|Thursday, April 13, 2000,
HC cannot quash FIR : SC
Statute review: Congress to hold
Jauhar chief of World Punjabi
Shanta hails hike in
apple import duty
Congress should join
Germany begin talks
NEW DELHI, April 12 In the backdrop of an Indo-German structured bilateral strategic dialogue beginning today, Bonn said India had several legitimate reasons to be a permanent members of the reformed UN Security Council and hinted at lifting the ban on the development aid discontinued after the Pokhran II nuclear tests in May, 1998.
There are legitimate reasons for India and Germany to be members of the UN Security Council in the future composition as it would be in consonant with the realities of the world, the visiting German State Secretary, Dr Wolfgang Ischinger, said here while addressing a press conference which was also addressed by the Foreign Secretary, Mr Lalit Mansingh.
In a joint press statement, the two sides said: By initiating this strategic dialogue, which is to take place bi-annually alternately in the two countries, India and Germany demonstrated their intention to work together to meet the challenges at the beginning of the new century.
The issues discussed at the inaugural session, which would also figure in subsequent sessions of the strategic dialogue, included those related to global and regional security and stability, disarmament and non-proliferation, world economy and trade, the reform of the United Nations and concerted efforts to combat international terrorism, the statement said.
Referring to the resumption of the development aid, Dr Ischinger said we are thinking about it. It would be done in consultation with India, he said, adding that I believe that we will need to adopt our approach in the area of aid in tomorrows perspective. Indias needs are going to be different than they were 50 years ago, he pointed out.
The proposed introduction of green card is one example which would enable qualified Indian information technology experts to go to Germany, Dr Ischinger said, adding that it is a now a two-way street. It will open the doors for Indian specialists in high technology areas, he said.
The fight against international terrorism and narco-terrorism also figured in the bilateral talks. We are working with India to counter terrorism, which has posed a serious challenge to world peace, Dr Ischinger said.
Expressing hope that year 2000 would be known as a German yearin India, the visiting State Secretary said a six- month German festival would be inaugurated by the German President, Mr Johannes Rau, in September this year.
The German Foreign Minister, Mr Jocshka Fischer, is coming to India next month on his first trip to Asia, Dr Ischinger said.
Mr Lalit Mansingh said Germany sees India as an anchor of stability in the region. He said his talks with his German counterpart were very fruitful as they had helped to deepen and enhance bilateral relations in a number of areas.
Dr Ischinger said we believe there is enormous untapped potential in a number of areas particularly in the field of academic and scientific exchanges.
Asked about a 28 per cent rise in Indias defence expenditure in this years Budget, Dr Ischinger virtually justified it saying that there was a demand in his own country to increase the defence spending.
opens Kiran Bedis site
NEW DELHI, April 12 China is witnessing a change in its entire approach towards Tibet and an amicable solution to the decades-old problem is possible, the Tibetan spiritual leader, the Dalai Lama said here today.
Talking to newspersons here after launching a website on the countrys first woman police officer, Dr Kiran Bedi, the Dalai Lama said China today is not what it was twenty years ago. It has changed much and is in the process of change. As a result, there is more awareness about Tibetan issues among the Chinese intelligentsia. They have begun to show solidarity and are expressing support to my approach to the Tibetan issue, he said.
The Dalai Lama said that the situation was grave and difficult in Tibet. From a wider perspective, Marxist, even non-Marxist totalitarian regimes are on the decline. The Tibetan spirit is very strong. Judging all these factors, there is hope for a peaceful solution.
Replying to a question, the Dalai Lama said over the past 41 years, the Indian Government had done its best in rehabilitating and educating the Tibetan refugees. I always feel that while Indias own children have remained without food and education, the government has looked after Tibetan refugees.
He added that the Indian Government had been over-cautious in its approach to China and Tibet.
Launching the website, the Dalai Lama said he was happy that technology was being used for a meaningful purpose. Referring to Dr Kiran Bedi as a guru of prisoners, the Dalai Lama complimented her on her wonderful work aimed at bringing about prison reforms. He said a prisoner was also a human being and had the right to be happy. Apart from a potential for destructive action, criminals have a potential for improving themselves. It is wrong and unfair to eliminate the possibility of change and transformation. That is why I have always opposed the death sentence, he said.
Explaining the contents of the website, Magsaysay Award winner, Dr Kiran Bedi said the project was conceptualised by Value Web Computers six months back. The website was designed to give complete information of her work in the past three decades.
Apart from this, it is an instrument of empowering the man on the street.
Dr Bedi, who is presently Joint Commissioner of Police, Training, said the website would also offer a grievance redressal mechanism whereby the complaints made by persons would be forwarded to the police stations concerned. She hoped that Indians living abroad would also find answers to their legal problems on the site.
A feature section on the site would provide surfers information on various acts of law, functioning of the police and other law enforcing agencies. The first such feature is on the first information report and provides answers to frequently asked questions related to FIR. A person who wants to lodge an FIR can also download a printout of the FIR format available on the site.
The site has a feedback section which offers solutions and clarifications to problems related to law.
According to Dr Bedi, any person who has been turned away by policemen can contact her at www. kiranbedi.com.
NEW DELHI, April 12 (PTI) The Supreme Court has ruled that a high court cannot quash an FIR even if the person who forwarded the complaint to police had no authority to do so.The Calcutta police had registered an FIR against one Narayan K. Patodia after the Bureau of Investigation (BI) of the West Bengal Government forwarded a complaint to the police against him on charges of impersonation in a case regarding obtaining permits for import of spices at concessional sales tax.
The high court had quashed the FIR saying the BI was the only competent authority to investigate into any alleged evasion of sales tax or malpractices related to sales tax and the police had no authority to register the FIR.
Allowing the appeal of the West Bengal Government against the Calcutta High Court, a Division Bench of the apex court comprising Mr Justice K.T. Thomas and Mr Justice D.P. Mohapatra said, How could the FIR be quashed if the investigating agency should have been different?
By lodging an FIR alone no investigation is conducted by the police. It is the first step towards starting investigation. If the high court was of the opinion that investigation had to be conducted by the bureau then also there was no need to quash the FIR, the Bench observed.
Writing the judgement, Mr Justice Thomas said, Anyway we take the view that as offences under the Indian Penal Code (IPC) are also involved, efficacious investigation can be conducted by entrusting it to the police.
Mr Justice Thomas said as in this case, if offences falling under the IPC or any other enactment were also detected during the investigation conducted by the BI, there is no inhibition to pass over the investigation to the regular police.
The apex court ruled that the high courts inherent powers under Section 482 of the Criminal Procedure Code (CrPC) were reserved to be used to give effect to any orders under the code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
It is unfortunate that the single judge of the Calcutta High Court overlooked the reality that by quashing the FIR in the case, the high court did not achieve any one of the above factors, Mr Justice Thomas said.
On the contrary, the result of quashing the FIR had rendered the allegations of offences made against the person to remain consigned in stupor perennially. Hence, instead of achieving ends of criminal justice, the impugned order would achieve the reverse of it, he said and added so from any angle, the high court has committed a serious error in quashing the FIR.
Underlining the serious
consequences of the order of the high court, the apex
court said if the view of the single judge was to be
approved then if a person who committed an offence under
the Sales Tax Act also committed other serious offences
falling under the IPC as part of the same transaction,
neither police, special police nor CBI could probe into
NAGPUR, April 12 (PTI) The Congress would oppose tooth and nail the review of the Constitution by the Vajpayee government and organise nationwide Save Constitution rallies after holding the first one here on April 14, AICC General Secretary Motilal Vora said today. Speaking at a press conference here, Mr Vora said the agitation would continue till the commission for review of the Constitution (CRC) is scrapped.Congress spokesman Ajit Jogi, who also addressed reporters, said his party was not doubting the credentials of CRC Chief Justice Venkatachalliah but doubting the intentions of the BJP-led National Democratic Alliance government.
Mr Vora said the terms of reference of the CRC were neither made public nor discussed with other political parties. Since the BJP wanted to switch over to the presidential form of government, it changed the terms of reference when President K. R. Narayanan objected to the change over from a parliamentary democracy to the presidential form of governance, he added.
It is the hidden agenda of the BJP-led coalition. The Congress is talking about the bonafides of review of Constitution and its propriety, Mr Jogi said.
chief of World Punjabi Organisation
NEW DELHI, April 12 A leading industrialist from Punjab and Haryana, Mr Bhupinder Singh Jauhar, today took over as the President of the World Punjabi Organisation, a socio-cultural organisation of Punjabis in India and abroad.
Mr Jauhar, who was unanimously elected by its board of trustees, replaces another prominent industrialist from the region, Mr Raunaq Singh.
Mr Jauhar was installed as the President of the organisation at a glittering function organised to celebrate Baisakhi here today.
The Union Minister for Urban Development, Mr Jagmohan, presided. He said the organisation promoted goodwill and brotherhood among the Punjabis all over the world. He also praised the role of Punjabis in every sphere of life, adding that the Punjabis living abroad had also done well.
The organisation also conferred Punjab Rattan award on three prominent Punjabis, including the Chief Election Commissioner, Dr M.S. Gill, the Vice-Chairman of the Minorities Commission, Mr Tarlochan Singh, and the Chairman of Punjab and Sind Bank and president of the Indian Banks Association, Mr S.S. Kohli.
Mr Jauhar has taken over the reins of the organisation at a time when it is expanding in several countries where there is a large population of Punjabis. The World Punjabi Organisation recently opened its branch in Thailand. It also organised Baisakhi festival in Lahore and Islamabad during the past two years.
Mr Jauhar, who was earlier the general secretary of the International Punjabi Society, told TNS that he would make efforts to open branches of the organisation in several countries.
He plans to involve Punjabis living abroad in the developmental works in the northern region and use their expertise for promoting quality education in the Punjab and Haryana.
He said information technology was one area where the NRI Punjabis could contribute a lot. He also plans to offer scholarships for Punjabi students wanting to study abroad.
As Chairman and Managing
Director of Jamna Auto Industries, Haryana, and Jai
Parabolic Springs Ltd, Punjab, he has been representing
the states interests in major industrial
organisations like the CII, northern region, the Rural
Development Committee and Haryana Committee in the PHD
Chamber of Commerce and Industry.
hails hike in apple import duty
NEW DELHI, April 12 The Union Minister for Consumer Affairs and Public Distribution, Mr Shanta Kumar, has welcomed the governments decision to increase the import duty on apple from 35 per cent to 50 per cent.
In a letter addressed to the Prime Minister, Mr Atal Behari Vajpayee and the Finance Minister, Mr Yashwant Sinha, Mr Shanta Kumar said the imposition of 50 per cent custom duty on apple would reduce the procurement of foreign breed apple by the wholesale fruit dealers which ultimately would provide more marketing avenues to the small and middle class apple growers.
At present, the area under apple cultivation in the country is about 230,000 hectares producing about 1.33 million tonnes of crop.
Mr Shanta Kumar said liberal import of apple from countries like Australia, New Zealand and South Africa was having a crippling effect on the apple growers of the Himachal Pradesh and Kashmir.
Hailing the Governments decision as timely, he said the apple season in foreign countries had commenced and the Indian market was likely to be flooded with imported apple putting the Indian apple grower to a great disadvantage because the apple season here begins in July.
Mr Shanta Kumar urged
the Prime Minister to further increase the import duty on
apple so that the fruit growers in the country,
particularly Himachal Pradesh, could avail the benefits
INDORE, April 12 (PTI) Union Minister, L.K. Advani, today said the Congress should strike an alliance with the Trinamool Congress in West Bengal and join the Mahajot (grand alliance) in order to throw out the CPI from power.
Addressing newspersons here, the senior leader of the BJP, one of the partners in the grand alliance, said in 2001, there will be an assembly poll in West Bengal and that is the opportune time to remove the Marxists from power.
He said though the Trinamool Congress had extended an invitation to the Congress to join the grand, alliance, the Congress is in a fix and unable to take a decision.
members of Chotta Rajan gang shot
killed by robbers
UP power board
asked to pay compensation
Gaikwad passes away
AASU agrees to
adhere to NRC
worth Rs 49 crore unearthed
3 kids charred
to launch stir
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