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Arrest In Serious Offences Coimbatore Blasts Gujarat Sting |
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Congress not to make Tehelka poll issue Modi is an autocrat: Sibal Protest channel blackout: Tejpal EC show-cause notice to Gujarat BJP MLA CBI completes probe into Mulayam’s assets case Maya writes to PM SC not to extend bail of Mumbai blast convicts First Year of Domestic Violence Act Term of SSC docs extended N-deal Saurabh Kumar to represent India at IAEA 1,730 guitarists perform in unison 10 journalists hurt in clash with jail staff Notice to Shah Rukh for smoking
in public Rizwanur Case IAF fighter plane crashes, pilot safe
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Arrest In Serious Offences New Delhi, October 26 “Such blanket orders should not be passed as it would serve as a blanket to cover or protect any and every kind of unlawful activity… normally a direction should not be issued to the effect that the applicant shall be released on bail, whenever arrested for whichever offence,” a Bench of justices Arijit Pasayat and Lokeshwar Singh Panta said. The court was interpreting the scope of the use of Section 438 Code of Criminal Procedure powers by the high courts, under which high courts had been given vast powers to interfere in any criminal case pending before the lower court, including entertaining bail petitions of the accused persons. While holding that the provision of Section 438 to grant bail could not be invoked by a high court once an accused has been arrested, it further said in case he was not arrested “the blanket order (of protection) should not be generally passed. It flows from the very language of the section which requires the applicant to show that he has reason to believe that he may be arrested.” The apex court said the high courts have to evaluate the cases carefully to make a distinction between a genuine apprehension of arrest based of facts in the case or a mere claim of such apprehension, having in fact no basis for it. “An order under Section 438 is a device to secure an individual’s liberty, it is neither a passport to the commission of crimes, nor a shield against any and all kinds of accusation likely or unlikely,” the Bench ruled. The ground on which the belief of an accused was based that he might be arrested for a non-bailable offence must be “capable of being examined” and each case has to be evaluated according to the material on record to find out whether a case for grant of relief was made out or not, the court said. The ruling came on an appeal by a person from Bihar who sought apex court interference in Patna High Court order granting them interim protection against arrest. The apex court also took serious objection to the prosecuting agency allowing access to the accused persons’ counsel to the “supervision notes” in the case diary, saying it was illegal.
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Coimbatore Blasts Coimbatore, October 26 Special Judge K. Uthirapathy closed the nine-year-long trial today sentencing the other two remaining convicts to 13 years in jail while discharging the approver Riaz-ur-Rehman from the case. However, Rehman cannot be released immediately as he is charged with three other criminal offences. He said that he would deliver copies of the judgement on October 29 as lawyers in the packed courtroom were eager to know the logic behind sentencing 70 convicts held guilty of being the main conspirators from life to only seven years in prison. As the court rose for the day this afternoon here after bringing to an end sentencing spread over the last three days, 43 convicts have been given life terms, 15 given 13 years of rigorous imprisonment, 10 giver for 10-year terms time and two seven-year terms. Among those awarded life sentences were founder of the extremist outfit Al-Umma Syed Ahmed Basha, its general secretary Mohhammad Ansari, and Basha’s son, Siddique Ali with two life terms, and Abdul Ozir with four life terms. Since Judge Uthirapathy did not even read out any excerpts from his judgement, lawyers raised questions regarding the varying quantum of prison terms for the 70 convicts held guilty on the same charges. A defence lawyer asked, “We would like to know why some found guilty in the main charge of overall conspiracy have been given life imprisonment, while some others have got 13 years, 10 years and seven years in jail? It is an omnibus charge of conspiracy covering all criminal transactions in the case but the sentences have been split.” However, prosecution lawyers who had demanded death penalty remained tightlipped and said they would prefer to wait for the copies of the judgement. One of the leading defence lawyers P. Thirumalai Rajan said that the convicts sentenced to life would certainly appeal to higher courts. He pointed out, “No conspiracy was proven during the trial. There were two versions about the prosecution case, going by the contradictory testimony of the witnesses. The Supreme Court has clearly said where two versions were available the Court should take the version beneficial to the accused.” Though curtain over the judicial proceeding came down almost after a decade it evoked mixed reaction among the people in the textile city of Tamil Nadu, which had reverberated with the explosion on May 14, 1998. Kottaimedu, the main Muslim residential area did not see much celebration during Id-ul-Fitr, 12 days ago. But today there was a sense of relief and hushed celebrations as no death penalty was given. Though quadruple and double life terms along with several years in prison were given, Judge Uthirapthy had pronounced that the sentences would run concurrently.
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Gujarat Sting Lucknow, October 26 In a press release, the association chairman Mohammad Habibur Rehman said the apex court should order a time-bound inquiry by the CBI to probe the role of Narendra Modi and his cabinet and administration in “promoting mass killings, rape of innocent women and targeted destruction of property of a particular community”. In view of the fresh Tehelka-Aajtak exposure, Rahman has asked Modi, his then minister of state for home Gordhanbhai Pragjibhai Jhadaphia, minister of state for revenue Haren Pandya and chief secretary and others to be brain-mapped and put through a lie-detector test. Asking the Election Commission to “independently” probe the matter, the association chairman said that pending inquiry, Modi and his cabinet colleagues should be prevented from running for, or campaigning in, the elections in Gujarat. “It would be construed as a matter of failure of the Indian justice system if Narendrabhai Damodardas Modi could not be tried here in India but in the courts in England, Belgium and The Hague,” the release pointed out.
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Congress not to make Tehelka poll issue New Delhi, October 26 Instead, it plans to put Modi in the dock for his failure to deliver on the development front, his unfulfilled promises and various scams and corruption cases plaguing his government. Realising that there is a wave of anti-incumbency against the BJP legislators, the Congress’ effort will be to mount an attack against individual MLAs instead of making Modi the main focus of its campaign. “We will not make the latest expose on the riots as our main electoral plank. It is an old issue...there is no need to rake it up. We have always maintained that the 2002 communal riots were state-sponsored,” remarked a senior Congress leader B.K.Hariprasad, AICC general secretary (Gujarat) said the revelations had only proved the Congress charges correct. Although Congress spokesperson Jayanti Natarajan officially slammed Modi for colluding with the perpetration of the “mass killing and murder” witnessed in 2002, party strategists, handling Gujarat elections, are nervous that if these revelations become centrepiece of the crucial electoral battle, it could lead to a Hindu consolidation in BJP’s favour as was the case in the last election. For the record, Natarajan said Modi had lost all moral and cosntitutional right to continue in office and he should step down from public office. The coming days will prove crucial for the Congress, which is waiting to see if the fresh expose on the communal riots will emerge as a main election issue. Their worry stems from Modi’s ability to turn this matter to his advantage by appealing to the Gujarati pride as this will push the Congress on the defensive. Preparations for the elections are in full swing. Congress president Sonia Gandhi will launch the campaign with a women’s rally in Anand on November 3 while the process of selection of candidates will get underway with the meeting of the screening committee slated for November 5.
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Modi is an autocrat: Sibal New Delhi, October 26 In a statement here, Sibal observed, “The issue in Gujarat is not about justice to one community or another. It is about denial of the Right to Life. It is about the absence of accountability in a state in which Modi is an autocrat. It is about being transparent. It is about equality. It is about human rights and the values of a society, which believes in justice. Narendra Modi does not stand for any of this.” The minister said the Congress party has always said that Modi in Gujarat has systematically subverted the rule of law. “He (Modi) considers himself above the party and above the state. In Modi's Gujarat, Modi is not accountable to anybody. The revelations of yesterday are proof of that.” Sibal stressed it is time that the cause of justice is vindicated and what Narendra Modi has done in Gujarat for the past five years placed before the court of the people. “It is now for them to judge whether they want a Gujarat with Modi or a Gujarat without him.” He pointed out that in 2002 the NDA protected Narendra Modi. “He (Modi) set up the Nanavati Commission to divert public attention and ensured that hard evidence does not come to light since all cases investigated were the responsibility of the Gujarat police under the control of Narendra Modi, ” he said.
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Protest channel blackout: Tejpal
New Delhi, October 26 “If that has happened, it is the black day for the media. We must protest it and it shows that the political power in the country is increasingly becoming unfair about public opinion,’’ he said. — UNI
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EC show-cause notice to Gujarat BJP MLA New Delhi, October 26 The EC said that Pradeep Singh Jadeja, MLA, had printed pamphlets showing photograph of himself and the Chief Minister with BJP symbol Lotus along side the picture of ‘Maa Amba’. These pamphlets were distributed during a Navratri programme, the EC said, adding these acts amounted to violation of the provisions of the model code of conduct. Jadeja has been given time up to October 28 to reply to the notice. The commission also directed the Gujarat CEO to file a complaint against the printers and publishers who printed the pamphlets, the EC said. Expressing its “severe displeasure” to Kamlesh Joshipura, Vice-Chancellor, the EC said that he had said that the Chief Minister had performed miracle in the education sector and because of the Chief Minister’s efforts the bell of development was tolling. — PTI
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CBI completes probe into Mulayam’s assets case New Delhi, October 26 Since the court, in its order of March 1 last, had issued a direction to the CBI to submit its report to the Central government, which was strongly contested by Mulayam Singh Yadav, the CBI said in its application that it would not like to submit the report to the Union Government. The CBI, in a brief application filed in the apex court registry, sought the permission to submit the report to the apex court in a “sealed cover”. The apex court had ordered CBI probe into the assets of Mulayam Singh, his son Akilesh Yadav, MP, daughter-in-law Dimple Yadav(Akilesh’s wife) and another son Prateek Yadav, following a PIL by V.N Chatturvedi, a Congress activist. Chatturvedi had accused Yadav of misusing his position as a public servant to acquire properties worth several hundred crores over the years. The agency had registered a preliminary enquiry (PE) in the case for investigating the case to find out whether a prima facie case was made out.
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Maya writes to PM
In a letter to Prime Minister Manmohan Singh, Uttar Pradesh Chief Minister Mayawati today demanded a CBI enquiry into the 2002 Gujarat riots following new evidence brought forth by the Tehelka sting operation. Taking serious note of the disclosure, she said “Now it is clear that in the name of Godhra, the BJP-led state government and the party’s front organisations had aided and abetted a most meticulously planned and cruel manslaughter, including the barbaric killing of a Congress MP”.
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SC not to extend bail of Mumbai blast convicts
New Delhi, October 26 “We are not going to grant extension of the interim bail,” a Bench headed by Chief Justice K.G. Balakrishnan said when two of the convicts contended that till the copy of the voluminous judgement in the case relating to their appeal is filed they should be allowed to continue on bail. — PTI
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First Year of Domestic Violence Act New Delhi, October 26 An evaluation report brought out by an NGO, Lawyers Collective, to commemorate the day says 7,913 cases were filed between October 26, 2006, and July 31,2007 under the Act. But the problem is majority of states are lagging behind in proper implementation of the Act and most of the proceedings are pending in courts,meaning that till date though the number of cases under the Domestic Violence Act may have swelled past 10,000, just having a law is not enough. Giving her take on the report released today, noted lawyer and social activist Indira Jaising told The Tribune that a lot more needed to be done, especially by states, for spreading awareness about the law. “Till date around 10,000 cases have been registered. The number of cases show that the law was much needed and women are using it. But the governments have not done what they were supposed to do, for example appointing qualified social activists,” she said, stressing the need for political will and allocation of more funds by the states. Jaisingh said there should be adequate number of protection officers, service providers and medical and rehabilitation facilities in all states for proper implementation of the Act. The study has found that though most states, barring five, had appointed protection officers, except for Delhi and Andhra Pradesh, none of the other states had full-time protection officers.
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Term of SSC docs extended New Delhi, October 26 The approval for extending the tenure came yesterday following the meeting of the Union Cabinet which was chaired by Prime Minister Manmohan Singh. “With the extended tenure, the SSC doctors will also be eligible for time-scale promotions as applicable to permanent commissioned doctors,” information and broadcasting minister Priya Ranjan Dasmunsi informed reporters here after a Cabinet meeting. This decision will help solve the problem of shortage of officers in the AFMS. It will bring about parity with the existing time scale promotions available to the permanent commissioned officers and meet the career aspirations of SSC officers in the AFMS,” Dasmunsi added. A defence ministry background note said the existing 10-year tenure of SSC officers in the AFMS was based on the tenure earlier prevalent in the three services. “However, the total tenure of SSC officers in the three services has already been increased from 10 to 14 years.
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N-deal New Delhi, October 26 During the about 30-minute meeting with Mishra, which came a day after the US diplomat had met Leader of the Opposition L.K. Advani, Mulford is understood have attempted to address concerns over the agreement. Mishra, a former diplomat, has told a television channel that he was ready to accept the deal if he was convinced that India's nuclear weapons programme would be unaffected by the agreement. He had acknowledged that the failure of the deal would have adverse impact on the growth of the India-US ties. The BJP, while favouring a closer strategic relationship with the US, is opposed to the deal as it feels it will affect India's indigenous military nuclear programme and independent foreign policy. Mulford's meetings came ahead of a planned special session of Parliament to discuss the nuclear deal. — PTI
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Saurabh Kumar to represent India at IAEA New Delhi, October 26 The ministry of external affairs will be making a formal announcement to this effect soon. Sharma’s next posting is yet to be decided, but it is understood that he will be moving to an important country as an ambassador. The post of PRI in Vienna assumes importance in view of the pending India-specific additional safeguards that New Delhi has to sign with the international nuclear watchdog agency as a vital and mandatory step towards operationalisation of the Indo-US nuclear deal.
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1,730 guitarists perform in unison Guwahati, October 26 R.G. Lyngdoh, the president of Meghayala Tourism Development Forum (MTDF), which organised the ensemble claimed to have set a new world record immediately after the unprecedented performance that enthralled thousands of music lovers in what is known as the music capital of the Northeast. The previous recognised world record for the largest guitar ensemble stands at 1,721 guitarists who performed in unison in Kansas City in the USA the rock classic ‘Smoke On The Water’ on June 4 this year. A Guitar Fair in London shall also attempt for the same record on November 2 next. Last year Shillong made an entry into the Guinness Book by holding the largest gathering of drummers who performed in unison. Today’s guitar ensemble marked the beginning of this year’s Autumn Festival in
Meghalaya.
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10 journalists hurt in clash with jail staff Dehra Dun, October 26 Eyewitnesses said the clash followed heated exchange of words between both sides after the jail staff parked the vehicle meant to take the accused to Hardwar close to the jail gate. The media termed the action as a deliberate attempt to deny them a chance to click photographs of the accused. The lensmen of different media organisations had arguments with the jail staff over this and some members of the jail staff and unidentified persons allegedly attacked them. As the mediapersons went inside to meet the jail superintendent to discuss the issue, the alarm bell of the jail was sounded and jail wardens attacked them with sticks. Highly agitated mediapersons also alleged firing by jail guards. Stone pelting followed soon as mediapersons tried to shift their injured colleagues from the spot. Later, journalists staged a dharna in front of the jail demanding dismissal of the jail superintendent and registration of a case against the guilty policemen. District Magistrate, Dehra Dun, and senior police officials also reached the spot and tried to placate the agitated journalists. An inquiry was ordered into the incident on the spot and was in progress till the filing of this report. IG Prisons, Uttrakhand, Bhaskaranand, however, denied any police firing or lathicharge. To express solidarity with the mediapersons, several politicians also reached the spot. They included state NCP president Suryakant Dhasmana, leader of the Opposition and former Congress minister Harak Singh Rawat and Congress spokesperson Surender
Aggarwal.
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Notice to Shah Rukh for smoking
in public Panaji, October 26 The NGO, National Organisation for Tobacco Eradication (NOTE) issued a legal notice to Shah Rukh Khan for smoking in public during- the Twenty20 cricket match in Mumbai and the Hindustan Times Summit in Delhi. NOTE, which is already into a legal battle with Amitabh Bachchan over his movie posters showing him smoking cigar, issued the legal notice through its lawyer. The NGO has threatened to sue Khan for promoting smoking in public places, which is banned under the Anti-Tobacco Act. The notice to Khan has been issued under Sections 4 and 5 (3) of cigarette and other tobacco products (prohibition of advertisements and regulation of trade and commerce, production, supply and distribution) Act, 2003. — PTI
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Rizwanur Case Kolkata, October 26 He had announced this decision on September 27, ignoring the demands of the mother of the deceased and several political parties for CBI probe. The Chief Minister had first ordered a CID inquiry and then the judicial probe into the death, but Rizwanur's family members and opposition parties were not happy. They were demanding CBI probe, which the high court ultimately ordered on September 30. Several front partners, like the CPI, RSP and Forward Bloc, were also demanding the Chief Minister to abandon the judicial probe, as it was "redundant" after the high court's order for the CBI probe. But their demands were ignored. After today’s announcement, CPI leader Nandogopal Bhattacharyya and the RSP's Kshiti Goswami, both ministers, remarked: "It is a wise decision, though taken late. The step will save the government from the wastage of at least Rs 25 lakh, which would have been spent in conducting the judicial inquiry.”
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