Excelsior... Nation

Black money: FinMin sets up panel on ‘voluntary compliance’.......

Accused in Sonawane murder case allege he demanded ‘bribe’........

Armed Forces Tribunal wants contempt powers.........

CBI searches premises of accused in Adarsh housing scam............

SC takes lenient view of elderly
convicts; reduces sentence

NEW DELHI, Jan 30: The Supreme Court has held two elderly persons and a 35-year-old man guilty of killing their neighbour over a petty issue in Punjab more than 15 years ago.

A three-judge bench of Justices H S Bedi, P Sathasivam and C K Prasad, however, converted the conviction for murder (302 IPC) to that of culpable homicide not amounting to murder (304-Part 1) and reduced the punishment to five years to the convicts.

While reducing the period of imprisonment, the court took into consideration the advancing age of the main convict, Gurdial Singh, who is now 85 years, besides the fact that they had no real motive of murdering the victim, Buta Singh.

It was the prosecution’s case that the appellants—Gurdial, his brother Bakshish Singh (70), and an accomplice Darshan Singh on September 10, 1995 attacked their neighbour Buta Singh and his family members—Gurmeet Singh, Chint Kaur, Mohinder Kaur and Kulwinder Kaur with a ‘gandasi’ (axe).

Buta died in the attack while the others sustained injuries.

The motive behind the attack was said to be diversion of a drainage line by Gurdial despite the fact that Buta had obtained an injunction against the move from a court.

A sessions court sentenced the three accused to life imprisonment and the Punjab and Haryana High Court dismissed the appeal, following which they appealed in the apex court.

The apex court rejected the plea of the convicts that they were innocent and falsely implicated.

"We are of the opinion that no fault can be found with the conviction of the appellants in the light of the fact that the prosecution story rests on the evidence of three injured witnesses.

"We, however, see that the weapons used were in fact implements of common use which are normally carried by villagers all over India and they do not reflect any prior intention on the part of the accused to commit murder. It also appears that Gurdial Singh had used the Gandasi from its blunt side as would be clear from the evidence of the doctor," Justice Bedi observed writing the judgement.

The apex court said if the convicts had intended to murder Buta Singh, there was nothing to stop Gurdial from using the axe from its sharp side as that would have made it a more effective weapon.

"We are, therefore, of the opinion that the appellants are liable for the offence under Section 304 Part I read with Section 34 of the IPC. We are told by the learned counsel that they have already undergone about 5 years of the sentence.

"In the light of this fact, and keeping in view the age factor of Gurdial Singh in particular, we feel that the ends of justice would be met if the appellants are imposed a sentence of 5 years RI, under Section 304 Part I read with Section 34 IPC (common intention), the other parts of the sentence being maintained as it is. With this modification in the impugned judgements, the appeals are dismissed," the bench said in its judgement. (PTI)

Krishna condemns radio collar tags on Indian students

BANGALORE, Jan 30: External Affairs Minister S M Krishna today strongly condemned the reported forcible wearing of radio collars around the ankles of Indian students in the Tri-Valley University in US and demanded severe action against those responsible for the "inhuman act".

"We demand the US government initiate severe action against those officials responsible for this inhuman act. Indian students are not criminals. The radio collars should immediately be removed," he told reporters here.

"The Ministry will extend all help to the students. The parents need not worry since the matter has been taken up with appropriate authorities," he said.

The Government would also provide suitable assistance to the affected students if they wished to return to India, he said.

Some of the Indian students who had landed themselves in the dubious university, mostly from Andhra Pradesh, were reportedly forced to wear radio collars around their ankles to enable the US authorities keep track of their movements.

To a question on unrest in Egypt, he said, "Our Ambassador to Egypt R Swaminathan is in close contact and had discussion twice with me since last night". The envoy informed that all Indians were safe and their family members need not worry about their safety.

"Government of India will safeguard and provide adequate help if any of them would like to come back," he said.

Krishna said during his last visit to Islamabad, he had extended invitation to Foreign Minister Sham Mehamood Quarishi to visit India so that the dialogue could be continued, but there was no positive response as of yet, he said. (PTI)

Nation pays tribute to Mahatma
Gandhi on 63rd death anniversary

NEW DELHI, Jan 30: President Pratibha Patil, Prime Minister Manmohan Singh, Congress president Sonia Gandhi and other top leaders today led the nation in paying homage to Mahatma Gandhi on his 63rd death anniversary.

Floral tributes were paid to the Father of nation at his beautifully decorated memorial, Rajghat, this morning and devotional songs, including ‘Vaishnav Jan’ were played and a multi-faith prayer was organised.

A two-minute silence was also observed by the leaders remembering the ‘apostle of peace’ on his death anniversary which is observed as Martyrs’ Day.

Children from schools also sang songs at the prayer meeting including those loved by ‘Bapu’.

Prayers were offered by religious leaders of Buddhist, Bahai, Christian, Hindu, Muslim, Jain, Jewish, Parsi and Sikh faiths.

Gandhiji is revered world over as an apostle of peace and was a great believer in inter-faith harmony and fought all his life for it. It was on this day in 1948 that Gandhiji was assassinated. (UNI)

Gadkari dismisses Rahul comment
on black money as ‘a joke’

CHENNAI, Jan 30: Charging Congress with adopting a "contradictory stand" on black money stashed abroad by Indian nationals, BJP today derided Congress leader Rahul Gandhi’s demand to bring such persons to book, calling it "a joke".

"Congress Ministers have refused to reveal names of account holders in banks abroad, while Rahul Gandhi has remarked that black money holders should be brought to book. This statement is nothing but a joke," BJP President Nitin Gadkari told reporters here.

Coming down on the UPA Government for not revealing the names of Indians who had parked black money in banks overseas, Gadkari demanded to know why it was hesistant to do so. "What prevents you from doing it?".

Joining the raging debate on black money, Gandhi had yesterday demanded stringent and speedy action against corruption, saying Indian money lying outside the country should be brought back.

Gadkari dismissed as an "eyewash", the visit of Foreign Secretary Nirupama Rao to Sri Lanka tomorrow to discuss with the island government the issue of attacks on Indian fishermen allegedly by it’s navy.

"The Congress is not serious about it (attacks on Indian fishermen by Sri Lankan Navy)," Gadkari said.

He said Opposition Party Leader in the Lok Sabha Sushma Swaraj would visit Vedharanyam in Tamil Nadu, the nearest spot to the Sri Lankan Coast and also Sri Lanka in February to acquaint herself with the hardships faced by Indian fishermen.

Gadkari said BJP would not on its own seek the support of any party for the coming assembly polls in Tamil Nadu, due in May, but are open to alliances with like minded parties.

"We will not go to seek the support of any party. We are ready for alliance. If they are ready, we are also ready," he said.

Gadkari pointed out that his party initially had just two MLAs in Karnataka but was now in power there. "Similarly, we will grow (wherever we are). In Tamil Nadu we will work very hard for the coming elections," he said.

On attacks on Indian fishermen allegedly by the Sri Lankan Navy, he alleged the Centre was not serious about tackling it.

"BJP will raise the issue in and outside Parliament," he said.

Gadkari termed as unfortunate and totally false, the appointment of P J Thomas as Chief Vigilance Commissioner.

"Opposition Party leader Sushma Swaraj has already said she would file an affidavit (in the Supreme Court)", he said.

On January 27, BJP had slammed the Government for claiming in the Supreme Court that the Committee which chose Thomas as CVC last year was not aware of corruption charges against him and sought an answer from Prime Minister Manmohan Singh for the "patent lie".

Sushma Swaraj, who was a member of the Committee headed by Singh and had opposed Thomas’ selection in writing, had said she would file an affidavit in the Apex Court to "set the record straight".

Asked about the new Telecom policy launched by Telecom Minister Kapil Sibal, he said there was need for "transparency" in it.

"What we need is a transparent policy. BJP has already prepared a policy in coal auction and there is a separate e-auction for it. We need only a transparent policy," he said.

Sibal had said yesterday that all operators would henceforth have to pay market price for initial as well additional spectrum.

Gadkari said the 2G spectrum scam has "damaged" the image of the country and the Centre should take a correct "transparent" action in this regard.

He alleged that the Centre’s wrong policies had resulted in 18 per cent inflation. (PTI)

Fire in Punjab and Haryana High Court

CHANDIGARH, Jan 30: A fire broke out in the old record room of the Punjab and Haryana High Court today but there were no reported casualties, fire brigade officials said here.

Five fire tenders were rushed to the spot to douse the blaze, which was brought under control after a few hours, they said.

The cause of the fire and the amount of loss is being ascertained, they added. (PTI)

IAF bags best marching contingent award

NEW DELHI, Jan 30: The Indian Air Force has bagged the ‘Best Marching Contingent’ award amongst the three Services at this year’s Republic Day Parade while the Indo- Tibetan Border Police has been adjudged the best amongst the paramilitary.

More than 10 contingents of the three Services marched on the Rajpath and included horse-mounted columns of Army’s 61 Cavalry, Punjab Regiment, Grenadiers Regiment, Rajputana Rifles Regiment, Rajput Regiment, Sikh Light Infantry Regiment, Jammu and Kashmir Light Infantry, 3 Gorkha Rifles and the Territorial Army along with a column each of the navy and the Air Force.

The marching contingents of paramilitary and other auxiliary civil forces included Border Security Force, Assam Rifles, Coast Guard, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, Sashastra Seema Bal, Railway Protection Force, Delhi Police, National Cadet Corps and National Service Scheme.

Among the 23 tableaux showcasing their respective states and ministries, the tableau from Delhi, with its theme of cultural and religious harmony in the national capital, has bagged the coveted first prize.

The awards to the winning contingents would be given away by Defence Minister A K Antony on Monday.

The Karnataka tableau, depicting the exotic handicraft of Bidriware from Bidar region, and Jammu & Kashmir tableau, portraying the Bhand Pather folk theatre from Kashmir Valley, has won the Second and Third Prize respectively in this category.

Among the five School Children Items that took part in the Parade, the ‘Bhangra’ dance from Punjab, performed by children from the North Zone Cultural Centre, Patiala has been adjudged the best.

‘Rangeelo Rajasthan’, presented by Government Girls Senior Secondary School, Amalwas, Delhi, has been given a consolation prize. (PTI)

Nation remembers Mahatama
Gandhi on his death anniversary

NEW DELHI, Jan 30: President Pratibha Patil and Prime Minister Manmohan Singh today led the nation in paying homage to Father of the Nation Mahatma Gandhi on his 63rd death anniversary.

Patil, Vice President Hamid Ansari, Singh, UPA Chairperson Sonia Gandhi and Leader of Opposition in Lok Sabha Sushma Swaraj paid floral tributes at Gandhi’s memorial in Rajghat.

Defence Minister A K Antony, former Deputy Prime Minister L K Advani, Urban Development Minister Kamal Nath, Delhi Chief Minister Sheila Dikshit, chiefs of three services, central ministers, leaders of various political parties and people from different walks of life also paid tribute to the apostle of peace at his memorial.

A multi-faith prayer service was also organised with religious leaders of Hinduism, Islam, Buddhism, Bahai, Christianity, Jainism, Jewish, Parsi and Sikhism participating in the programme.

Devotional songs were also sung. (PTI)

Chitra launches fund for unemployed musicians

THIRUVANANTHAPURAM, Jan 30: Noted playback singer K S Chitra is all set to launch a fund for unemployed and aged musicians, who have lost their livelihood with the advancement of technology in the music industry.

"The fund ‘Sneha’ being launched with the support of Kerala based cable network ‘ACV’ proposes to provide help to musicians with financial impediments and those suffering from health problems," Chitra said.

Chitra, who has sung more than 25,000 songs and won several national and state awards, said advancements in technology in the industry had rendered a lot of prominent musicians jobless.

Recalling her earlier days as a singer, she told reporters here that recordings used to be done with a live orchestra.

"Now technology has replaced the instruments," she said.

"Things have changed now. Sometimes we know the duet singing partner only when one sees the casette of songs," she said.

Senior musicians used to give tips on various aspects, she said adding, "all such things have become a thing of the past".

The Fund would be formally launched here on February 15 at a function organised to felicitate Chitra on completing 30-years in the music industry, well-known film director T K Rajeev Kumar and ACV Executive N N Vivekanandan Nair said.

The musical night named ‘Chitrapournami’ would bring together singers like K J Yesudas, Hariharan, S P Balasubhramanyam, S Janaki and P Susheela and Sujatha on the same stage, Rajeev Kumar said. (PTI)

Black money: FinMin sets up
panel on ‘voluntary compliance’

NEW DELHI, Jan 30: Amid the growing clamour to crack down on generation of black money, the Finance Ministry has instituted a study group to improve "voluntary compliance" by suggesting appropriate measures to motivate tax evaders to disclose their unaccounted funds.

The study, which will be conducted by economic and tax experts, is also aimed at stopping "commoditisation of tax avoidance schemes".

The latest study comes in the backdrop of Finance Minister Pranab Mukherjee’s statement that two groups have been constituted to look into different aspects of black money, including a proposed amnesty scheme to unearth unaccounted wealth.

As per the statement of the proposal put forward by the Income Tax Department, "Complexity and innovation in business structures, new financial products, a large number of taxpayers, growth in international trade supported by rapid expansion of e-commerce, commoditisation of tax avoidance schemes are some of the factors leading to increased compliance risk for the tax administration."

It may not be possible for the Income Tax Department to address these risk factors through the traditional tools based on verification and enforcement action alone, the proposal added.

"Tax compliance costs impose a burden on the taxpayers. If the amount is a big percentage of the tax payable, it deters small and medium taxpayers from being a part of the tax system," it said.

As such, "The challenge before the IT Department is to ascertain the extent of compliance cost for different categories of taxpayers and develop focused programmes to reduce the compliance costs for improving voluntary compliance," the statement said.

"The study group will strategise to increase direct tax collections and suggest measures to curb tax evasion effectively in the changing business scenario, which includes curbing generation of black money," a senior Finance Ministry official said.

The study group, according to the official draft of the Finance Ministry, will undertake a four-pronged approach to "better understand compliance issues from the perspective of taxpayers".

The group will then make recommendations with respect to the operational decision-making process on the basis of views expressed by affected parties, as well as facilitate participation in the tax system by all segments of taxable citizens. In addition, it will study the barriers to compliance as an ongoing programme and the compliance cost with respect to different categories of taxpayers on a periodic basis.

"The Income Tax department has to pay greater attention to understanding the factors that shape taxpayers’ compliance behaviour in order to craft and implement a potentially more effective set of responses.

"The challenge before the Income Tax Department is to identify and assess compliance risks, not only domestically, but also internationally, on the basis of priorities identified with the help of a sound risk management system," the proposal said.

The department will also study the extent of revenue leakage "with clear identification of the activities and the factors responsible for its growth", which will help the I-T Department optimise revenue mobilisation. (PTI)

Accused in Sonawane murder
case allege he demanded ‘bribe’

MUMBAI, Jan 30: Some of the accused in Yashwant Sonawane murder case have alleged in statements to police that the slain officer had demanded a "bribe" to settle the matter when he spotted oil adulteration near Manmad on January 25.

The police, however, said such counter-accusations are common.

The investigating officers have recorded statements of the 10 accused who are in police lock-up, while the main accused Popat Shinde’s statement is yet to be recorded, police said.

In his statement, Kunal Shinde, Popat’s son, alleged that additional collector Sonawane had demanded "a huge amount of bribe" to settle the matter at Sagar dhaba near Manmad in Nashik district, when he spotted oil adulteration there.

"There are some allegations (against Sonawane)... But generally such allegations are made by the accused to defend themselves. We are probing the matter from all angles," said Milind Bharambe, Superintendent of Police at Nashik.

"These allegations will not weaken the case. I can’t say more on this as it is a very sensitive matter," he added.

Seeing the oil adulteration in process, Sonawane stopped his car, and after learning that pilferage was taking place at Popat’s behest, the additional collector then summoned him, police sources said, quoting the accused’s statements.

Summing up the statements of all the accused, the sources said Popat reached the spot and after an argument, he apparently poured kerosene on Sonawane, and set him afire.

"During the brief discussion, Popat tried to convince Sonawane that he would pay the bribe later. But the bureaucrat was allegedly not ready to wait, leading to the gruesome incident," the sources said.

Eleven persons have been arrested in connection with the murder. The main accused Popat has been admitted in state-run J J Hospital here with severe burns. He received injuries when Sonawane held on to him after he was set on fire.

Popat’s condition is serious and he has been kept under observation, doctors said.

The police are yet to record his statement. "We tried (to record Popat’s statement) but he is not able to speak. His condition is still critical," said Samadhan Pawar, Deputy Superintendent, Nashik.

According to the FIR, Popat, helped by his son Kunal, and their aides Balerao and Shirsat, poured kerosene on Sonawane and torched him. (PTI)

Armed Forces Tribunal wants contempt powers

NEW DELHI, Jan 30: With the Defence Ministry refusing to reinstate a Muslim soldier acquitted of the charges of being an ISI agent, the Armed Forces Tribunal has asked the Government to provide it with contempt powers to get its orders implemented.

It has also allowed the counsel of the soldier to file a petition in the Supreme Court so that proper directions could be given to make the tribunal "functional and effective".

The tribunal had last year quashed an Indian Army order against Naib Subedar Fayaz Khan where he was summarily court martialled from his post of religious teacher in 25 Rajput Regiment on allegations that he had links with Islamic terror groups.

"This is an unfortunate matter as the order has not been complied with till this date. Notice has been issued a number of times to all authorities including the Defence Secretary but without any result.

"We feel that we are handicapped because we do not have powers to issue a civil contempt to get the orders of the tribunal executed," its chairperson Justice A K Mathur said while hearing Khan’s petition.

Expressing the tribunal’s "helplessness", he said, "It is sad that the power of civil contempt for getting the tribunal’s order executed has not been given in the Act. It may be an error or omission or may be deliberate. But because of not having this power we cannot issue a civil contempt to get our orders executed."

Observing that lack of civil contempt power was hampering the functioning of the tribunal, Justice Mathur said, "The recommendation for necessary amendment in the Act has already been sent to the Government a long time back.

"The orders are at the mercy of the authorities, if they wish they can execute and if they do not wish, they may not. This is a serious thing which has been already taken up with the government but without any result.

"We feel helpless that this tribunal cannot come to the rescue of persons despite the orders passed by the tribunal. It is a very strange state of affairs and we are sorry to say that we cannot help the petitioner," he said.

Dismissing Khan’s plea in absence of contempt power, Justice Mathur allowed his counsel Maj S S Pandey to file a petition before the Supreme Court.

"We certify that this is the fit case to be taken to the Supreme Court so that proper directions can be given by it to make this tribunal functional and effective," he added.

Under the Armed Forces Tribunal Act, 2007, powers to prosecute a person for criminal contempt have been given under Section 19. Recommendations for necessary amendment in the Act were sent to the Centre some time back by the tribunal. (PTI)

CBI searches premises of accused
in Adarsh housing scam

MUMBAI, Jan 30: A day after registering a case in the Adarsh Housing Society scam, the CBI today carried out searches at premises in Maharashtra and Bihar of three main accused, including a retired Army officer and a Congress leader, named in the FIR.

The searches were conducted at the residences and other places of the society’s general secretary R C Thakur, retired Brigadier M M Wanchoo and Congress leader K L Gidwani in various parts of Maharashtra and Bihar. The office of the Adarsh society located in posh Colaba here was among the places raided.

The raids come a day after the CBI filed an FIR naming 13 people, including former Maharashtra Chief Minister Ashok Chavan and some retired senior Army officials.

"Searches are being conducted at Thakur’s residences in Bihar, Nagpur and Thane and Wanchoo’s house in Pune and Gidwani’s house in Mumbai. Searches are also being conducted at the office of Adarsh society," a senior CBI official said.

According to CBI sources, Thakur, Wanchoo and Gidwani were allegedly the prime movers in building the society. All the three are accused of usurping land not belonging to them and illegally grabbing it, the sources said.

Thakur was the then sub-divisional officer at the Defence Estate Office of Mumbai while Gidwani, a former Congress MLC, was the chief promoter of the society.

Apart from Chavan and the trio, the FIR also names retired Lt General P K Rampal, Major Generals A R Kumar and T K Kaul, the then Principal Secretary (Urban Development) Ramanand Tiwari, who was recently suspended by Maharashtra government as Information Commissioner, Subash Lala, the then Principal Secretary to the Chief Minister and Brig (retd) R C Sharma.

The FIR has been filed under various sections of IPC including criminal conspiracy, cheating, forgery and showing forged document as genuine besides sections pertaining to Prevention of Corruption Act.

Chavan, who had to quit as chief minister last year after it was found that his family members also owned flats in the society, was revenue minister between 2001-2003 and had dealt with files pertaining to the ownership of the land.

He is alleged to have recommended 40 per cent allotment of flats to civilians in the society, which was meant for war widows and heroes of Kargil war, the sources said.

The FIR also named Pradeep Vyas, the then collector of Mumbai who is alleged to have ratified 71 persons in the society of which several were ineligible members. His wife Seema Vyas is alleged to have a flat in the society.

The agency had registered a preliminary enquiry into the scam in November last year.

Two former army chiefs Gen Deepak Kapoor and Gen N C Vij and ex-navy chief Admiral Madhavendra Singh owned flats in the scam-hit society building. However, the former top chiefs have claimed that they have now surrendered the flats.

The Union Ministry of Environment and Forests had on January 16 ordered demolition of the building within three months, holding it as "unauthorised" and built in violation of the spirit of coastal regulations.

Apart from violating the CRZ norms, the society is alleged to have got clearances from various authorities through dubious means.

The plush housing society, built on prime defence land has been constructed in alleged violation of rules. The building was originally meant to be a six-storey structure to house Kargil war heroes and their kin but was later extended to 31 floors without mandatory permission. (PTI)