NEW DELHI, Mar 6: A public servant facing charges of corruption, cheating and other criminal cases in the discharge of his or her duties does not enjoy any legal immunity as no prior sanction is required for prosecuting such officials, the Supreme Court has ruled.
A bench of justices R M Lodha and H L Gokhale set aside the concurrent findings of the Punjab and Haryana High Court and a sessions court which had quashed the prosecution and summons issued to a Deputy Excise and Taxation Commissioner, Gurgaon.
Citing the apex court ruling in the Prakash Singh Badal (2007) case, the bench said, “The offence of cheating under Section 420 or for that matter offences relateable to Sections 467, 468, 471 and 120-B can by no stretch of imagination by their very nature be regarded as having been committed by any public servant while acting or purporting to act in discharge of official duty.”
While Section 420 relates to cheating, sections 467, 468, 471 pertains to forgery and 120-B applies in cases of criminal conspiracy.
In the present case the official was accused by Omkar, a transporter, of collecting Rs two lakh money from him after impounding his three vehicles and refusing to issue any receipt.
Based on Dhankar’s complaint, judicial magistrate, Gurgaon, on June 2, 2001 issued him summons to face trial under Sections 420 (cheating), 406 (criminal breach of trust) and 161 (illegal gratification by a public servant) IPC.
On a criminal revision appeal filed by the official, the additional sessions judge quashed the summons and a single judge of the high court affirmed the order while dismissing Dhankar’s appeal.
Aggrieved, he filed the special leave petition in the apex court.
Allowing the appeal the bench citing its earlier ruling said in such criminal cases the official status “only provides an opportunity for commission of the offence”.
The apex court said section 197 CrPC which provides certain immunity for public servants cannot be invoked under all circumstances as it is subject to certain conditions.
“In view of the above legal position, the additional sessions judge and the high court were not right in holding that for prosecuting the respondent No 2 (official) for the offences for which the summoning order has been issued, the sanction of the competent authority under Section 197 CrPC is required.
“The view of the additional sessions judge and the high court is bad in law being contrary to the law laid down by this court in Prakash Singh Badal case (supra),” the apex court said. (PTI)
No legal immunity for govt servant in criminal cases: SC
Michael Jackson files allegedly stolen by hackers
LONDON, Mar 6:A large number of music files of the late ‘king of pop’ Michael Jackson were allegedly stolen from record company Sony Music by computer hackers, sources familiar with the case said yesterday. Sony Music, a unit of Sony Corps, signed a deal with Jackson’s estate in 2010, the year after the ‘Thriller’ singer’s death, to release 10 albums covering previously unreleased material and his back catalogue. (agencies)
Racial divide runs deep in US schools, study finds
UNDATED, Mar 6: Black and Latino students across the United States are far more likely to be suspended than white students – and far less likely to have access to rigorous college-prep courses, according to a sweeping study released
today by the US Department of Education’s Office of Civil Rights.
The trove of data, collected from 72,000 schools serving 85 percent of the nation’s students, revealed tremendous disparities in the public school experiences of minority and white students.
Some of the most striking findings involved discipline: one in five African-American boys – and one in 10 African-American girls – was suspended from school during the study period, the 2009-10 school year.
Overall, African-American students are 3-1/2 times more likely to be suspended or expelled than their white peers. And 70 percent of students arrested or referred to law enforcement for disciplinary infractions are black or Latino, the study found. Other researchers have found that students who are repeatedly punished by being barred from campus are far more likely to drop out.
Academic opportunities also vary widely by race. Among high schools that serve predominately Latino and African-American students, just 29 per cent offer a calculus class and only 40 percent offer physics. In some school districts, those numbers are even more glaring. In New York City, for instance, just 10 percent of the high schools with the highest black and Latino enrollment offer Algebra II.
US Education Secretary Arne Duncan was careful to say that his department is ‘not alleging overt discrimination in some or all of these cases.’
(agencies)
Now, an accurate way to measure N2O!
WASHINGTON, Mar 6: Scientists claim to have developed a new tool to accurately measure nitrous oxide, a greenhouse gas emitted during agricultural production.
An international team, led by Queensland University of Technology, says that the new state-of-the-art statistical approach would greatly improve estimates of global nitrous oxide (N2O) emissions by up to 65 per cent.
Prof Richard Conant, who led the team, said: “Nitrous oxide contributes substantially to total global greenhouse gas emissions and in some countries it’s a big part of total emissions.
“We’re providing a tool that has significantly improved the accuracy of measuring N2O. Our hope is that this information will enable developing countries that lack detailed measurements to keep better track of N2O emissions.”
Prof Conant said agriculture was responsible for about 20 per cent of greenhouse gas emissions globally, mostly from nitrous oxide from fertilisers, and methane generated by livestock. “CO2 still has the biggest effect on climate change. Nitrous oxide is more potent but there isn’t as much of it,” he said in a university release.
Prof Conant said the researchers, who analysed the proportion of fertiliser lost as nitrous oxide, used ground- breaking data on N2O emissions and found that the United States, Europe, East Asia and Japan accounted for nearly 50 per cent of global N2O emissions while Africa and Russia contributed 13 per cent of global N2O emissions.
The scientists said their research would help developing countries become more efficient in agriculture and increase food security, the ‘Global Change Biology’ journal reported.
“In agriculture, producers generally have been trying to increase yields and productivity, but we haven’t thought as much about externalities in terms of nitrogen pollution and greenhouse gases,” Prof Conant said. (PTI)
US has authority to kill American threats abroad: Holder
WASHINGTON, Mar 6: Asserting that the US faced tough threats from the American recruits of al Qaeda, a top Obama Administration has said the government has “clear authority” to kill its citizens abroad who are believed to be holding a terrorist threat.
“Given the nature of how terrorists act and where they tend to hide, it may not always be feasible to capture a United States citizen terrorist who presents an imminent threat of violent attack,” US Attorney General Eric Holder, said.
“In that case, our government has the clear authority to defend the United States with lethal force,” Holder said in his remarks at the Northwestern University School of Law, in Chicago.
Holder said the argument by some that the US President is required to get permission from a federal court before taking action against a US citizen who is a senior operational leader of al Qaeda or associated forces is not accurate.
“Due process” and “judicial process” are not one and the same, particularly when it comes to national security, he said, adding that the Constitution guarantees due process, not judicial process.
The Attorney General said the unfortunate reality is that US will likely continue to face terrorist threats that at times originate with its own citizens.
“When such individuals take up arms against this country—and join al Qaeda in plotting attacks designed to kill their fellow Americans—there may be only one realistic and appropriate response. We must take steps to stop them—in full accordance with the Constitution.
“In this hour of danger, we simply cannot afford to wait until deadly plans are carried out and we will not,” he said.
Holder said any such use of lethal force by the US will comply with the four fundamental war principles governing the use of force—the principle of necessity that requires that the target have definite military value, the principle of distinction that requires that only lawful targets may be targeted intentionally, the principle of proportionality of use of force and the principle of humanity that requires use weapons that will not inflict unnecessary suffering.
“These principles do not forbid the use of stealth or technologically advanced weapons. In fact, the use of advanced weapons may help to ensure that the best intelligence is available for planning and carrying out operations, and that the risk of civilian casualties can be minimised or avoided altogether,” Holder said. (PTI)
Afghan artists use graffiti to depict war, oppression
KABUL, Mar 6: Encased in a head-to-toe burqa, the image depicts a distraught woman slumped on a cement stairwell, the work of Afghanistan’s first street artists who use graffiti to chronicle violence and oppression.
The female-male duo surreptitiously spray-paint the crumbling and dilapidated walls of buildings in the capital Kabul, abandoned and destroyed during 30 years of war that still rages today. Talking of her woman on the steps, Shamsia Hassani, 24, said: ‘She is wondering if she can get up, or if she will fall down. Women in Afghanistan need to be careful with every step they take.’ The sombre depictions of Afghan women on Kabul’s rutted streets offer rare public insight into their lives, still marred by violence and injustice despite progress in women’s rights since the Taliban was toppled over a decade ago. In an abandoned textile factory, Hassani spray-painted a wall with six willowy figures in sky-blue burqas, who rise out of the ground like ghosts. ‘In three decades of war, women have had to carry the greatest burdens on their shoulders,’ Hassani, who also works in the faculty of fine arts at Kabul University, told Reuters. Her friend and fellow artist Qasem Foushanji, 25, said he avoids images he describes as cliche, such as the Taliban, but wants to produce socially political art about aspects of Afghan life that ‘make people go nuts, like women being beaten’. His works include a huge red heart flanked by bones, with the words ‘the positive anger’ spray-painted across it in English.
The pair, taught how to spray-paint at a workshop in Kabul two years ago, hope their graffiti will gradually bring art back to Afghanistan, where cultural development has been severely hindered by turmoil. ‘People were too busy trying to feed their families and art was shelved,’ said Hassani, whose family comes from Kandahar, the Taliban’s birthplace. Like millions of Afghans fleeing violence, Hassani grew up in neighbouring Iran as a refugee. ‘We can develop our culture with art, but not suddenly, and not alone. For a country that’s undergone so much pain and war, it will take time,’ she said, sporting a dark overcoat and a head scarf the shade of blue she uses in her paintings. (agencies)
Jeera futures rise as demand picks up
NEW DELHI, Mar 6: Jeera prices rose by Rs 187.50 to Rs 13,800 per quintal in futures trading today as speculators enlarged their positions, driven by pick up in spot demand.
However, mounting supplies from the new season crop in the physical market and estimates of higher output restricted the gain.
At the National Commodity and Derivatives Exchange, jeera for delivery in April rose by Rs 187.50, or 1.38 per cent, to Rs 13,800 per quintal, with an open interest of 13,731 lots.
Similarly, the spice for delivery in March moved up by Rs 177.50, or 1.33 per cent, to Rs 13,570 per quintal, with an open interest of 9,111 lots.
Market analysts said increased buying by speculators on the back of a rise in demand in the spot market mainly helped jeera prices to trade higher at futures trade. (PTI)
Prakash Diwas of Guru Nabha Dass on Mar 25
Excelsior Correspondent
JAMMU, Mar 6: The 439th Prakash Diwas of Guru Nabha Dass Ji Maharaj will be celebrated on March 25. The decision in this regard was taken today in a general body meeting of Mahasha Community which was attended by prominent personalities from various districts.
A Prakash Diwas Committee was also constituted wherein Deep Bhardwaj was unanimously elected as its chairman.
Gharib Dass, Jagdish Raj, Koushal Kumar and Rajesh Bajgal were also unanimously elected as vice-chairman, general secretary, secretary and cashier respectively.
Those who attended the meeting include Dev Raj Kundal, Madan Lal, Ram Dass, Sat Pal Tradia, Sham Lal, Raj Pal, Bahadur Lal, Amar Nath, Kirpal Chand, Gulshan Rahi, Koushal Kumar, Gopal Singh, Pawan Kumar, Duryodan Kumar and Jagdish Raj.
JKCTA calls on Vice-Chancellor JU
Excelsior Correspondent
JAMMU, Mar 6: J&K College Teachers Association (JKCTA) led by its president Dr Avinash Kumar Gupta called on Prof MPS Ishar, Vice-Chancellor, University of Jammu.
The Association expressed resentment over appointment of some junior faculty members of a private college as Superintendent in Government Degree College, Billawar, to conduct BSc Part III annual examination.
The Association alleged that senior Government college teachers have to work under junior private college faculty and demanded withdrawal of decision to maintain sanctity of university examination.
Other issues were also discussed with the university authorities which included holding of One Semester PhD Course work for college teachers in summer break, holding of university examination simultaneously within stipulated time, increase in representation of College Teachers in university bodies etc.
Dr Satesh Bhan, Prof B K Gandhotra, Prof R S Jamwal, Prof Anjali, Dr C K Khajuria, Prof Neeraj Gupta, Prof Jagdish Kumar and Prof Joginder Singh were also present.
Registrar, University of Jammu, Controller Examination and Director Colleges Development also attended the meeting.
Book release function held at JU
Excelsior Correspondent
JAMMU, Mar 6: A book release function was held today at Univeristy of Jammu here today. The book titled Conflict in Jammu and Kashmir: Impact on Polity, Society and Economy edited by Lt Gen (Retd) V R Raghavan was released by Prof R D Sharma, Dean Academic Affairs.
The book was a result of seminar jointly organised by Department of Strategic Studies, JU and Chennai based think tank Centre for Security Analysis (CSA).
Gen Raghavan said CSA was carrying out detailed study on internal conflicts in India, Nepal, Myanmaar and Sri Lanka and their internal and external consequences.
In case of J&K, over the years, the original causes have invariably become less salient as the insurgency evolved.
The long term consequences have been felt in all spheres of life-economy, governance, politics, inter-provincial relations and social fabric of the State.
He added that since the outbreak of the insurgency, intra-group cohesion and solidarity have dramatically increased within the State.
Overlapping layers of group/ethnic/linguistic identity have become salient features of the conflict in J&K.
A total of 12 researchers were engaged to study different aspects of consequences. Those who have contributed chapters include Dr Sudhir Bloeria and Balraj Puri.
A panel consisting of former DGP Ashok Bhan, Sujat Bukhari and Prof Rekha Chowdhary discussed issues covered in the book.
A large number of intellectuals, academics, military and civil officials attended the function.