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SC refuses to stay charge-framing against C K Jaffer Sharief

NEW DELHI, May 10: The Supreme Court today refused to stay the framing of charges against former Union Minister C K Jaffer Sharief by a special CBI Court in connection with a 1995 corruption case.

A bench of justices P Sathasivama and J Chelameswar, while refusing to stay the lower court procedure after which the formal trial of an accused begins, posted Sharief’s appeal for further hearing to July 4.

Appearing for Sharief, senior counsel Rajiv Dutta, in his brief submission, sought his discharge, claiming that he was innocent and no prior sanction was obtained by the CBI from the government to prosecute him, as mandated by section 197 of the CrPC for prosecution of a public servant.

The case dated back to 1995 when Sharief, as an Union minister had gone to London for medical treatment allegedly taking four others on the trip unauthorisedly and causing a loss of Rs seven lakh to the ex-chequer.

Sharief has come to the apex court against an April 11 order of the Delhi High Court, dismissing his plea challenging a trial court’s decision to reject a CBI closure report in the corruption case against him and prosecute him instead.

Rejecting the CBI closure report, the trial court had proceeded with Sharief’s prosecution for his culpability in unauthorisedly taking along with him four persons to London during his tenure as minister.

The CBI had filed the closure report in the case for want of official sanction to prosecute him, but the trial court had proceeded against him despite that.

The high court had rejected Sharief’s plea saying his act did not require sanction under the CrPC to try him for offences under the Prevention of Corruption (PC) Act.

It was alleged that during 1995, while functioning as the Railways Minister, Sharief arranged foreign visits of four persons, besides the officials allowed by the government, for his personal use.

An FIR was registered against Sharief in 1998 by the CBI, however, in 2005, the agency filed a closure report citing refusal of sanction.

The lower court, however, had rejected the closure report saying it appeared that the entire material collected by the prosecution had not been placed before sanctioning authority.

The CBI again filed a closure report. However, the special judge declined the CBI request and took cognisance of the offence under P C Act.

Sharief is accused of ‘dishonestly’ ensuring journey of B N Nagesh, his additional private secretary, S M Masthan and V Muralidharn, both steno and C H Samaullah, a driver, to London with him. (PTI)

Officer shortage hits IAS, admits Narayanasamy

NEW DELHI, May 10: A severe shortage of Indian Administrative Service officers is being felt in the country with the total strength of IAS cadre being put at 4,377 against 6,154 required, the Rajya Sabha was informed today.

Minister of State in the Prime Minister’s Office V Narayanasamy told Members during Question Hour that to fill 359 vacant posts recommmendations from State Governments were being awaited.

“IAS officers are borne to the state cadres. They, however, serve the Government of India on Central deputation. Out of the total authorised strength of 6,154 IAS officers in the country, the Central Deputation Reserve(SDR) is 1,331 enabling the officers to serve GOI on deputation. Of these, 675 IAS officers are in position as on 01.04.2012,” he told the House.

When SS Roy, AITC, raised the need for IAS officers in West Bengal to fill 87 vacancies in the state, the Minister admitted that West Bengal Chief Minister Mamata Banerjee had written to the Centre in this regard.

Several Members expressed grave doubt over the impact of the IAS shortage on development works, with N K Singh, JD-U, stating that after UP, Bihar had as many as 128 vacancies.

Responding, Mr Narayanasamy attributed one of the reasons for the

officer crunch to more districts being carved out by State Governments.

Regarding the paucity of IAS officers holding up developmental work in several states, the Minister expressed hope that the shortfall which currently was at 23 per cent of the staff strength

would be reduced to 15 per cent in near future.

He informed the House that recommendations for officer selection

had to come from State Governments and that the Paswan committee recommendations were being followed in the selection process.

To overcome the shortfall, Mr Narayanasamy said if 10 officers had to be taken for the services, then 13 were being called for interview. However, he insisted that efforts were on not to compromise in quality during selections. (UNI)

Acute shortage of taxmen in IT probe wing: Govt

NEW DELHI, May 10: Investigation wing of the Income Tax department, thick in action against black money and tax evasion cases, is facing an acute shortage of manpower and other resources.

This was informed recently by the government to a Parliamentary panel, examining the amendments to the Prevention of Money Laundering Act (PMLA), officials said.

The department has also submitted a proposal to get additional 20,000 personnel deployed across various ranks, they said.

“There is acute shortage of both manpower and budgetary resources in the Income Tax department, particularly in the investigation directorates. Increasing number of taxpayers, processing of large quantum of data collected, new responsibilities and increasing expectations of taxpayers for international quality services have necessitated increase in manpower resources of the department.

“The department has, accordingly, submitted a proposal for cadre restructuring seeking about 20,000 additional manpower in different grades.

“Complementary budgetary resources will be required to fund the expenditure for hiring, training, equipping and meeting employment expenses of this additional manpower…As against the average global cost of 1 per cent to 1.5 per cent, the cost of collection of the Income Tax department is less than 0.58 per cent, indicating shortage of resources,” the Finance Ministry told the panel in its submission.

The IT investigations wing is the enforcement arm of the department which carries out raids and seizures to keep a check on cases of tax evasion and other economic crimes.

During the last three financial years, the IT probe wings have unearthed unaccounted assets worth Rs 2,620 crore, including Rs 1,235 crore cash being seized and undisclosed income of Rs 28,040 crore detected, an official data said.

There are 14 investigation wings of the IT department across the country, while there is a separate intelligence and criminal investigation (I-T) wing with its offices at select locations.

The IT investigations function under the administrative control of the Central Board of Direct Taxes (CBDT) under the Finance Ministry and liaises with other economic and security related agencies like the Enforcement Directorate, CBI, Intelligence Bureau, DRI and Customs Intelligence for tackling financial crimes like money laundering and suspect financing. (PTI)

Centre giving Rs 50 lakh to villages under rural tourism

NEW DELHI, May 10: The Centre is giving Rs 50 lakh to select villages for incentivising rural tourism in the country, the Rajya Sabha was informed today.

Minister for Tourism Subodh Kant Sahay said during Question Hour

that in addition a sum of Rs 20 lakh to improve sanitation facilities was being given as part of Central Finance Assistance for

infrastructure development activities including improvement of roads, landscaping, sewerage management and accommodation for tourists in the villages.

The objective behind the scheme was to “showcase rural life, art, culture and heritage in villages.”

The scheme also enabled rural population to get socio-economic benefits fromtourism development inrural areas.

India already had a Buddhist circle in 11 states. It was working

on Sufi and Jain circuits as also a Hindu pilgrimage circuit, the minister said.

To another Question, Mr Sahay said the number of foreign tourist arrivals in India had risen from 5.78 million in 2010 to 6.29 million in 2011, registering a growth of 8.9 per cent. (UNI)

Action will be taken against DIG, if guilty; UP CM

LUCKNOW, May 10: In the backdrop of controversial comments made by a state DIG in an elopement case, UP Chief Minister Akhilesh Yadav today said that if senior officers sitting on higher posts do not understand the gravity of their posts then action would be taken against them.

“This is true that through your medium statement of a senior officer has come…If this is the same statement, which is being aired on the channels, then it is a very wrong statement,” Akhilesh told reporters when asked about the comments by DIG S K Mathur in Saharanpur on Tuesday.

Mathur had allegedly told a man who had come to lodge a missing complaint about his sister that had he been in his place, he would have shot her for eloping.

The CM said that if people have any hope of justice then it is from the police.

“If officers sitting on the high posts does not understand the seriousness of their position then action will be taken,” he said.

He said that while showing such statements, action taken by the government should also be projected as it would help.

“You should also show the action taken by the government after that whatever comment you have to make about law and order is acceptable,” he said.

He said that if action taken is shown then it would help the government as it would give a chance to remove non-performing officers.

Additional Director General of Police (Law and Order) Jagmohan Yadav yesterday said Mathur has denied having made the remarks.

“However, if such a thing has been said, then further action will be taken,” Yadav said, adding that it was a serious issue in the wake of honour killing incidents in the area.

“If something like this has been said by a senior officer, then it is wrong as people come to police with expectations,” he said.

“An inquiry would be conducted into the alleged remarks of DIG Mathur and a report would also be sought from IG in this regard,” he said.

Meanwhile, the National Commission for Women also demanded that Mathur should be suspended for his “cowardly” response and for shying away from his responsibility. (PTI)

Plans to equip Agni-V with multiple warheads: DRDO chief

NEW DELHI, May 10: Agni-V, India’s most powerful missile with a strike range of over 5,000 kms, is set to get substantially higher destruction capabilities with plans to equip it with multiple warheads.

“We are working in this area. It will take time for us to develop but our work is on,” DRDO Chief Dr V K Saraswat told when asked whether the agency is developing capabilities to produce a variant of Agni-V missile which can hit multiple targets.

Known as Multiple Independently Targeted Re-entry Vehicle (MIRV), the missile would be capable of carrying multiple warheads to destroy several targets.

Asked about the plans in that regard, he said, “Basic vehicle (missile) will remain the same. The first three stages will also remain the same and only the kill vehicle or the payload delivery system will need changes.”

Terming it as a “force multiplier”, the DRDO chief said, “If I am able to do force multiplication with this… Where I was using four missiles, I may use only one missile. So it becomes a force multiplier given the damage potential.”

Such a capability exists only with a select few countries such as the US, Russia and China.

Comparing Agni-V missile to the best in the world, Saraswat said, “It is a game changer missile… It has taken the missile technology to the highest level and matches with the best and the current world standards.”

MIRV missiles are equipped with small on-board rocket motors and computerised inertial guidance system which manoeuvres warheads to several different trajectories.

On plans to develop missiles with 8000 km or even longer range, the DRDO chief said that will be done according to the evolving threat perception.

“Whenever the need arises, we will develop… Right now we feel, 5000 km-class of system meets our threat perception and threat requirement. But that does not mean that we will not develop a longer range missile. We will develop, but depending on the evolving threat perception,” Saraswat said.

He said that the successful test flight of Agni-V missile has given the country the necessary capability to design and develop missiles of longer ranges as well.

“As far as the capability of doing that kind of work (developing longer range missiles) is concerned, this missile (Agni-V) gives you the capability to build any missile of a range on the higher side,” he said.

Talking about the ongoing efforts to develop an array of tactical missiles, Saraswat said, “Work is going on a number of tactical missiles such as the long and medium-range surface-to-air missiles. The Mark-I version of Astra Long Range Air-to-Air Missile will be ready by 2015.”

He said that the long-range surface-to-air missile would be ready by 2014 while its medium-range version will take a year more. Astra Mark-I will be an 80-km range missile.

Saraswat refused to divulge the range of the Mark-II version of Astra missile.

On development of 150 to 180-km range Prahaar missile for the Army, the DRDO Chief said the project has now matured and demonstrations were given to the force.

“We have demonstrated it (Prahaar missile) to the Army. It is a fully developed missile including its launcher and cannister. It is ready and, if the Army makes a choice then we can take it from the present demonstration stage to the production stage,” Saraswat said.

Prahaar is a derivative of the interceptor missile designed by DRDO as part of its project to develop Ballistic Missile Defence (BMD) shield.

“Prahaar is a matured missile as it is a derivate of the endo-atmospheric interceptor of the BMD programme. We modified that and converted it into Prahaar,” he said.

Saraswat said that Prahaar can be used to launch different kinds of warheads, giving the commanders flexibility to choose from various options.

“It is a very good missile and gives you accuracy, range and capability to use different types of warheads. It gives tremendous flexibility to the commander. This will be a 150-180-km range missile,” he said. (PTI)

CBI court acquits SSP Moga and 6 others in fake encounter case

CHANDIGARH, May 10: A CBI court here today acquitted seven police personnel, including Senior Superintendent of Police (SSP) Moga, Surjeet Singh Grewal in a 23-year-old alleged fake encounter case.

The court acquitted the police personnel on “benefit of doubts”.

Kulwant Singh’s father Tarlochan Singh (73), retired Principal of Khalsa School Kurali, was fighting to get justice for his son, who was allegedly killed in a fake encounter in 1989.

Tarlochan’s only son, 20-year-old Kulwant who was fondly called Kid, was allegedly abducted by Punjab police personnel from a rented house at Mohali along with another person and later eliminated in a fake encounter near Sohana in 1989.

Tarlochan did not even get to see his son’s body as the police had cremated him in a hurry. Kulwant is shown by police to be a Proclaimed Offender (PO) till now.

Kid, then a class tenth student of DAV school in Chandigarh was arrested in 1986 for having relations with a student political outfit which allegedly had extremist links.

He spent two years in jail and was released in 1988. He married in 1989 and was staying away from his family to avoid harassment of his parents at the hands of police.

The CBI had named seven Punjab police personnel in the case including Grewal, who was then the in-charge of Crime Investigation Agency (CIA) staff at Patiala, Nikka Ram, Gurcharan Singh, Chanan Singh, Dyal Singh, Amarjeet Singh and Birbal Das. One of the accused died during the trial. (PTI)

I did not feel intimidated by Bipasha’s presence, says Esha

MUMBAI, May 10: Model-turned-actress Esha Gupta, who would be seen sharing screen alongside sultry Bipasha Basu in Vikram Bhatt’s ‘Raaz 3’, says she did not feel intimidated by the presence of her co-actress but was definitely nervous.

In ‘Raaz 3’, a sequel to ‘Raaz’ and ‘Raaz: The Mystery Continues’, Esha will be seen alongside Bipasha and Emraan Hashmi.

“I wasn’t intimidated but definitely nervous. Working with Bipasha was great. She is very lovely and makes sure she gives you full attention. I don’t think I ever felt that oh I am not in the film. The film revolves around the three of us—Emraan, Bipasha and I are part of the film,” Esha told.

“I have seen her and I have been a fan of her…Seen her on big screen, the scene of her coming out of water in white outfit in ‘Jism’ has always left an impact not only on me but on millions of people. It is an honour to work with her,” she said.

‘Raaz 3’, a romantic-horror film, is shot in 3D.

Talking about the 3D experience, Esha says, “Raaz 3 is in 3D so the whole experience is different. Especially for me as I haven’t gotten used to 2D angle, like I still don’t know where the light and camera is, as they keep shifting it. And ‘Raaz 3’ in 3D is much more difficult, it is much more time consuming.” The film is slated to release in August end this year. (PTI)

Govt wants Lokpal Bill to come up in RS after consensus

NEW DELHI, May 10: The Government today said it wants the Lokpal Bill to come in the Rajya Sabha after evolving consensus among the political parties.

“We would like the Bill to come to the Rajya Sabjha only after there is a consensus. If the Bill is brought and then consensus is sought in the House, it would lead to certain problems,” Law Minister Salman Khurshid told reporters outside Parliament House.

He was reacting to a question whether the Lokpal Bill will taken up in the ongoing session.

Acccording to sources, the Government may drop the clause on setting up of a Lokayukta in the states in the Lokpal Bill to bring some opposition parties as also allies like Trinamool Congress on board.

The talk is that heeding to demands from opposition parties and allies, the clause on setting up a Lokayukta in the states may be removed before it comes up before the Rajya Sabha.

A minister, however, said yesterday that discussions were still on with the political parties concerned to thrash out the differences.

The sources said there are three-four sticking points in the much-debated Bill, which seeks to create an anti- corruption watchdog, and the government is trying to build a consensus on these issues.

On Anna Hazare’s demand for appointing Lokayukta in states, Khurshid said, “While Anna Hazare says that the Lokayukta should be there in the states, his supporters in Delhi are accusing the government of trying to keep it out of Lokpal Bill.”

Prime Minister Manmohan Singh had held an all-party meeting on March 23 to resolve the issues regarding the Bill. Though the meeting failed to evolve a consensus, it was decided that the parties will continue negotiations on the Bill.

The Bill could not be passed in the Rajya Sabha in the Winter Session last year. The House was adjourned sine die amid high drama with the opposition accusing the Government of running away from a vote because it was in a minority.

The Bill, which was earlier passed in the Lok Sabha in the same session, was brought in the Upper House on the last day of the Winter session and key UPA constituent Trinamool Congress refused to bail out the government there.

Even in the all-party meeting this year, opposition parties and key allies like Trinamool Congress and DMK had opposed the provision for setting up Lokayuktas in states along with Lokpal and wanted states should be free to decide on it. (PTI)

Hundreds arrested, scores injured as police uses force

Police thwart employees Secretariat gherao programme

Woman employee leader, Syeda Ladakhi engaged in a scuffle with the police personnel during the Secretariat gherao programme in Srinagar on Wednesday. Another pic on page 4.                                 	                                                —Excelsior/Amin War
Woman employee leader, Syeda Ladakhi engaged in a scuffle with the police personnel during the Secretariat gherao programme in Srinagar on Wednesday. Another pic on page 4. —Excelsior/Amin War

Jehangir Rashid

SRINAGAR, May 9: Police today foiled an attempt by thousands of State Government employees to gherao Srinagar’s Civil Secretariat by charging batons and water cannons on them and arresting hundreds including their top leadership.
Despite restriction across Kashmir valley to stop Government employees from reaching Srinagar, thousands of employees assembled in the localities near the Civil Secretariat in the morning. As they marched towards the Civil Secretariat to gherao it around noon, strong contingents of police and paramilitary Central Reserve Police Force (CRPF) deployed around the Secretariat stopped their forward movement.
Police lobbed water cannons, charged batons and arrested hundreds of employees including women during protests that turned violent. Dozens of the protesting employees including some of the leaders of JCC suffered injuries during the clashes that broke out. Hundreds of employees were drenched in violet colour water during the protests.
The JCC had given the two day protest programme in support of their demands that include regularization of daily wagers, contractual and adhoc employees engaged before 1994. They were also demanding enhancement of retirement age from 58 to 60 years and removal of pay anomalies in different cadres.
After today violent protests and use of force by the state government, the JCC has gone on war path and called for three day protest programme from May 24. “On May 24 there would be strike in all the government offices while as on May 25, the employees would gherao the Civil Secretariat here. On May 26 they would march towards the Raj Bhawan and seek the Governor’s intervention with respect to their demands.
Thousands of State Government employees, including a couple of thousands from Jammu province, started arriving in Srinagar since last night to take part in the protests. In the morning majority of the protesting employees assembled near the Khalsa School, Magharmal Bagh and raised slogans in favour of their demands. These protesters were led by JCC member and President of his faction of Employees Joint Action Committee (EJAC) Abdul Qayoom Wani.
As this group of the employees started their march towards the Civil Secretariat a police lobbed water cannons at them in a bid to thwart the march. However, the employees went ahead and carried forward their march. As they reached near the Exhibition Crossing a posse of police personnel swooped on them and arrested most of their leaders. EJAC president Qayoom suffered minor injuries before he was arrested.
Some of the employees managed to give police a slip and reached near the Civil Secretariat. The employees raised their protest near the Civil Secretariat and alleged that Government was  backtracking from its commitment.
The appearance of the employees near the Civil Secretariat baffled the police personnel and they immediately swung into action. The police personnel swooped on this group of protesters and bundled them in different police vehicles.
Senior JCC member and women employee leader, Syeda Ladakhi, appeared near the Police Control Room and marched towards the Civil Secretariat. One of the cops manhandled the JCC member and this led to exchange of blows between the two. Syeda Ladakhi pushed some eight police cops and she raised strong protest against her manhandling by police.
The police personnel bundled Syeda Ladakhi in a vehicle and took her to the Kothi Bagh police station. Some of the other women employee leaders were also arrested by the police.
Some of the photographers associated with the local and national newspapers were beaten up by the police while carrying out their professional obligations.
JCC member and President of his faction of Employees Joint Action Committee, Khurshid Alam led a march of the employees from the Consumer Affairs and Public Distribution (CAPD) department. Although, Alam was arrested by the police as soon as he came out of the CAPD some of his colleagues also managed to reach near the Civil Secretariat and raise slogans in support of their demands.
Alam along with his supporters was whisked away in police vehicles and lodged at the Kothi Bagh police station.
Another march of the protesting employees started from the Power Development Department (PDD) complex at Bemina. The protesters led by senior JCC member, Ram Kumar Sharma managed to reach near the Civil Secretariat.
Sharma along with the other protesters offered a stiff resistance only to be dragged by the police and bundled in the police vehicles. This group of protesters was lodged at Ram Munshi Bagh police station.
JCC member and renowned trade union leader, Mohammad Gafoor Dar also led a protest rally here and raised strong protest over the state government’s failure in honouring the agreement struck with the employees in September last year.
Despite the arrest of their leaders employees re-assembled at different places in the city centre and carried out protests in small groups. The protests that started at around 11 in the morning continued in the afternoon. The action against the protesting employees led to disruption in the traffic movement. The shopkeepers pulled their shutters down in the area fearing losses during the police action.
Talking to Excelsior, Khurshid Alam termed the Secretariat gherao programme as successful. He said despite restrictions and heightened security measures majority of the employees reached near the Civil Secretariat and raised their protest in support of their demands.
“The entire Srinagar city was turned into a garrison and many employees were stopped coming from different district headquarters were stopped by the police. We have been able to send our message to Chief Minister Omar Abdullah and his cabinet colleagues. The government should fulfill its commitment and implement the agreement signed with the Government employees,” said Alam.
Alam said that Government should have fulfilled their demands by March 30 this year, adding that delay is denting the credibility of the Government when it comes to fulfilling the demands of the Government employees.
“As many as 658 employees were arrested by the police and these include 40 women employees. We are giving an ultimatum of 15 days to the Government and if they fail to fulfill our demands by May 24 then our agitation would be more forceful. The Government would be responsible for the consequences thereof,” said Alam.
Ram Kumar Sharma said that the employees would not hold back unless the Government does not fulfill their demands. He said the JCC has framed the three day protest programme so as to remind the Government of its promises made to the employees in the form of agreement reached out on September 15, 2011.
“There would be strike on May 24 followed by Secretariat gherao on May 25. On May 26 the employees would march towards the Raj Bhawan in Srinagar and seek Governor, N. N Vohra’s intervention in this matter. We are determined to take this agitation to the logical conclusion,” said Sharma.
EJAC-Q leader and general secretary, ITI Employees Union, Mohammad Abbas while talking to Excelsior said that the Government has failed in its commitment of regularizing the services of daily wagers engaged before 1994. He said despite the written agreement no headway has been made in removing the pay anomalies.
“The Government was forcing its own employees to come on roads and raise protest. If the commitment would have been fulfilled by the Government there was no need to come on streets and lodge protests. The police action on the employees is totally uncalled for and condemnable as well,” said Abbas.
He expressed his dismay over the non-participation of the Civil Secretariat employees in the two day protest programme saying that these employees don’t have the courage to raise their voice when the employees were being beaten up by the police. He expressed optimism that the Government would fulfill the demands before the start of next phase of agitation.
The State President of third front of JCC, Mohammad Gafoor Dar told Excelsior that police action against the employees would not serve any purpose. He said that Government should without any further delay implement the agreement reached out with the employees last year.
The JCC leaders and employees arrested today include Khurshid Alam, Abdul Qayoom Wani, Ram Kumar Sharma, Mohammad Gafoor Dar, Muntazir Mohi-ud-din, Purshottam Sharma, Babu Hussain Malik, Balwan Singh, Kulwant Singh, Syeda Ladakhi, Nasreena, Arifa, Shabir Ahmad.
Employees like Abdul Qayoom Wani, Rafiq Ahmad Khanyari, M. J Ahangar, Bashir Ahmad, Fayaz Ahmad, Farooq Ahmad, Ramakant, Manzoor Pampori, Abdul Bari Shah and Khurshid Ahmad suffered injuries during today’s protest programme. While Qayoom was taken to the police hospital, the other injured employees were shifted to SMHS hospital for treatment.