Review of death penalties
Apex court to hold open-court hearings 
Legal Correspondent

New Delhi, September 2
The Supreme Court today introduced transparency in the review of death penalty cases by agreeing to hold open court hearings by three-judge benches instead of closed-door reviews by two judges without giving a chance to the convicts to make oral arguments through their advocates.

The SC also said all appeals in death sentence cases would be heard by three judges, against the existing practice of placing these before two-member benches. It, however, rejected the plea for posting such cases for constitution benches comprising not less than five judges.

“We feel that the fundamental right to life and the irreversibility of a death sentence mandate that oral hearing be given at the review stage in death sentence cases as a just, fair and reasonable procedure,” a five-judge Constitution Bench said in a 4-1 majority verdict. Oral hearings should not be denied to death-row convicts, citing the “severe workload” of the SC, the Bench headed by RM Lodha ruled in a 62-page verdict.

While Justice RF Nariman authored the majority verdict of the bench, Justice J Chelameswar delivered the minority verdict. The other members of the Bench were Justices JS Khehar and AK Sikri.

The apex court delivered the judgment on a batch of PILs by those facing the gallows, including Mohd Arif, alias Ashfaq, involved in the Red Fort attack case and Yakub Memon, alias Tiger Memon, convicted in the 1993 Mumbai serial blasts case.

The convicts’ advocates in such cases would be allowed to argue for a maximum of 30 minutes, the SC said. This facility would be given to even those whose review petitions had already been dismissed but the execution had not taken place, but not to those whose curative pleas (the last chance given after the rejection of the review petitions) had also been rejected.

Move to ensure transparency

• Review plea of a death convict will be heard in an open court by at least a three-judge Bench instead of closed-door reviews by two judges
• The convicts’ advocates will be allowed to argue for not more than 30 minutes
• The facility will be given to even those whose review petitions had been dismissed but the execution has not taken place

After Maj Gens’ spat, Army clarifies that GoC is the boss 
Tribune News Service

New Delhi, September 2
The Army Headquarters, displeased with the manner in which two Major Generals had serious differences over protocol issues, has sent off instructions detailing who is deemed to be “in charge” at a station where more than one senior officer of the same rank is based.

The instructions stem from an incident that took place in August at Ahemadabad. Major General Dilawar Singh, Additional Director General of National Cadet Corps, and Major General SS Hasabnis, General Officer Commanding (GoC) of the 11 Division based at Ahemadabad, had a public showdown.

The instructions state that the GoC will be deemed to be the boss of the station and the final authority for all matters of the Army. Sources said there was no ambiguity, the GoC was the leader at the level of a Division of the Army and all associated activities.

Major General Dilawar Singh, who is senior to Major General Hasabnis by way of being inducted into the Army earlier, had complained against his “junior”. He had taken umbrage at the manner in which Maj Gen Hasbanis had ordered to stop the screening of Salman-starrer ‘Kick’ at the cantonment. Maj Gen Singh and his wife were reportedly sitting on seats earmarked for the GoC and his wife, the GoC arrived to watch the movie and asked Maj Gen Singh to vacate the seats. A showdown had ensued.

Before this incident, the two Major General's had another struggle. The Ahmedabad Gymkhana, a club in the city, that has the senior-most General in the station as patron of the club. Maj Gen Singh had written to the club stating he was the senior-most.

The two incidents- one at the movie and other of the Club - reached the Southern Army Command Pune. The Army headquarters intervened and expressed an opinion to both Major General's . The act of stopping of movie mid-way was not appreciated even as it was told very clearly that the GoC is the boss.

‘Love jihad’ remarks
Crack whip on Adityanath, Mishra: SP to EC
Tribune News Service

Lucknow, September 2
The Samajwadi Party has asked the Election Commission to take legal action against BJP’s star campaigners Gorakhpur MP Yogi Adityanath and Union Minister Kalraj Mishra for fanning communal passion.

In a letter to the UP Chief Electoral Officer Umesh Sinha, SP spokesperson Rajendra Chaudhury has pointed out that both the campaigners are running a divisive campaign by targeting a specific community in the name of forced conversion and ‘love jihad’.

“The video of an inflammatory speech of Yogi Adityanath on the subject has gone viral on the social media which has the potential to threaten communal harmony”, said Chaudhury.

In the letter Chaudhury points out that even Mishra was publicly claiming to make ‘love jihad’ a poll issue during the upcoming by polls to 11 assembly and one Lok Sabha seat of Mainpuri scheduled for September 13.

“These speeches of the BJP star campaigners are in violation of the model code of conduct. The EC should immediately take cognizance of them and restrain them”, urged the SP spokesperson. The Yogi who would launch his election campaign from the communally sensitive western UP from September 5 has reiterated that Hindutva issues like an effective check on conversion, love jihad and a ban on cow slaughter would be on his agenda.

They’re fanning trouble, UP CEO told

• In a letter to the UP Chief Electoral Officer, the SP claimed BJP MP Yogi Adityanath and Union Minister Kalraj Mishra were running a divisive campaign by targeting a specific community in the name of forced conversion and ‘love jihad’
• The video of an inflammatory speech of Yogi Adityanath on the subject has gone viral on the social media which has the potential to threaten communal harmony, said the SP
• The letter said Mishra was publicly claiming to make ‘love jihad’ a poll issue during the byelections to 11 Assembly and one Lok Sabha seat of Mainpuri scheduled for September 13

Rain to pick up pace in northwest: Met 

New Delhi, September 2
Rainfall activity is expected to increase in the northwest around the second half of this week. The Met office has predicted a development of low pressure area over the northwest Bay of Bengal around September 4. Along with this, a western disturbance also continues to persist as an upper air cyclonic circulation over north Pakistan and neighbourhood.

Due to this, the rainfall activity will increase over West and the Northwest, says the IMD. — TNS

Environment ministry no more a roadblock: Javadekar
Tribune News Service

We have already laid down a process which is creditable. We have made processes which are transparent and, therefore, it will be a red carpet treatment for any investment, domestic or otherwise, and a one stop window for all. Prakash Javadekar, union minister

New Delhi, September 2
In line with PM Narendra Modi’s message to the Japanese investors, Union Minister Prakash Javadekar today promised “red carpet treatment” for investors and a “one stop window for all” in the country once known for its “licence raj”.

“We have already laid down a process which is creditable. We have made processes which are transparent and, therefore, it will be a red carpet treatment for any investment, domestic or otherwise, and a one stop window for all," the minister said.

Javedkar was responding to a question on what assurance can he, as the Minister for Environment and Forests, give to investors in the wake of the PM's assurances to Japanese investors. Modi today invited Japanese investors to invest in the country, saying the era of "red tape" has been replaced by that of "red carpet" for ease of doing business. Javadekar said, “The ministry was known as one of speedbreakers, roadblocks and licence raj. The impression has been removed.”

Missing files no excuse for denying info: CIC

New Delhi, September 2
Public authorities cannot take excuse of “missing files” for denying information under the RTI Act as such claims have no legality under the transparency law for withholding records, the Central Information Commission has held.

“Unless proved the record was destroyed as per the prescribed rules of destruction/retention policy, it is deemed that record continues to be held by the public authority,” Information Commissioner Sridhar Acharyulu said in his order.

The case came before the CIC after one Om Prakash sought to know information from the Land and Building Department of the Delhi Government regarding allotment of alternative plot in lieu of his land acquired by the government.

The department admitted before the commission that the relevant file was missing and it could not be traced even though the officers personally inspected room of the department after receiving the RTI application.

The official representing the department said there was no possibility of retrieving the missing record.

In a terse order, the commissioner said loss of records that were required to be kept and maintained permanently, if considered as evidence in a case, should invite criminal complaint against officials under Section 201 of the Indian Penal Code (punishable with imprisonment which is directly proportional to seriousness of offence charged from seven to 10 years and for life.)

“Claim of file missing or not traceable has no legality as it is not recognised as exception by the RTI Act. By practice “missing file” cannot be read into as exception in addition to exceptions prescribed by RTI Act. PTI

100 days of Modi govt
BJP subverting institutions, copying us: Cong
Tribune News Service

New Delhi, September 2
The Congress today said Prime Minister Narendra Modi had not delivered on his promises in 100 days of BJP rule and accused him of compromising autonomy of institutions.

Addressing mediapersons on the completion of 100 days of BJP government, former Commerce minister and Congress' senior spokesperson Anand Sharma said, “Food inflation remains untamed. There has been an unprecedented escalation of ceasefire violations on the borders, women’s insecurity emanates from the Modi Cabinet which houses a minister accused of rape; there is no word on black money retrieval and institutions are being subverted."

The Congress cited the denial of Leader of Opposition’s post in the Lok Sabha to it and dismantling of Planning Commission to accuse the BJP Government of disrespecting institutions.

“There is no urgency to appoint the Lokpal, eminent jurist Gopal Subramaniam was not allowed to become the Supreme Court judge despite the SC collegium naming him. Most of all, the announcement to dismantle the Planning Commission was made from the Red Fort without consulting the Chief Ministers or calling a meeting of the National Development Council. A similar story is being repeated in education where there is an attempt to control the Indian Council for Historical Research and dictate the IITs through the UGC,” Sharma said.

He also accused Modi of perpetrating “administrative terrorism” by ordering that civil servants who worked under the UPA in the past 10 years would not be given important postings.

“Civil servants are apolitical but the Government is undermining their position. This is administrative terrorism. There have been circulars on appointment of private secretaries of ministers. The Appointments Committee of Cabinet which comprised three ministers now has just the PM and Home Minister and the latter is informed of appointments only post facto. There is complete centralisation of powers,” said Congress.

The Opposition also asked, "Can the BJP claim credit for improved GDP growth in the first quarter in which the Congress was in government for 55 days and the BJP 35 days,” asked Sharma.

He said the BJP had simply changed the names of several Congress programmes and not initiated new ones.

Challenging the originality of BJP's flagship Jan Dhan Yojana scheme, he said, “We had launched Swabhimaan scheme in the 2011 Budget and set a target of opening 7.5 crore accounts.”

Cong attacks move to appoint ex-CJI Sathasivam as Kerala Governor

• Slamming the move to appoint former Chief Justice of India P Sathasivam as Kerala Governor, the Congress on Tuesday wondered whether the government was "pleased" with his judgement in the Amit Shah case.
• "Why was he made? This raises a question if he has done some work, for which they are pleased. Prime Minister Modi is pleased, Amit Shah is pleased and that is why he is being honoured?," Congress spokesperson Anand Sharma told reporters in New Delhi
  

Tigers’ gene data to help track exact poaching location 
Jotirmay Thapliyal
Tribune News Service

Dehradun, September 2
Wildlife forensics in India is being developed to set up a unified genotype data profile of the tiger population in the entire country to track the poaching cases to its very geographic origin, which otherwise in not easily feasible.

Often a tiger poached in one part of the country gets confiscated in other or even across borders, making it extremely difficult for enforcement agencies to know as to where the actual poaching took place.

The unified genotype data profile here can play a vital role as it can act as a reference database in determining the origin of the poached tiger. The data profile will assist in zeroing down on the exact place from where a tiger has been poached and help track anti-wildlife activity in a region.

Wildlife Institute of India, Dehradun, under its project “Panthera tigris genome: Implications in forensics” has already examined genetic structure of big cats in various tiger landscapes of the country, including Rajaji National Park, Corbett National Park, Ranthambore Tiger Reserve and Buxa Tiger Reserve. The genotype data profiling of tigers has been completed from north up to central India in the first phase. The institute now plans to establish gene database of the tigers in other parts of the country in the second phase of the project.

WII’s senior scientist Dr SP Goyal, who is dealing with forensics, said in the absence of a wildlife forensic facility to identify species from various wildlife parts and projects, it became difficult to implement wildlife law.

He said there was a lack of reference samples and their proper preservation. He stressed sensitisation and orientation-cum-training in wildlife forensics for officers of different enforcement agencies in the country and other south-east Asian countries.

Australian PM supports uranium deal with India

Melbourne, September 2
Ahead of his visit to India, Australian Prime Minister Tony Abbott today strongly supported sealing of the much-awaited uranium export deal with the country under “suitable safeguards”.

“I make the point if we are prepared to sell uranium to Russia, and we've been prepared to do that in the past, surely we ought to be prepared to provide uranium to India under suitable safeguards,” Abbott said.

“India is a fully functioning democracy with the rule of law,” he said, adding that his government was working with India to put suitable safeguards in place.

He said Australia should be prepared to provide “support” and that is what his upcoming visit would be all about.

Abbott will arrive in Delhi on September 4 to further strengthen the strategic partnership and promote trade and investment between the two countries.

Earlier, Australian trade minister Andrew Robb, who will accompany Abbott on his India visit, said, “We have satisfied ourselves that the steps are in place.”

Media reports recently said the two sides had reached the deal on the civil nuclear agreement, which would be formally signed by Prime Minister Abbott during his visit. — PTI

Jaitley operated upon for diabetes

New Delhi, September 2
Union Finance Minister Arun Jaitley today underwent a planned elective laparoscopic procedure for diabetes management at a private hospital here. He is fine and will be discharged in a day or two.

Jaitley is a diabetic for past 30 years and on insulin for the last 10 years. A series of tests were carried out before the procedure. “The surgery was done laproscopically and is normally called gastric bypass. His (Jaitley’s) diabetic control was not well but now we expect him to be off insulin,” said Dr Pradeep K Chowbey, who is director of Institute of Minimal Access, Metabolic and Bariatric Surgery at Max Hospital. TNS

DA case: Retd Brigadier gets two-year RI

New Delhi, September 2
A Delhi court has sentenced a decorated retired Indian Army Brigadier to two years of rigorous imprisonment in a disproportionate assets case involving Rs 68 lakh.

Special CBI Judge Dinesh Kumar Sharma convicted Brigadier Samir Baron Ray (retd) under different sections of te Prevention of Corruption Act (PCA) for possessing assets worth Rs 68.09 lakh disproportionate to his known sources of income.

“I consider that taking into account the entire facts and circumstances of the case, the convict is sentenced with rigorous imprisonment for a term of two years and fine of Rs 5 lakhs,” the judge said.

The court, however, granted bail and suspended Ray’s sentence till October 1, 2014, while directing him to furnish personal bond of Rs 25,000 with one surety of the like amount.

The Central Bureau of Investigation (CBI) had registered a case on August 31, 2008 against Ray, the then deputy director general, Ordinance Services, posted at Integrated headquarters of Ministry of Defence (Army), Delhi, alleging he had amassed assets worth several lakhs of rupees in his name as well as in the name of his family between April 1, 2000 and August 31, 2008.

Ray had joined the Army in 1973 and was promoted to the rank of Brigadier in 2005. He retired on August 31, 2008. — PTI

tatra case
CBI gets notice on Tejinder’s bail plea

New Delhi, September 2
The Delhi High Court today sought CBI’s response to the bail plea of Lt Gen (retd) Tejinder Singh, arrested for allegedly offering a bribe of ~14 crore in 2010 to the then army chief Gen VK Singh for clearing the purchase of 1,676 sub-standard trucks.

The judge asked CBI to file its affidavit by September 4. Lt Gen Singh has challenged the trial court order sending him to custody till October 20. — TNS

Videographers will fly to Japan to record Bose’s past

Tokyo, September 2
India will send a team of videographers to Japan to record the accounts of the Japanese people who have been close to nationalist leader Subhash Chandra Bose when he was in this country, Prime Minister Narendra Modi said today.

“When I talk about Subash Chandra Bose, there will be many here who reminisce him and his memories,” said Modi while addressing a programme organised by Japan-India Association on the fourth-day of his Japan visit.

The Prime Minister referred to a 93-year-old gentleman among the audience who had once worked with Bose, and still recalls incidents associated with him.

The Prime Minister said he had asked the Indian Ambassador in Tokyo, Deepa Gopalan Wadhwa, to depute a professional team with him for a month, so that a video recording could be made of his interviews.

He noted that the Japan-India Association is 110 years old – in fact, older than any other such association in Japan. During the Second World War, Bose joined hands with the Japanese in Myanmar to drive the British out of the sub continent.

Bose died on August 18, 1945 in Taiwan after suffering serious injuries in a plane crash towards the end of World War II. Modi is on a five-day visit to Japan to build the strategic relationship between the two countries. — PTI

The man who worked with Netaji

• While addressing a programme organised by the Japan-India Association, the Prime Minister referred to a 93-year-old gentleman among the audience who had once worked with Bose, and still recalls incidents associated with him
• Modi said he had asked the Indian Ambassador in Tokyo, Deepa Gopalan Wadhwa, to depute a professional team with him for a month, so that a video recording could be made of his interviews

tokyo takes

PM breaks security cordon

PM Narendra Modi broke the security cordon and mingled with Indian admirers, shaking hands and giving autographs. Modi was coming out of the Indian Embassy after inaugurating the Vivekanand Centre when he saw a few admirers raising slogans for him outside the complex.

Gita gift for Emperor Akihito

Modi took a dig at his "secular friends" over his gifting a copy of 'Bhagvad Gita' to Japanese Emperor Akihito, saying they could kick up a storm and trigger TV debates back home. "For gifting, I brought a Gita. I do not know what will happen in India. There may be a TV debate. Our secular friends will create storm," he said.

New TCS training initiative

Narendra Modi inaugurated TCS Japan Technology and Culture Academy, which will work to enhance technology and cultural knowledge between IT professionals of the two nations. Modi also flagged off the first batch of 48 TCS Japan trainees, who will visit India for 6-8 week training at various TCS locations.

Modi talks to varsity students

Narendra Modi stressed the need for women's empowerment in the present-day world as he began the fourth day of his visit to Japan. Modi, who was addressing students of the Sacred Hearts University here, said he has always given a lot of importance to girl child education.

Centre plans to take RuPay to global level
Mulls launching a RuPay credit card valid in India, abroad
Vibha Sharma
Tribune News Service

New Delhi, September 2
The Narendra Modi government is planning to take India’s payment gateway — RuPay — to the next level to give international networks such as Visa and MasterCard a real run for their money.

Sources in the BJP say the government is planning to make RuPay debit card operational on foreign shores and also along with it launch a RuPay credit card that would not only be valid in ATMs and shops in India but also abroad. “China has its own system and so does Russia. If India wants to become an economic force to reckon with, it needs to have its own internationally acceptable bankcard payment system,” a source said.

Sources say the aim is to promote domestic RuPay debit card as an alternative to MasterCard and Visa on the pattern of Chinese UnionPay card. This could help domestic banks and retailers cut down transaction costs by at least 50 per cent and save outflow of millions of dollars to overseas US-based companies.

Every time a customer uses a debit or a credit card, the company which owns it benefits by earning the transaction money.

According to a report by the Internet and Mobile Associations of India, about one-third of digital payments in India, estimated at $20 billion this year, are through debit cards, followed by 21 per cent through credit cards.

Unlike the MasterCard and Visa, who route all domestic transactions through overseas servers, RuPay uses local servers, bringing down the costs. Promoting a domestic bankcard payment network will save outflow of forex reserves and satisfy security concerns, sources say.

In the second step, the government plans to make its usage possible abroad. While it may not be easy to convert higher income group customers to RuPay, government sources say thousands of lower-income Indian workers who go abroad every year can make use of the facility.

Under the Jan Dhan Yojana, banks will open new bank accounts to cover unbanked households and issue RuPay debit cards for transactions. RuPay is issued by the National Payments Corporation of India, a company promoted by the RBI and local banks that will pay the premium from transactions on cards, to provide accidental insurance of Rs 1 lakh to account holders.

Chinese media on Modi’s remarks

Beijing/Tokyo, September 2
Prime Minister Narendra Modi's remarks in Japan of an "expansionist" mindset of some countries have riled the Chinese official media which said the Indian leader is more "intimate with Tokyo emotionally" but he himself today preferred to sidestep a question on the issue.

On the contrary, a Japanese paper feels "concerns" about China were apparently major stumbling block in the inconclusive summit talks between Modi and Japanese PM Shinzo Abe yesterday. — PTI

Ex-AG Vahanvati passes away

Mumbai, September 2
Former Attorney General of India G E Vahanvati, the first Muslim to become the top law officer of the country, died here today following a heart attack aged 65. Goolam Essaji Vahanvati is survived by his wife and son, Maharashtra’s Advocate General Darius Khambata said.

Vahanvati was appointed the 13th Attorney General in June 2009 for a three-year term by the UPA government.

In 2012, the term was extended by another two years.

He resigned on May 27 after the BJP-led government headed by Narendra Modi assumed power.

Prior to his appointment as top law officer, Vahanvati had served as the Solicitor General of India between June 20, 2004 and June 7, 2009. He was earlier the Advocate General of Maharashtra.

Born on May 7, 1949, Vahanvati obtained a law degree from Government Law College in Mumbai after graduating from St. Xavier’s College.

Vahanvati was suffering from a lung infection for some time and was admitted to a city hospital. — PTI