The Tribune, Chandigarh, India

1984 anti-Sikh riots
Sajjan conspired with police: CBI

New Delhi, April 23
A Delhi court, hearing a 1984 anti-Sikh riots case involving senior Congress leader Sajjan Kumar, was today told by the CBI that there was a conspiracy of "terrifying proportion" between him and the police during riots.

"There was a conspiracy of terrifying proportion with the complicity of the police and patronage of local MP Sajjan Kumar," CBI prosecutor RS Cheema told district judge JR Aryan.

Winding up the prosecution arguments, Cheema focused on the issue of conspiracy between the accused saying it was shown in the statement of the witnesses. "From the statement of the witnesses, it has been clearly shown that a large-scale violence took place during the riots and there was huge conspiracy between all the six accused, some unknown persons and also police officials," he argued.

Arguing on the extent of killings in the Delhi cantonment area, the prosecutor said as per police records, not even a single killing took place from October 31, 1984 to November 6, 1984.

He said a former police constable, who is now a defence witness had deposed in the court that he was on duty in the area during the riots and he had not come across any report of any killing or rioting. "But, as per GT Nanavati Commission report, the official casualty figures shows that during the riots 341 persons were killed, while 385 houses, 110 shops and 45 vehicles were burnt in the area," he said, adding that the attitude of the police was to minimise the magnitude of the crime.

Sajjan Kumar and five others are facing trial in the killings of six persons in the Delhi Cantonment area during the 1984 carnage which broke after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

They are accused of instigating a mob to attack and kill the Sikhs. The prosecutor said the killings were committed on Sajjan Kumar's directions. "In this case, the circumstances clearly show conspiracy and Sajjan Kumar is charged for the offence of conspiracy. The Delhi Police is also accused of conspiring with others but no official has been named," he said. The CBI had earlier said the police acted in a pre-planned manner during the riots and kept its "eyes closed" to the widespread violence. It had said the police "deliberately" did not act the way it was supposed to do.

Sajjan Kumar and five others, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial for allegedly killing six persons in the Delhi cantonment area during the riots. The case against Sajjan Kumar was registered on the recommendation by the GT Nanavati Commission. The CBI had filed two chargesheets against him and others in January 2010.

The trial court, in 2010, had framed charges against Sajjan Kumar and five others under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of the IPC. — PTI

Medicos going to US bo(u)nd to return
Aditi Tandon/TNS

stop brain drain

n The US has made it mandatory for every student seeking higher medical education to procure an NOC from the govt
n The NOC will be issued after the student gives a bond to the effect that he will return to India after completing his studies
n If the student overstays, the Indian govt can ask the US to ban them from practicing in the US

New Delhi, April 23
From this year, Indian students going to the US for higher medical studies will be required to give a written undertaking to the government that they would return to India after concluding their studies and not overstay.

In case, a student fails to honour the bond, the government will be free to write to the US authorities to deny the violator of the bond the permission to practice medicine in the US.

Any MBBS student who wants to enrol with a US university for higher studies would have to - from 2012 - produce before the American authorities a no-objection certificate (NOC) issued by the Government of India which would in turn have to execute a bond with the student in question.

“The US has made it mandatory for every student seeking higher medical education to procure an NOC from the government. So, from this year, every student who wants to study medicine in the US will have to apply to us for the NOC.

“The NOC will be issued after the student gives a bond to the effect that he or she will return to India after completing the studies,” Health Minister Ghulam Nabi Azad today said.

The move is expected to prevent the massive brain drain to the US that happens in the name of higher education every year. Health Ministry records show that over the past three years, 3,000 medical students left India for higher studies in universities across the world and did not return. “The new move will help us prevent doctors from leaving - at least those who go on the pretext of studies,” the minister said. India is currently facing shortage of 7 lakh doctors in rural areas.

The US is by far the only country that has sought a government NOC before issuing visa to any student for higher medical studies.

“Tomorrow if a student fails to return to India despite the completion of the study period and disregards the bond he has signed with us, we as the government can write to the US to deny him the permission to practice in the West. No student would want that,” Azad explained.

He said the bond would be in the form of an undertaking of return to India and will not have a financial component.

Azad backed the move to increase the duration of MBBS by one year saying in the US, students were required to undergo six years of medical studies to allow a medical student to prescribe medicine and practice.

2G: CBI sends team to Malaysia
Syed Ali Ahmed/TNS

New Delhi, April 23
The CBI has sent a team to Malaysia to get details of the telecom company Maxis embroiled in the 2G Spectrum controversy during Dayanidhi Maran’s tenure as telecom minister.

Sources said the CBI had already sent a Letter Rogatory (LR) to Malaysia seeking details of Maxis which took over Chennai-based Aircel telecom company after which the Spectrum was allocated to it. But getting details through Letter Rogatory is a long process. Therefore, the investigating agency has sent its team to Malaysia to request the authorities concerned to release the required details concerning the case.

The agency has recorded the statement of the non-executive Director of the company whose name was mentioned in the FIR registered in October last. Both Maran and Maxis group have denied the charges. The Malaysian company expressed surprise over the CBI action.

Prez poll: Congress set to begin talks with allies, others
Anita Katyal
Our Political Correspondent

Names doing the rounds

n The names of former President APJ Abdul Kalam, Vice-President Hamid Ansari, Defence Minister AK Antony, Lok Sabha Speaker Meira Kumar and former Bengal Governor Gopal Gandhi are doing the rounds
n The Congress would prefer a political person, preferably somebody from the party ranks
n Finance Minister Pranab Mukherjee fits the bill, but the party will have a tough time finding his replacement as the Lok Sabha leader

New Delhi, April 23
The Congress leadership is expected to initiate discussions with UPA allies and other political parties on the election of the next President on the sidelines of the second half of the budget session of Parliament beginning tomorrow.

Since the ruling UPA does not have the numbers to get its candidate elected, the Congress has to reach out to its partners both inside and outside the government and the NDA parties to forge a consensus on the next occupant of the Rashtrapati Bhavan.

President Pratibha Patil is set to demit office in less than three months. Since discussions on finding her successor could prove time-consuming, the Congress leadership is likely to consult all key players in the coming weeks as they converge in the Capital for the Parliament session.

As the Congress strives for a consensus, it’s first task will be to first put its own house in order and ensure that all UPA allies are on board, particularly temperamental Trinamool chief Mamata Banerjee, who has a substantial 45,000 votes in the electoral college.

Outside the UPA, the Congress has to arrive at an understanding with Samajwadi Party leader Mulayam Singh Yadav, who has 30 MPs in Parliament and 224 MLAs, accounting for a whopping 1.3 lakh votes.

“It is quite clear that Mamata Banerjee and Mulayam Singh Yadav hold the key to the next Presidential election,” remarked a senior Congress leader. However, the Congress can hardly afford to ignore other regional players like the AIADMK with 35,000 votes and the Biju Janata Dal having 29,000 votes.

The Congress will have to marshall all its skills in finding a candidate acceptable to key players. NCP chief and Agriculture Minister Sharad Pawar created a buzz with his initial comment that he favoured a “apolitical” person as the next President. He, subsequently, clarified he had talked of an “agreed” candidate.

Budget Session resumes today
Aditi Tandon/TNS

New Delhi, April 23
Though the government today said it was expecting smooth functioning of Parliament when the Budget Session resumes tomorrow, stormy proceedings can’t be ruled out, as no headway has been made on the Telangana that had paralysed both Houses for most part of the first phase of the Budget Session.

“No final decision has been taken on the issue though we have concluded discussions with leaders of all parties from the three regions of Andhra Pradesh,” Health Minister Ghulam Nabi Azad and AICC general secretary in charge of Andhra Pradesh said today.

Asked how the government would pass 40 pending Bills (including the Lokpal; Whistleblowers Protection and Financial Reforms Bills) considering that Congress’ own MPs had disrupted Parliament on Telangana earlier, Azad said, “MPs can raise their issues, but they also have a responsibility. We believe all pro-Telengana MPs will understand that the Budget Session is the most important and help in passage of Bills.”

The government listed the pending Lokpal Bill as priority, but didn’t say when it would bring it to Rajya Sabha.

The government hinted that all legislative business would be taken up after the Finance Bill is considered and passed on May 7 and 8.

NDA to corner govt on policy paralysis
Faraz Ahmad/TNS

New Delhi, April 23
The Opposition NDA will focus during the reconvened Budget Session commencing tomorrow primarily on policy paralysis of the UPA-II government which has halted economic reforms. This was decided at a meeting of NDA leaders here today.

NDA chairman LK Advani held the meeting at his home and the Leaders of Opposition in both Houses of Parliament Sushma Swaraj and Arun Jaitley, along with NDA convener Sharad Yadav, attended today’s meeting.

Fishermen’s killing
SC notice to Centre, Kerala on Italy’s plea
R Sedhuraman
Legal Correspondent

New Delhi, April 23
The Supreme Court today issued notice to the Centre and the Kerala government on a petition filed by Italy seeking quashing of the criminal cases against two its naval personnel for killing two Indian fishermen off the Cochin coast.

A three-Judge Bench headed by Justice Altamas Kabir asked the Centre and the state to file their response within two weeks and posted the matter for next hearing on May 8.

In its PIL, the Italian government contended that there was no legal provision for the Kerala government to prosecute the accused as it was a matter between India and Italy. India should have taken action under international laws as it was a signatory to the UN charter, senior counsel Harish Salve contended.

In a bid to drive home his point, Salve said Kerala could not proceed against Pakistan if any of its soldiers posted in Siachen were killed in firing from across the border. Such incidents would have to be settled between the two countries, he reasoned.

Additional Solicitor General Indira Jaisingh opposed Italy’s plea under Article 32 of the Constitution which was meant for citizens and not for nations.

Justice Ranjan Gogoi sworn in as SC judge

New Delhi, April 23
Justice Ranjan Gogoi was today sworn in as a Supreme Court Judge, taking the number of apex court judges to 27 against the sanctioned strength of 31.

Chief Justice SH Kapadia administered the oath of office to Justice Gogoi, who was the Chief Justice of the Punjab and Haryana High Court before his elevation. He had joined the judiciary on February 28, 2001 when he was made a permanent judge of the Gauhati HC. He had taken over as the CJ of the HC at Chandigarh on February 12 last year.

Born on November 18, 1954, Justice Gogoi had joined the Bar at Guwahati in 1978.

On April 2, Justice Fakir Muhammad Ibrahim Kalifulla was elevated to the apex court from the Jammu and Kashmir High Court. — TNS

Tribune Special
Govt too busy to appoint 2 Information Commissioners
Man Mohan
Our Roving Editor

Extraordinary delay
Like courts, the disposal of the RTI petitions at the Central Information Commission is taking extraordinary time. In many cases, it has taken nearly two years from the date of filing of the appeal till its hearing. Under the RTI Act, 2005, information is required to be furnished within 30 days of the application

New Delhi, April 23
The government seems to be too busy to fill two important vacancies in the Central Information Commission (CIC) which is the hub of final disposal of the Right to Information (RTI) petitions.

Months have passed and the “selection committee” comprising Prime Minister, Leader of the Opposition in the Lok Sabha and a Union Minister are yet to meet even for 10 minutes to dispose of the “priority file” waiting for their signatures to appoint two Information Commissioners.

Meanwhile, the RTI petitioners have stared feeling disheartened as “desired information” is not reaching them in stipulated time of one month.

At present, the quasi-judicial CIC is headed by Chief Information Commissioner Satyananda Mishra. The CIC can not have more than 10 Information Commissioners. All of them are appointed by the President of India.

The Information Commissioners are: Mrs. Anupurna Dixit, M.L. Sharma, Shailesh Gandhi, Mrs. Deepak Sandhu, Mrs. Sushma Singh, Rajiv Mathur, Vijai Sharma, Basant Seth. The last three - Mathur, Sharma and Seth - were appointed this February. Two vacancies of Information Commissioners are yet to be filled.

Like courts, the disposal of the RTI petitions at the CIC is taking extraordinary time. In many cases, it has taken nearly two years from the date of filing of the appeal till its hearing, defeating the very purpose of providing information within 30 days at the first stage.

“The CIC is feeling overburdened with pending cases. Every day, more cases are piling up because of undue delay in the appointment of two more Information Commissioners and the subordinate staff,” an administrative officer at the CIC told The Tribune.

Over 20,000 cases are reported to be pending disposal before the CIC. Under the RTI Act, 2005, information is required to be furnished within 30 days of the application.

The exercise to fill the posts of five Information Commissioners began in the later half of 2011. The search committee’s first meeting took place on November 25, 2011.

Meanwhile, a PIL was filed in the Delhi High Court complaining that the government was not filling the vacancies.

Taking cognizance of the PIL, the high court on February 15 directed the government to fill all the five vacancies of Information Commissioners within one month.

The government then appointed three Information Commissioners: Rajiv Mathur, former Intelligence Bureau Director, Vijai Sharma, former Environment Ministry Secretary and Basant Seth, former Chairman-cum-Managing Director of the Syndicate Bank.

The court on March 20 then directed the government to fill the remaining two vacancies immediately. If the government continues to sit over the file related to the two vacancies, one more post will be available in July with the retirement of Information Commissioner Shailesh Gandhi.