Legal News India - Vakilno1.com

Saturday, June 30, 2007

Use dignified language, Bhagwati tells Sri Lankan official


New Delhi, June 30 (IANS) A former Indian chief justice who presides over an international panel overseeing probes into rights abuses in Sri Lanka has taken strong exception to a harsh attack on him by a top official in Colombo.

P.N. Bhagwati said that Sri Lankan Attorney General C.R. de Silva made "very indiscreet observations" while criticising reports put out by the International Independent Group of Eminent Persons (IIGEP), which the Indian heads.

De Silva "should not have made the very indiscreet observations," Bhagwati told IANS here. "He has every right to make his own submission or even to give a different opinion. As a judge, I have always welcomed dissent because dissent helps to discover the truth.

"But such criticism should be in proper language, respectful language. If it extends to abuse, it is wrong," added Bhagwati, 84, who headed India's Supreme Court in 1985-86.

Sri Lankan President Mahinda Rajapakse set up IIGEP in February to oversee the investigations carried out by the Presidential Commission of Inquiry, which came up in November 2006 to look into several high-profile human rights violations.

This month, IIGEP, which also has eminent jurists from other countries, said the Presidential Commission had not made noticeable progress in investigating rights abuses and that its independence, timeliness and witness protection did not meet international standards.

It also sought an international human rights monitoring mechanism to be set up in Sri Lanka or be invited to the war-torn country.

In response, de Silva alleged that Bhagwati's remarks were based on ignorance, were not in good faith and that it would have been far more prudent if Bhagwati had personally observed the proceedings of the Presidential Commission.

Speaking in the Indian capital, Bhagwati found fault with de Silva's language.

"I don't mind the attorney general criticising IIGEP, after all I represent the committee. It is not a personal thing. If he thinks we are wrong, he should say so in proper, dignified language."

Asked if he would talk personally to the attorney general, Bhagwati replied: "Why should I descend to this? I have all the support of my colleagues in IIGEP. We have the support of the (Sri Lankan) president.

"We are independent persons, what does it matter to us? I have an international reputation."

Soon after he was offered the job of heading a body of jurists from various countries to oversee investigations into growing human rights violations in the island nation, Bhagwati had told IANS in November last year that he would throw it off if there was interference in his work.

Bhagwati maintained now that he had not studied the rights situation in Sri Lanka thoroughly.

"I have not really studied the situation, yet. It is just the beginning. The Presidential Commission of Inquiry has just started work."

But he made it clear that the job of international jurists, including him, was only to see if the investigations were being done properly and not to do any probing themselves. "Ours is a supervisory body."

Bhagwati explained that he had gone to Sri Lanka "twice or thrice, but every time only to organize the things" related to IIGEP whose members, he said, were people of "high standing, independent and fair-minded".

Nearly 5,000 people have been killed and many more displaced in Sri Lanka since the end of 2005 in mounting violence for which the military, Tamil Tigers and Tamil groups opposed to the Tigers have been blamed. Brazen rights violations have led to global concerns over the Sri Lanka situation.

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Dera chief says Punjab govt violating his rights


Chandigarh, June 29 (IANS) Dera Sacha Sauda chief Gurmeet Ram Rahim Singh Friday accused the Akali Dal government in Punjab of violating his fundamental rights as the ongoing controversy between the sect and Sikhs reached the Punjab and Haryana high court.

The controversial sect chief, who lives at his headquarters near Sirsa town in Haryana, 300 km from here, accused Punjab Chief Minister Parkash Singh Badal of violating his fundamental rights by not allowing him to practise and propagate social, religious and spiritual activities through his sect.

Articles 25 and 26 of the Indian Constitution guarantee the right to freedom of religion and freedom to manage religious affairs.

Gurmeet Ram Rahim Singh, who commands a wide following, became controversial last month after dressing up as Guru Gobind Singh, angering Sikhs and sparking clashes between Sikh groups and Dera followers.

The Dera godman got relief from the Punjab and Haryana high court Friday through an interim bail on his arrest in a case registered against him by the Punjab police in Bathinda town for allegedly hurting the religious sentiments of Sikhs.

He said he will move a separate application to get the investigation of the case against him transferred to a central agency outside the purview of the state government.

The Badal government had allowed the state police to arrest him following a June 20 non-bailable warrant for his arrest issued by a Bathinda court.

The godman has been accused of blasphemy by attiring himself like 10th Sikh guru Gobind Singh.

In his petition submitted before the high court Friday, the dera chief stated, "The Punjab government headed by the Akali-BJP (Bharatiya Janata Party) combine has granted sanction in this regard and thereby wants to stop the petitioner from practising and propagating social, religious and spiritual activities of Dera Sacha Sauda."

The sect - which claims entries in the Guinness records and Limca book of records for the biggest ever blood donation camps in the service of humanity organised - has said that it is being hounded by the Akali government as the Akalis thought that the Dera management sided with the Congress in the state assembly elections held in February.

"The case is politically motivated," the Dera chief said in his petition. The godman alleged he was getting threats and feared for his life.

The Dera chief also offered to join investigations into the case against him with the Punjab police "as and when required by the police."

The Dera chief said he had never intentionally dressed up like the 10th Sikh guru. The godman claimed he had even apologised for hurting Sikh sentiments but the Akal Takht - the highest temporal seat of Sikhs - had earlier rejected his apologies....

By Jaideep Sarin IANS

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Dera chief gets interim bail from high court


Chandigarh, June 29 (IANS) The Punjab and Haryana High Court Friday granted interim bail till Aug 6 to Dera Sacha Sauda sect chief Gurmit Ram Rahim Singh, who was also asked to immediately surrender his passport.

Justice L.N. Mittal stayed the controversial Dera chief's arrest - on charges of hurting religious sentiments of the Sikh community - even as a lower court in Bathinda town in south Punjab, 250 km from here, gave the Punjab Police the go ahead to implement a non-bailable arrest warrant issued by it on June 20.

The Dera chief, who found himself at the centre of a huge controversy after he attired himself like the 10th Sikh guru Gobind Singh, leading to weeklong violence in Punjab, resides on the outskirts of Sirsa town in neighbouring Haryana in a sprawling mini city that is the headquarters of his sect.

The relief from the high court came after some sect followers moved an application on his behalf seeking anticipatory bail for their spiritual head.

They alleged that the case registered against Ram Rahim Singh in Bathinda was politically motivated. Though the case was not listed for hearing Friday, the petitioners moved another application seeking an early hearing.

The Dera chief had issued two reluctant apologies to the Sikh leadership, but they were not accepted by the Akal Takht - highest temporal seat of Sikhism - and Sikh clergy.

The Bathinda court had issued the arrest warrants against the Dera chief June 20 and the Punjab government Wednesday night gave its clearance to the state police to arrest him. The arrest warrant was valid till July 1.

Senior Punjab police officers confirmed to IANS that they were preparing to arrest the Dera chief when the stay order came.

Since his arrest was likely to be opposed by thousands of sect followers, the Punjab Police was working out modalities to deal with an explosive situation.

The Punjab Police was likely to seek the help of its Haryana counterpart since he resides there.

The Dera chief enjoys tight security provided to him by Haryana Police following death threats after last month's controversy.

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Government acquires entire RBI shareholding in State Bank of India


Delhi : June 29 (PIB Press Release) : In its biggest ever cash purchase, Government today acquired entire Reserve Bank of India (RBI) shareholding in State Bank of India (SBI) consisting of 31,43,39,200 equity shares with face value of Rs. 10/- each @ Rs. 1130.35 per share at a total amount of Rs. 35,531,33,14,720 (Rupees Thirty five thousand five hundred thirty one crore, thirty three lakhs, fourteen thousand seven hundred twenty). Though, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, known as Takeover Regulations, per se were not applicable in this transaction, for sake of greater transparency, the valuation of RBI stake in SBI was worked out as per SEBI guidelines taking 28th February, 2007, as the “reference date”, the day on which the decision of the Government to acquire RBI stake in SBI was announced by Finance Minister in his Budget Speech and the intention of the Government to acquire SBI was made public. Government has also decided to acquire RBI shareholding in NABARD and NHB by June, 2008.

The Committee on Banking Sector Reforms (Narasimham Committee II), inter-alia, observed that it is inconsistent with the principles of effective supervision that the regulator is also an owner of a bank and this would require the Reserve Bank of India (RBI) to divest its holding in banks and financial institutions. In its Monetary and Credit Policy for the year 2001-02, RBI announced its intention to transfer the ownership of shares in State Bank of India (SBI), National Housing Bank (NHB) and National Bank for Agriculture and Rural Development (NABARD) in favour of the Government of India. Accordingly, RBI sent a proposal to transfer its shares in these entities to the Government of India. RBI holds 59.73% stake in SBI, 72.50% in NABARD and 100% in NHB.

Finance Minister, in his Budget Speech for the year 2007-08, announced the proposal of the Government to acquire entire stake of RBI in SBI, and provided a sum of Rs. 40,000 crore for transfer of RBI shareholding in SBI to the Government of India. An Ordinance was promulgated to provide requisite statutory provisions in State Bank of India Act, 1955 to facilitate this transaction, and Government appointed 29th June, 2007 the date for transfer of stake.

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Thursday, June 28, 2007

Telgi pleads guilty- Gets 13 Years Jail


Pune, June 28 (IANS) Abdul Karim Telgi, the prime accused in the multi-billion rupee fake stamp paper scam, was Thursday sentenced to 13 years in jail and fined Rs.500 million by a special court here Thursday after he pleaded guilty to all charges against him.

Additional Sessions Judge Chitra K. Bedi said the convict would have to undergo an additional jail term of three years if he fails to pay the fine.

The judge of the special court, set up under the Maharashtra Control of Organised Crime Act (MCOCA), also sentenced 42 co-accused to jail terms ranging from one year to seven years.

Pronouncing the sentences, the judge observed that the court might have passed much more strict sentence had the accused not pleaded guilty.

This was the first and the most important in a series of 49 cases related to the Rs.30 billion scandal of issuing fake stamp papers.

It was this case that took the lid off the scam, masterminded by the 46-year-old stamp vendor and spread over nearly a dozen states.

The Bundgarden police here had registered the case after seizure of fake government stamps and stamp papers from a car in 2002. It was later transferred to the Central Bureau of Investigation (CBI).

The scandal involved large-scale printing, circulation and sale of counterfeit government stamp papers and other security instruments by an organised crime syndicate headed by Telgi.

Earlier in the day, Telgi pleaded guilty amid high drama in the courtroom.With folded hands and tearful eyes, he answered the judge's queries and said he was aware of the huge loss to the national exchequer caused by his actions.

Saying "sorry" to the country for his crime, he added that his wife had persuaded him to admit his guilt unconditionally.

Following his confession, Telgi's counsel Harshad Nimbalkar appealed to the court to take a lenient view on punishing him and take into account his HIV-positive status.

CBI counsel Raja Thakre opposed the plea, saying, "A lenient view of this criminal who is now shedding crocodile tears should not influence the quantum of sentence as it will send wrong signals to the people and imply that anyone can get away softly despite the magnitude of the crime."

Telgi, currently lodged in Yerwada Central Jail here, had Wednesday conveyed his desire to plead guilty through his counsel after 42 of his co-accused had done the same.

In a sensational disclosure during a narco-analysis test in 2003, Telgi had named several powerful politicians and officials as his accomplices. But all of the politicians named by him had denied charges.

The CBI had also filed charge sheets against former Mumbai Police Commissioner R.S. Sharma and two other senior police officers, but they were discharged Wednesday by the court for lack of evidence.

Telgi's first conviction came in January last year, when the Pune court sentenced him to 10 years in prison for counterfeiting government stamps.

In March this year, a special court in Bangalore sentenced him to another 10 years in jail for forgery and cheating. Subsequently, he was given terms of 15 years and seven years in two more cases.

Telgi's third sentence came in April when the special court sentenced him to 15 years for forgery and conspiring to cheat the state.

On June 21, the same court sentenced him to seven years in prison for bribing two government doctors to get a fake medical certificate to secure bail.

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Cabinet approves Clinical Establishments Bill, 2007


Delhi, June 28: The Union Cabinet today gave its approval for introduction of the ‘Clinical Establishments (Registration and Regulation) Bill, 2007’ in Parliament.

The proposal would provide a legislative framework for the registration of clinical establishments and also to provide minimum standards for facilities and services with a view to standardizing health care services and for achieving improvement of public health.

It would also initiate the process for the creation of a national registry of clinical establishments.

The Bill will be introduced in the next session of Parliament.

PIB Press Release

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Wednesday, June 27, 2007

No easy way to arrest Dera Sacha Sauda chief


(NEWS ANALYSIS)
By Jaideep Sarin

Chandigarh, June 28 (IANS) The latest move by Akali Dal-led Punjab government Wednesday night, allowing the police to arrest the Dera Sacha Sauda chief Gurmit Ram Rahim Singh, can only worsen the relationship between Sikh hardliners and Dera followers.

The Dera chief - who lives in a sprawling mini-city on the outskirts of Sirsa town in neighbouring Haryana, 300 km from here - is unlikely to give in easily when the policemen try to arrest him.

A Bathinda court issued the arrest warrant June 20. A month before that, the police had registered a case, accusing the Dera chief of hurting religious sentiments of Sikhs.

The warrant is valid till July 1. The sect chief plans to visit Uttar Pradesh and other states during the next three days.

The Punjab police will have to depend on the willingness of their colleagues in Haryana to carry out the arrest.

Before the Punjab government gave the sanction for the arrest, Haryana chief minister Bhupinder Singh Hooda had ducked the question of helping the Punjab police. He had described the question as "hypothetical". Now it has become very real, and will probably trouble Hooda quite a bit.

Thousands of sect members who have gathered in Sirsa are likely to physically oppose the arrest of Gurmit Ram Rahim Singh. The sect has over two million followers in Punjab and Haryana. If they turn violent, the two states may see a repeat of the May incidents, when there was widespread violence and arson in the wake of the controversy.

While the Sikh community has maintained its tough stand on the controversy that erupted after the Dera head portrayed himself like the tenth Sikh guru Gobind Singh, Gurmit Ram Rahim Singh himself has perhaps not done enough to resolve the controversy.

He has apologised to the Sikh clergy twice, but both apologies have been interpreted as reluctant. They clearly fell short of the conditions laid down by the Sikh religious leaders.

The ruling Akali Dal is obviously annoyed with the Dera chief, who had sided openly with the Congress in the last assembly election. But the Punjab government cannot wish him away. He has a large following in the state, especially among the poor.

The average resident of Punjab and Haryana can only wait and watch in trepidation as the possibility of violence becomes more real all the time.

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Judicial crisis has 'damaged' Pakistan: Supreme Court


Islamabad, June 28 (IANS) Pakistan's Supreme Court has said that the crisis over the suspension of Chief Justice Iftikhar Mohammed Chaudhry has caused "huge damage to the country".

"This is not a case but a crisis. This has caused huge damage," said Justice Khalilur Rahman Ramday, who heads a 13-member bench hearing Chaudhry's petition that challenges the presidential reference against him.

Justice Ramday observed that "a judge of the superior court should have the right to appeal against his removal", Daily Times said Thursday.

The observations came as Chaudhry's chief counsel Aitzaz Ahsan concluded his arguments after 11 working days.

Ahsan submitted that Chaudhry was ready to testify in court and, if restored, would ignore all grievances and strengthen the judiciary.

Chaudhry, whose suspension on March 9 by President Pervez Musharraf has triggered a nationwide stir, has sworn an affidavit alleging that the president and his military staff humiliated him.

He has denied the charge that he misused his office to get a posting for his son.

In response, Prime Minister Shaukat Aziz and his staff, Balochistan chief minister and a number of top officials in the government have filed counter-affidavits against Chaudhry.

Among other things, Chaudhry is alleged to have "pressured" the prime minister's aide to get himself a Mercedes car he was not entitled to.

Ahsan said the affidavits submitted by the president's chief of staff and chiefs of intelligence agencies were "full of contradictions".

Justice Faqir Khokhar said that had Chaudhry not filed his affidavit, the government officials would not have submitted the counter-affidavits.

Ahsan argued that the government affidavits were not meant to give a reply but to malign the CJP. "It was an executive attack on the judiciary," he said.

Thereupon, Justice Ramday said that the court would not take cognisance of the counter-affidavits.

- In Association with IANS

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Three Mumbai cops cleared of charges in stamp paper scam


Pune, June 27 (IANS) A special court in Pune framing charges in the multi-million rupees fake stamp paper scam Wednesday cleared a former Mumbai police commissioner and two other police officers of all charges.

The special Maharashtra Control of Organised Crime Act (MCOCA) court, which Tuesday framed charges against prime accused Abdul Karim Telgi and 42 others, Wednesday discharged former Mumbai police commissioner R.S. Sharma, former deputy commissioner of police (crime branch) Pradeep Sawant and suspended inspector of police Vashist Andhale for lack of evidence.

Special Judge Chitra Bhedi said that the prosecution did not have enough evidence against them.

All the three had been in judicial custody before being granted bail.

Prior to his arrest, Sharma was tipped for the top police post in Maharashtra. He has since retied.

The special court Tuesday rejected the applications of the accused challenging their prosecution under the stringent MCOCA act.

Charges were framed against Telgi and others including 26 of his former employees for being members of an organised crime syndicate, which conspired to impersonate, posses, fabricate, forge and market fake government stamps and stamp papers to the detriment of the state.

While 40 pleaded guilty except to charges under Section 120B of the Indian Penal Code (IPC), Telgi denied all charges against him and pleaded "not guilty".

The court had Tuesday discharged a former stamp vendor, Madhav Mutta Devadia, who had been named a conspirator. Telgi had allegedly misused the government license granted to Devadia to sell stamps and stamp papers.

If convicted, the accused face a maximum punishment of life imprisonment.

Charges against 21 other accused were also framed Tuesday.

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Over 8,700 Indian expatriates apply for emergency papers in Dubai


Dubai, June 27 (IANS) Taking advantage of a new amnesty scheme launched by the United Arab Emirates (UAE) government for illegal foreign workers, 8,793 expatriate Indians have filed applications for emergency certificates at the Indian mission here.

Over 5,000 applications have been received from Sharjah and over 3,000 from Dubai itself, according to a press statement issued Wednesday by the Indian consulate general.

Earlier this month, the UAE government had set a deadline of three months for all illegal foreign workers to either get legal status to stay in this country or face deportation.

The Indian mission will begin issuing emergency certificates in a phased manner from July 1, according to the statement. Those who had applied for their emergency certificates before the amnesty was announced can collect them from the consulate on July 1.

All those who applied to the various collection centres on June 11 can collect their emergency Certificates from the Indian High School in Dubai on July 1. Those who applied on June 12 can collect their certificates on July 2 and so on.

The mission has also requested all applicants to check the dates on the receipt and report to the Indian High School in Dubai or the Indian Association office in Sharjah on the date indicated on their receipt.

There are around 1.4 million expatriate Indians in Dubai, many of them contract workers.

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Tuesday, June 26, 2007

A president should be someone with a vision for India


(COMMENTARY)
By Shekhar Tiwari

India is in the thick of electing a new president and the time could not be more opportune to reflect on the qualities we must look for in the new leader even though the office is more symbolic than executive. It is disheartening to notice that the entire debate on the presidential election ends up focusing on the superfluous, the partisan and the non-essential.

For instance, one frequently hears that certain sections of India's political establishment have been insisting that the new president ought to have political grounding. Then there are those who would naturally look for a leader who is more amenable to their ideological biases and predispositions. Yet another section would probably look for someone who fits their caste or class preferences. It is striking that hardly does one hear any politician of consequence speaking out in favour of a visionary figure who is above political, caste and other narrow equations.

Instead of looking for someone whose vision is more attuned to an India of the next 50 years, a lot of people in India are looking for someone who is a political conformist with no new ideas and someone who is not guided by the past but beckoned by the future.

It should be said to the credit of President A.P.J. Abdul Kalam that he has been successful in breathing in a new life and a new vision into an office that is largely ceremonial. One does not recall an instance in recent times when ordinary people have actually gone out of their way to campaign for continuing the incumbent in Rashtrapati Bhavan. It is a tribute to Kalam's unusual style of functioning where he saw his role as the chief motivator in a country where more than 50 percent of its population is 25 years of age or less.

Kalam brought the right mix of modernity, scientific temper and idealism free from any political prejudices. That is the reason why he has become so popular. Now that the office of the president has been elevated to a different level, it is important that India looks for someone who not only maintains those standards but even goes beyond them.

The first and foremost attribute that we need to look for in a new president is unimpeachable personal integrity and the passion to do what is right constitutionally without any fear or favor. After all, contrary to popular notions the president is not a partisan figure installed to further the interests of a single party or ideology but the entire country.

Another important attribute that we must look for is that the person should have a compelling vision of India that is in line with the 21st century and devoid of archaic or outdated ideas. The way I see it the job of the president is to inspire the rest of the country to aspire to higher values and greater excellence in all our national endeavors. We need a president who inspires the people of India, particularly its young, to go beyond the call of their duty and job to help the country achieve its promise of greatness.

We also need in our new president a sense of conviction that India's role in world affairs has changed decisively in the last decade or so. From being a marginal voice on the international stage, it is now the world's most cherished growing democracy. That puts on the office of the president that much more weight to carry. In the president's role as the ambassador of everything that is great about India, the incumbent ought to represent a combination of the country's glorious past but, more important, its great future.

Although constitutionally the president is supposed to articulate the policies and philosophies of the prime minister and his cabinet, there is enough flexibility in that role to leave a mark of independence. We need a president who would not fight shy of asserting independence without in any way challenging the supremacy of the constitution.

We also need a president who does not merely get lost in the ceremonies of the office but uses the powerful platform to introduce generational change in our mindsets about the way we do many things in India. The office has some inherent strengths, both constitutional and symbolic, to enable its occupant to subtly guide India on a course that the politically hamstrung executive branch sometimes may hesitate to.

It is very important that we do not reduce the office of the president to an ugly battleground of partisan politics as it frequently becomes. All political parties must realize that the office is greater than the sum of their political ambitions. The office has certain gravitas that must rise above all politics and all machinations.

(Shekhar Tiwari is an Indian American community leader who lives in Washington, DC. He can be contacted at sstiwari@yahoo.com)

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Loan Recovery Death - 4 Sent to Judicial Custody


Hyderabad, June 26 (IANS) A city court Tuesday remanded four men to judicial custody for 14 days in connection with the death of a state government employee who was wrongfully confined and tortured by a debt recovery firm.

Sundar Babu, Ramesh and Sridhar, partners of Elite Financial Services, an agency reportedly authorised by the ICICI Bank to recover money from defaulters, and the firm's executive Raju were produced before the 14th metropolitan magistrate's court, which remanded them to judicial custody for two weeks.

The men were arrested Monday on charges of wrongful confinement, kidnapping and culpable homicide not amounting to murder.

Punjagutta Inspector of Police G. Narasaiah said Raju had picked up Y. Yadaiah, 42, from a bus stand last Friday and forcibly taken him to his office to recover Rs.15,000, which he had taken as personal loan from ICICI Bank a few months ago.

Yadaiah was allegedly beaten up and threatened by the three partners of the loan recovery agency. They claimed he developed convulsions and died in front of their office Saturday. The family members, however, alleged that the agents beat him to death.

Yadaiah was working as an electrician with the state health department. He had taken the personal loan from the bank a few months ago. He reportedly defaulted on payments and ignored the reminders from the bank.

Taking a serious note of the incident, state human rights commission (SHRC) Tuesday directed the police to submit a report on the death of Yadaiah.

SHRC chairman Justice Subhashan Reddy, taking suo moto cognisance of media reports, said the commission had ordered the police to submit a report on the death and register a case against the bank.


It may be recalled that Supreme Court of India in Feb.'2007 had ordered Banks not to use "muscle power" to recover loans. The bench said.. ""You may have the right to recover the loans but you cannot send goondas to recover the vehicle. Sometimes since they get commission, the agents may resort to force and threat. We will have to stop this practice."

In association with IANS

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Indian origin lawyer leads British list of top earners


London, June 26 (IANS) A little-known lawyer of Indian origin has emerged as the highest paid legal aid barrister in Britain, earning 1,116,000 pounds in 2005-06.

Balbir Singh, 48, head of Equity Chambers, Birmingham, tops the list of 10 highest paid legal aid barristers released by Britain's Ministry of Justice Monday.

Singh, a criminal legal aid barrister, is the only person in the list who has not been promoted to the rank of Queen's Counsel (QC).

Singh was once investigated for allegedly telling a client how to concoct an alibi, according to a report in The Telegraph. A Bar Council disciplinary tribunal later found that the evidence provided against Singh was inconsistent, unreliable and not credible.

After 60 witnesses, including QCs, deposed for Singh, he was cleared of the charges.

According to The Telegraph, he later said that the support he received then led to his workload increasing.

Born in the industrial city of Walsall in the West Midlands, Singh went to Walsall grammar school and Walsall College and then took a law degree from Coventry Polytechnic.

A former magistrates' clerk, he was called to the bar when he was 26 and his areas of practice today cover crime, corporate fraud, licensing, family, civil liberties, human rights, civil trials, judicial review and hearings in the appeal courts.

Meanwhile, a report in The Guardian said that the latest figures would embarrass Britain's Justice Minister Lord Falconer, who has repeatedly pledged an end to the 1-million-pound-a-year legal aid barristers.

"Around 1 percent of cases in the crown court consume more than 40 percent of the crown court legal aid budget. The problem has been exacerbated by ever lengthier trials with multiple defendants," the report said.

Labour MP Andrew Dismore has also condemned as an "absolute disgrace" the huge fees paid to individual lawyers from taxpayers' money.

"This is an absolute disgrace. Law centres and advice services are being squeezed at the bottom end to pay for multi-million-pound, bewigged fat cats at the other," The Daily Mail quoted him as saying.

According to The Telegraph, however, the Legal Services Commission, which runs legal aid, has said that it worked hard to ensure value for money.

"The highest paid firms worked on more than 130,000 cases in a year, helping thousands of people to protect their rights, often at crisis points in their lives," The Telegraph report quoted Carolyn Regan, the Commission's chief executive, as saying.

"These highly skilled and dedicated firms, agencies and individuals deliver a range of civil and criminal legal services ranging from providing housing advice to avoiding homelessness to ensuring that people have the basic right to a legal defence when facing criminal charges."

Singh was not available for comment as he was involved in a trial at Leeds.

In the Ministry of Justice list, Singh is followed by Nigel Lithman QC (978,000 pounds), John C. Rees QC (947,000 pounds), Oliver Blunt QC (913,000 pounds), Andrew Trollope QC (889,000 pounds), William Clegg QC (849,000 pounds), James Sturman QC (765,000 pounds), Howard Godfrey QC (733,000 pounds), Abbas Lakha QC (706,000 pounds) and Stephen Riordan QC (699,000 pounds).

These are all gross amounts and self-employed barristers must pay VAT, income tax and National Insurance, chambers fees, expenses and pension contributions.

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Supreme Court: Prior conviction not needed for Preventive Detention


New Delhi, June 26 (IANS) In a significant ruling, the Supreme Court has held that conviction of a person in criminal offences is not a prerequisite for his arrest under preventive detention laws that could see him jailed without trial.

A vacation bench of Justice Arijit Pasayat and Justice P.P. Naolekar last week ruled that a person facing trial in more than two criminal offences can be described as a "dangerous person" or "habitual offender" and be arrested under preventive detention laws.

Significantly, the ruling runs contrary to the judicial dictum of innocent-unless-convicted, which politicians have been liberally using to foil attempts to usher in laws on electoral reform aimed at banning people with criminal backgrounds and facing trial from contesting elections.

The bench gave its verdict setting aside a Bombay High Court ruling, which had freed a man, detained by the Nagpur district magistrate for a year Aug 12, 1999, under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act.

The Nagpur bench of the high court acquitted the man, Mehmud, two months before his one year detention was to expire. The high court bench had held that "there must be a conviction before it can be said that the detenu habitually commits offences".

Setting aside the high court ruling, the apex court bench held: "Considering the nature of the special jurisdiction and power which the detaining authority exercises (under the preventive detention laws), the high court's conclusion that prior conviction is a prerequisite to detain a person under the preventive detention laws is clearly unsustainable."

The Maharashtra government had challenged the high court ruling in the Supreme Court on the plea that it diluted the government's executive authority to arrest a person under the preventive detention laws.

The state government had sought a review of the high court verdict more in order to seek clarity on the provisions of preventive detention.

While seeking a review of the high court ruling, it did not ask for an order to arrest Mehmud again and make him serve the remaining period of his detention.

IANS

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Monday, June 25, 2007

India to ban housemaids to countries refusing labour pact


New Delhi, June 25 In a move to contain increasing instances of exploitation, India is contemplating a ban on housemaids going to work in countries with which it does not have a labour welfare pact.

According to a new proposal from the Ministry of Overseas Indian Affairs (MOIA), a ban would force the countries to come to the negotiation table for a welfare agreement.

"The ministry is considering a ban on the emigration of Indian women having emigration clearance required (ECR) passport to a country if it refuses to negotiate a bilateral memorandum of understanding (MoU)," said an official source in the ministry.

"The ban could be lifted if the country returns to the negotiating table," the official added.

India has already signed similar MoUs with the United Arab Emirates (UAE), Kuwait, Qatar and Jordan and is negotiating agreements with Malaysia, Oman, Yemen and Bahrain.

It is believed that more than 200,000 Indian women are working as HSW (household service workers) in the Gulf region itself. The number of Indian housemaids has sharply increased in the last three-four years - from about 5,000 women, mostly from Kerala and Andhra Pradesh, in 2004 to 15,000 in 2005.

According to the source, Overseas Indian Affairs Minister Vayalar Ravi has already discussed the matter with a ministerial sub committee and with an inter-ministerial meeting convened specially to discuss the issue.

Officials pointed out that Saudi Arabia has not begun the negotiation process at the government level.

"The minister (Ravi) is of the view that women household workers cannot be protected in a country that is disinclined to sign the MoU for bilateral cooperation. He has already suggested a total ban on women workers to such countries," the official, who only spoke on condition of anonymity, told IANS.

The ministry has also suggested that a minimum wage be fixed and no woman be allowed to emigrate if the contractual wage was below the minimum wage.

"We have also proposed that every foreign employer directly recruiting an Indian woman emigrant must deposit a security of $2,500 in the form of bank guarantee at the respective Indian missions.

"The employment contract should be between the worker and employer, not with the agent. To avoid the malpractices of cancelling the insurance policies or refunding the one-time premium after the emigration formalities, we want insurance companies to give an undertaking that it should not cancel any policy except with prior written permission of protector general of emigrants (PGE)," the official added.

In order to check the increasing cases of exploitation at workplaces - household jobs fall under the informal sector and do not have the protection of labour laws in the respective countries - the ministry has already banned the emigration of HSW below 30 years of age.

"However, the reported cases are still in the rise. The very nature of their jobs makes the household workers prone to long hours, erratic work scheduled, verbal assault, physical and sexual abuses," the official pointed out.

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All fail H.P. judiciary entrance test


Shimla, June 25 (IANS) All the 150 odd candidates who appeared for the Himachal judiciary entrance examination have failed to crack the test.

"All 153 candidates failed to qualify for the 11 vacancies in the Himachal Judicial Service (HJS) this time," said V.C. Katoch, secretary of the Himachal Public Service Commission here.

Lack of adequate knowledge of law, English and Hindi prevented them from procuring the minimum 50 percent marks to be eligible for the interview round, he said.

These candidates had earlier passed the preliminary HJS test for which 600 law graduates had appeared earlier this year.

Candidates who qualify the HJS examination are later posted as judges in lower courts.

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Bill on errant judges: House panel finalises recommendations


New Delhi, June 25 (IANS) A parliamentary panel Monday finalised its recommendations to the government on a bill for setting up an institutional mechanism to discipline errant judges of higher judiciary.

After a daylong crucial last meeting on the issue, E.M.S. Natchiappan, chairman of the Parliamentary Standing Committee on the Law and Justice Ministry, said: "We finalised our recommendations on the bill for the government today. Now the officials will start drafting them, which I hope would be finished by the second week of July.

"Once they are drafted, the report will be ready for tabling in parliament during the forthcoming monsoon session," Natchiappan told IANS.

Asked about the strong protests that the bill had evoked, he said it had been the committee's endeavour to reach a consensus on its recommendations.

He, however, evaded a direct reply when asked if the committee has reached the consensus that the bill can be passed by parliament without amending the constitution. "It would be part of the recommendation, which I cannot divulge to you. It involves the privileges of the members."

The Judges Inquiry Bill, 2006 seeks to establish National Judicial Council to probe allegations like corruption and inefficiency against judges of the higher judiciary. It was referred to the panel soon after the law ministry introduced it in the Lok Sabha on Dec 19, 2006.

The bill has been facing severe opposition in the lawmakers' panel on various counts, including one of its provisions allowing an impeached judge of the Supreme Court or a high court to challenge in the apex court the president's order dismissing him.

Owing to this provision, the members have been terming the bill as "unconstitutional", saying it cannot be passed without amending the constitution.

Several members, including eminent lawyer and former law minister Ram Jethmalani, have repeatedly questioned Section 30 of the bill, which allows a judge of the higher judiciary to move the apex court against his impeachment.

"Section 30 is the most foolish provision of the bill," Jethmalani had told IANS earlier.

The bill is also facing lawmakers' resistance over a provision, which seeks to make an inquiry against a judge by the National Judicial Council confidential and keeps the probe out of the ambit of the Right to Information (RTI) Act.

In earlier meetings, several members of the panel have questioned the rationale of making the inquiry process confidential, when even the process of appointment of judges falls within the ambit of the RTI Act.

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Judge Kode injured, Mumbai blast sentencing after 2 days


Mumbai, June 25 (IANS) The process of sentencing the accused in the Mumbai 1993 serial bomb blast case was postponed for two days after the concerned judge accidentally broke his right hand Monday.

Special Terrorism and Disruptive Activities (Prevention) Act (TADA) judge Pramod Kode was hospitalised, a TADA court official said.

"Judge Kode has broken his right hand after he fell in the bathroom at his residence this morning. The judge has informed us at the court that the ongoing sentencing will be postponed for the next two days," V.S. Gawas, registrar of the TADA Court, told INAS.

Judge Kode is in the midst of delivering the quantum of sentence for the 100 accused found guilty of their role in the March 12, 1993 serial bombing in Mumbai that killed 257 people and injured about 700.

The court is yet to sentence four family members of the prime accused, absconding Tiger Memon, 15 bomb planters, a senior customs official, Bollywood star Sanjay Dutt and three other co-accused found guilty under the Arms Act.

However, sentencing proceedings have been stalled since June 19 after 16 of the accused challenged the validity of the special court that tried them.

In an application before the special TADA court, the group cited a Supreme Court judgement last month saying that all cases under the TADA Act should be referred to the apex court.

Dutt and three others convicted under the Arms Act as well as the four family members of Tiger Memon are not party to the application.

The court had been sentencing the convicts since May 18. So far, 76 of the 100 convicts have been sentenced with jail terms ranging from life to five years and fines for planning and abetting the attack or for illegal possession of weapons.

Dutt was found guilty of illegal possession of weapons and could face up to 10 years in prison. No date has been set for his sentencing.

The 47-year-old actor, currently on bail, was found guilty under the Arms Act but has been cleared of the charge of conspiracy under the stringent TADA Act.

Dutt, who has already spent 18 months behind bars after the bombings, had sought probation under the Probation of Offenders Act on grounds of good behaviour and his bail has been extended several times since he was convicted last November.

The attacks were allegedly masterminded by India's most wanted fugitive Dawood Ibrahim, Tiger Memon and Mohammed Dossa - all three have been declared absconders by the TADA Court.

(C) IANS

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Sunday, June 24, 2007

Rajasthan's Innovative Scheme to Boost VAT Collection


Jaipur, June 25 (IANS) Consumers in Rajasthan can look forward to winning prizes worth up to Rs.10,000 simply by asking for a bill after any purchase as the state government launches next month a unique scheme to ensure better compliance of the value added tax (VAT).

Chief Minister Vasundhara Raje, who also holds the finance portfolio, had announced the Dhanlaxmi Scheme in her budget speech in March.

"The scheme will be implemented from July 1 in Jaipur, Ajmer, Bharatpur, Udaipur, Jodhpur, Kota and Bikaner regional headquarters," Minister of State for Finance Virendra Meena told IANS.

The VAT system introduced in the state in 2006-07 functions on the basis of a cash memo, but some traders avoid the tax by not issuing a bill. The scheme is aimed at plugging the leakage in the tax collection, a senior finance department official said.

Consumers taking a bill of a value above Rs.100 will be given coupons that can be deposited in boxes placed at offices of the Sales Tax Department and other places, he said. Winners will be selected through a draw of lots every fortnight in Jaipur and every month in other cities.

There are 20 prizes of Rs.500 each and one prize of Rs.1,000, Rs.5,000 and Rs.10,000 each.

"This scheme will help us in shoring up VAT revenues," he said.

(C) Vakilno1.com in association with IANS

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Land mafia targets NRI land in Delhi


New Delhi, June 25 (IANS) The "land mafia" in the national capital seems to be turning its attention to non-resident Indians (NRIs) whose absence is usually long enough to grab their land and sell it illegally at whopping prices.

Four cases of unauthorised occupation of land, known here as land grabbing, that Delhi Police are investigating show how well-off NRIs, mostly settled in the US and Britain, are falling easy prey to such gangs.

Police officials say the land mafia - mostly a bunch of unscrupulous real estate agents - form a well-organised network to keep a close watch on the lands and properties of those NRIs who hardly visit the city.

"The land mafia has formed a complex web including government and bank officials to keep a tab on people who rarely visit their properties back home," a senior Crime Branch official told IANS.

The mafia not only sells such land with forged documents but also puts NRIs in trouble by obtaining bank loans against their property.

Statistics available with police show that at least 14 cases of grabbing and selling of land owned by NRIs - mostly in upmarket areas of south Delhi - have been registered in the past three years.

Explaining the modus operandi, an official said the culprits keep in touch with the contacts of NRIs in order to know about their visits and the duration of their stay in Delhi. They also study the status of their properties.

"Through these contacts, the mafia finds the person in whose name the initial conveyance deed - a legal document signed and delivered to effect a transfer of property and to show the legal right to possess it - has been executed by the NRI or the caretaker of the property here. After that the person is lured by the mafia with hefty amounts."

In most cases, the person is a property dealer who resides only a little distance away from the property. This person is first lured into the mafia loop, say police.

"As the original conveyance deed doesn't bear the photograph of the actual owner or NRI, the newcomer in the mafia group executes a general power of attorney (GPA) in favour of a property dealer of the mafia. They also spend hefty amounts in paying stamp duty," the official told IANS.

After completing the paper work, the mafia creates confidence in a prospective buyer, showing him the rosy picture that this particular property is available for a throwaway price. Sometimes the buyer is told that the owner needs money for his medical expenses or foreign trips.

Another modus operandi the mafia adopts is showing the prospective buyer a fake agreement and the receipt of a hefty amount as proof that the property has been sold off.

"Through such means they receive a hefty amount from a prospective buyer. If things become apparent to the buyer, they threaten him with dire consequences and while returning his money ask him to compromise on a much lesser amount," said another senior police official.

"It has also been noticed that such properties are mortgaged with banks for big loans."

"Banks are also sluggish in getting a case registered, as they report the matter after a gap of more than four or five years. Such attitude on the part of bank officials adversely affects the prospects of a case and apprehending the accused persons," the official added

.....By Sahil Makkar

- (c) IANS

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Saturday, June 23, 2007

Quattrocchi can still be extradited: CBI ex-director



By Rana Ajit

New Delhi, June 23 (IANS) The Central Bureau of Investigation (CBI) appears resigned to losing its bid for the extradition of Bofors-payoff accused Ottavio Quattrocchi from Argentina, but a former director of the agency says it still has a "very strong case" in the Supreme Court there.

"It's our understanding that any case reaches the apex court there automatically, but we are waiting for the official communication from there," said a senior CBI official who did not want to be identified.

A lower Argentinean court had June 8 dismissed India's claim to extradite the Italian businessman to face trial in India for his alleged role in the $7.34 million Bofors bribery scam.

Asked if it was true that the Argentinean apex court hears no fresh argument or facts during appeal, the CBI official said, "That's our understanding as well." The official admitted that this practice meant that India now stands a meagre chance of winning its case in the Argentinean supreme court.

However, former CBI director Joginder Singh told IANS: "The case against Quattrocchi is still very strong and India always stood a good chance of winning it, had we deployed the best of legal brains to fight it.

"Quattrocchi can still be extradited, provided the government has the will and deputes outstanding lawyers and not the government lawyers whose sole objective happens to be not to displease anybody in the government."

"In any case, for extradition, one need only prove the existence of a prima facie criminal case against a person and not his guilt in that case."

"The First Information Report in the Bofors case itself comprises 130 pages with several facts of evidentiary value thrown in. All we need is the political will to have him extradited," said Singh.

Singh had handled the case during his tenure as CBI chief and personally brought bulky documentary evidence in January 1997 in the form of Quattrocchi's Swiss bank documents from Geneva after winning a long legal battle there with the accused.

"To begin with we have evidence in the form of the November 1985 contract between A.E. Services, the subsidiary of a firm owned by Quattrocchi, and Bofors AB, which required Quattrocchi's company to win the contract for Bofors by March 31, 1986 for a three percent commission of the contract amount," said Singh.

But, he said, "Nobody appears to have looked at this fact."

"The contract was actually awarded March 24, 1986 itself and Bofors transferred $7.34 million to Quattrocchi," said Singh adding: "these papers were personally brought by me from Switzerland. The case against Quattrocchi is still strong as it is based on bank records."

Asked about Singh's statements, CBI special director M.L. Sharma said, "Singh is our former director. I will not like to comment upon what he says. But I would like to add that whatever evidence is there in the case, we had placed them all before the Argentinean court."

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UP Income Tax Lawyers against New Tax Return Forms


Lucknow, June 22 (IANS) The Income Tax Bar Association of Uttar Pradesh is up in arms against the union finance ministry's decision to replace the traditional 'SARAL' form by a new set of forms for filing annual tax returns.

"The new forms being introduced by the finance ministry were not only lengthy but also cumbersome and certainly against the larger interest of the people," the bar association spokesman S.K. Kohli told a press conference here Friday evening.

"It was really strange that even while our top leaders always talk about simplifying procedures for the common public, the new forms were clearly aimed at complicating things for an assessee," Kohli said.

"As against the earlier single-page 'SARAL' form, assessees of different categories would now have to fill in seven to 27 pages," he pointed out.

The association has demanded immediate withdrawal of the revised set of forms and reversal to the earlier one. They were already in the process of mobilising their counterparts across the country to build further pressure on the central government.

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Crimes against women on the rise in Agra


Agra, June 23 (IANS) There is a spurt in crimes against women in Agra district. Shockingly, at least in some cases, law enforcement officials have remained indifferent while the victims' community and family members have either turned their backs on the suffering women or harassed them further.

Recently, a 25-year-old woman who works in a garment factory in New Delhi startled a court in Agra when she accused her relatives of gang rape. The woman said she fled Delhi after her own family refused to fight for justice out of fear of being ostracised by the community.

In another case, a married village woman alleged that a man raped her when she went to the fields to answer nature's call. The woman said when she complained to the village elders and police, the only response she got was an impregnable wall of apathy.

Respect for women is clearly going down in this region.

Recently, an employee of a nursing home tried to rape a patient but timely assistance saved her. But Preeti (name changed) of Agra city's Jagdishpura area was not so lucky. She was first gang raped and later the rapists audaciously demanded Rs.50,000 from her parents to keep quiet about the incident.

Medical activists say young girls in the rural areas are no longer safe.

"I have to daily handle cases of forced physical assaults or abortions. Parents are in no position to protect their girls from youths being fed on spurious culture and easily accessible pornographic material," a gynaecologist who also works as a social worker said on condition of anonymity.

Activists say that instead of taking action against criminals and ensuring that women feel safe, law enforcement officials often harass youths who flee their homes to escape the shackles of an oppressive system or to get married.

Last week, a young couple from Agra was caught in Etah, also in Uttar Pradesh.

The news made headlines in the local media. The two had run away from Agra after family members put obstacles in the path of their "true love".

"Falling in love is still seen as a crime," moaned Netra Pal Singh, a social activist and family counsellor of the Women's Conference. "Surely this mindset needs to change as more and more youngsters are taking up jobs and becoming mobile."

A senior police officer says that some crimes, especially those involving women, cannot be prevented by police action alone.

"With increasing levels of promiscuity and people becoming insulated to permissiveness, there was no way such crimes can be controlled without society's backing," he said. Some blame the TV, others the Internet.

Related Laws : Domestic Violence Act 2005, The Protection Of Women From Domestic Violence Act, 2005

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Friday, June 22, 2007

Increasing Land Supply is the Key to Reducing Real Estate Prices



Mumbai, Maharashtra, India, Friday, June 22, 2007 -- (Business Wire India) -- Increasing the supply of land - which constitutes about 50% of the total project cost at present and is largely responsible for high prices - holds the key to affordable housing. This was the consensus that emerged today at 'Realty 2007', the Real Estate Conference organized by Confederation of Indian Industry. Advocate Anil Harish, D M Harish & Co felt that the emphasis should be on creation of new areas with infrastructure and facilities rather than further developing existing urban areas while K Srinivas, Managing Director, Gujarat Urban Development Co. Ltd., highlighted the fact that close to 50% of 'close to urban' areas can be urbanized but are not put to urban use. Dharmesh Jain, Chairman & Managing Director, Nirmal Group of Companies emphasized that until supply increases, the concept of reducing prices will remain just a mirage. Until one flat is chased by ten buyers this problem will remain, he said. Similarly Sunil Rohokale, General Manager - Head Mortgages and Real Estate, ICICI Bank Ltd., explained that demand is always outstripping supply in the mortgage industry with too many people chasing the same asset. Parag Munot, Executive Director, Kalpataru Properties Pvt Ltd., pointed out that while demand has gone up real estate supply and infrastructure have not improved. Ashish Raheja, Managing Director, K Raheja Universal Pvt Ltd., said that while the current pricing will not come down, affordability is an issue. Sunil Mantri, Chairman, Mantri Group, opined that the current slackness in the market would disappear after September with the Dussera-Diwali period commencing whereas Harshavardhan Neotia, Director, Bengal Ambuja Housing Development Ltd., pointed out that very few developers find low income and middle income housing viable in the present scenario. The government needs to let developer's access land at cheaper prices, he said. Ramesh Jogani, Chief Executive Officer & MD, Indiareit Fund Advisors Pvt Ltd., stressed that affordability and banks introducing liquidity in the system were the major issues at present. The government needs to promote large format schemes with a specified time period. Anuj Puri Conference Chairman & Chairman and Country Head, Jones Lang LaSalle Meghraj, said that while the unchecked speculation in North India has resulted in a price correction, other parts of the country have not witnessed a change in prices as yet. Ness Wadia, Jt Managing Director, The Bombay Dyeing & Mfg Co Ltd, highlighted the soaring land prices in metros like Mumbai. He stressed that there is a huge issue of speculation and customers need to feel that they have a good deal. Pawan Malhotra, Managing Director & CEO, Mahindra Gesco Developers, pointed out that building office spaces for small industries offers a great opportunity to developers. Lalit Kumar K Jain, Chairman, Kumar Builders opined that speculative development in commercial spaces is very low, primarily for incubation spaces so there is no risk on the supply side. Satish Magar, Chairman & MD, Magarpatta Township Development & Construction pointed out that no developer is going to build offices and wait for customers to come. R N Bhaskar, Chairman & Managing Director, e-convergence Technologies Ltd, underlined the need to build for the future whereas R K Agarwal, GM-Corporate Real Estate, Hindustan Lever Limited, emphasized that infrastructure has to be in place before corporates take up office space. Capt K Srinivas, Vice President Procurement & RESO, Mphasis, said that it was useful for corporates to have information about the demand and supply for real estate as they needed to consider issues like scalability in future. Providing an Indian perspective on easing norms for FDI in Real Estate, Niranjan Hiranandani, Managing Director, Hiranandani Group of Companies, said that the secret of reducing prices is to create surpluses and that is only possible if restraints on FDI are removed, while Shobhit Agarwal, President Capital Markets & Investment Sales, Jones Lang LaSalle Meghraj, explained the original objectives behind easing FDI. Manish Chokhani, Director & CEO, Enam Securities Pvt. Ltd., pointed out that the issue is really about liquidity and access to capital, followed by regulation. Alex Hayim, Director, REIT Property Management Pvt Ltd. stressed that clarity on FDI - what can be done and what not - is the need of the hour. B S Nagesh, Managing Director, Shoppers' Stop pointed out that when money comes in, it has to bring in quality. Unfortunately we haven't seen that happen yet, he said. Ajoy Veer Kapoor, Managing Director, Saffron Advisors, explained that economics, financial inputs and politics cannot be segregated, we have to be realistic. Tarun Joshi, Chief Executive Officer, Brand House Retails Ltd and Shailesh Chaturvedi, Chief Executive Officer, Tommy Hilfiger Apparel India also addressed the conference.

Business Wire India Press Release

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Ex. MLA Gets 10 Years RI for Kidnapping


Gaya, Jun 22 Former legislator Rajendra Yadav was today sentenced to ten years of rigorous imprisonment and slapped a fine of Rs 50,000 by the fast track court here on chage of kidnapping two people in 2005.

Pronouncing the judgement, Fast Track court judge Vinay Kant Jha said in case of non-payment of the fine,the convict would have to serve five more years in prison.

According to the case, Yadav was charged with kidnapping of two people - Lal Bahadur Yadav and Mithilesh Paswan- from Sarina village under Nimchak police station area of the district during the state assembly elections two years ago.

Later,the convict's lawyer said they would soon appeal to the Patna High Court against today's judgement.

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Six convicted in 1999 Bengal train accident


Kolkata, June 22 (IANS) A West Bengal court Friday convicted six railway personnel for negligence of duty that led to one of the worst train disasters in the world in August 1999 at Gaisal, killing about 400 people.

The Islampur court of North Dinajpur district in north Bengal convicted the six charge-sheeted by the Central Bureau of Investigation (CBI) for dereliction of duty leading to the collision of Assam Awadh Express and the Brahmaputra Mail.

They were sentenced for two years and fined Rs.11,500 each by the Islampur court judge A. Bhattacharya.

The six railway employees are Kishangunge (Bihar) assistant station master S.P. Chandra, Kishangunge cabin man Mohammed Jalaluddin, Awadh Assam Express guard Bidyananda Chowdhury, Panjipara (West Bengal) cabinman Dulal Chandra Gupta, Panjipara assistant station master Ramnarayan Singha and Kishangunge pointman Jagdishram.

The train disaster occurred Aug 1, 1999 when the two trains carrying 2,500 people collided at the station of Gaisal, located on the Bihar-Bengal border and about 500 km from Kolkata.

The crash, which occurred at about 1.30 a.m., was so severe that the trains actually exploded on collision, killing at least 400 people.

The Brahmaputra Mail from Dibrugarh in Assam, packed with soldiers and security men heading for border regions, had been transferred onto the same track as the Awadh Assam Express from New Delhi due to a signalling error.

The Brahmaputra Mail crashed headlong into the front of the stationary Awadh Assam Express. The engine of the Awadh Assam Express waPublish Posts flung into the air, and passengers from both trains were hurled into neighbouring buildings and fields by the force of the explosion.

A CBI inquiry was ordered and found the six guilty of negligence.


Indo-Asian News Service

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Thursday, June 21, 2007

Welfare fund for NRI workers mooted


New Delhi, June 21 (IANS) If the Ministry of Overseas Indian Affairs has its way, Indian workers abroad will soon have a welfare fund with a sizeable contribution from the country's insurance companies.

The fund will be utilised for training workers for overseas jobs, for providing humanitarian aid when they are in trouble at their work places and for helping them to resettle on their return.

According to official sources, a note has been prepared for the cabinet's consideration on creating a corpus for the NRI workers welfare fund, "which may be funded initially by the government".

The ministry has proposed that an initial amount of Rs.1.50 billion could be allocated in 2007-08 and this could be reviewed "as per requirement".

Overseas Indian Affairs Minister Vayalar Ravi is believed to have proposed that major insurance companies could be roped in to contribute to the welfare fund, to which even NRI workers also could chip in with a small amount - either as a one time payment or an annual one.

"It is estimated that every year about 600,000 workers - semi skilled and unskilled workers - travel to the Gulf region in search of job opportunities. Under the current regulations, each such worker is charged Rs.200 for an emigration clearance stamp on their passports," a ministry official said, speaking on condition of anonymity.

"We have proposed that this fee be enhanced to Rs.300, of which Rs.100 will be the workers' contribution towards the welfare fund," he added.

The ministry has recommended that a trust could manage the fund. There could also be an advisory committee chaired by the minister, with five central government nominees and an unspecified number of ministers from the states as its members.

A bureaucrat could head the executive authority for the fund, with its members being four secretaries from the states, a nominee of the finance minister and nominees of industrial houses and insurance companies, the proposal says.

The fund would be used for paying the government's contribution towards a sustenance allowance for NRI workers in need and for subsidising their rehabilitation on their return home.

"We are planning to implement the scheme through the banks," the official said.

"The objective of the fund will not only be to train these workers upgrading their skills and to equip them for leading a dignified life on their return. Therefore, during training, they would be eligible for a fixed stipend as decided by the trust," the official added.

"The welfare fund is meant to build confidence among the workers - who have made large foreign exchange remittances - to signal to them they will be looked after by while they are abroad and also when they return to their homeland," the official explained.

The proposal will have to be approved by ministries of external affairs, finance, labour and law, as also the Planning Commission.

There are around five million Indian workers in the Middle East and the Gulf itself and they contribute around 50 percent of the total annual remittances of $25 billion sent by overseas Indians. The remittance from overseas Indian workers - most of who are based in the Gulf - is significantly higher than the remittances from others.
- In Association with IANS

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Wednesday, June 20, 2007

Delhi land use regularisation charges slashed


New Delhi, June 20 (IANS) The government Wednesday drastically reduced the charges to be paid by owners of commercial units in residential areas of Delhi to continue their businesses under the Master Plan of Delhi (MPD), 2021.

"Generally, the annual conversion rate has been reduced by two-third of the existing rates for all categories," said Union Urban Development Minister S. Jaipal Reddy.

He also announced a number of concessions to enable people owning property in the areas marked for "mixed use" - commercial activities in residential areas under the MPD - to avail of the new rates before the deadline of June 30.

He recalled that the Delhi Development Authority (DDA) in its Nov 20, 2006 notification fixed the charges to be paid for mixed use of residential premises in areas notified under the MPD, subject to certain conditions.

"One of the conditions is that the owner/allottee gets the premises registered with the local body on payment of the registration fee and payment of mixed use charges every year to the local body by June 30 and also one-time development charges for parking," said Reddy.

Conceding that these charges were on the higher side, the minister said, "I appointed a committee comprising officials of DDA, MCD (Municipal Corporation of Delhi) and NDMC (New Delhi Municipal Council) to suggest revised conversion rates."

Reddy said the charges were so high that "the response to the scheme for conversion is very poor and less than one percent of the affected persons have come forward to make the payment so far."

"Since there are only a few days left for payment, a facility is provided to pay one-fourth charges by June 30 and the remaining by Sep 30. In addition, a facility to make a one-time payment (as against annual charges) is being provided which will be eight times of the proposed (reduced) annual charges," said the minister.

"One-time development charges for parking can also be paid in two instalments of which one-third is to be paid by June 30 and the remaining by March 31 next year."

The DDA is issuing the necessary notification specifying the new charges, he said.

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Revised UPCPMT 2007 Results Today


Lucknow, June 20 (IANS) Admitting serious anomalies in the results of the medical entrance examination, the Uttar Pradesh government has decided to declare revised results Thursday.

The government will also announce the report submitted by a specially constituted nine-member technical committee that suggested reassessment of the result.

About 84,000 candidates had taken the Combined Pre-Medical Test (CPMT) to different medical colleges in the state, having nearly 1,600 seats. These also included the aryurvedic and homeopathic institutions.

Even as the investigating team was prima facie convinced that there was no "intentional irregularity" during the process, Chief Minister Mayawati was stated to have made it loud and clear that the guilty would not be spared at any cost.

"On the face of it, it seemed that an erroneous application of the systems had led to anomalies in the result and there was no mischief on the part of the concerned officials yet, the chief minister has given us very clear instructions to ensure that even those guilty of neglect be brought to book," state Cabinet Secretary Shashank Shekhar Singh told a press conference here Wednesday evening.

Besides widespread protests across the state, the discrepancies also led an unsuccessful candidate ending his life by jumping in front of a moving train.

The state administration was, however, not too sure what it would do in case the suicide victim now figured in the list of successful candidates.

"We could only express deep regret; after all, suicide is a cognizable offence and we must not encourage such tendencies," Singh pointed out.

Admitting that the revised result would seriously affect the position of a large number of candidates, he said: "The special probe panel had discovered that about 75 percent of the result was affected due to wrong application of computer software."

He, however, denied any irregularity in the checking of answer sheets. "A random re-scan of 14,000 answer sheets did not reveal any mischief."

According to him, the anomaly could have been nipped in the bud if the organisers of the examination had carried out a mandatory manual check.

(C) IANS & Vakilno1.com

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Indian shares continue to surge


Mumbai, June 20 (IANS) Indian shares continued to trade firm for the second consecutive day Wednesday, buoyed by strong buying in banking, auto and capital goods stocks with a key index gaining 0.81 percent.

The 30-share Sensitive Index (Sensex) of the Bombay Stock Exchange (BSE) nudged close to the 14,500-mark in early trade to close at 14,411.95 levels, a gain of 116.44 points or 0.81 percent.

The broad-based 50-issue National Stock Exchange Nifty rose 34.35 points or 0.82 percent to close strong at 4,248.65.

Leading the major gainers was cement producer Gujarat Ambuja Cements Ltd, up 4.60 percent at Rs.118.205, followed by the country's largest lender State Bank of India, up 3.85 percent at Rs.1,425.20 and multi-utility vehicle maker Tata Motors, up 3.53 percent at Rs.686.90.

Other major stocks that traded in the green were top car maker Maruti Udyog, textile major Grasim Industries, housing finance firm HDFC, top heavy electrical equipment maker BHEL, engineering and construction major Larsen & Toubro and top private sector telecom service provider Bharti Airtel.

Pharma major Ranbaxy Laboratories led the major index losers of the day, down 1.91 percent at Rs.351.85.

Technology stocks continued to take a beating with top software exporter TCS losing 1.28 percent during the intra-day trading at Rs.1,145.80 followed by top thermal energy producer NTPC, down 0.05 percent at Rs.150.30.

Other major stocks that traded in the red were consumer goods maker Hindustan Lever, software exporter Infosys Technologies, top steel maker Tata Steel and private sector lender HDFC Bank.

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Spice Communications plans Rs.5.2 bn IPO


New Delhi, June 20 (IANS) Spice Communications Ltd., one of India's leading private mobile service operators, Wednesday announced plans to raise Rs.5.2 billion through its maiden initial public offering (IPO).

The company, which provides mobile phone services in the GSM segment in Punjab and Karnataka, plans to utilise the money in repaying debts, payment of license fees and other related capital expenditures and also to expand its services to other areas.

"Our aim right now is to strengthen and consolidate our position in our existing markets of Punjab and Karnataka where we intend to be one of the leading players," Umang Das, managing director, Spice Communications, told reporters here.

"We have applied for licenses to be able to provide cellular services in additional 21 circles across the country," Das added.

He said the application was pending with the Department of Telecommunications and the company would focus on spreading a pan-India network if it is able to obtain the license.

The company recently concluded a pre-IPO placement of 24,873,889 shares at Rs.45 per share, thereby raising Rs.1.12 billion.

The price band for the IPO has been fixed between Rs.41 and Rs.46 per share. The issue opens on June 25 and closes on June 27.

"We will also seek to improve and expand our value added services like ring tones, games and other content services that our subscribers can access through their handsets," Das said.

The Modi Group, one of India's leading business houses, owns a 51 percent stake in Spice Communications, while the remaining stake is with Telekom Malaysia.

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Bathinda court issues arrest warrant against Dera chief


Bathinda (Punjab), June 20 (IANS) A court here Wednesday issued non-bailable arrest warrants against Dera Sacha Sauda sect chief Gurmit Ram Rahim Singh for hurting religious sentiments of the Sikh community.

Additional Chief Judicial Magistrate A.L. Kitchi issued the warrants on the basis of a May 20 case registered against the Dera chief, in which he was charged under Section 295-A of the Indian Penal Code (IPC).

The judge directed that the Punjab police will have to take the permission of the state government before arresting him.

The court order came even as a letter from the Dera head reached the protesting Sikh community (Sant Samaj) leaders in Chandigarh.

Though contents of the letter were not made public, sources in the Sant Samaj said that it was a re-worded apology to the Sikh community.

Sikh leaders were meeting in Chandigarh to deicide their further course of action after the latest letter.

They have been protesting at Mohali near Chandigarh since Tuesday seeking immediate arrest of Gurmit Ram Rahim Singh for committing blasphemy by portraying himself like 10th Sikh guru Gobind Singh.

The Dera chief had apologized to the Sikh gurus for his "unintentional act" in May after the Akal Takht, the highest temporal seat of Sikhs, issued a deadline to his sect to wind up all its activities in Punjab by May 27.

The Sikh leadership also asked Sikhs to socially boycott the Dera head and his sect followers.

The Dera-Sikh controversy had led to widespread violence in Punjab for over a week in May.

Gurmit Ram Rahim Singh lives in the sprawling headquarters of the sect near Sirsa in neighbouring Haryana, 100 km from here.

The Punjab police will have to seek the help of their counterparts in Haryana to arrest him from his fortified headquarters even as millions of his supporters are expected to oppose his arrest.

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CBI court rejects Pandher's bail plea


Ghaziabad, June 20 (IANS) A special court Tuesday dismissed the bail plea of Noida businessman Moninder Singh Pandher, facing trial with his domestic aide Surendra Koli for their alleged roles in the murders of at least 20 people, mostly children, in Nithari village.

Dismissing his application, special Central Bureau of Investigation (CBI) Judge Rama Jain said "it would not be proper to release the accused at this juncture" as it would hamper the probe into several cases related to the serial killings in the village near Noida, a suburb of the national capital.

Pandher had moved for bail in the case related to the killing of Payal, a sex worker. He had been chargesheeted for destruction of evidence and immoral trafficking.

The judge had reserved her order on Pandher's bail plea Tuesday after hearing arguments from all sides -- his lawyer Devraj Singh, CBI counsel Suresh Batra and the lawyer for the parents of the slain Nithari children, Khalid Khan.

Urging the court to release his client on bail, Devraj Singh said the CBI had already competed its probe into Payal's killing and had not been charged with any heinous crimes.

Pandher had also been given a clean chit in the other five cases in which the CBI had completed its probe and there was no likelihood of him being indicted for any heinous crime in the other cases, he argued.

Putting forward the CBI's objections, counsel Batra said the investigation was still incomplete in several cases and it was not right to already predict that he would not be chargesheeted.

Giving the view of the parents of the Nithari victims, Khan said the probe was complete in only five of the 19 cases in which Pandher figures as an accused.

In one of the cases, in which the CBI has already filed its chargesheet, the court has ordered further investigation.

Khan said Pandher was trying to secure bail in Payal's murder to ensure that the grounds for keeping him in jail in the other cases was considerably weakened as CBI was on a spree to give him a "clean chit".

In one of the most macabre crimes in recent times, Pandher and his aide Koli were arrested Dec 29 after the Noida police began discovering skeletal remains of people, mostly children, from drains near his bungalow. The children had been sexually abused as well.

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Lawsuit against Dhoni's swimming pool



Ranchi, June 20 (IANS) Indian vice-captain Mahendra Singh Dhoni's plans to build a swimming pool in his new home seem to have got into fresh trouble with his neighbours after they filed a public interest suit against its construction on grounds that it would add to the colony's water woes.
Residents of Harmu Housing Colony here filed a PIL in the
Jharkhand High Court Tuesday, pleading that the pool's construction be halted. They have also questioned the manner in which the Ranchi Regional Development Authority (RRDA) passed the building plans of the house and the pool.

They had earlier petitioned the RRDA and Jharkhand chief secretary in this regard.

Last week, a team of experts had given a clean chit to the pool in their report submitted to RRDA. It said "there would not be any wastage of water by constructing the swimming pool".

However, the first report submitted by the experts earlier this month had been turned down by the Urban Development Department (UDD), which sought a second report on the technical details.

The PIL also alleges that laws were violated while passing the blueprints of the pool and the adjoining house in the colony.

"The building plans of Dhoni's house was passed in just one day. The RRDA overlooked the technical aspects before clearing it. There is a survey report that Harmu Housing Colony faces a water crisis," said one of the petitioners.

The residents have alleged that the swimming pool will need 400,000 gallons of water which will lead to a water scarcity in the neighbourhood.

The Jharkhand government had gifted the 5,000 square feet plot in Harmu Housing Colony to Dhoni in November 2005.

Dhoni is presently in Britain with the Indian cricket team.

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