NEW DELHI, Jan 10:
The Supreme Court today held a person can be made an accused by the trial court in case evidence crops up during the proceedings even if he has not been named in the FIR or charge sheet.
A five-judge Constitution Bench headed by Chief Justice P Sathasivam said that the trial court has powers to summon a person as an accused despite his name being not mentioned by the investigators in the FIR and charge sheet.
The bench clarified that Section 319 of Criminal Procedure Code empowers the trial court to proceed against a person who appears to be guilty of offence but not named in the FIR or charge sheet.
The judgement could have implications in some cases arising out of the 2G scam in which the trial judge had summoned as accused some corporate honchos despite them being not named by CBI in the FIR and charge sheet.
The businessmen have approached the Supreme Court against the trial court’s summoning order. The apex court is yet to pronounce its verdict in the case. (PTI)
Person not named in FIR can be tried if evidence crops up: SC
India asks US embassy to withdraw consular-rank officer
NEW DELHI, Jan 10:
In a swift retaliatory action, India today asked the US Embassy here to withdraw an officer of a rank similar to that of Devyani Khobragade who was asked to leave the US after being indicted for visa fraud and making false statements.
Government sources said India has reason to believe that this officer was involved in processes relating to Khobragade case and subsequent unilateral action by US.
On a day of dramatic developments, Khobragade was indicted for visa fraud and making false statements by a grand jury in New York which held that the charges against her will remain even as she headed back to India after being accorded full diplomatic immunity.
The US request to India to waive her diplomatic immunity was refused following which she was asked to leave the country.
The charges against 39-year-old Khobragade will remain and she will have to face trial, if she returns to the US without diplomatic immunity, US Attorney Preet Bharara said in a letter to District Judge Shira Scheindlin.
Bharara said the grand jury has indicted the diplomat on two counts of visa fraud and making false statements in connection with the visa application of her domestic help Sangeeta Richard.
Khobragade was granted full diplomatic immunity on January 8 under the India-US Headquarters agreement.
On January 9, the US request for waiver of diplomatic immunity to Khobragade was refused by India.
A 1999-batch IFS officer, Khobragade, was arrested on December 12 on charges of making false declarations in a visa application for her maid. She was released on a USD 250,000 bond.
The diplomat was strip searched and held with criminals, triggering a row between the two sides with India retaliating by downgrading privileges of certain category of US diplomats. (PTI)
Judge to be appointed in a day or two for snoopgate probe:Govt
NEW DELHI, Jan 10:
The Centre would appoint in a “day or two” a judge to head the judicial commission of inquiry into charges of spying on a woman in 2009 allegedly at the behest of Gujarat Chief Minister Narendra Modi.
“We will appoint a judge very soon. The decision will be made in a day or two,” Union Home Minister Sushilkumar Shinde said today and denied reports that no judge is willing to head the inquiry.
The Commission, to be headed by a retired Supreme Court judge, will also look into charges of snooping on Himachal Pradesh Chief Minister Virbhadra Singh by the previous BJP Government when he was in the opposition as well as the leaking of the Call Data Records (CDR) of BJP leader Arun Jaitley in Delhi.
“It is not correct that judges are unwilling to take this responsibility. There are some problems… But we will do it soon,” he said while replying to queries at his monthly press conference and added that he has written to the law department.
“I have also spoken to Law Minister (Kapil Sibal) and we will do it soon,” he said.
Wading into the raging political controversy, the Union Cabinet had last month decided to set up a Judicial Commission of Inquiry to probe charges of illegal surveillance on a young woman in 2009 by Gujarat authorities on direction of Modi.
Notwithstanding opposition from BJP over the issue, the Union Cabinet took the decision under the Commissions of Inquiry Act under which the Modi Government has already set up a similar panel. (PTI)
Del Potro to play Tomic in Sydney final
Sydney, Jan 10:
World number five Juan Martin del Potro powered his way into his first Sydney International final with a straight sets demolition of Dmitry Tursunov today.
Del Potro had his big serve firing as he rolled to a 6-4 6-2 win over the Russian fourth seed in 64 minutes.
Del Potro, the top seed, will face Australian defending champion Bernard Tomic, who wore down Ukraine’s Sergiy Stakhovsky in the other semis 6/7 (4/7) 7-5 6-3 in 2 hours and 13 minutes.
The first Argentine to reach the Sydney final since David Nalbandian in 2009, del Potro broke Tursunov’s serve three times and was formidable on his own service.
He thundered down nine aces, making it 38 aces in his three wins so far in Sydney.
It will be his 25th career final and he is looking to step up for his second major title since downing Roger Federer to win the 2009 US Open in New York.
“It is one of my biggest challenges for this season,” he said.
“I was close to reaching last year’s Wimbledon final when I lost to Novak Djokovic in a great five-set semi-final but I think I am getting closer to the top four guys.
“They are still playing so well and they are the favourites for every Grand Slam, but I have the experience in this kind of tournament and if I play well, if I’m fit and healthy I will try to be dangerous for them.”
Del Potro was drawn today in world number one Rafael Nadal’s top quarter of the men’s singles draw for next week’s Australian Open in Melbourne, and will play a qualifier first up.
Tomic, 21, who will play Nadal in the opening round at the Open, looked headed for defeat as Stakhovsky controlled the match after recovering from an early service break and winning the opening set in a tiebreaker.
But world number 52 Tomic broke the Ukrainian’s serve in the 11th game of the second set and went on to level the match.
Both players looked fatigued in the final set and the young Australian got the crucial service break in the seventh game to take out the match. (AGENCIES)
India lose 0-2 against England in campaign opener
New Delhi, Jan 10:
India dished out a pathetic performance to go down 0-2 to higher-ranked England and start their campaign on a losing note at the Hero Hockey World League Final, here today.
The Indians looked horribly out of sorts as England rode on two goals from Adam Dixon (28th, 45th minute) to pocket full three points from their opening Pool A encounter at the floodlit Major Dhyan Chand National Stadium.
Chief coach Terry Walsh could not have imagined such a horrible performance from his wards in his first international match with the Indian team.
From the onset, the Indians looked rusty and seemed to run out of ideas when the ball was in their possession.
India’s attacks lacked teeth and they hardly troubled the England goal barring the two penalty corners they earned in the opening half.
England, on the other hand, were slow to get off the blocks but gained control of the proceedings and looked threatening as the match progressed. They looked far more promising in their moves.
It took India 14 minutes to get their first scoring chance when they earned two back-to-back penalty corners but dragflick exponents VR Raghunath and Rupinderpal Singh failed to cash in on the opportunities.
India were lucky to not concede the lead in the 17th minute when an England attack came off the post.
After the initial hiccups, England started to find their footing in the match and earned three penalty corners in quick succession.
While Ashley Jackson shot wide from the first set piece, India custodian P R Sreejesh denied England the second penalty corner with his quick reflexes.
But soon after, England earned another penalty corner when Kothajit Singh intentionally brought down David Condon just outside the India circle and Adam Dixon scored with a variation to give his side the lead at the break. (PTI)
MI retain Rohit, Malinga, Pollard, Bhajji and Rayudu
Mumbai, Jan 10:
Defending champions Mumbai Indians today retained five players including skipper Rohit Sharma and dashing West Indies all-rounder Kieron Pollard, for the upcoming seventh season of Indian Premier League.
Apart from skipper Rohit and Pollard, the three others retained are senior off-spinner Harbhajan Singh, Sri Lankan speedster Lasith Malinga and talented batsman Ambati Rayudu, who can also double up as a wicketkeeper.
Australian speedster Mitchell Johnson will now be favourite to be obtained through ‘Right to Match’ cards that the franchise can exercise during the two-day auction on February 12 and 13.
“The formidable combination of these five players – Rohit, Pollard, Malinga, Bhajji and Rayudu – forms the nucleus of Mumbai Indians. They have exemplified the spirit of Mumbai Indians and are match-winners in their own right,” Nita Ambani, owner of MI, was quoted as saying in a press release.
“With the retention of the core players, Mumbai Indians look forward to build a stronger, well-knit teamand share the joy of an enthralling and entertaining performance with its ever-growing fans in the coming season,” she further added.
Dinesh Karthik is another player who has missed out on retention as Rayudu being a specialist batsman and his ability to do a decent job behind the stumps tilted the scales in his favour.
As far as Malinga is concerned, he has been a ‘Game Changer’ for MI at the death overs and the possibility of some of the matches being played in Sri Lanka may have prompted the team management to take a call in the slinger’s favour.
Mumbai Indians have had phenomenal success over the last
four years, both on and off the field, emerging as one of the most successful and followed teams.
As a favorite sports team, Mumbai Indians is closely followed by 4.2 million fans across the globe. Brand Mumbai Indians was ranked No.1 cricket club in India and 146th among the 250 best sports brand in the world (BrandFinance pls, UK 2012).
In the Social Media space, Mumbai Indians featured among the top ten most followed Indian brands (INCITE 2012 by Nielsen & McKinsey). (PTI)
No fresh traffic on NH today, troops rescue 23
Fayaz Bukhari
Srinagar, Jan 10: The overnight and continuous snowfall today hampered movement of traffic on the Jammu-Srinagar National Highway and authorities closed it for any fresh traffic tomorrow as large numbers of vehicles are stranded on the highway.
Inspector General of Police, Traffic, Muneer Ahmad Khan, told Excelsior that fresh snowfall in Patnitop and Jawahar Tunnel areas hampered the movement of the traffic on the National Highway. He said that there was around 5 inches fresh snowfall in Jawahar Tunnel area and despite snow clearance by the Border Roads Organization (BRO) early in the morning the road was slippery as it was continuously snowing.
The IGP said that traffic on the Highway was moving at snail’s pace due to slippery road conditions. He said that around 1300 vehicles including load carriers crossed into Kashmir valley till this evening and traffic police was clearing around 45 passenger vehicles towards Qazigund late this evening.
Khan said that 500 Srinagar bound load carriers are stranded at Ramsu and Banihal due to continuous snowfall. He said that Srinagar bound stranded vehicles will be cleared tomorrow and then Jammu bound stranded vehicles will be cleared by around 1 p.m. He said that no fresh traffic will be allowed on the highway tomorrow.
The IGP said that no traffic is allowed on the opposite direction on the National Highway during one-way traffic. However, only Banihal Train passengers are allowed to ply on the highway in opposite direction.
Khan said that around 200 Traffic police personnel are deployed on Jammu-Srinagar National Highway to manage the traffic and despite freak weather this year, traffic on the highway has been smooth.
The traffic police deployed on the highway start reconnaissance of the highway every day at around 5 a.m. in Jawahar Tunnel, Ramban and Patnitop areas before traffic is allowed on the Highway.
In the meantime Army and Border Security Force (BSF) personnel rescued 23 people who were stranded due to snow-slides near Sadhna Pass on Tangdhar-Kupwara road in the frontier district of Kupwara.
A statement issued by the Defence spokesman said here that the District Administration sought Army’s help to rescue the two groups of the people who had got trapped in snow slides near Sadna Pass on January 7.
The spokesman said that these people were on way to Tangdhar in three Tata Sumo vehicles. Their vehicles got stuck due to snow slides. On receiving information, about their stranding, district administration sought Army’s assistance.
A defence spokesman said that a group of 20 people, comprising 16 men, two women and two children got trapped on Chowkibal-Tangdhar Road on January 7. On a request from Deputy Commissioner and Superintendent, a unit of Rashtriya Rifles 20 Battalion was assigned with the rescue operation. Troops successfully evacuated all 20 members of the group.
The spokesman said that a group of three people was similarly rescued from a nearby avalanche site. The spokesman further said that troops went on foot rescued them and provided food, medicine and shelter to them before sending them to Tangdhar.
In the meantime, cold weather conditions continue to prevail in Kashmir division even after there was some improvement in night temperature during past three days.
Leh was the coldest recorded place in the State with a low of minus 17.2 degree Celsius compared to the previous nights minus 11.0 degree Celsius and maximum temperature of the place settled at minus 2.6 degree Celsius.
Kargil registered a minimum of minus 8.6 degree Celsius against minus 9.2 degree Celsius the previous night while maximum day temperature of the place settled at minus 3.2 degree Celsius.
Qazigund recorded a low of minus 3.8 degree Celsius and maximum day temperature of the place settled at 1.5 degree Celsius.
Gulmarg, which recorded a low of minus 7.0 degree Celsius the previous night, registered a low of minus 10.8 degree Celsius last night.
Pahalgam in South Kashmir recorded a low of minus 6.8 degree Celsius against the previous night’s low of minus 5.8 degree Celsius while the maximum day temperature of the place settled at minus 1.2 degree Celsius.
Jammu recorded a maximum of 17.4 degree Celsius and minimum of 4.5 degree Celsius.
And the Met office in Srinagar has forecast light snow and rainfall at isolated places in the State.
The Dubious Coal Block Allocation should be Scrapped
Arun Jaitley
On the eve of the Prime Minister’s Press Conference I had posed five questions that I would have liked to ask the Prime Minister. My first question was “In the Prime Minister’s opinion how would history judge him”. The Prime Minister in the course of his media interaction repeatedly said that his performance was for history to judge and he hoped that history would be kinder to him than the contemporary media.
If the Prime Minister had chosen to assert himself at the right time would the situation had been different today? Let us consider three different cases which admittedly brought a bad name to the Government.
The image decline of this government commenced with the reports that all was not well in the organization of the Commonwealth Games. The government itself received several reports of the wrong doings in the Organizing Committee. Months before the Games, the Prime Minister could have stepped in and changed the Organizing Committee. The Chairman of the Organizing Committee, Shri Suresh Kalmadi could have been asked to quit or sacked. A Special Secretary of the Government of India should have been asked to chair the Committee. The country would have got the message that the Prime Minister asserted himself at the right time.
In November-December 2007, the Prime Minister started receiving reports that all is not well with the 2G Spectrum allocation. Spectrum was being undervalued and the allocation was being done through an arbitrary process. The goal post had been shifted to favour a few. The Prime Minister Office was fully aware of the goings-on. It exchanged correspondence with the Telecom Minister but lacked the courage to stop the allocation and scrap it altogether. In January 2008 the Prime Minister remained a mute spectator when the allocation had taken place to a favoured few. If before this situation he had stepped in, scrapped the allocation and constituted a committee to oversee an auction (as was done in 3G) he could have prevented a huge loss to the Exchequer. There would have been no adverse CAG report and no adverse impact on the government’s reputation, no cancellation of the licenses by the Supreme Court. And obviously no impact on the investment environment in the country. The Prime Minister would have been quoted “as a man who asserted himself at the right time”.
In the coal block allocation, his culpability was higher since he himself was the Cabinet Minister for Coal. His choice of the Ministers of State was a suspect. The coal blocks were being allocated on the basis of recommendations of the party. The allocation had been linked to the Party’s fund raising campaign. There was no objectivity. There was no objectivity in the criteria for allocation. If in 2006 and 2007, the Prime Minister as a Coal Minister had followed the criteria of auctioning – something which he himself had decided in 2004, the coal scam would not have taken place. He allowed Congressmen to act as sweat equity beneficiaries and rentiers. Media reports indicate that his Attorney General had admitted before the highest court that the allocation could have unintentionally gone wrong. In the process power generation which is vital to this country’ economic development has suffered. India with 200 years coal reserve is today importing coal. It is a drain on the foreign exchange reserves. Additionally, our goal of ‘power on demand’ has not been realized. The power generation has not become a success story. There was an opportunity for the Prime Minister to have refrained from making these allocations. When the CAG report was submitted he could have utilized that as another God sent opportunity to scrap the allocations. Today when the Government admits through its principal law officer that things could have unwittingly gone wrong, there is yet another opportunity to correct the error. If this opportunity is not availed, the country stands to suffer in terms of delay in power generation. The Prime Minister and the Government continue to suffer from an image of indecisiveness and a taint of corruption.
(The author is Leader of Oppostion in Rajya Sabha)
SKUAST-J to get new VC as incumbent being shown door
Nishikant Khajuria
JAMMU, Jan 10: In a significant development, the Sher-e-Kashmir University of Agriculture Science and Technology (SKUAST) Jammu is likely to get new Vice-Chancellor in next few days as the incumbent is being shown door more than three years ahead of completion of his tenure.
The incumbent Dr Dilip Kumar Arora, who took over as the Vice-Chancellor of SKUAST-Jammu in May 2012 for a tenure of five years, is learnt to have submitted his resignation to the Governor N N Vohra, who is also Chancellor of the University, highly placed sources informed the Excelsior.
Consequent upon resignation of the incumbent, sources disclosed that the Governor House has constituted a Search Committee for the new Vice-Chancellor besides inviting applications from aspirants for the top post.
The four-member Search Committee is headed by Dr S S Bloeria, Vice-Chancellor of the Central University Jammu, and comprises of B R Sharma, Principal Secretary Planning and Development; I Aippan, Director General of Indian Council for Agricultural Research (ICAR) and Vice-Chairman of University Grant Commission (UGC).
According to the sources, name of the new Vice-Chancellor is likely to be finalized very soon as January 21, 2014 is the last date for applying for the post.
As per a notification, issued by the Governor House on January 7 and sent to all Vice-Chancellors of the Agriculture Universities across India for recommending the suitable candidates, the eligible aspirants can apply for the top post by January 21, 2014 up to 5 pm.
The Search Committee will shortlist the candidates according to their experience as well other qualifications and then send a panel of probably three-four names to the Governor N N Vohra for final selection as the Vice-Chancellor.
Dr D K Arora, who has still more than three years of his tenure as the Vice-Chancellor of SKUAST-Jammu, is learnt to have submitted his resignation to the Governor on health grounds.
However, sources claimed that health grounds are not the actual reason for the unceremonious exit of the incumbent Vice-Chancellor but the permission seeking prosecution of Dr Arora for the charges established against him during his previous tenure as Director of the ICAR’s National Bureau of Agriculturaly Important Micro-organism, Mahu (Utter Pradesh).
There were charges of misuse of official position by Dr Arora as the Director and now the investigating agencies have sought permission for his prosecution, sources said adding that to avoid any embarrassment to the institution, the Vice-Chancellor was directed to submit his resignation and exit the office.
Though there was no official word over all these development, sources said that Dr Arora was not attending his office in the university for the last two weeks.
Prior to these developments, he was scheduled to serve the SKUAST Jammu as Vice-Chancellor till May 15, 2017.
AFSPA gives bad name to country: Mufti
Mir Farhat
Srinagar, Jan 10: People’s Democratic Party (PDP) patron Mufti Mohammad Sayeed today said that continuing Armed Forces Special Powers Act (AFSPA) in the State gives bad image to the democratic country.
“AFSPA gives a bad image to the country. Why is it necessary? It is unfortunate that even after 60 years of independence still there is discussion over whether the Army should stay, AFSPA should stay. Why is it so? We have to have the confidence of the people,” Mufti told a press conference at his Gupkar residence today.
Mufti said that India has to adopt friendly relations with Pakistan in order to emerge as a great nation. “War is no solution to the resolution of the Kashmir issue. Peace can prevail here only when both these countries come forward and make their efforts to adopt friendly relations with each other,” he said, adding, his party had played an important role in building friendly relations between the two nations by starting several people-friendly initiatives.
The PDP patron said that the skirmishes along Line of Control (LoC) could have its adverse impact on Jammu and Kashmir in general and people living along the LoC in particular.
“The skirmishes along LoC have become a major concern for Kashmir and it could lead to the possibility that both these countries will get engaged in war while leaving the Kashmir issue aside. People will have to raise their voice in restricting the growing confrontation along LoC,” Mufti said.
Replying to a question on whether incidents like Handwara where a woman delivered a baby in hospital premises in freezing cold during Army crackdown, Mufti said such incidents should not happen.
“It is not good for the image of our country in the outside world. Some elements do such incidents; it should not happen,” he said.
The former Chief Minister said for the resolution of Kashmir issue, he has an agenda, which he didn’t explain. “By and large, people of Jammu and Kashmir want peace with integrity, but not surrender. We have to address the basic issue of Kashmir and for its resolution I have an agenda,” he said.
Mufti said that people in the State have trust-deficit with the present Government and they want a change in governance. “Here a sense of insecurity is prevailing among people and they want to get out of it. We need to have confidence in our people and people themselves can make a change in the political discourse,” he said.
Later, Nayeema Mehjoor, former British Broadcasting Service (BBS) broadcaster, joined the PDP in presence of Mufti Sayeed, President PDP Mehbooba Mufti and PDP senior leader Molvi Iftikar Hussain Ansari.
Nayeema said being a person who has been associated with journalism it was a difficult decision for her to enter politics. “Situation in Jammu and Kashmir at all levels, political, economic or social, has gone from bad to worst over the years. If people with integrity and positive thinking will join politics, we can find solution to the problems no matter how old and tough they are,” she said.
Hailing Nayeema’s decision to join his party, Sayeed said a new political wave is sweeping the country as professionals are entering into politics.
“The country is witnessing a new political atmosphere that professionals are attracted towards politics. Since politics is the foundation of a country. I am happy that this is happening and I appeal to the intellectuals, professionals and traders to join the party,” Mufti said.