Singer’s live show hangs in balance, IPRSL approaches HC

NEW DELHI, Nov 6: The live public performance of upcoming Bollywood singer Sunidhi Chauhan slated for Saturday evening here hangs in the balance as the Delhi High Court today directed the organisers of the show to deposit the licence fee for the copyright musical works to the Indian Performing Rights Society Ltd (IPRSL).

Justice Manmohan Sarin in an ex-parte interim order restrained the organisers of the show titled "Sunidhi Chauhan-live" scheduled for November 8 at the Jawaharlal Nehru stadium from going ahead with it untill they pay the licence fee to the IPRSL, the sole national copyright society of composers, authors and publishers of literary and musical work.

The Court directed the organisers Spire Media Pvt Ltd to deposit Rs 75,000 prior to the show and the rest after the performance.

Asserting that the society provides single window clearance and automatic permission for the works of its members which comprise 95 per cent of all music in the world on individual basis, senior advocate Rajiv Nayar and Pravin Anand appearing for IPRSL said the organisers of the show failed to fill the mandatory live performance application form and requisite tariff to obtain the rights for exploiting the music work, the copyright of which rests individually.

The IPRSL alleged that the organisers were given a chance to complete the legal formalities but they chose to ignore it and on telephone refused to pay the tarrif and decided to proceed with the ‘illegal’ show.

The society informed the Court about the previous live show by Bollywood stars and singers where the organisers went ahead with their performance only after completing the legal formalities at the last moment.

Accepting the contentions, the Court said "in these circumstances, unless the defendants (organisers) pay the Sum of Rs 75,000 prior to the show they are restrained from going ahead with the live show". (PTI)

Jaya working to form non-BJP, non-Cong Govt at Centre

CHENNAI, Nov 6: In a dramatic announcement, Tamil Nadu Chief Minister and AIADMK supremo J Jayalalithaa today ruled out alliance with the Bharatiya Janata Party (BJP), declaring that her party would strive for the formation of a non-BJP and non-Congress Government at the Centre after the next Lok Sabha elections.

Ms Jayalalithaa made the significant statement on the floor of the state Assembly after accusing the two parties and the previous Janata Dal coalition Government headed by H D Deve Gowda of having done injustice to the state on the Cauvery water issue.

The AIADMK supremo, who sought the cooperation of the Left parties for the formation of such a Government, later clarified that whether the Left parties cooperated or not, "the AIADMK will strive to form a new Government at the Centre."

When Mr J Hemachandran (CPI-M) reminded her of the reported remarks made by Minister of State for Defence and Parliamentary Affairs O Rajagopal that Ms Jayalalithaa-led AIADMK was ready to come back to the NDA-fold at the Centre, she said "whatever others say, the AIADMK is clear in its policy and there is no change in it."

Ms Jayalalithaa was intervening during the debate on the first supplementary estimates for the year 2003-04, when Mr Hemachandran faulted the Government for not getting the state’s share of Cauvery water.

Ms Jayalalithaa contended that the BJP, the Congress and the Janata Dal, which were in power at the Centre, were not interested in rendering justice to Tamil Nadu as they had political stakes and vote banks in Karnataka and did not want to antagonise the voters.

As the three parties could not even dream of coming to power in Tamil Nadu, they had betrayed and done injustice to the state, she alleged.

Noting that the three parties were aspiring to come to power at the Centre by winning maximum seats in next Lok Sabha elections, Ms Jayalalithaa said if they had ensured release of water to the state, they knew that it would badly affect their electoral prospects in Karnataka.

If the three parties came to Tamil Nadu, seeking votes, after all these "betrayals," the people of the state, especially those in the Cauvery delta areas, would chase them away, she warned.

If the state had to get justice, a non-BJP, non-Congress and non-Janata Dal Government had to be formed at the Centre, the Chief Minister said.

There were thumping of desks by the members of the treasury benches when she stressed the need for forming a new Government, which would respect the voice of Tamil Nadu. (UNI)

Labour MP of Asian origin creates waves in UK

LONDON, Nov 6: His mother worked as a cleaner in a local hospital and his father was a lorry driver. Like many Indians looking for greener pastures abroad, the couple from Jalandhar came to the UK in the 60s.

The struggle in the formative years of his life left a deep impact on their son Parmjit Dhanda. Most of what they earned went towards education of their three children.

Parmjit passed out of the mellow lane school before going on to study engineering at Nottingham University and later completed his MSE in information technology.

A year after leaving university, he was appointed as one of the labour party’s organisers. At 29, he became the youngest-ever MP of Asian origin to enter the House of Commons.

"My mum was a cleaner in a hospital, a job many were reluctant to do," he says with pride about his mother’s working class background.

Fighting for her rights, his mother got involved in trade union activity. And this led to his interest in the trade union affairs.

"I too worked in the trade union movement," Parmjit, now 32, told a group of of visiting Indian journalists.

Confident and articulate, the Labour MP said after spending seven years volunteering and campaigning for the local labour party branch, he led a successful campaign in the London borough of ealing in 1998.

Steadily moving ahead on the politician horizon, Parmjit was soon elected as a councillor for the London borough of Hillingdon, a role he was asked to continue, Albeit in a diminished capacity, till the term ended in May last year.

He was an ‘outsider’ when he decided to contest from Gloucester facing an array of strong candidates and the odds heavily stacked against him.

Parmjit, who succeeded tess kingham as MP, says his candidacy speech tilted the pendulum in his favour. He still vividly remembers the loud applause when he said "first and foremost, I will be a hard-working constituency MP".

The labour MP, who was born in London in 1971, said coming from the humble roots "it is a big challenge".

In a house of 650, Parmjit is one of the 12 ‘non-white’ MPs of whom six are of Asian origin.

Asked about the Gujarat riots, he said "Gujarat is a massive area of concern". Though pre-dominantly a constituency inhabited by `whites’, there is presence of some Muslims and Hindus mainly from Gujarat.

Parmjit, who has effectively contributed to debates on international terrorism, rebelled on the Iraq issue. "It was one the hardest things to do in my political career," he said.

"I was clear that we need a second UN resolution authorising any military action and we should wait for it," he said. (PTI)

Courts not to use expert opinion to checkmate eyewitness: SC

NEW DELHI, Nov 6: Giving primacy to eye-witness accounts in a criminal case, the Supreme Court has ruled that courts should not disbelieve an eye-witness in case a contrary opinion was expressed by medical experts.

Setting aside a Patna High Court judgement acquitting eight convicted by trial court in a murder case on the basis of medical evidence, a bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat said that over dependance on medical expert’s opinion ignoring the eye-witness account was not a safe procedure to be adopted.

Referring to the variance between eye-witness account of injuries and the opinion of the doctor, the bench in a recent judgement said "it is trite law that oral evidence has to get primacy and medical evidence is basically opinionative."

Justice Pasayat, writing the judgement for the bench, said the High Court was not justified to knock out an eyewitness on the strength of an uncanny opinion expressed by a medical witness.

"Over dependence on such opinion evidence, even if the witness is an expert in the field, to checkmate the direct testimony given by an eyewitness is not a safe modus adopted in criminal cases," he said.

The case related to day-light murder of a school teacher by a group of persons led by one Prabhu Nath Yadav and his associate armed with guns, revolvers and bombs at the main chowk of a Bihar village. The incident was witnessed by many.

While the eye-witnesses said that Jha had shot the deceased in the lower part of his chest, the medical evidence said that no bullet injury was found in the lower part of the chest. However, the medical evidence tallied with the other injuries described by the witness.

Rejecting the plea that this discrepancy was a ground for acquittal, Justice Pasayat said it has now become axiomatic that medical evidence could be used to repel the testimony of eye-witness only if it is so conclusive as to rule out even the possibility of the eyewitness’ version to be true.

He said that the doctor expresses his views one way or the other depending on the questions asked to him and the answers given by him could not be the last word on possibilities relating to the commission of crime.

Justice Pasayat said "to discard the testimony of an eyewitness simply on the strength of such opinion expressed by the medical witness is not conducive to the administration of criminal justice."

"It is only when the medical evidence specifically rules out the injury as claimed to have been inflicted as per the oral testimony, then only in a given case the court has to draw adverse inference," the bench said.

Setting aside the High Court order, the apex court cancelled the bail granted to the accused and directed them to surrender forthwith for serving the remaining part of the sentence awarded to them by the trial court.(PTI)

Advani renames Kolhapur station, new train to link capital

KOLHAPUR (MAHARASHTRA), Nov 6: Fulfilling a long pending demand of the people of this southern-most district of Maharashtra, Deputy Prime Minister L K Advani today renamed Kolhapur railway station as Shri Chhatrapati Shahu Maharaj terminus and said a direct train from here to New Delhi would start next year to benefit the people to a great extent.

Addressing the function at the railway station here, he said that Shau Maharaj is the founder and architect of modern Kolhapur whose growth in modern times has been fascinating.

He said the district is abundant in natural resources and is one of the most agriculturally-advanced districts of the state. It was also progressing industrially, he added.

Advani lauded Chhatrapati’s vision and said he had dreamt of reservation for weaker sections and set a goal for providing education to all.

Chhatrapati had palyed a vital role to bring Kolhapur city on the railway map.

Railway Minister Nitish Kumar in his address said the station would be developed as a model one and would be connected to Delhi by a superfast express train next year.

The ceremony was attended by former Maharashtra Deputy Chairman Gopinath Munde, State Industries Minister Patangrao Kadam, senior BJP leader Pramod Mahajan.

However, local MP Sadashiv Rao Mandalik was conspicious through his absence at the function.

Referring to his absence, Kumar said he felt sorry that he did not turn up because of some grievance. "Had I known it earlier, I would have met him and tried to remove his grievance".

Even Advani said that if the local MP was present at the function it would have been "very good". (PTI)

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