Excelsior... Nation

Allegation of cheating in Bofors case is
fallicious: Hindujas

NEW DELHI, Oct 9: The Europe-based Hindujas brothers today termed CBI’s allegation of cheating in the Rs 1437.72 crore Bofors deal as "fallacious" saying the Government could not have cheated itself as accused Rajiv Gandhi only represented the Government.

"Under the allocation of business rules Prime Minister only represents the Government. And if CBI’s allegation is true then the Government cheated the Government. It cannot be the case," Hindujas’ counsel Ram Jethmalani told special judge Prem Kumar during arguments on the point of charge.

Citing the Supreme Court judgment in the Capt Satish Sharma case in which the apex court reversed its earlier order directing the former Petroleum Minister to pay a fine of Rs 50 lakh, Jethmalani said "the Government could not have paid damages to itself."

He further said CBI’s allegation that Bofors made a false representation to Rajiv Gandhi and the then Defence Secretary S K Bhatnagar cannot sustain with the charge of conspiracy.

"If the public servants (Rajiv and Bhatnagar) were party to the alleged criminal conspiracy, then they must have known that Bofors had engaged agents in the deal. And if they knew about it, then the representation cannot be said to be a deceptive one," he told the court.

Hinduja brothers - Srichand, Gopichand and Prakashchand -have been chargesheeted by CBI for allegedly taking an illegal commission of about Rs 16 crore from bofors in the Howitzer gun deal signed in March 1986.

Jethmalani said the court should see the material collected by CBI during the investigation and ascertain if it could be translated into ‘legally admissible evidence’.

If the court came to the conclusion that a prima facie case was made out, it could go ahead with the framing of charges, he said.

"But in case the court thinks that the material collected by the investigating agency could not be translated into `legally admissible evidence’ and the trial would necessarily result in acquittal, the court must discharge the accused, Jethmalani submitted before the court.

Giving his own assessment of the evidence collected by CBI, Jethmalani said "conducting trial on the basis of this material would be a waste of public time."

Yesterday, he had requested the court to discharge the accused Hinduja brothers claiming the charge of criminal conspiracy was not made out against them.

Claiming that there was nothing in the two chargesheets filed by CBI to substantiate the conspiracy charge against the Hindujas, he said "before you prove it, you must allege that they (Hindujas) entered into a conspiracy with the other accused. But that is not there in any of the chargesheets."

Citing several supreme court rulings on the law of criminal conspiracy, Jethmalani said prosecution has to prove not only the place and time of the alleged conspiracy but also the manner in which it was hatched.

"It is not there in the chargesheets nor any witness has made any such statement," he said and requested the court to discharge the accused brothers as no prima facie case of conspiracy was made out against them. (PTI)

BSF reinforcement in NE mooted

SHILLONG, Oct 9: The Border Security Force (BSF) in the North East should be reinforced in the wake of the proposed strengthening of Bangladesh Rifles along the Indo-Bangla border, experts at a seminar on border management recommended.

The two-day seminar, organised by the BSF, urged the Bangladesh Government to take action against fundamentalists in the country and dismantle camps of rebel groups.

Other recommendations in the seminar, which concluded here yesterday, included a comprehensive study on the process leading to large scale influx from neighbouring countries.

It also stressed on the need for a studying strategic manoeuvering of the ISI specially in the North East.

The experts stated that urgent measures should be taken to analyse crucial developments in the neighbouring country.

Speeding up of fencing projects, issuing of identity cards in all North East states, development of border areas through existing projects and repealing of IMDT Act were other recommendations that figured at the session.

The meeting stressed on better coordination between the BSF and the police, besides a greater interaction between the security forces and the media. The media should play a constructive role in educating the public about problems of border management, experts felt.

In the concluding session, Assam Governor Lt Gen (retd) S K Sinha expressed concern over the large scale illegal immigration from Bangladesh. He said besides the support of the people in the border areas, setting up of barbed wire combined with active surveillance of the Indo-Bangla border could reduce the flow of infiltrators.

The Centre should also find out ways and means to "monitor" madrassas in the country so that they impart education, meeting the requirements of modern age to serve the interests of the minority community.

Former DG BSF Prakash Singh said efforts made so far to check infiltration from Bangladesh were half-hearted. The border management task force report, prepared by former Home Secretary Madhav Godbole, should be made public as it contained important recommendations concerning checking illegal immigration, he said.

The report was submitted to the Government in April, 2000, which said every year three lakh illegal immigrants reach India and 850 people enter per day.

Mr Singh criticised the Bangladesh Government for allegedly sheltering insurgent groups of the North East and allowing the ISI to operate from its soil. He also expressed concern over the report that Al-Qaeda was active in Bangladesh.

Quoting the report, Mr Singh said massive immigration from Bangladesh was posing a threat to the country’s security besides affecting social harmony and economy.(UNI)

SC: self-defence plea of an accused depends on evidence

NEW DELHI, Oct 9: Veracity of right to self-defence plea taken by a person in committing an offence should be tested on the basis of factors relating to injuries received and inflicted by him, the threat perception and whether he had time to intimate public authorities for his safety.

"In order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities are all relevant factors to be considered," the court said in a recent judgement.

The case related to a village in Tamil Nadu where a sheep damaged the crops belonging to one Palaniswamy. When he tied the sheep and protested to its owner, Sekar, there was exchange of hot words leading to assaulting and death of Palinswamy. Sekar took the plea of right to self-defence.

Section 96 of the Indian Penal Code provided that nothing is an offence which is done in exercise of the right of private defence.

Rejecting the plea of self-defence raised by Sekar, a bench comprising Justice Arijit Pasayat and Justice S B Sinha, said "it cannot be stated as a universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in exercise of their right of private defence."

Writing the judgement for the bench, Justice Pasayat said non-explanation of the injuries on the accused persons by the prosecution was a very important circumstance but it might not affect the prosecution case in all cases.

"In order to find whether the right of private defence is available to an accused, the entire incident must be examined with care and viewed in proper setting," he said.

To claim a right of private defence extending to voluntary causing of death, the accused must be able to show that there were circumstances giving rise to reasonable grounds for apprehending that death or greivous hurt would be caused to him," Justice Pasayat said.

However, the bench noticed that there was an altercation between the accused and the deceased and that there was no pre-meditation and the assualts were given by the accused during the course of the sudden quarrel.

"This appears to be a case of accused exceeding the right of private defence. The appropriate conviction would, therefore, be under section 304 part I, IPC and custodial sentence of 10 years would meet the ends of justice," it said.

The bench said "while awarding the sentence, one factor which has weighed with us is that two rustic villagers fought over a sheep which led to the death of one.

"Their financial condition can be well gauged from the fact that they fought over a sheep and the minimal damage done by it to the crops. There is no previous enemity. This is certainly a relevant factor to be taken note of while awarding the sentence," it said. (PTI)

Yamuna stretch under threat, to affect Delhi’s water quality

NEW DELHI, Oct 9: The 25-km stretch of the Yamuna river, extending from Wazirabad to Okhla, comprising flood plains, seasonal pools and marshy areas, is one of the most threatened riverine ecosystems in the world and is adversely affecting the water quality of Delhi, a study has revealed.

The study - "Valuation of Ecological Functions and Benefits: a Case Study of Wetland Ecosystem along the Yamuna River Corridors of Delhi region" - is a World Bank-aided project, sponsored by the Indira Gandhi Institute of Development Research.

This wetland stretch has been continuously confronted by encroachments and conversion of land for industrial, commercial and residential purposes. It has been a dumping ground for the city’s garbage and discharge of huge amount of sewer water, including dangerous chemicals, everyday.

The wetlands provide immense benefits to Delhiites in the form of recharge and supply of fresh water for domestic and agricultural purposes, low input sustainable agriculture, nutrient retention, sediment trapping and habitat for rich flora and fauna. These include 155 plant species of 27 families, some of which are medicinal, and 97 birds’ species of which more than 50 per cent are migratory, according to Prof Lallan Prasad, Principal Investigator of the project.

The benefits of retaining wetlands has been ignored and unaccounted for in the past mainly due to their social and external nature. This justified the mandate for economic evaluation of ecological function of wetlands, he said.

The quality of the water recharge of Yamuna wetland was found to be very high and its economic value is the highest among all wetland functions, eminently qualifying its protection and conservation, considering that Delhi is a water scarce region, the study pointed out.

Any human activity impairing the water recharge function of the flood plain ecosystem will create problems for the present and the future generations, it said.

Prof Rashmi Agrawal and Prof C R Babu of the Delhi University and Dr Pushpam Kumar of the Institute of Economic Growth are the other members of the study team.

The other best use of land for construction purpose was considered and it was found that the return on the land from rental value comes out to be lower than its conservation value. A sample survey of the cross-section of people residing near the river showed a high WTP (willingness to pay) for preserving and developing the area for recreational purposes like bird watching, fishing, sightseeing and pleasure drive.

Channelisation of the river in Delhi was not favoured by the researchers as it would adversely affect ecological functions by reducing considerably the ground water reserve and seriously hampering ground water recharge.

The wetland, in its present form, subsidises the community, which enjoys the benefit of low input and low cost cultivation. The study recommended its preservation for helping the poor farmers, fishermen and the local people earning their livelihood from vegetation and livestock in the wetland areas.

Setting up of new sewage treatment plants, administrative and regulatory measures to stop further encroachment and conservation of existing wetlands and its biodiversity are other measures suggested by the researchers.(UNI)

Women sculptors fashion Durga, break male bastion

KOLKATA, Oct 9: They are the daughters of mother earth standing tall among their male peers and giving shape and form to the Devi with their nimble fingers.

But what sets these women apart is their feat in breaking the glass ceiling and making a place of their own in a field dominated by men.

As the day for the goddess Durga’s annual sojourn in earth nears, these women struggling through the heat, dust or pouring rain giving finishing touches to the images.

As soon as one steps into the dingy and serpentine lanes of Kumartuli in north Kolkata with narrow workshops placed back to back on both sides, one realises that it is primarily a male-dominated field. Thousands of craftsmen are employed by hundreds of workshops in the area. Only two among these numerous workshops are managed by women.

China Pal and Kanchi Pal, the two women sculptors, have created a niche for themselves in their field. They manage their work like true entrepreneurs. They collect orders, employ artisans, supervise work and even lend the finishing touches. China Pal had to join the trade to keep the home fires burning after her father’s death. He passed away hardly a month before the Pujas in 1994. All the orders for the idols had been received and delivery dates confirmed when the tragedy occurred.

"Though I was not very keen on taking up the job, I accepted it as a challenge. I had little time to mourn my father’s death. I worked day and night, monitoring the works of my artisans and managing the whole scene till i successfully completed all the orders."

Kanchi, however, took to the profession at the tender age of five. "It was a sheer fascination for fabricating the image of the goddess. I grew up watching my father make the lovely ‘Pratimas’ (idols) and dreamt of joining him someday," she reminisces.

China and Kanchi might have a lot in common but they excel in different scools of art and cater to varied customers.

China works on ‘Ek Chala’(single platform image) idols which are not more than six to seven feet tall. These are generally ordered for family Pujas or by the Rama Krishna or Vivekananda mission. Some renowned community pujas have shown an inclination for this traditional form and she gets increasing number of orders from them.

Kanchi, on the other hand, gets orders for only community pujas within the city and suburbs. The ‘Pratimas’ at her workshop reach some 16 feet in height and durga and her children stand on separate platforms which means each set has five idols. The West Bengal Government’s order limiting the size of the idol to 10 feet has hit Kanchi’s budget. "Many idols above the height have been planned and made prior to the Government orders implemented at the eleventh hour," she lamented.

A number of idols, costing over Rs 40,000 each, have found absolutely no takers.

The idols sell at a hefty price but a sizable amount is spent on making them. "It is not easy to make both ends meet with some extra money earned during this time. We try to make the most out of every occasion like Laxmi and Saraswati Puja," says China.

Kanchi agrees, saying "during the dry season we make small showpieces which are sold generally during ‘Rathyatra’ or at fairs. I send over 200 sets of idols to Mumbai every year during the Gongi festival."

Kanchi wishes more women would join the profession and dreams of setting up a training school for them but space is the hindrance. China would help any enthusiastic lady become proficient but would not encourage them to join the trade. "At times I feel exhausted as I spend nights without a wink of sleep before the final countdown to the Pujas."

Discrimination in the profession had never bothered them. Their colleagues and competitors had never looked down upon them or considered them weakr.

The workshops of the ladies are an industry in its own way. Though they are the only ones leading the scene, there a few others who lend a helping hand within the family. They add glitter to the Devi’s outfit by making jewellery and stiching borders with Zari, beads and sequins. (UNI)

Change your life with Vaastu

NEW DELHI, Oct 9: And you thought you were born with an unchangeable destiny. Hard work and dedication combined with the mystic science of Vaastu can see you through the hurdles in life, says a noted Vaastu expert.

"Vaastu is an ancient wisdom expounded in the Vedas that covers all aspects of the science of building. It views the physical environment as an expression of the cosmic spirit. Thus, a building is in essence, a recreation of the cosmos," says Rakesh Chawla who has been dealing with the ancient science for the past one decade.

The word Vaastu means ‘to live’ or ‘to reside’. So Vaastu, in essence, deals with much more than architecture, Mr Chawla says.

Vaastu blends the psychological with the philosophical. It is in the blending of these two levels of human existence and in its deep commitment to right living that the power of Vaastu lies, he observes.

Vaastu is about the art of living — in all its fullness, in accordance with a holistic view of life, where man is deeply connected to the universe and the energy of the elements, according to Mr Chawla, who was a marketing executive with Philips till 1991.

"As such the direction of the building, its relationship with the environment, the energies that will enter its spaces, the shape of the chosen plot, soil conditions and all these are dealt with in detail in the Vaastu Shastras," Mr Chawla adds.

Vaastu helps to align oneself with the nature, connecting the world outside with the world inside. It helps an individual to be more creative and make his personal as well as professional life smooth for him, says Mr Chawla who left a promising career to become a Vaastu consultant. Rakesh Chawla was working with Philips as a marketing executive when he came in contact with a ‘Panditji’ who suggested some changes in his home as per Vaastu norms.

"The result was immediate. I got a promotion," Mr Chawla says.

Impressed by the positive results Mr Chawla decided to leave a promising career and devote full time to Vaastu. He became a professional Vaastu consultant in 1994.

Vaastu helps a person to attain newer heights in his profession, which otherwise he would not have dreamt of. It provides them with the much needed confidence, the expert says.

In today’s age of insecurity and uncertainty, people needs the help of Vaastu to emerge successful in life, Mr Chawla opines.

Citing example of a dancer who had consulted him as his personal life was in a mess, Mr Chawla said ,"I suggested him to change the direction of his bed and shift his cooking range and air conditioner."Over a period of a year dramatic changes occurred in his life, he adds.

"One-third of our life is destiny, one-third is will power and the rest one-third in Vaastu."

Mr Chawla’s clients include many leading politicians and industrialists mainly from the liquor and garment industries.

"Today after taking help of Vaastu, many of them are occupying high positions of responsibilty," Mr Chawla says.

A leading politician of the city changed the entrance of her house from West to East as per the Vaastu norms and had experienced positive results, according to the expert.

However, it is wrong to assume that Vaastu alone can ensure success. Vaastu should complement your efforts, he says. "Destiny always prevails, but by using remedial measures as provided by Vaastu, one can reduce the difficulties of one’s life."

"A liquor industry in Goa was passing through a lean phase for a number of years. After a wall was raised towards the south of the factory, things have indeed started moving for them in the last six months, " he claims.

Mr Chawla cites another case where a garment exporter in Okhla was experiencing downslide in his business after he shifted his office to a much larger location.

"After I suggested to him to relocate the cabin and also to remove the tree blocking the entrance, he achieved phenomenal success."

"The benefits of Vaastu are many. At the physical level, it provides comfort and convenience, and a user friendly environment that is full of space and light. At the psychological level, because of the aesthetic environment it creates, there is a feeling of well-being," he says.

"At the spiritual level, a person’s sense of harmony deepens and there arises an urge to understand the meaning of life and death. In fact, meditation and prayer contribute greatly in enhancing the positive vibrations that Vaastu creates."

However, this mystic science has not yet been fully explored and further research is necessary to develop it, Mr Chawla feels.

Although people are aware of the benefits there are very few Vaastu experts in the country today, he laments. An association of the Indian Vaastu consultants is imperative to share views and expertise, he suggests.

Today, Feng Shui is popular across the globe but the day is not far when Vaastu will be equally popular world wide, he says.

A noted exponent of Vaastu, Rakesh Chawla runs the Institute of Vaastu Kala and also contributes regular columns in newspapers.

Established in 1999, the instiute offers correspondence courses as well as regular courses, which started this year. The duration of the regular course is three months and Mr Chawla plans to start an advanced course in near future. (UNI)