate on the road even after being challaned several times by the police.

IAS officer Veena Kumari Meena, a Joint Secretary in the MHA, will look into the allegations and submit a detailed report within seven days, sources said.

The terms of reference of the inquiry will be to "specifically look into the time taken by the PCR vans to reach the scene and whether or not they delayed taking action by discussing jurisdiction or any other issue. It should also be inquired if the PCR policemen took necessary action as warranted”.

It will further establish if the bus could have been confiscated after the cancellation of registration and if not the reasons thereof, the MHA directive says.

The role of the Safdarjung Hospital staff in dealing with the victims should also be looked into, it adds.

Lastly, the inquiry will look into the recent newspaper report regarding non-responsiveness of helpline number “100”.

On January 4 Awindra Pandey spoke for the first time in front on the television and alleged shocking apathy by Delhi Police officials and also bemoaned public apathy after the two had been badly injured and thrown out of the bus.

The victim’s friend rued the fact that three PCR vans arrived at the scene after about 30 to 45 minutes, but wasted time in deciding the jurisdiction of the case. He said nobody, including the police, gave them clothes or called an ambulance.

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PC not to appear before JPC in 2G case
Girja Shankar Kaura/TNS

New Delhi, January 8
As it became evident that Finance Minister P Chidambaram would not be called to depose before the Joint Parliamentary Committee (JPC) inquiring into the 2G spectrum allocation scam, the former CAG official RP Singh and Attorney General have been called to depose before the committee on January 22.

Briefing reporters after the committee meeting here today, JPC chairman PC Chacko clarified that there had been no demand for calling Chidambaram and that over the next five sittings the examination of witnesses would be completed by February 12.

When asked specifically whether Chidambaram would be called, Chacko stressed that there had been no demand again for it. He also said that the JPC report would be ready by mid-April and there were enough witnesses in line who were yet to be examined.

He said the examination of RP Singh was demanded by the committee members in view of his recent statements on the 2G spectrum allocation and that is why he was being summoned on January 22. Pointing out that if need be the committee would have two sessions in a day, Chacko said the JPC will now meet on every Tuesday to complete its task within the stipulated time. He also said the Attorney General would also be called on January 22 in the second round of the committee meeting.

The decision to summon Singh again was taken despite Chacko having stated to the media in the past that the former CAG member’s statements to the media and to the JPC were identical.

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Ensure sanctity of LoC, India tells Pak
Tribune News Service

New Delhi, January 8
India today denied that its troops had violated the Line of Control (LoC) in the Rampur sector on Sunday morning and asked Pakistan to ensure that the sanctity of the LoC was upheld at all times.

“We deny that Indian troops had crossed the LoC in the Rampur sector, or had violated the ceasefire,” MEA spokesman Syed Akbaruddin said.

His comments came a day after India's Deputy High Commissioner in Pakistan was summoned by the country's Foreign Office to register its protest on what it alleged as an "unprovoked attack" on one of its border posts by Indian troops.

The Indian spokesman said the fact of the matter was that in the early hours of January 6, Pakistan troops in the sector commenced unprovoked firing on Indian troops. The roof of a civilian house in Churunda village was damaged in the Pak mortar fire. Indian troops undertook controlled retaliation in response.

He said India was strongly committed to the sanctity of the LoC, describing it as the most important Confidence Building Measure between the two countries. He said the Director Generals for Military Operations (DGsMO) of both sides have spoken to each other over Sunday's incident.

The Pakistani authorities must ensure that such incidents of unprovoked firing across the LoC did not recur, the spokesman added.

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Maximum temp rises in plains
Tribune News Service

New Delhi, January 8
A day after the plains of North reeled under below-normal temperatures, situation improved to tolerable levels with an increase in maximum temperatures in some parts.

But the cold wave conditions persisted over many parts of Haryana, Uttar Pradesh, east Rajasthan and Bihar and isolated pockets of west Rajasthan and Punjab.

The lowest minimum temperature of 1.0 °C was recorded at Churu (Rajasthan) and Agra (Uttar Pradesh) in the plains.

The Indian Meteorological Department has predicted ground frost conditions over some parts of Punjab, Haryana, Delhi, Uttar Pradesh, north Rajasthan and northwest Madhya Pradesh during the next two nights.

It also expects the cold wave conditions to prevail over some parts of Punjab, Rajasthan, Haryana, Chandigarh, Delhi, Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Vidarbha, north Maharashtra, Bihar and West Bengal for the next 48 hours. 

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Cop’s death
Police asks govt to set up medical board

New Delhi, January 8
The Delhi Police has asked the Delhi government to set up a medical board to examine the various versions and to determine if there was a variance in different sets of medical documents which describe the death of constable Subhash Tomar. Tomar died after being allegedly attacked near the India Gate on December 23 leading to his death. Rioters among those who had come to protest against the December 16 gang rape in Delhi are suspected to have attacked Tomar.

The Delhi Police wants to examine and determine if there were any discrepancies between the medical documents prepared at the time of the treatment of Tomar and the subsequent autopsy report.

There was a big controversy on the cause of Tomar’s death. His post-mortem report reveals that he had sustained injuries on his chest, neck and stomach by a blunt object. The injuries caused a heart attack that led to his death. Dr TS Sidhu, Medical Superintendent (MS) of the Ram Manohar Lohia (RML) Hospital, where the cop was admitted, however, told reporters that he didn’t sustain any major injury. — TNS

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India to raise N-reactors’ cost to address concerns

New Delhi, January 8
Ahead of External Affairs Minister Salman Khurshid’s visit to France later this week, India today indicated that it was considering increasing the cost of nuclear reactors to address the concerns of its nuclear partners over the liability clause in the country’s civil nuclear liability law.

MEA spokesman Syed Akbaruddin suggested that techno-commercial negotiations over nuclear reactors with countries like the US, France and Russia could lead to escalation in the cost of the nuclear projects. The spokesman, however, made it clear that there was no question of making any changes in the law passed by Parliament. — TNS

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Chargesheet filed against 16 in Meghalaya gang rape
Bijay Sankar Bora/TNS

Guwahati, January 8
All 16 persons accused in the gang rape of a 18-year-old student at Williamnagar on December 13 last year have been chargesheeted by the police, who have submitted the same to the local district court at Williamnagar.

East Garo Hills district Deputy Commissioner VK Mantri said out of the 16 accused in the case, eight were adults while rest eight turned out to be juveniles. Action will be taken against the juveniles under the Juvenile Justice Act. All the eight adult accused were in the age group of 18 and 22, who had been in jail facing charges of assault and rape.

The victim who is a student of a local high school on the outskirts of Williamnagar, the district headquarter, was raped by a group of young men on December 13 when she was on her way back home after attending celebrations organised to observe a local tribal festival called Simsang.

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Vaghela not keen on Oppn Leader’s post 
Manas Dasgupta

Ahmedabad, January 8
Even as the post of the Leader of the Opposition in the Gujarat Assembly has remained wide open, the senior-most Congress leader to be elected in the just-concluded Assembly elections, Shankarsinh Vaghela, is believed to be reluctant to take the seat.

Vaghela was considered to be the automatic choice for the post, if willing, after the defeat in the elections of the two former leaders of the Opposition, Shaktisinh Gohil, who was the leader in the outgoing House, and Arjun Modhvadia, his predecessor. Modhvadia was the president of the state Congress but following his defeat in the elections, he submitted his resignation to the party high command, but a decision on accepting his resignation and to find his successor is still pending.

Another senior party leader, Siddhartha Patel, the son of the former chief minister Chimanbhai Patel, too was defeated in the elections, while the former deputy chief minister Narhari Amin was not considered for a ticket and he quit the Congress to cross over to the BJP.

Vaghela was learnt to be unwilling to accept the office of the Leader of the Opposition, which enjoyed the status of a minister of state, particularly because he will have to sit opposite, and a lesser dignified chair, to his most bitter enemy, chief minister Narendra Modi. Vaghela, who was one of the founder leaders of the erstwhile Jana Sangh and later the BJP in Gujarat, along with another former chief minister Keshubhai Patel, was a much senior leader in the Sangh Parivar hierarchy and would find it tough to play second fiddle to his arch enemy.

Vaghela is currently in Delhi lobbying with the high command leaders to decide his political future. He would have been the strongest claimant for the chief minister's post if the Congress had succeeded in turning the table this time, particularly after the high command appointed him the chief of the election campaign committee and under his leadership the party fought a close fight against Modi.

But with the party's fate sealed at least for the next five years, Vaghela is believed to be keen to contest the coming Parliamentary elections, and if the luck favoured him and the UPA, become a minister at the centre. He is also reported to have set his eyes for the Sabarkantha Lok Sabha seat in north Gujarat where his close aide Madhusudan Mistry has lost the last Parliamentary election by a very narrow margin after representing the constituency in the 2004-09 Lok Sabha.

Incidentally, in the Assembly elections much against the expectations, the Congress won six of the seven Assembly seats falling under the Sabarkantha Lok Sabha constituency. In the 2009 Parliamentary elections too, Mistry had taken lead in four of the seven Assembly segments but yet had to bite the dust against his BJP opponent. The last three elections give an indication that the tribal-dominated Sabarkantha constituency was favouring the Congress and Vaghela is keen to make best of it.

For the time being, Vaghela would be keen to be appointed the president of the state Congress to replace Modhvadia. However, the "original" Congress group within the party is certain to oppose the move as Vaghela is considered to be one of the "intruders" in the party having crossed over to the Congress about a decade ago by merging his erstwhile Rashtriya Janata Party he formed after quitting the BJP.

If Vaghela did not accept the post of the leader of the opposition, the high command would face a tough task to select one from other strong claimants for the post who included Vithhal Radariya, who resigned his Lok Sabha seat on being elected to the state Assembly, Mohansinh Rathwa, a former minister and a very senior MLA, and Punjabhai Vansh, also a consistent winner in the Assembly elections. A decision, however, is expected only after January 15 when the current "inauspicious month" would end. 

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Dedicate 2013 to safety of women
Tribune News Service

Lucknow, January 8
Calling upon the nation to dedicate 2013 to the safety, security and dignity of mothers, sisters and daughters, President Pranab Mukherjee today said a country where women were not respected could not claim to be a civilised society.

Addressing legislators and distinguished guests at the 125th anniversary celebrations of the Uttar Pradesh Assembly in the Vidhan Sabha premises here today Mukherjee didn’t mince words in admitting that he was ashamed of what happened in Delhi. There was neither justification nor any excuse to explain it.

“If a nation can not respect its women it is not a civilised society as that is the fundamental principle of all societies. This cannot be done by laws alone. We have to bring in changes in our culture, systems, and our way of life, he said. 

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Dhule death toll rises to five
Tribune News Service

Mumbai, January 8
The death toll from Sunday's communal violence in the town of Dhule, 350 km from here has risen to five, with one more person succumbing to his injuries early this morning, police said.

Police officials in the town say they are still to establish the identity of the victim. At least 30 people are still admitted to various hospitals with bullet wounds. Others were injured from various missiles and also suffered stab wounds, according to the police control room at Dhule.

According to the state home ministry, curfew continued for the third day today as the local police apprehended further trouble from a section of the population.

The Maharashtra government which ordered a magisterial inquiry into the riots on Monday today rushed Additional Director General of Police Ahmad Javed to Dhule to take stock of the situation. Javed is expected to brief Chief Minister Prithviraj Chavan and other officials in a day or two, according to sources.

Meanwhile, the Maharashtra government is probing the role of the state unit of the Samajwadi Party in whipping up communal passions in Dhule. Speeches made by its leader Abu Azmi attacking the local police are being scanned by the authorities. Azmi last addressed a public meeting in that town in October. Azmi has been accusing the police of targeting members of the minority community and demanding action against police personnel.— TNS

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Jagan case: ED attaches assets worth Rs 143 cr

Jagan Mohan
Jagan Mohan

Hyderabad/New Delhi, Jan 8
In a fresh crackdown on YSR Congress party chief Jagan Mohan Reddy and his associates, the Enforcement Directorate today attached assets worth Rs 143.74 crore in connection with its probe in the money laundering case against him.

The ED attachment order, under criminal provisions of the Prevention of Money Laundering Act (PMLA), comes in less than four months after the agency first issued two separate attachment orders of Rs 51 crore and Rs 71 crore respectively against the Kadapa Member of Parliament and others involved in this disproportionate assets case.

Today's order has been issued against the Ramky group which the ED order alleges earned "proceeds of crime" by alleged illegal favours done by the then AP Government. The case pertains to the tenure of Jagan's father and former chief minister YS Rajasekhara Reddy, who died in a helicopter crash in 2009. — PTI

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Three teachers held for molesting schoolgirl

Mumbai, January 8
The Mumbai police registered a case against three teachers of a school in Wadala in suburban Mumbai today for allegedly molesting a 15-year-old girl student, the police said.

The three teachers, identified as Madan Khandekar (23), Deepak Avhade (26) and Kishore Badgar (23), of JK Knowledge Centre Mahavidyalaya School were arrested after the female student of the school filed a police complaint. — PTI

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BRIEFLY

2 killed as Maoists blast landmine
Latehar:
A day after the rebels had killed seven CRPF men, two villagers were killed on Tuesday when Maoists triggered landmine blast during an encounter with the securitymen in Jharkhand's Latehar district. — PTI

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