|
|
| CBI did not act independently in Bofors case: Court NEW DELHI, Sept 1: A special court has passed severe strictures against CBI for having delayed the registration of FIR in the politically sensitive Bofors.....more ‘Proxy war situation NEW DELHI, Sept 1: Pakistan will continue to engage in a proxy war against India as long as China ....more ‘Nothing illegal in inviting NEW DELHI, Sept 1: The Centre has submitted before the Delhi High Court that no illegality was.....more Gaur to be new BHOPAL, Sept 1: Senior BJP leader Babulal Gaur was today unanimously elected as the leader of the.....more |
|
Andhra CM vows to continue reforms agenda HYDERABAD, Sept 1: Reforms-savvy Andhra Pradesh Chief Minister N Chandrababu Naidu, who......more Nurse in school hospital not governed under Teachers Act: HC MUMBAI, Sept 1: Mumbai High Court has set aside an order of school tribunal......more SC castigates HC NEW DELHI, Sept 1: The Supreme Court has castigated the Delhi High Court for commuting into......more Noose around Parekh NEW DELHI, Sept 1: The CBI will soon send some more letters rogatory to different...more |
 |
|
Ram Janam Bhoomi Nyas head trustee
demands its dissolution ....
|
|
CBI did not act independently in Bofors case: Court NEW DELHI, Sept 1: A special court has passed severe strictures against CBI for having delayed the registration of FIR in the politically sensitive Bofors pay-offs case, saying there was a massive cover-up operation at the Government level to bury the "truth". Criticising the country’s premier investigating agency for the delay in lodging the FIR and sitting over the matter for about three years before the FIR was ultimately registered in January 1990, special judge Prem Kumar said "there was a massive cover-up operation at the Government level so that truth about the pay-offs/bribes is not revealed. CBI also seems to have been used for the purpose." "That is why one does not find any response from the CBI in fulfilling its statutory obligations (of registering FIR) on coming to know of the allegations of bribery to Indian politicians and defence personnel by A B Bofors," he observed. The observations of the court came in an order rejecting Hinduja brothers’ application seeking quashing of the CBI chargesheet against them in the case on the ground that there was inordinate delay in the probe and the trial. The court dismissed their plea on the ground that "the purpose of the delay in registering the FIR was obviously to help the accused persons and not otherwise," and observed that the CBI did not act independently in this matter. The Government of the day was being run by the very person whom the CBI ultimately named in the chargesheet, the court said and asked "how could then it be expected that so long the regime of Rajiv Gandhi lasted that the CBI would be bold and independent enough to lodge the FIR and conduct the investigation?" "The safe way was to sit over the matter in the name of preliminary enquiry. CBI had not acted independently," it said. "It seems that in this case, the CBI was under the influence of the top political executive of the day and that is why so long as the said regime lasted the case was not registered," the court observed. CBI had named former Prime Minister Rajiv Gandhi as an accused in the first chargesheet filed in October 1999 but kept him in column-2 as he was not alive to face the trial. The court said "the purpose of the massive cover operation by tinkering with the institutions and agencies like the CBI was to see that the matter does not see the light of the day and the truth remains buried in deep swiss vaults." "But the truth has a bad habit and it surfaces and emerges and re-emerges like that Siberian bird Phoenix who rises from its own ashes," it observed. The court noted that "those were unusual and exceptional times when the very person against whom serious allegations emerged was top political executive of the day," and said "the probity in public life, the rule of law and the preservation of democracy required that agencies like CBI perform their legal obligations and proceed in accordance with the law against every person invlolved, irrespective of where he was placed in the political hierarchy." The Bofors FIR was registered on January 22, 1990, nearly three years after the story on the allegations of corruption broke out in April 1987. It was done two and half years after the receipt of the Swedish National Audit Bureau (SNAB) report, two years after the report of the Comptroller and Auditor General (CAG) and presentation of the Joint Parliamentary Committee (JPC) report on the matter. CBI failed to explain to the court as to why it delayed the registration of the case despite having knowledge by April 1988 itself about the materials and press reports referred to in the FIR. The probe agency had registered a preliminary enquiry (PE) in November 1988 which continued till registration of the FIR. What was done in the PE was not disclosed to the court and it was not made clear as to what additional information had been received by CBI to commence the PE, the court said. The FIR too did not mention that any additional material had been received by the CBI before the commencement of the PE, the court noted. Having observed all this, the special judge dismissed Hinduja brothers’ plea for quashing the CBI chargesheet, saying the period of delay can not be counted in their favour "as the delay was entirely due to those or some of those or one of those who were involved in this sordid affair." (PTI) |
|
‘Proxy war situation will continue’ NEW DELHI, Sept 1: Pakistan will continue to engage in a proxy war against India as long as China maintains a strategic alliance with Pakistan for reasons of its own hostility against India, according to a new book. However, the reverse could happen if Pak-Afghan Islamic forces threatened the integrity of the Muslim-dominated Xinziang province of China by unleashing terrorism in a big way in that country, the book ‘Pakistan from Jinnah to Jehad’, co-authored by former CBI Director S K Datta and senior journalist Rajeev Sharma, said. The two writers say they have quoted extensively from Pakistani books and journals in the interest of the objectivity of their work. The 348-page book gives an insight into the life and times of Mohammed Ali Jinnah, the founder of Pakistan, and deals with the prevailing situation in the neighbouring country, under President Pervez Musharraf. Noting that 35 per cent of Jammu and Kashmir was under Pakistan’s control and 20 per cent Under china’s , the book said it would be absurd to call for plebiscite for only 45 per cent of the State, which was now in India. In what way can history be reversed by unification of the original character of Jammu and Kashmir , it wondered. The book said India, Pakistan and China were not likely to yield their respective grounds and, therefore, it is in the interest of these three players not to disturb the present equilibrium by proxy war or by threat of nuclear war . It said that after four wars on Kashmir, there had been hardening of positions of the respective players. The three parties must agree that such an emotive issue must be tackled in a pragmatic manner. If the Valley was handed over to Pakistan, the situation would be similar to what happened to Bengalis, Sindhis and Baluchis. The people in the Valley would be suppressed by the army, which was calling the shots in Pakistan. The book said the low-intensity or proxy war unleashed by Pakistan would bleed it more than India unless it was sustained by one of the big powers or by the cash-rich Middle East. Accusing Islamabad of promoting terrorism, the book said Pakistan is seen to be the hub of international terrorism. The ‘Jehadi groups of all nationalities operate from Pakistan in a big way. No international convention has been invoked to impose sanctions against Pakistan for sponsoring international terrorism , it said. Talking about Gen Musharraf, the book said his past track record was such that it did not provide space for the settlement of the Kashmir issue. Being a Mohajir, he had to prove his loyalty to Pakistan every now and then. His capacity to be innovative on Kashmir was, thus, limited. It said Gen Musharraf’s nuclear blackmailing would also not work. The US strike forces would neutralise Pakistan’s nuke facilities in the event of nuclear weapons being used against India. It said Gen Musharraf had no alternative but to toe the US line if he were to survive politically and physically. In any case, he was not likely to survive politically for a long period. Referring to the founder of Pakistan, the book said Jinnah remained secular till his wife Ruttie was alive. Her death changed Jinnah’s life as he came under the spell of his sister Fatima. She guided Jinnah’s life on the path of Muslim India and anti-Hindu stance. It said a study of Jinnah is a study of phenomenal growth of communal politics in the Indian sub-continent. His gradual shift to aggressive Muslim identification as a cornerstone of his ultimate call for the creation of a Muslim homeland introduced a lethal poison in Indian politics . The book said Jinnah was an example of how a non-practising Muslim, eating ham and drinking whisky, could emerge as Qaid-e-Azam, the suprme leader. Jinnah is the greatest contradiction of history. He put the sub-continent behind by a century . Noting that history was cruel to facts, the book said Jinnah’s personal ambition took precedence over the political and geographical realities of the sub-continent. The wound inflicted by the partition is not likely to heal up soon. Pakistan will have to remain as a hostile neighbour to India for historical and sociological reasons. Jinnah is likely to go into oblivion because of the rise of fundamentalism in Pakistan. One does not know whether he would be again called Kafir-e-Azam without any protest from the Pakistanis , it added. (UNI) |
|
‘Nothing illegal in inviting Sonia to form Govt in 1999' NEW DELHI, Sept 1: The Centre has submitted before the Delhi High Court that no illegality was committed by the President in asking Congress president Sonia Gandhi to explore the possibility of forming the ministry after the fall of Vajpayee Government in 1999, either on the question of her not being then the leader of opposition or her foreign origin. "It is denied that the President of India violated the basic structure of the constitution... But it is submitted that he acted within its basic framework," Law Ministry said in an affidavit in reply to a petition challenging the inviation to Gandhi mainly on two counts — that she is not a natural born citizen and was not then the leader of the opposition. On the question of Gandhi’s citizenship, the Government said "there is only one class of citizens in India and it is submitted that once the citizenship is acquried under the Citizenship Act, 1955, there is no distinction thereafter either it is by birth or acquired under the law." A Public Interest Litigation (PIL), filed by a private organisation Rashtriya Mukti Morcha (RMM), had challenged the the invitation to Gandhi alleging that she had not forfeited her italian citizenship and therefore, her acquiring the Indian citizenship would not be complete. A bench comprising Justice Vijender Jain and Justice R S Sodhi last week posted further hearing on the petition in November saying the matter would be heard by a division bench before which it was listed earlier. The PIL said Gandhi was then not even the leader of the opposition in the Lok Sabha, who has to be called by the President after the fall of a Government. The affidavit said Articles 58, 66 and 84 of the Constitution have laid down the qualifications for contesting election to the office of President, Vice-President and members of Parliament, which are available to a citizen under the Constitution and the citizenship act and "there is only one class of citizens in India." The RMM had alleged that proper procedure was not followed by the Union Home Ministry in granting the citizenship to Gandhi. Its counsel, senior advocate P N Lekhi, has contended that under the Italian laws a citizen never forfeits his/her citizenship, while the requirement under the Indian laws was that a person could not have a dual citizenship. Since Gandhi could not forfeit her Italian citizenship as per the laws of that country, the citzenship acquired by her in India would be violative of the Constitutional as well as the Citizenship Act provision, Lekhi contended. The petitioner has also questioned considering the name of a foreign born person to the high constitutional posts, saying in all leading democracies of the world - the US, Germany, France and several other European countries - a foreign born citizen is prohibited from heading such offices. Lekhi contended that though constituent Assembly had an intensive debate on this issue, it left the question open as the leaders and constitutional experts, who were its members, "had never visualised a situation where a person of foreign origin would ever be considered for an important post of the Prime Minister." He submitted that in the US it was specifically debarred on the consideration that it would pose a threat to the country’s integrity and security. (PTI) |
|
|
|
SC castigates HC for commuting jail sentence into fine NEW DELHI, Sept 1: The Supreme Court has castigated the Delhi High Court for commuting into fine a jail sentence awarded to an accused of food adulteration, exercising power under section 433(d) of the Criminal Procedure Code (CrPC). The right to exercise the power under the provision vests in the executive Government and has to be exercised by it in accordance with the rules and established principles, the court ruled. The ruling was given by a bench of Mr Justice Doraiswamy Raju and Mr Justice Shivaraj V Patil while allowing and appeal by the Delhi Government. One Manohar Lal had been convicted and sentenced to simple imprisonement for one year and fine of Rs 2,000 by a New Delhi metropolitan magistrate for an offence under section 16 read with section 7 for the violation of section 2 (ia)-(a), (j) of the prevention of food adulteration act, 1957. His conviction and sentence were affirmed by an additional sessions judge. The high court in revision, however, commuted the sentence as envisaged under section 433 (d) CrPC and directed Manohar Lal to deposit in the trial court Rs 20,000 as fine in commutation of sentence of imprisonment. He was also directed to inform the Delhi Government of such deposit for formalising the matter by passing appropriate orders in this regard. Hence, the appeal before the apex court by the Delhi Government. Setting aside the order of the high court, the Supreme Court in its judgement noted that no discretion or liberty whatsoever had been left with the State Government to exercise powers under section 433 (d) of the CrPC — the same being part of the residuary sovereign power of the State. "The high court has not only decided to commute but issued a mandatory direction to the Government with no discretion or liberty left with it except to ‘formalise the same’ on payment of the fine amount specified by it. This is nothing but assuming the powers where there are none for the high court," the court observed. The court was of the view that even the appropriate Government might not, as a matter of routine, indulge in the exercise of such power at its sweet will, pleasure and whim or fancy. The court was irked that the high court passed the impugned order following out of context a judgement of the apex court. The court said in this case since the accused had already deposited the fine amount as directed by the high court the appropiate Government should grant the necessary relief to him. (UNI) |
|
||
Noose around Parekh tightens;
more foreign NEW DELHI, Sept 1: The CBI will soon send some more letters rogatory to different countries where the agency has prima facie found that big bull Ketan Parekh had siphoned off the money allegedly acquired through multi-crore Madhavpura Mercantile Co-operative Bank scam. "During investigations into the accounts of Parekh, we have come across certain documents which reveal that he had siphoned off the money not only to Swiss Bank but also to some other countries," highly-placed CBI sources told PTI here. CBI has already sent a letters rogatory to Switzerland authorities who were examining the request by India seeking details of the bank account of Parekh. The letters rogatory was being examined by the magistrate after which an order for passing on information to the CBI was expected, the sources said. The letters rogatory was sent through the designated court in Mumbai after receiving a request for the same from the Ministry of External Affairs. The account, allegedly containing millions of Swiss Francs, had been frozen by the Swiss authorities after the CBI made a request to interpol for an international probe into the alleged siphoning off of money from India, the sources said. Refusing to divulge the name of the countries where the agency suspected that Parekh had siphoned off the money, the sources said the investigations had so far revealed that he had routed a considerable amount to his overseas accounts from the bank. The letters rogatory will seek complete details about the account of Parekh which includes transactions made since its opening, beneficiaries of the account and the actual amount deposited in the bank, the CBI sources said. It would also seek a thorough investigation by the concerned authorities into the route through which the money reached the foreign country, they said. The agency suspected that Parekh had siphoned off the money, allegedly acquired from Rs 1000 crore scam involving Madhavpura Mercantile Cooperative Bank (MMCB), to the Swiss bank. About his Swiss Bank account, the sources said Parekh had opened the account in collaboration with a Bahamas-based corporation. The Switzerland’s money laundering officer had informed the Interpol that information received recently indicated "the money was routed to Switzerland through Bahamas," the sources said. "The CBI got in touch with the Federal Department of Justice to further ascertain the facts and provide information to the agency and with active and prompt response, the Swiss authorities informed US about an account in credit suisse at Zurich," they said. The money was routed to Switzerland through Bahamas, a tax haven, the sources said, adding the contracting partner of this account was a corporation registered in Nassau, Bahamas. (PTI) Ram Janam Bhoomi Nyas head
trustee AYODHYA, Sept 1: Head trustee of Ram Janma Bhoomi Nyas Mahant Dharam Das has accused the Vishwa Hindu Parishad of cheating the common people in the name of Ram temple and demanded dissolution of the trust "as it has outlived its utility". Mahant Dharam Das, who was the original owner of the land where the disputed structure existed, told UNI that the VHP had "cheated him" to transfer the land in the name of the Nyas in 1986 on the false promise of constructing a grand Ram temple in Ayodhya. It had also not informed him that under the Ayodhya Acquisition Act, 1993 passed by Parliament following demolition of the disputed structure that the land could not be returned to the trust, he added. "If it was so, then the VHP should have dissolved the trust and floated a new organisation. But they kept me in the dark about this legal angle and continued cheating the people and collecting funds in its name. A major chunk of the funds collected was invested by VHP leader V H Dalmia, who was treasurer of the Nyas, in his personal business while Ashok Singhal and others used it for their luxurious life style," he alleged. Mahant Dharam Das said he has already moved the court for disbanding the RJBT under section 419, 420, 467, 468, 471, 478 and 120b as it had "conspired to cheat the people." VHP leaders Ashok Singhal, Dalmia and Mahant Ram Chandra Das, who have been made respondents in the case, should give an account of the funds used by the Nyas and it should be disbanded. The matter would come up for hearing before the Lucknow bench of the Allahabad High Court on September 9, he said. "Like Sita who was cheated by Ravan posing as a Sadhu, I was cheated by the VHP leaders as I believed their promise that they would construct a grand ram temple and Dharamshala for pilgrims and develop the town. But they have used the sants for strengthening their organisation and propagating the political cause of the BJP by creating religious discord in the country," Mahant Dharam Das alleged. The simmering discontent within the Sants of Ayodhya with the VHP’s style of functioning came to the fore last week when they floated a new outfit "Vishwa Dharam Raksha Parishad" to "amicably solve the Ayodhya dispute through negotiations with the Muslim religious leaders who were party to the Ayodhya dispute." Mahant Dharam Das, who is the president of the Parishad, said that the sants of Ayodhya do not want any interference from the VHP leaders who were outsiders in the case. "This is a matter of religion and only religious leaders will decide it and not those who play politics in the name of religion," he added. "Due to the VHP leaders’ interference only Ram Lala is still in police custody till now. Their interference caused such an explosive situation that leave alone the disputed structure, 67.7 acre of land has been acquired by the Government. Now if they interfere again, the entire Ayodhya would be acquired," the defendant in the Ayodhya dispute case quipped. "We will solve the matter amicably with our Muslim brothers through talks. I have already offered them about ten acre of my land lying within the Panchkoshi Parikrama about 3 km from the disputed structure and hope that their response would be positive," he said. Accusing the VHP of demolishing many Hindu temples to clear the land before the demolition of the disputed structure took place, the Mahant said, "Woh To Babur Ke Bhi Baap Hain. Usne To Ek Mandir Tor Kar Masjid Banaya, In Longo Ne Terah Mandir Tora Aur Phir Bhi Ram Mandir Nahin Banaya (they are even worse than Babur. He demolished a temple to construct a mosque, but they demolished 13 temples and still did not build a Ram temple)." Mahant Dharam Das, who claimed to have removed the idols of Ram Lala from the disputed structure before angry Karsevaks demolished it on December 6, 1992 and later placed them in the makeshift temple, said that the VHP had claimed the mosque was demolished. It was the Ram temple which was demolished by the Bajrang Dal workers on the fateful day as idols were there and prayers were being offered, he claimed. He also questioned the need for spending Rs 2 crore of the Ram Janam Bhoomi Nyas Fund for the Shilapujan programme held in March this year. The people of the country has donated the money for the temple construction so where was the need for doing "Shiladaan" to a Government functionary. As a trust the Nyas was expected to protect the public fund and use it only for temple construction, it has failed in this regard," he added. (UNI) Cong will not enter into alliances for Himachal polls CHANDIGARH, Sept 1: The Congress in Himachal will not enter into poll alliance with any party for the State elections scheduled early next year, party president Vidya Stokes said today. "There is no question of any alliance, but we can consider those who wish to join the party fold," Stokes said in a meet-the-press programme at the Press Club here. Claiming that Congress would form the next Government in Himachal, she said "corruption, poverty and unemployment have increased manifold during the rule of Prem Kumar Dhumal Government". Attacking the Dhumal Government for its alleged non-performance, fiscal mismanagement and failures on all fronts, Stokes said that people from all walks of life had "lost" confidence in the State Government. "It stood exposed on issues of corruption and anti people policies like power and water tariff hike, laying user charges in hospitals, selling interest to outsiders in signing mous on hydel projects." "Even the Government employees are fed up and many of them are being victimised and harassed by way of arbitrary transfers. Humiliating assignments are given to subdue those public servants who are found inconvenient," she alleged adding the State Government had recruited and placed men of "undisputed mediocrity at important places in the administration through a skewed process of selection and placements". "If Congress comes to power, we will review all such selections and appointments and fix responsibilities as had been done in the Sidhu’s case in Punjab," Stokes said. Stokes also opposed the timing of the Dhumal Government to initiate "the formation of new districts in the State and formulation of youth policy". We are not opposed to these moves, but these have come at a time when the Government is at the fag end of its term. "If a new district has to be carved it will cost around Rs 150 to Rs 200 crore. Where is the money going to come from. The State is facing financial crunch as the debt trap as on March end this year stood at more than Rs 15000 crore," she said. Terming the ruling coalition led by BJP in Himachal as a "roll back Government," Stokes announced that the party would "reverse all anti-people decisions on coming to power". Stokes said that in order to ensure more and more people’s participation in the Government, the party would lay more stress on decentralisation of power to make Panchayati Raj institutions functional, responsive and accountable for rural development at grassroot level. Asked if there were many groups within Himachal Congress, Stokes said the party was "completely united". "I don’t think there are any groups. It is sometimes wrongly projected that myself and Vir Bhadra are not together. We may have two different views on how to function, but we cannot take two paths." On who would be the next Chief Minister if Congress were to come to power in the State, she said, "it can be me, Vir Bhadra Ji or anyone else...It is for the party high command to decide". Asked if women would get the priority to contest, she said all winnable candidates with clean image will get a chance. "Surely, we will g ive preference to women, but that comes third on our priority." Stokes said that the party structure at the grassroot level had been reorganised during a short span of 20 months. "The challenges to come upto people’s expectations are all the more difficult to meet when you are in opposition." Expressing concern over the "growing unrest" among the educated unemployed youth whose number stood at "ten lakh", stokes alleged that the present State Government had failed to frame any short term or long term policy in this direction. "Congress will do its best in ensuring job to atleast one member of a family. There is also a need to evolve and redraft a new education policy by bringing much needed qualitative changes to make it job-oriented." Saying that the party was committed to the welfare of employees, she said "we will honour our early assurance to regularise the services of all daily wagers who have completed five years service." (PTI) |
||
|
||
|
| home | state | national | business| editorial | advertisement | sports | |
