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Post Info TOPIC: SONIA - Manmohan Singh Government Activities


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  • 29 Apr 2012
  • Hindustan Times (Delhi)
  • Harinder Baweja harinder.baweja@hindustantimes.com

 

THE CASE AGAINST
SAJJAN

1984 How the Congress MP blamed by CBI in the anti-sikh riots got away so far and why he’s feeling the heat now

From page 1 The skyline was dark; it was uncomfortably grey and it stayed that way. For three long days and nights, the Capital resembled a huge funeral pyre to its west and east, and the stench of burning rubber and bodies started filling the air. Word had spread that Indira Gandhi had been shot dead by her Sikh bodyguards and a motley crowd of angry blood-thirsty protestors roamed the streets, hunting down turbaned men and their children; sprinkling them with kerosene or simply throwing burnt tyres around their necks.

getimage.aspx?regionguid=3e71abed-9bd4-4140-a699-e4a82eb56a26&scale=174&file=10872012042900000000001001&regionKey=j7tZwoCoXyelhUZ4Z7j0jw%3d%3dSONU MEHTA/ HT

That time, from late-evening of October 31 to November 3 in 1984, a daughter saw her father being set on fire, a wife looked on helplessly as her husband and son were dragged by lumpens and bludgeoned to death with iron rods and a brother lost three siblings. He identified them from the watch one was wearing and the other two, from their half-burnt clothes.

Daughter Nirpreet Kaur, wife Jagdish Kaur and brother Jagsher Singh have lived a wretched life in the pursuit of justice, perhaps because they had seen a powerful Congressman and Member of Parliament of the area, Sajjan Kumar, exhort the mob and order the killing of Sikhs in the Raj Nagar locality, in Delhi Cantonment. For 27 of the 28 years, each of the three have variously approached the police and the many commissions of inquiry ( see box) to give a first-hand, ‘I witnessed the carnage’ account, but it stayed buried in affidavit after affidavit.

For them, revisiting 1984 is always a painful memory; the denial of justice a second stab in the heart. They had seen Sajjan Kumar, and heard him, saying, “Ek bhi sardar zinda nahi bachna chahiye… en sardaron ko maro, enhone hamari maa ko mara hai,” but till June last year, no court of law had ever heard their testimonies. Says HS Phoolka, their lawyer, “Whenever it came to the commissions of inquiry, Sajjan Kumar’s name appeared prominently, but whenever it went to the police, his name disappeared.”

If today, the noose is tightening around Sajjan Kumar’s neck, it is because the CBI, and not the police, is the investigating and prosecuting agency. If today, public prosecutor RS Cheema, has, in his concluding remarks in the sessions court, said that the riots were a conspiracy of terrifying proportions that indict the police, it is because the men in uniform sided with the rioters. The police’s daily diaries of that time are blank. Ironically, there are only two entries and they pertain to complaints against the Sikhs; of them assembling with kirpans.

Nobody knows the abysmal conduct of the police better than former police commissioner and governor, Ved Marwah. Soon after the riots, he was asked to inquire into the role of police officers and give a report in three months. He spent, day and night, examining a number of persons and seizing all records of the police stations, including the one at Delhi Cantt. That sent alarm bells ringing and because the daily diaries could not have been challenged. It was obvious that the men in uniform had vanished from their police stations

According to police rules, all movements of police officers are recorded minute by minute in the thana daily diary and the diaries were totally blank. Police officers, whose names figured prominently, filed a writ against the inquiry in the High Court, but when the court refused to stall the inquiry, Marwah received an order to stop the inquiry — and tear all his notes. In Raj Nagar, specifically, Jagdish saw the chowki in-charge applaud the mob and ask them, ‘ kitne murge bhun diye’ (how many Sikhs have you roasted). All this, while the bodies of her husband and son lay nearby.

The policemen had also colluded in Delhi Cantt, tagging over 30 deaths, including Nirpreet’s father, Nirmal Singh, into a single FIR. Sajjan Kumar’s name was never put in the list of the accused and the summons for Nirpreet, in yet another act of treachery, were sent to an address that never belonged to her ( see Page 1). Respite for Sajjan’s victims came only after the Nanavati Commission submitted its report in 2005 and concluded that there was ‘credible evidence’ against the Congressman. Affidavits filed by Jagsher and Jagdish finally counted for something. After tremendous pressure from the Opposition — for now too the government tried to exonerate him in their action taken report — Prime Minister Manmohan Singh relented after a stirring speech in Parliament.

“On behalf of our government, on behalf of the entire people of this country, I bow my head in shame,” he told the House, adding, “But, Sir, there are ebbs, there are tides in the affairs of the nation. The past is with us. We cannot rewrite the past. But as human beings, we have the will power, and we have the ability to write a better future for all of us.” The case against Kumar was entrusted to the CBI and perhaps, a better future had been scripted for Nirpreet, Jagdish and Jagsher.

But 2005 to 2012 is a long time. Each of the three claim they were under immense pressure to turn hostile — in return for land and money, but they held out. Nirpreet went through a vilification campaign — she was charged under TADA, the defense lawyers said but failed to add that she had been discharged in two cases and acquitted in one. The pressure was so acute and the frequency of threats so alarming, the victims had to apply for police protection; and couldn’t be from the Delhi police, whose men stood condemned for siding with the perpetrators. The CBI director wrote to the DGP Punjab and got them the gun-toting policemen who shadow them to court.

The eye witness accounts and the daily diaries form good evidence but the CBI has more — the testimony of a joint secretary in Delhi government’s home department, who told the court that the director of prosecution had signed off on a file, saying, the sanction to prosecute Kumar should not be granted. It finally was, by Delhi's lieutenant governor and the sessions court in Delhi framed charges against him — of murder, rioting with deadly weapons and promoting disharmony amongst communities. His lawyers contested the framing of charges but his revision petition was struck down both by the High Court and the apex court.

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Finally, hope peeps faintly through the legal and psychological debris. With a judgement due in a few months from now, it still might be time for history to write a better future. And give them a tomorrow.



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Dalit group black-flags Sonias efforts to woo Lingayats in Ktaka

TIMES NEWS NETWORK 

Tumkur (Karnataka): Congress president Sonia Gandhi on Saturday made an all-out effort to woo Karnatakas Lingayats community back to the party fold.She highlighted Lingayatism founder and 12th century saint-reformer Basavannas principles and ideals and said the UPA government was trying to give constitutional validity to the philosophy of these saint-reformers.
Sonias visit to Karnataka is part of the partys efforts to shore up sagging fortunes of the Congress which has been out of power in the state since 2006.The Congress hopes that her visit to the Siddaganga mutt would help create goodwill for it within the community that has distanced itself from the party since 1990.Lingayats account for Karnatakas 17% population.The community stood by the Congress till the early 80s.
Sonia said the Congress manifesto is a replica of Basavannas principles while participating in the Guruvandana programme organized to celebrate Siddaganga seer Sri Shivakumara Swamijis 105th birth anniversary.She had made similar comments at a Lingayats meet in Karnatakas Bagalkot district three years back.
Earlier,Siddaganga seer presented Sonia a handloom silk pink-and-black saree worth Rs 1 lakh and a Pashmina shawl worth Rs 15,000.
Workers of dalit outfit Madiga Dandora tried to disrupt Sonias speech.They waved black flags and raised slogans against the UPA government to protest its refusal to grant internal reservation for the community.


Pc0081800.jpg 
CHOKING DISSENT: Police detain a woman for showing a black flag to Sonia Gandhi



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Fiscal Deficit Only Big Concern This Yr: Montek 

Says is bullish about India growth hitting 8-9 % in long run 

SUDESHNA SEN LONDON 

There is no need for any further macroeconomic adjustment in the current financial year,beyond reducing the deficit to 5.1%,Planning Commission deputy chairman Montek Singh Ahluwalia said in London,mounting a dignified defence of Indias growth and fiscal prospects in the aftermath of the S&P downgrade.The finance ministry has already said in the budget that we intend to reduce the deficit to 5.1%,and in my view there is no need for further adjustments this financial year to keep Indias macroeconomics in balance, he said,adding that he expected Indias growth rate this year to hover around 7 to 7.5%.In the long run,I am bullish about India,growth rates should be 8 to 9 %.The thing about long term planning is we have to ensure that manage our macroeconomic balance in the meanwhile so as not to harm long term growth potential, he said.S&P on Wednesday downgraded Indias rating from stable to negative,citing a high debt burden,slowing fiscal reforms,and diminishing growth prospects.Mr Ahluwalia pointed out that growth in India is slowing down,but growth in the rest of the world is also slowing down,dismissing fears that the downgrade will affect Indias ability to raise funds from overseas investors,or that the global economic downturn will put a spanner in Indias infrastructure development plans.The big news is in Asia,in India and China.I expect people will do their sums and put the money where the growth is, he said.He also clarified that the move by the BRICS nation at the BRICS summit to set up a separate World Bank type entity came from a longstanding desire among the emerging nations to increase the capitalisation of MNC development banks,a move opposed by developed countries,and it is likely to be an infrastructure focused bank.He pointed out that the capital base in these banks is lower than it was 10 years ago.Earlier there was this perception that these banks like World Bank and ADB dont need more capital because financial markets would fill the gap. After the 2008 banking crises,since developed nations are still unwilling to expand the capital of global development banks,the BRICs plan to set up a new one.


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Get Rid of Old Wheat 

Three-year-old wheat should be auctioned to traders who can export or blend it with the new crop 

TEJINDER NARANG 

Government lifted five-year-old prohibition on private wheat exports in September 2011.Merely 0.6 million tonnes (mt) of wheat has been shipped till April 2012 averaging 0.1 mt per month due to poor price parity internationally while nonbasmati rice exports have crossed more than 4 mt during the period.Total production of wheat this year is 93 mt against annual consumption of 80 mt including seeding for next year.By July,government agencies would have stocked in and out 50 mt wheat and private sector will have a floating pool of 60 mt.Local prices are.1,000 per tonne below minimum support price (MSP) and may further decline as Uttar Pradesh,Rajasthan and Madhya Pradesh are stuffed with huge tradable surplus.Currently,Indian fob quotes are $266-272 per tonne that compare well with current prices overseas.International Grain Council (IGC) is forecasting fall in world wheat output by 19 mt (676 mt versus 695 mt last year) due to weather problems in EU,injecting firmness in the market.More rupee depreciation is foreseen (with S&Ps negative outlook) that shall aid sustainability for exports.Monsoon is expected to be normal.Major competition for Indian wheat will come from Russia,Kazakhstan and Ukraine that collectively produce around 100 mt per annum.Black Sea crop,scheduled to arrive in July 2012,is now offered at $250 fob per tonne.The three countries are aiming at a total of 36 mt shipments.Chicago Board of Trade (CBoT) has notified commencement of trading of Black Sea wheat in their future exchange from June 6,2012.This will enable fair amount of directional price transparency and guidance to Indian traders.How can price aggression of Black Sea wheat be met to accelerate rate of export growth That recipe needs publicprivate partnership policy.Some thoughts: Food Corporation of India (FCI) will be compelled to offload massive stocks in the open market or through public distribution schemes (PDS) schemes to create space for coming kharif crop of paddy/ rice from October-November 2012.This scenario is indicative of super-surplus availability of wheat domestically,bearishness and enhancing export competitiveness.Exporters can intelligently position themselves.There is a significant tonnage of old vintage wheat with government agencies that may not be fit for human consumption due to poor or lack of warehousing,covered and plinth (CAP) storage or open yards.Its distribution to human beings is disease-prone.Stocks beyond three years old (2009-10 and earlier ) can readily be classified as feed wheat.These lots of may be identified and disposed of domestically in a tendered auction promptly.Trade can consume it locally/export them as feed wheat or blend them with new crop and price them appropriately to match competition.Black Sea exports are generally a blend of milling and feed wheat.About 25-30 % world wheat trade of 140 mt is of feed wheat for livestock.Feed wheat fetches about $25 per tonne less than milling quality.During 2002-04,FCI named damaged grain as lustre-loss wheat and facilitated disposal of 6mt: 4 mt via export and 2 mt internally.Lustre-loss was priced at.3,950 per tonne against milling wheat at.4,500 per tonne,to ensure rapid disposal.The carrying cost for these damaged or unpalatable grain itself is.3,100 per tonne or more and are a burden on the exchequer.Four benefits clearing the space occupied,stimulating exports,revenue generation and mitigation of national loss shall accrue by this single decision.Why let damaged grain continue as a drain on economy indefinitely Any subsidisation or tax rebates,even if thought of,may be WTO noncompliant and politically-inconvenient.About 4-5 mt wheat export this year to south-east and west Asia can be strategised by a combination of these factors where it finds ready acceptability,coupled with freight advantage.Irans anticipated demand of 2-3 mt due to their lower output this year can be activated only after contentious issue of karnal bunt is mutually resolved.This quarantine matter requires quick resolution.Rajasthan and Madhya Pradesh have started gifting bonuses over MSP,buttressed by physical procurement.Next year,Bihar may follow suit.Wheat production is growing and proving to be more rewarding.National Food Security Bill may not be operationalised this year and stocking of damaged grains cannot be extended indefinitely.Policymakers need to prioritise action on this front.Better late than never.


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State Budgets: View with a Hole 

The Centres move to change the treatment of capital grants will hurt outlook on state finances 

R K PATTNAIK 

The budgetary developments of states are critical to facilitate the process of economic growth and social-sector developments.In the Indian federal financial structure,transfer of resources from the central government mostly through share in central taxes and grants impact state budgets.Therefore,for a meaningful analysis of state budgets,the announcements relating to these areas and particularly on grants needs to be incorporated.Contextually,Budget 2012 has two important announcements : one,introduction of the concept of the effective revenue deficit (ERD) in the revised Fiscal Responsibility and Budget Management (FRBM) Act.Two,a proposal to move Public Debt Management Agency (PDMA) Bill,2012,in the Budget session.The RBI is the only source of analysis and data dissemination on consolidated position of state finances.The latest such study was published by the central bank on March 31,2012.Given the important position the RBI has as the banker,debt manager and fiscal adviser of the state governments,coupled with the benefit of discussions in the state finance secretaries meetings,the issues of ERD and PDMA Bill that were in public domain for a nearly for year or so,it was expected that the RBI study would unfold implications of these issues.But these remained as missing perspectives in state finance analysis.

ERD: STATE FISCAL CONSOLIDATION 


Budget 2012 has proposed to give statutory recognition to this concept in the amended FRBM Act.ERD is the difference between revenue deficit and grants to states for creation of capital assets.Grants to states for capital assets are under state plan and central plan schemes as well as centrallysponsored schemes.But it needs conceptual clarification.Since these are earmarked grants for capital creation at the state level,resources transferred under these heads should not be used as common pool non-tax revenue.Therefore,revenue accounts of the state governments need to be adjusted to these grants,ensuring the mirror image of federal transfers.For example,during 2011-12,capital grants to states from Centre were to the tune of 1.5% of GDP.To the extent,these are purposespecific grants,the revenue account adjusted to capital grants for state governments would be in deficit to the tune of broadly 1.5% of GDP in marked contrast to a surplus conventionally calculated currently.

PUBLIC DEBT MANAGEMENT 


From the limited public discussion on this issue,it appears that the Bill will include only central government.The state governments marketable debt will be managed by RBI.There is considerable moral hazard for RBI to manage debt for sub-national government when the national debt is managed by another agency.

FINANCING OF FISCAL DEFICIT 


It is important to recognise that the financing of fiscal deficit is equally important as the magnitude of fiscal deficit.However,there is scant discussion on this aspect.Market borrowing has emerged as the major item of financing fiscal deficit of states.The amount of market borrowing is broadly guided by Article 293 of the Constitution.However,no attention so far has been paid to the principle of allocation of market borrowing to each state.To a large extent,the allocation is arbitrary and non-transparent.It is important that the allocation of state-wise market borrowing should be formula-based as this has implication for debt sustainability.Another component of financing of fiscal deficit is securities issued against small savings.Recently,there has been a decline in this item.The decision to rise the rate has not been successful in mobilising funds.In addition,continuous loss incurred by the National Small Saving Fund (NSSF) questions the viability of this item.The cash surplus by the state governments with RBI as a banker works as buffer to financing fiscal deficit.Evidence,however,suggests that these surpluses are mainly on account of non-spending or overborrowing by state governments.Moreover,such surplus of states create problems for central government cash management as these are invested by default in 14-day intermediate treasury bills or by option in other treasury bills as non-competitive bid.It is reported that in 2011-12,such non-competitive bids were significantly higher in case of 91-day treasury bills,putting pressure on short-term borrowing by the central government.

FISCAL MARKSMANSHIP 


In common parlance,fiscal marksmanship refers to the extent of deviation in the budget accounting process when the budget estimates are translated to revised estimates over a period of one year,and further to accounts over a period of another one year.Thus,it takes two years for budget estimates to qualify as actual or audited accounts figure.Evidence suggests that random component of deviation is low and systematic errors are very large due to lack of forecasting ability of the budgeter.In recent years,lack of coordination between the central and state governments has resulted in large deviations.For example,for 2009-10,the grants from Centre were overestimated by 72% in the revised estimates.This has implication for revenue and fiscal deficit and resulting in overborrowing by the states and,ultimately,on the debt management having adverse market implications.We expect that the RBI would consider discussing the issues in its forum of state finance secretaries meeting where representatives from Planning Commission and central government also participate.Accordingly,in the next study on state budget,the RBI will come out with the perspectives on these issues some time in September.(The author is professor and dean at the Institute of Management Technology)

Pc0090800.jpg 

 


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Right to food stayed 29_04_2012_109_016



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Sonia 20120429a_001101010Sonia 29_04_2012_009_013sonia protest20120429aD005100006Sonia in Karnaaka 20120429a_001107007sonia in kar 29_04_2012_007_040



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SC- Promotion 29_04_2012_004_004 Resevation 29_04_2012_007_041 promotion 29_04_2012_003_063 Resevation 29_04_2012_007_041sc 20120429a_011101003



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வரிச் சலுகையால் வருவாய் இழப்பு அதிகரிப்பு: எஸ்.குருமூர்த்தி
 
First Published : 29 Apr 2012 10:49:28 AM IST

 

Last Updated : 29 Apr 2012 10:53:21 AM IST
 

வேலூர், ஏப்.29: ஆண்டுதோறும் அதிகரிக்கும் வரிச்சலுகையால் நாடு வருவாய் இழப்பைச் சந்தித்து வருகிறது என்று பத்திரிகையாளர் எஸ். குருமூர்த்தி கூறினார்.

 

விஐடியில் 2012-13-ம் ஆண்டு மத்திய பட்ஜெட் விவாதம் சனிக்கிழமை நடைபெற்றது. இதில் நடுவராகப் பொறுப்பேற்று நடத்திய பத்திரிகையாளர் எஸ்.குருமூர்த்தி பேசியது:

 

இன்றைக்கு பொருள்களின் உற்பத்தி அதிகரித்தாலும் கூட, அவற்றின் விலை உயர்ந்து வருகிறது. இதற்கு நிதி சார்ந்த பொருளாதாரம் காரணமாக அமைந்துவிட்டது. பிரதமர் உள்ளிட்ட 5 குடும்பங்களைச் சேர்ந்தவர்களின் பாதுகாப்புக்கு மட்டும் ரூ.370 கோடி செலவிடும் நிலை உள்ளது.

 

கருப்பு பணம் பட்ஜெட்டை வரவு, செலவுகளை மாற்றிவிடும் தன்மையைப் பெற்றுள்ளது. பெட்ரோலியப் பொருள்களின் விலை உயர்வும் கூட பட்ஜெட் எதிர்பார்ப்புகளை மாற்றக் கூடியதாக அமைந்து விட்டன. 1986-ல் இந்தியாவின் கருப்பு பணம் ரூ.300 பில்லியன் டாலர் சுவிஸ் வங்கியில் இருந்தது. கருப்பு பணத்தை அமெரிக்கா ஊக்குவித்து வருகிறது. அமெரிக்கா உலகின் சேமிப்பில் 70 சதவீதத்தை கடனாகப் பெற்றுள்ளது. இதில் கருப்பு பணம் பெரும் பங்கு வகிக்கிறது.

 

நாட்டின் வருவாய்க்கு பங்குச் சந்தை, மியூட்சுவல் ஃபண்டு உள்ளிட்ட வருவாய்க்கு வரி விதிக்க வேண்டும். இந்த வரி விதிப்பை இப்போது செய்தால்தான் உண்டு. 10 ஆண்டுகள் கழித்து இந்த முயற்சியைச் செய்தால், அதில் வெற்றி காண முடியாது.

 

2006-07-ல் மத்திய அரசு ஒருசில சலுகைகளை அளித்ததன் காரணமாக 2 லட்சத்து 37 ஆயிரம் கோடி ரூபாய் வருவாய் இழந்தோம். இந்த வரிச் சலுகை 2012-ல் 5 லட்சத்து 72 ஆயிரம் கோடியாக உயர்ந்துள்ளது.

 

வரி விதிக்காமல் போவதால் ஏற்படும் வருவாய் இழப்பு, வரி விதிப்பால் வரும் வருவாயைக் காட்டிலும் அதிகரித்து வருகிறது. நாட்டில் லாபம் அதிகம் சம்பாதிக்கும் நிறுவனங்கள் வரியைக் குறைத்து கட்டும் வகையில் நடைமுறை வரிவிதிப்பு அமைந்துள்ளது. நாட்டில் உள்ள அரசியல் கட்சிகள், ஊடகங்கள் மத்திய பட்ஜெட்டை முழுமையாகப் படித்துப் பார்ப்பதில்லை. அவை நிதி அமைச்சரின் பேச்சை மட்டுமே எடுத்துக் கொள்கின்றன. நாட்டில் உள்ள அரசியல் கட்சிகள் மத்திய பட்ஜெட்டை முழுமையாகப் படித்து, அது பற்றிய ஆவணம் ஒன்றை வெளியிட வேண்டும் என்றார் குருமூர்த்தி.

 

இரா. செழியன்

 

விவாதத்தில் சிறப்புரையாற்றிய மக்களவை முன்னாள் உறுப்பினர் இரா. செழியன் பேசியது:

 

கல்வி வளர்ச்சிக்கு மத்திய பட்ஜெட்டில் மொத்த வருவாயில் 6 சதவீதத்தை கல்விக்காக ஒதுக்கீடு செய்தாக வேண்டும். 1966-ல் கோத்தாரி கமிஷன் அளித்த பரிந்துரை அப்போது ஏற்கப்பட்டது. ஆனால் அதை நடைமுறைப்படுத்தவில்லை.

 

2004-ல் அமைந்த ஐக்கிய முற்போக்கு கூட்டணி அரசு தனது குறைந்தபட்ச திட்ட தேர்தல் அறிக்கையில் கல்விக்கு 6 சதவீதம் ஒதுக்கீடு செய்யப்படும் என வாக்குறுதி அளித்தது. ஆனால் அப்போதும் நடைமுறைப்படுத்தப்படவில்லை.

 

சென்ற ஆண்டில்தான் கல்விக்கான ஒதுக்கீட்டை 2.6 சதவீதத்தில் இருந்து 3 சதவீதமாக மத்திய அரசு உயர்த்தியது என்றார் இரா.செழியன்.

 

டி.கே.ரங்கராஜன்

 

கார்பொரேட் நிறுவனங்கள் தேர்தலுக்காக அரசியல் கட்சிகளுக்கு பணம் அளிக்கின்றன. இதைத் தடுக்க தேர்தல் ஆணையம் நடவடிக்கை எடுக்க வேண்டும். உலகமயமாக்கல் போட்டியை அதிகரித்தாலும், மக்களின் வாங்கும் சக்தியை குறைத்துள்ளது என்று மார்க்சிஸ்ட் கம்யூனிஸ்ட் கட்சியின் மத்திய கமிட்டி உறுப்பினர் டி.கே.ரங்கராஜன் பேசினார்.

 

வேலூர் மக்களவை உறுப்பினர் எம்.அப்துல் ரஹ்மான், இந்திய கம்யூனிஸ்ட் கட்சி தேசிய கவுன்சில் உறுப்பினர் ஸ்டாலின் குணசேகரன், முன்னாள் எம்எல்ஏ சி.ஞானசேகரன் உள்ளிட்டோர் விவாதத்தில் பங்கேற்றனர். விஐடி வேந்தர் ஜி.விசுவநாதன் தலைமை வகித்தார்.


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No irregularity in allotment of plots,says PMs adviser 

New Delhi: With a media report suggesting that two plots were allotted to his niece and a friend in Bangalore in an irregular manner,the Prime Ministers adviser T K A Nair on Sunday insisted that no irregularity or illegality was involved in it to the best of my knowledge.
Nair said he had sought all the relevant facts in this matter even as he dismissed as absolutely baseless any linkage to the Tatra truck deal.
My attention has been drawn to media reports about the alleged irregular allotment of residential plots of the Housing Cooperative Society of BEML to my relatives and family friends.To the best of my knowledge no irregularity or illegality was involved in the allotments, Nair said in a statement here.
I have requested the PMO to obtain all the relevant facts of this matter through the department of defence production, he said.
The statement came in the wake of a media report which suggested that the plots were allotted to Nairs niece A Preethy Prabha and family friend Uma Devi Nambiar at throwaway prices in BEML society in South Bangalore in 2008.
The media report said the allotments were made at a time when complaints about the role of BEML chairman and managing director V R S Natarajan in controversial Tatra truck deal were pending with the Prime Ministers Office besides the Central Vigilance Commission and ministry of defence.
Responding to this,Nair said,The insinuation linking these allotments with the Tatra deal is absolutely baseless.PTI 



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  • 30 Apr 2012
  • Hindustan Times (Delhi)
  • The views expressed by the author are personal

Comment Held hostage Hurting our heritage by ad hocism

With Maoists on the rampage, we need a coordinated and inclusive response The CAG’S report on India’s cultural institutions proves beyond doubt that our heritage is not safe with State-funded agencies, writes NAYANJOT LAHIRI

Usually, one hears of the office of the Comptroller and Auditor General of India (CAG) when it audits ministry programmes where the money value is huge, going into thousands of crores of rupees. Less known is the work it has done with regard to cultural institutions funded by the Union government. Such institutions with their meagre budgets stand nowhere in competition with flagship schemes with R40,000 crore a year. However, the CAG’S findings there are as serious and reveal that for all the talk about our ‘great’ heritage, its institutional guardians cannot be described as working for the national good. In the light of what they reveal, it is best to let the reports speak for themselves.

Let me begin with the findings relating to three institutions in Kolkata — the Indian Museum, Victoria Memorial Hall and The Asiatic Society. Considering their long institutional histories, one imagines that there would be uniform benchmarks for acquisition and valuation of art objects, manuscripts etc. On the contrary, as the CAG reports reveal, they appeared to have had no policy by which such objects were either acquired or conserved.

Funds for acquisition remained largely unutilised between 1999 and 2004 and where objects were acquired, there were no norms for ascertaining their value. For example, the Purchase Committee of the Indian Museum recommended that two carved pieces of African ivory and a set of chess pieces be acquired merely on a statement made “by the individual seller that these artefacts were collected from African countries by her mother-in-law. The antiquity of the artefacts was not established” nor was there anything which could convince the CAG team that the artefacts deserved a place among the museum objects. In much the same way, as far as conservation and restoration work goes, there was no system in any of the institutions to identify damage to objects and to prioritise their conservation. In one instance, the restoration of a batch of oil paintings in The Asiatic Society remained incomplete even after a span of some 18 years.

The state of accessioning of objects is even more revealing. Less than 50% of the collection of The Asiatic Society, for instance, was found to be accessioned in 2004. The state of the Indian Museum was far worse. While in the art and anthropology sections, 88.38% to 84.45% of the objects respectively were not accessioned, in the archaeology section, the number of objects accessioned was more than the number of objects possessed by the museum!

The CAG report (2010-11) on the National Library in Kolkata, is also an eye-opener. During 2003-09, the physical certification of the collection had only been done in two of the 39 divisions and revealed that more than 5% of the 70,000 books in the Old English Division were ‘missing’. Moreover, readers did not seem to be the library’s priority. Some 77% of the books ‘sat’ for over a year from the date of accessioning before being displayed. The test check done by the audit team in 2007 on requisition slips of readers is even more indicting. All the requisitions which had been refused in a day on the grounds that the concerned books were not available, were collected. However, the very next morning, audit conducted physical verification of those books and found that 40% daily requisitions, which the library staff had declared “not found” were there in the stack in their allotted place. The one difference, though, was that the management of the library did initiate remedial measures in response to the audit observations.

This institutional malaise exists in the National Museum as well where, apparently, one-third of its 22 galleries were closed, some like the Manuscript Gallery for as long as eight years. The Art Purchase Committee of the Museum has been defunct for many years and an enquiry in 2010-11 showed that the last purchase of art objects was done in 1997. Then, there are major safety issues in India’s premier museum. The alarm system and the CCTV in the Coin Gallery was not working from 2007 till 2011 even while regular maintenance charges were being paid for them. Not surprisingly, there had been 156 cases of theft/loss of art objects with 122 in the Anthropology Department and 33 relating to coins. One wonders whether the devastating findings that the National Museum inspection revealed, are being addressed. More than a year ago, I had suggested that the most fitting way to honour the Archaeological Survey of India, in what it believes to be the 150th year of its existence, was to appoint an independent assessor to scrutinise the problems faced by it. Unknown to me, the CAG was planning a performance audit of the ASI which has now begun. One hopes that the outcome should be a specific, time-bound roadmap to rejuvenate an organisation whose responsibility is to preserve and protect one essential dimension of our cultural heritage.

As it is, what the CAG has revealed about the mismanagement of cultural institutions makes one seethe while reading its reports. But beyond feeling outraged, whereas earlier one assumed that institutions under state control meant that they were in relatively safe hands, now one is absolutely sure that this is a false assumption. Nayanjot Lahiri is Professor at the Department of

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History, University of Delhi



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  • 30 Apr 2012
  • Hindustan Times (Delhi)
  • Vikas Pathak vikas.pathak@hindustantimes.com

Ex-official’s googly on Sachin: There is no sports quota

NEW DELHI: In the context of the government nominating cricket icon Sachin Tendulkar to the Rajya Sabha, former secretary general of the Lok Sabha and legal luminary Subhash Kashyap said on Sunday that sports was not a category mentioned in the Constitution under which a nomination to the Upper House could be made.

He added the government should clarify under which category Tendulkar's nomination has been made.

“Sports are not mentioned in the constitution as a category under which a person can be nominated as Rajya Sabha MP. The nominations can be made under the categories art, literature, science and social service,” Kashyap told Hindustan Times. “The government should tell us under what category he has been nominated.”

Article 80 of the constitution, which says the government can nominate 12 persons to the Rajya Sabha apart from 238 elected members, reads, “The members to be nominated by the President… shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art and social service.”

A perusal of the list of nominated members does throw up one name related to sports. Wrestler Dara Singh was the 100th nominee to the Rajya Sabha in 2003, but he was described as “sportsperson and artiste”.

“Dara Singh is an artiste, as he acted in films and serials. But there is none till now who is just a sportsperson,” said an Opposition Rajya Sabha MP not wanting to be named.

Specifically asked whether he saw Tendulkar's nomination as unconstitutional, Kashyap said, “I am not saying this. These are matters of interpretation. Someone may argue that since cricket as a sport entertains millions in India, it is a kind of social service. That's why the government should clarify its position.”

Kashyap's intervention is the latest among a series of reactions to the nomination of Tendulkar to the House of Elders. Politically, some saw it as a Congress masterstroke to gain the legitimacy associated with him.

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Shiv Sena's Uddhav Thackeray sarcastically said it was a matter between the Congress and Tendulkar. Team Anna was also not convinced.



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BEML flouted allotment norms 

Prashanth G N TNN 

Bangalore: The Bharat Earth Movers Ltd management had contended that there was nothing illegal in the allotment of sites by its workers cooperative to individuals close to top PMO official TKA Nair and other brass of the PSU because it was done under the discretionary quota.But TOIs investigation reveal this to be a flimsy defence.
BEML workers cooperative society sought to include the discretionary quota in its byelaws in 2006,but many illegal allotments were made earlier.Besides,the society resolution,which was later rejected by the joint registrar of cooperative societies,clearly said the 3% discretionary quota in allotment of sites was only for future layouts.
The state government,however,issued a notification legalizing 5% discretionary quota in allotment of sites in housing cooperative society layouts in 2008.The matter of discretionary quota is pending in the Karnataka high court as it has been challenged by former MLA Mahima Patel through a PIL.
A lawyer who was part of the PIL work said the HC would hear the matter extensively after vacation.The legal status of the discretionary quota is not yet clear because the case is pending.It can be deemed that anyone who has got a site under the quota has got it in contravention of the law, he said.
TOI first broke the story that top BEML officials and those close to TKA Nair were illegally allotted sites at throwaway prices by the society.The illegal beneficiaries included A Preethy Prabha and Uma Devi Nambiar,niece and family friend respectively,of TKA Nair,adviser to Prime Minister Manmohan Singh,and BEMLs beleageured CMD,VRS Natarajan.
Legal experts familiar with the BEML issue and discretionary quota in cooperative societies told TOI that the discretionary quota has been under question for the past six years which in itself makes any allotment of site under such quota invalid.


Pc0111700.jpg 
PLOT THICKENS: T K A Nair 



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பிரதமரின் ஆலோசகர் டி.கே.நாயரின் விதிமுறை மீறி வீட்டு மனை

 
TKA Nair
 
 
பெங்களூர்: பாரத் எர்த் மூவர்ஸ் லிமிடெட் எனப்படும் பி.இ.எம்.எல். நிறுவன ஊழியர்களுக்கான வீட்டு மனை ஒதுக்கீட்டில் பிரதமரின் ஆலோசகர் டி.கே.நாயரின் உறவினருக்கும் குடும்ப நண்பருக்கும் விதிமுறைகளை மீறி வீட்டு மனை ஒதுக்கப்பட்டுள்ளது. ஆனால் அப்படியெல்லாம் ஒன்றும் நடக்கவில்லையே என்று நாயர் மழுப்பலாக விளக்கமளித்துள்ளார்.
பி.இ.எம்.எல். என்றும் பெமல் என்றும் அழைக்கப்படும் அரசுத்துறை நிறுவன ஊழியர்களுக்காக ஏற்படுத்தப்பட்ட வீட்டுவசதி கூட்டுறவுச் சங்கம் பெங்களூரில் 2008-ல் விற்ற வீட்டு மனைகளில் டி.கே.ஏ. நாயரின் சகோதரி மகள் ஏ. பிரீத்தி பிரபா, குடும்ப நண்பர் உமாதேவி நம்பியார் ஆகியோருக்கு விற்கப்பட்டன.
இந்த மனைகள் பெமலில் வேலை செய்வோருக்காக மட்டுமே ஒதுக்கப்பட்டன. ஆனால் நிறுவனத்தின் ஊழியர்கள் அல்லாத 2 பெண்களுக்கு குறைந்த விலையில் மனை ஒதுக்கப்பட்டுள்ளது. மேலும் மூன்றாவதாக ஒரு மனையும் வெளியாருக்கு விற்கப்பட்டது, அவரும் நாயரின் உறவினர் என்று பெமல் ஊழியர் பெரியசாமி புகார் செய்திருந்தார்.
இதைத் தொடர்ந்து வீட்டு மனைகளை சர்ச்சைக்குரிய இருவரும் ஒப்படைத்தனர். மூன்றாம் நபர் ஒப்படைக்கவில்லை. இந்த வீட்டு மனை விவகாரத்துக்கும் ராணுவத்துக்கு தாத்ரா வாகனங்களைக் கொள்முதல் செய்ததற்கும் ஒரு தொடர்பிருப்பதாகவும் கூறப்படுகிறது.
அதாவது பி.இ.எம்.எல். தலைவராக உள்ள நடராஜன், தமது தாத்ரா ஊழலைக் கண்டுகொள்ளாமல் இருக்கவே பிரதமர் ஆலோசகர் நாயரின் உறவினர்களுக்கு வீட்டு மனைகளை லஞ்சமாக ஒதுக்கீடு செய்தார் என்பதுதான் பெரியசாமி போன்றோரின் புகார். ஆனால் நடராஜன் இதனை திட்டவட்டமாக மறுத்துள்ளார்.
ஆனால் நாயரின் தொடர்பு இதில் தெளிவாக இருப்பதாக பாஜக குற்றம் சாட்டியுள்ளது. அதேசமயம், இதுகுறித்து எந்த விவரமும் தங்களுக்குத் தெரியாது என்று காங்கிரஸ் கூறியுள்ளது. அக்கட்சியின் செய்தித் தொடர்பாளர் ரஷீத் அல்வி கூறுகையில், எனக்கு இதுகுறித்து ஒன்றும் தெரியாது. விவரம் தெரிந்த பிறகே கருத்துக் கூற முடியும் என்றார்


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President took up to 11 kin on 18 official trips 

Himanshi Dhawan TNN 

New Delhi: President Pratibha Patil travelling to Seychelles and South Africa with two grandchildren is hardly an exception.RTI records show that Patil has been accompanied by at least three to as many as 11 family members on 14 domestic trips and four foreign trips within a year.
Between January 2009 and September 2010,Patil was accompanied on state visits by her husband Devisingh Shekhawat,son Rajendrasingh Shekhawat,daughter-in-law Manjari Shekhawat,daughter Jyoti Rathore,son-in-law Jayesh Rathore and her grandchildren besides other relatives and friends who were treated as presidential guests.
Details of travel accessed by activist S C Agrawal through RTI show that the President travelled to West Bengal and Odisha between December 6-10,2009 accompanied by her husband and relatives.This was followed by a trip to Mumbai,Lakshadweep and Kerala between December 23-28,2009 where she was accompanied by 10 relatives including her children,their spouses and grandchildren.
In her travel to countries like Poland,Spain,Russia,Tajikistan,the UK,Cyprus and China between April 2009 and May 2010,the President was accompanied by at least two relatives including her grandchildren on each trip.
Incidentally,the disclosure came on a day when the government tried to downplay the controversy.Its a normal diplomatic practice that visiting dignitaries occasionally take members of his/her family on visiting trips.Hospitality for such visiting dignitaries in such cases is usually provided by the host government, MEA spokesperson Syed Akbaruddin said when asked if it was usual for the President to travel with her grandchildren.
Citing several examples of visiting heads of states travelling with their family members,he said it included the recent visit by Pakistani president Asif Ali Zardari,who was accompanied by his son,and former US president Bill Clinton,who travelled with his daughter Chelsea on a visit here.It is a normal and conventional diplomatic practice that visiting dignitaries take those they are comfortable in terms of members of the family.Let us end this discussion because there are enough examples, Akbaruddin said.
However,the governments argument does not hold in Patils case since she is a ceremonial head of the government rather than a political one.
The Presidents travel expenses of Rs 205 crore had raised eyebrows with political watchers questioning the necessity for large entourages and frequent travel.During her tenure,Patil has undertaken 12 foreign trips,covering 22 countries across four continents and spending 79 days abroad.

FAMILY AFFAIR 


RTI records show President Patil has been accompanied by at least three to 11 family members in 14 domestic trips and four foreign trips in a year Between Jan 2009 and Sept 2010,Patil was accompanied on state visits by her husband,son,daughter-in-law,daughter,sonin-law and grandchildren besides other relatives who were treated as presidential guests In her travel to Poland,Spain,Russia,Tajikistan,the UK,Cyprus and China between April 2009 and May 2010,she was accompanied by two relatives,including her grandchildren,on each trip In her tenure,Patil has gone on 12 foreign trips,covering 22 countries.RTI replies show AI spent Rs 169cr on her visits.Over Rs 36 cr spent on accommodation and miscellaneous expenses


Pc0121900.jpg 



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  • 3 May 2012
  • Hindustan Times (Delhi)
  • HT Correspondent letters@hindustantimes.com

After Pawar prod, govt frees sugar and onion export

 

PEACEMAKER After meeting with the PM, food ministry proposes export of state-held stocks to free up storage space

India on Wednesday lifted a slew of curbs on export of sugar and onion, food items that are considered “sensitive” because of their effects on household inflation, following a highlevel meet chaired by Prime Minister Manmohan Singh.

The reserved price at which onions can be exported stands quashed, which frees up the commodity for unrestricted exports. Millers will now be also able to export sugar freely under the open general licence. “We will review it once sugar exports reach a particular level,” food minister KV Thomas told HT.

Singh also set up a committee led by the head of the PM’S Economic Advisory Council C Rangarajan to review crucial proposals to offload government food stocks amid higher-thanexpected grains output this year, far beyond what India’s granaries can hold.

These include exporting grains held by the government, an open-market scheme and allocating 14.5 million tonnes of grains for the poor.

Food minister KV Thomas, agriculture minister Sharad Pawar, commerce minister Anand Sharma and finance minister Pranab Mukherjee participated in the brainstorm.

Pawar has been criticising two ministries — food and commerce — for limiting exports of items such as sugar, cotton and milk, arguing that this hurt farm incomes in a season of high international prices. Thomas, however, had so far advocated a more cautious export policy to avoid stoking food prices, as retail inflation touched 9.5% in March.

Sugar export is tricky. Allowing too much export could stoke domestic prices. On the other hand, millers rely on export of surplus stocks to keep businesses profitable and pay cane farmers. Payment arrears — currently R8,000 crore — typically cause farmers to shift from cane to other crops, resulting in a vicious alternating cycle of shortage and glut every four years or so.



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Advani must face conspiracy charges in Babri case: CBI to SC 

Wants Cases On LK Tried With Kar Sevaks 

Dhananjay Mahapatra TNN 

New Delhi: The CBI has told the Supreme Court it was not only against dropping of conspiracy charges against BJP leader L K Advani in the Babri Masjid demolition case but also wanted that he and other leaders should face trial along with the accused kar sevaks.
In the demolition incident,two FIRs were lodged.FIR No.197/92 was against kar sevaks who allegedly demolished the mosque while FIR No.198/92 had named Advani,Murli Manohar Joshi,Uma Bharti,Vinay Katiyar,Ashok Singhal,Giriraj Kishore,Vishnu Hari Dalmiya and Sadhvi Rithambara for giving provocative speeches to instigate kar sevaks to demolish the shrine.
The CBI in its recent affidavit said,It is not possible to separate some of the accused persons from 197/92 because they did not have a personal hand in the actual demolition of the disputed structure and be transposed as accused in 198/92. 
The agency added,It is incorrect to state that case crime no.197/ 92 and 198/92 are two different cases and facts and the place of occurrence are different.The investigations by CBI had disclosed that there was a single larger conspiracy to demolish the disputed structure on December 12,1992 and various accused so charged in the consolidated chargesheet in all the 49 cases played their own roles in achieving the object of the said criminal conspiracy. On Advanis role,the CBI said,Before the demolition started and during the course of demolition,various accused including the eight named in the FIR of crime no.198/92,made provocative slogans from the manch causing the assembly to turn unlawful resulting in rioting and storming of the structure by the kar sevaks. 

ADVANI & AYODHYA 




Dec 6,1992 | 


1715hrs - FIR against unknown kar sevaks.Ten minutes later,FIR against Advani and 7 others 

Dec 12 | 


CBI takes over investigation 

Oct 5,1993 | 


CBI files chargesheet in the two cases against 40 persons including Advani before Lucknow court 

Apr 27,1994 | 


Case committed to sessions court for trial 

Feb 12,2001 | 


Allahabad HC says case for framing conspiracy charge made out 

May 4,2001 | 


Lucknow judge drops proceedings against Advani,7 others;also against 13 others including Bal Thackeray and Kalyan Singh 

Sept 19,2003 | 


Special magistrate Rae Bareli discharges Advani but orders framing of charges against 7 others 

July 6,2005 | 


HC orders framing of charges against all 8 accused and Rae Bareli court framed charges 

May 20,2010 | 


HC dismisses CBI plea against separation of trial between two FIRs of 1992 as also dropping conspiracy charge against Advani 

2011 | 


CBI appeals against the HC order 

March 20,2012 | 


CBI files affidavit saying it is not possible to separate the trial in two FIRs


Pc0012100.jpg  BJP leaders celebrated domes demolition: CBI 


New Delhi: The CBI has told the apex court that it was against dropping of conspiracy charges against BJP leader L K Advani in the Babri Masjid demolition.
In its 30-page affidavit,the CBI said,As and when the domes fell,the accused leaders and others on the manch celebrated the same by clapping,hugging each other and distributed sweets on the mach which was at a visible distance of 175 metres from the disputed structure.
All the offences of shouting of provocative slogans creating enmity between two communities,affecting national integration as well as the demolition of the structure and assault on media persons not to create record of what was going on formed part of the same transaction and could not be separated from each other. It also quoted a February 12,2001 judgment of the Lucknow bench of Allahabad high court.
Through the affidavit,the CBI at one go challenged the HCs 2010 judgment putting its stamp of approval on dropping of conspiracy charges against Advani,separation of trial of the two FIRs and the dropping of charges altogether against Bal Thackeray and 12 others on the ground that they were not present in Ayodhya on December 6,1992.

 

 



-- Edited by Admin on Monday 7th of May 2012 05:52:17 AM

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Govt red-faced as Mamatas men vote against MCI Bill 

TIMES NEWS NETWORK 

New Delhi: UPA ally Trinamool Congress on Monday voted against a key bill in Lok Sabha that prompted an embarrassed government to immediately take it up with party chief and West Bengal chief minister Mamata Banerjee.Banerjee,however,had warned during her visit to Delhi that her party was not in favour of the Medical Council of India (MCI) amendment bill that the government was bringing.
The move is being seen as one of those pinpricks by the party that should be expected till the time the Centre decides to give in to Banerjees demand to bail out West Bengal from its debt burden.
Parliamentary affairs minister Pawan Bansal said,I have talked to Mamata Banerjee.She said she has not asked them to vote against the bill.She was not told that they were voting against the bill.She has said she will look into the matter. He said TMC members actually did not intend to vote against the bill but under some mistake it has been done by them.It was not the intention of any one of them.
However,while speaking to the media outside the Prime Ministers residence last week,Banerjee had said that she did not agree with the governments amendment bill.

Health ministry took bribes 


Health minister Ghulam Nabi Azad faced an embarrassment in Parliament on Monday when BJP MP Maneka Gandhi accused the health ministry of taking bribes to allow private colleges to function by the present board of governors of MCI.TNN


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மாவோயிஸ்டுகளை விட உள்துறை அமைச்சர் ப. சிதம்பரம் பயங்கரவாதி. அமைதி தூதுவர் அக்னிவேஷ்

Tuesday  08  May  2012  10:29:34 AM 

 

P.Chidhamram is also terrorist said Agniveshபழங்குடியின மக்களின் முன்னேற்றத்திற்கு அரசு எந்த உதவியையும் செய்யவில்லை என சமூக ஆர்வலரும் மாவோயிஸ்டுகளின் முன்னாள் அமைதித் தூதுவருமான சுவாமி அக்னிவேஷ் குற்றம் சாட்டினார். மேலும் உள்துறை அமைச்சர் ப.சிதம்பரம் ஜனநாயகத்தை கெடுப்பதில் முதன்மை வகிக்கிறார் எனவும் குற்றம் சாட்டினார்.
 
மாவோயிஸ்டுகள் தங்கள் கோரிக்கைகளை அமைதியாகவும் சட்டபூர்வமாகவும் தெரிவிக்க அரசு எந்த முயற்சியும் மேற்கொள்ளவில்லை என குற்றம் சாட்டிய அக்னிவேஷ், தற்போது மாவோயிஸ்டுகளால் ஏற்படும் கடத்தல் மற்றும் வன்முறை சம்பவங்கள் அனைத்தும் அவர்களின் பிரச்சனைகளை தீர்க்காததே காரணம் என்றும் தெரிவித்தார். மாவோயிஸ்டுகளை விடுவிக்காமலேயே பிணையாளிகளை மாவோயிஸ்டுகள் விடுதலை செய்தது குறித்து கேட்டதற்கு அது அவர்களின் பெருந்தன்மை என்று குறிப்பிட்டார்.
 
மாவோயிஸ்டுகளை காட்டிலும் உள்துறை அமைச்சர் ப. சிதம்பரம் பயங்கரவாதி என குற்றம் சாட்டிய அக்னிவேஷ், மாவோயிஸ்டு தலைவர் ஆசாத் கொலை செய்த விதம் குறித்து நினைவு கூர்ந்தார். மாவோயிஸ்டுகள் பிரச்சினைகளை குறித்தான உண்மைகளை நாட்டு மக்கள் அறிந்து கொள்ளும் வகையில் நாடு முழுவதும் சுற்று பயணம் மேற்கொள்ளவிருப்பதாக மேலும் தெரிவித்தார்


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Sonia Gandhi’s name may be incorporated in the 84 riots petition before US Court - Sikhs for Justice

 
Sonia Gandhi’s name may be incorporated in the 84 riots petition before US Court

JPJI Correspondent: May 12, 2012

Sonia_Gandhi_Cong.jpg

The Sikh Advocacy group Sikhs For Justice SFJ is seriously considering to amend its petition before the
US Court to incorporate Congress party chief Sonia Gandhi’s name to ensure legal validity of delivery of summons to the head of Congress – named in thepetition as the prime accused in the anti-Sikh riots of 1984.

This move on the part of SFJ was necessitated as Congress was taking the defence that a political party cannot be sued under Alien Tort Claims Act.

The Congress, which has been named in a case inNew Yorkfor its alleged role in the 1984 anti-Sikh riots inIndia, has challenged the jurisdiction of aUScourt to hear the matter filed against it by a Sikh advocacy group.

According to Jones Day attorneys, service of summons on the Congress party through Hague Convention is flawed because the party’s headquarters inNew Delhidid not receive the summons and complaint. They added that serving summons last year on Surinder Malhotra, president of the Indian National Overseas Congress (INOC) here, is inappropriate as the Congress has no relationship with INOC and Malhotra is not authorised to act on behalf of the party.

To this, SFJ’s lawyers said they have submitted evidence to the US court showing that summons and complaint was delivered in March, 2011, to the central authority in Delhi— established by the Indian government for receiving and serving judicial documents from foreign court as required by the Hague Service Convention of 1965. Under Article 15 of the Hague Convention on Service Abroad, which has been signed byIndiaandUnited States, service is
considered complete once copy of summons and complaint is delivered to the Central Authority.

They also presented evidence showing that after receipt and acknowledgement of summons in March 2011, the Congress had taken a series of legal actions to defend against the claims of human rights violations.
Sikhs for Justice, along with victims of the Sikh riots, had filed a complaint in March 2011 under Alien Tort Claims Act and Torture Victim Protection Act against the Congress for conspiring, aiding, abetting, organising and carrying out attacks on the Sikh population in November 1984.

On Wednesday, federal court Judge Robert Sweet heard oral arguments in the case filed by Sikhs For Justice (SFJ) on the issues of service, jurisdiction and the Congress’ failure to respond to the summons in the case. Sweet said the Congress has not filed any defence on the merits of the allegations of conspiring, aiding, abetting, organising and carrying out the attacks on Sikhs in November 1984. The party, however, has challenged theUScourt’s jurisdiction to hear the case of 1984 Sikh genocide.

Attorneys from the law firm Jones Day, representing the Congress, argued that under the Alien Tort Claims Act, a “corporation” cannot be sued for human rights violations by its members. Lawyers for the victims, on the other hand, argued that there is difference between the status of a “corporation” and “political organisation”.

http://jagopunjabjagoindia.com/sonia-gandhis-name-may-be-incorporated-in-the-84-riots-petition-before-us-court-5776


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SC decision to allow airing of Amar Singh tapes with VIPs - Subramanian Swamy

 

Listen to this article. Powered by Odiogo.com

Published on May 4, 2012 by DrSubramanianSwamy
Supreme Court delivers a blow to Amar singh. It lifts a gag order which now allows for the publication of controversial taped conversations between Singh and several VIPs. 

http://youtu.be/MuGGsckNDwE

[video=SC decision to allow airing of Amar Singh tapes with VIPs - Subramanian Swamy Published on May 4, 2012 by DrSubramanianSwamy Supreme Court delivers a blow to Amar singh. It lifts a gag order which now allows for the publication of controversial taped conversations between Singh and several VIPs.

http://youtu.be/MuGGsckNDwE]



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Merger caused AI mess: Jet staff 

Saurabh Sinha TNN 

New Delhi: Striking pilots of erstwhile Air India may be facing the wrath of the government and passengers but now there is an increasing call from the pilot community cutting across airlines for examining the woes of the Maharaja.Pilots of Indias largest airline,Jet Airways,have written to aviation minister Ajit Singh and squarely blamed the merger of AI and Indian Airlines for the current state of the national airline.Even the current arch rivals of striking Indian Pilots Guild (IPG),IAs Indian Commercial Pilots Association (ICPA) have written to the airline management against the latters decision to ask the DGCA to terminate licences of 11 AI pilots.
Jet Airways pilots association,Society for Welfare of Indian Pilots (SWIP),has written to Ajit Singh saying: the present state of affairs (in AI) is the result of an obviously failing merger of two distinct entities AI and IA... An aviation company can ill afford its pilots to be in a state of mental stress and anxiety which is a consequence of the failed merger of AI and IA... The merger has created massive trust deficit between section of employees and mangagement. SWIP has appealed for reinstatement of the 71 IPG members sacked so far and called for dialouge between IPG,ICPA and the management.Pilots of erstwhile IA also do not favour a harsh step like terminating licence of their AI counterparts.Our disagreement may be on several issues including the fact that a strike should not have been resorted to at the critical juncture that AI is in.But cancelling pilots' licence is very harsh and we do not support that. 

AI cancels 7 intl flights from Mum 


A ir India cancelled seven flights from Mumbai as the pilots strike entered the sixth day on Sunday.According to Chhatrapati Shivaji International Airport officials,flights to Newark,New York,London and Jeddah were among the ones cancelled on Sunday.The airline released a list of flights which stand cancelled in the next two days on its website.TNN

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Govt mustnt buy land for private parties: House panel 

TIMES NEWS NETWORK 

New Delhi: A parliamentary panel has recommended that government keep away from land purchase for private parties,contrary to the provision made in the pending land acquisition bill,striking at the heart of the Centres plan to facilitate acquisition for industry and townships with better compensation.
The standing committees blanket bar on acquisition for private bodies,including Public Private Partnership for projects defined as public purpose,strikes down the clause which explicitly allowed the state to step in to help the private sector.The bill tabled in Parliament in September provides for private parties to seek government help to buy a part of land marked for acquisition.
The bid to leave the private sector to fend for itself at a time when landowners are up in arms against the sale of land to corporates,sharply conflicts with the rural development ministrys vision of using the amendment to the 1894 bill to facilitate land acquisition.
Rural development minister Jairam Ramesh had said there was need for land for industrialization and the bill provided for a fair compensation.
Having made it its war cry for UP polls following the Bhatta Parsaul agitation,the panels report would test the government resolve to stay in the picture to help private parties who argue that bar on government role in acquisition for them would halt industrial growth.
Observers said Centres predicament is that while it could face political opposition from BJP if it dilutes the provision for private parties,it may end up facing a hostile civil society too.Besides ban on acquisitions for private sector,the panel has asked the Centre to tightly define public purpose a provision which justifies states power to take over land forcibly.It has opposed vast discretion to the executive by allowing acquisition for PPP projects for production of public goods or provision of public services.


Pc0081700.jpg 
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Inflation hits double digits 

TIMES NEWS NETWORK 

New Delhi: Spiralling prices of vegetables,oils and fats,milk and milk products pushed consumer price inflation to double digits in April in yet another hurdle to the RBIs efforts to ease interest rates.The double digit inflation also poses fresh challenges for the UPA government,which is on the back foot for its handling of the economy.
Data released by the Central Statistics Office on Friday showed annual inflation rate based on all-India general CPI (combined) for April on point-to-point basis (April 2012 over April 2011) at 10.36% compared with 9.38% for March.The inflation rates for rural and urban areas for April stood at 9.86% and 11.1% while the final inflation rates for rural and urban areas for March are 8.7% and 10.3% respectively.


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BOOST TO STATES PLAN 
Green nod for hospital at new secretariat complex 

Julie Mariappan TNN 

Chennai:The AIADMK governments move to convert a block of the new secretariat complex into a super-specialty hospital has received the much-awaited clearance from the State Environment Impact Assessment Authority (SEIAA),the apex body for environment clearances in the state.
The government is now likely to get legal sanction to go ahead with the remodification plans for the new assembly hall,built during the previous DMK regime at a cost of more than 500 crore.
The incomplete second block will be used for postgraduation education and research.
In its first sitting held on Wednesday,the SEIAA,led by chairman V Thangavelu,cleared the project.Earlier,the ninemember State Expert Appraisal Committee gave its nod on May 11 for the proposal to set up a 400-bed hospital in place of the new assembly hall.The complex,a pet project of former chief minister M Karunanidhi,had a grand opening in March 2010 when Prime Minister Manmohan Singh inaugurated it.


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Blocking sites could attract legal trouble 

Sandhya Soman TNN 

Chennai: The internet service providers (ISPs) who blocked video sharing sites might not be facing just outrage on the net.They could also get into legal trouble for blocking websites,instead of just removing links to copyrighted material,under the provisions of the Information Technology Act,2000,say cyber law experts.
Several ISPs,including Airtel and Reliance Communications,have blocked video sharing websites like Vimeo and DailyMotion.com.Torrent sites like Isohunt.com,thepiratebay.org,torrentz.eu and kat.ph were also inaccessible.Airtel said access has been blocked following a court order.
Chennai-based Copyright Labs said the ban was the result of two John Doe orders they had obtained from the Madras high court recently.The company said it approached the court on behalf of producers of Tamil movie 3 and Telugu film Dammu to take pre-emptive action against those who create pirated versions of their movies and upload them on the internet.
These orders were for preventing infringements under the Copyright Act.It is like shutting down a printing press anticipating that it might print material that will violate the copyright of another person, said Na Vijayashankar,a cyber law expert.I am not sure whether it is a reasonable remedy under the Copyright Act because infringement has not occurred, he said.
Also,the implementation of the order clashed with provisions of IT Act,he said.The government can ban websites under section 69 of the IT Act if there is a threat to the sovereignty of India.No one else can deny access.If they do,then it becomes a cyber crime,punishable under section 66, he said.If the ISPs went beyond the court order and blocked websites,they could get into trouble.Punishment includes three years of jail and a fine.Other legal provisions should have been considered to prevent conflict,especially in a situation where the offence is yet to be committed, he said.
When contacted,Airtel didnt respond.Harish Ram,CEO of Copyright Labs,said his company wrote to ISPs asking them remove only URLs or web pages.Users of most sites like Vimeo,which allows sharing of videos,music and games,remained affected.I know piracy is a problem.But now I cant send a Vimeo page that has my documentary films as part of my work profile to anyone, said writer and independent filmmaker Deepika Bhardwaj.When your decisions affect others,you should be more careful, she said.

PAST BLOCKS 




There have been many instances where websites were blocked 




1999 | 


Videsh Sanchar Nigam Limited blocked Pakistani newspaper Dawns website at the height of the Kargil war 

2001 | 


The computer emergency response team blocked Yahoo! Groups,to prevent anti-India discussion on one of the forums run by Naga insurgents 

2006 | 


Following the Mumbai blasts,several sites were banned for fuelling hatred.Instead of blocking a blog,some of the ISPs ended up blocking the whole of blogspot 

2011 | 


Government banned wesbites like Mobango and Clickatell;file hosting websites were blocked to prevent piracy of movies Singham,Don 2 

May 2012 | 


Reliance Communications allegedly blocked Vimeo.com,thepiratebay.org and other sites.This was followed by Airtel blocking a host of sites


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Govt can acquire land for pvt cos: Ramesh 

TIMES NEWS NETWORK 

New Delhi: Rural development minister Jairam Ramesh on Friday rejected the standing committees recommendation that government should not acquire land for private businesses,saying the states role could not be eliminated since the private sector did serve a public interest.
Reacting to the standing committee report which virtually rejected the core of the land acquisition amendment bill tabled by the RD ministry,Ramesh said the panels report was not binding on the government and promised to bring a new legislation in the monsoon session of Parliament.He flagged the need to keep investor confidence high,alluding to widespread apprehension that ruling out government role in land acquisition for private sector would hit industrialization.
Significantly,sections in BJP seem to share Rameshs misgivings about the report of the standing committee headed by party member of Lok Sabha Sumitra Mahajan.
The rural development minister argued in the same vein.Public purpose can at times be met by government organizations and,at times,these are met even by private companies.The notion that private companies serve only private interest is not something that I believe in, Ramesh told a press conference.
The minister cited the example of airports,power plants and infrastructure projects in private sector to argue that there were occasions when the government sought private investment to promote public objectives.
The parliamentary panel stunned the Centre this week by recommending that the government have no role in land procurement for private sector and said public purpose in the official bill was loosely defined to help include private companies in its ambit.The standing committee also rejected government help for public private projects.
In an indication that UPA may find it difficult to accept the panels key points,Ramesh said,The report is not binding.It is a normal practice to accept important recommendations and where they are not accepted,we give clear reasons why they have not been accepted. He said he would finalize the bill after another round of consultations with states.

Industry protests land Bill,Centre seeks data on land with PSUs


New Delhi:The government has commissioned a study to find out land available with state governments and public sector companies that can be used for setting up industrial and infrastructure projects,without asking the private sector to buy land.The move comes at a time when the parliamentary standing committee has said the government should not acquire land for industry.TNN


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Export surplus wheat,distribute it to poor 

Panel Advises PMO To Sell 2Mt Of Grain At Subsidy Of 1,500Cr Through Govt Channels 

Nitin Sethi TNN 

New Delhi: A panel headed by the PMs chief economic adviser C Rangarajan has recommended exporting 2 million tonnes (mt) of wheat at a subsidy of Rs 1,500 crore through government channels and another 1 mt through private traders at a subsidy of Rs 150 crore.
Warning that just exports would not be enough to manage the overflowing godowns and could cause political problems,the panel has also recommended distribution of 8 mt grain to below poverty line (BPL) and 2 mt to above poverty line (APL) families.The total subsidy bill for this would come to Rs 17,000 crore.
The PM had asked the Rangarajan-headed interministerial committee to look into the issue after finance minister Pranab Mukherjee,heading the group of ministers,had shot down the proposal to distribute 10 million tonnes of grains because of fiscal constraints.
Now,Rangarajan has advised the PMO that the government should export 2 million tonnes of grains through state agencies.Considering that international price of wheat is much lower than the cost of domestic procurement,the panel has assessed that the exports will cost the government a subsidy of Rs 1,500 crore.Another one million tonnes of grains that it recommended should be shipped out by private traders would entail a subsidy of Rs 150 crore.
Rangarajan noted that discussions were on for exports to Iran and other countries could be considered through various state agencies though this would not be enough to manage the bulging stocks which are likely to reach 75 mt by the beginning of June.
Pointing also to the political implications of exporting and not distributing grains to the poor,he has recommended providing 8 million tonnes to those with BPL cards and 2 million tonnes to those with APL cards.Another 1 million tonnes should be sold in the open market,he said.The food ministry had recommended 10 million tonnes to be given to APL card holders but Rangarajan has gone with a much lower figure.
The subsidy on exports could go higher and could be politically difficult.Countries in the Black Sea region are expected to come into the international market soon and Russian wheat already available at a substantially lower price than the Indian variety could complicate matters.
Mindful of this and currency fluctuations,Rangarajan has said the final actual subsidy bill should be reassessed by the government while taking a decision.


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CBI raids premises of MLAs,minister,Independent candidate 

Ranchi:The CBI on Friday conducted raids at the premises of 15 Jharkhand MLAs,including labour minister Chandraprakash Choudhary,as part of its investigation into the allegations of horse trading which led to countermanding of the March 30 Rajya Sabha poll.
Raids were conducted at the residences of Independent candidate Pawan Kumar Dhoot in Kolkata and former Rajya Sabha member Ajay Maroo in Ranchi, a CBI official said.
Dhoot,an industrialist,was one of the candidates in the countermanded elections.The CBI could not search the house of JMM MLA Sita Soren,daughter-in-law of JMM president Shibu Soren,in Bokaro.PTI



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Govts white paper lists tax amnesty for evaders 

TIMESNEWSNETWORK 

New Delhi: The governments white paper on black money,tabled in Parliament on Monday,listed a one-time tax amnesty to recover funds stashed abroad and a gold deposit scheme for locals as possible ways to deal with the menace,while suggesting that individuals get the tax departments go-ahead for all property deals and face undue scrutiny on cash in their possession.
It also called for setting up of independent regulators,ombudsmen for allocation of natural resources,as well as Lokpal and Lokayuktas.
The document has been prepared in response to the clamour for crackdown on corruption and unaccounted wealth.
The white paper is supposed to help the government counter the perception of inaction that has bruised it politically.However,in its anxiety to appear tough,the government tilted towards prescriptions which can set the clock back on tax reforms and result in harassment of honest taxpayers.


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Oversight for auditors mooted 


Amid ramblings on how undisclosed income is generated the underlying theme seems to be more power for taxmen,known for using their discretionary powers to make life tough for the honest taxpayer.With the political context as evident in the BJP and civil society activists launching a campaign for retrieving black money routed abroad rendering the possibility of a tax amnesty rather slim,the prescriptions read like a bland compendium of suggestions that have been bandied about since at least the 1960s.
There are,of course,suggestions that incentives be given to promote the use of plastic money and financial instruments other than gold,which is seen as a key sector generating unaccounted income.Similarly,an oversight for auditors has been mooted to scan corporate balance sheets effectively.
On the whole,the paper is replete with many proposals which are politically unfeasible;in some instances even glaringly at variance with the governments stated position.
 


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Meira has travelled abroad every 37 days 

TIMES NEWS NETWORK 

New Delhi: Lok Sabha Speaker Meira Kumar has travelled abroad as many as 29 times in 35 months since assuming office : a frequency that translates into a trip nearly every 37 days.
The former IFS officer visited these countries accompanied by MPs belonging to various parties as well as senior officials of the Lok Sabha Secretariat,incurring a total expenditure of nearly.10 crore,according to information secured by activist Subhash Agarwal under the RTI Act.
Kumar,who was elected speaker on June 3,2009,has travelled abroad for 146 days until April 30 this year.
The country most visited by her is Switzerland,with the Lok Sabha Secretariat saying it was work related to the Inter-Parliamentary Union which took her to the popular holiday destination.
For IPU work,Kumar has undertaken seven visits to four countries Switzerland four times,and once each to the US,Panama and Thailand.
In addition,she visited Trinidad and Tobago,the UK,Sri Lanka,Isle of Man,Swaziland,Kenya and Tanzania for what the Lok Sabha Secretariat described as work related to the Commonwealth Parliamentary Association.
The disclosure coincides with pointers about the possibility of Kumar emerging as the Congresss probable nominee for Rashtrapati Bhavan in case the frontrunners stumble.
This is not Kumars maiden brush with controversy.She hit the headlines recently following the RTI disclosure about the ministry of urban development waiving off the.2 crore it had billed the speaker for her stay at 6,Krishna Menon Marg,the sprawling bungalow earlier with her late father Jagjivan Ram.


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HI-FLYING SPEAKER 


During foreign visits,Meira gave gifts worth 11L to hosts 

New Delhi: Lok Sabha Speaker Meira Kumar has travelled abroad as many as 29 times in 35 months since assuming office: a frequency that translates into a trip nearly every 37 days.
The former IFS officer visited these countries accompanied by MPs belonging to various parties as well as senior officials of the Lok Sabha Secretariat,incurring a total expenditure of nearly Rs 10 crore,according to information secured by activist Subhash Agarwal under the RTI Act.
Kumar took parliamentary delegations to Italy,Austria,Mauritius,Bhutan,Hungary,Luxembourg,Mongolia,Mexico,Vietnam,Republic of Korea,Sweden,Denmark,Japan,Iran,Chile,Uruguay and Paraguay.
In five visits to the US,Trinidad and Tobago,Sri Lanka,Isle of Man and Swaziland,she was only accompanied by Parliament officials while in the rest of the visits,she was also accompanied by MPs.
According to the reply,total expenses on these visits were Rs.9.89 crore.She also gave gifts worth Rs 11.66 lakh to her hosts.
The speaker also extensively travelled in India,particularly to Varanasi,Hyderabad,Patna and Ranchi,running up a bill of Rs 10.53 lakh.


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CBDT move puts tax reforms in peril 

Wants Cap On Cash,NOC For Realty Deals 

TIMES NEWS NETWORK 

New Delhi: A high-level panel headed by the Central Board of Direct Taxes (CBDT) chief has suggested limits on cash held by individuals besides mandating a noobjection certificate from the tax department on immovable property transactions,moves that threaten to undo years of tax reforms and raise the compliance burden.
In addition,there is the politically unfeasible option of getting states to levy tax on farm income and levying wealth tax on gold jewellery to discourage investment in unproductive assets.As an incentive,the panel proposed sops for other financial instruments to take the sheen off the yellow metal.
Although couched with safeguards,the measures,if implemented,may lead to harassment of taxpayers and increase the cost of doing business,especially with the tax records for up to 16 years being reopened for levying tax on undisclosed assets held overseas.
There are also suggestions of a harmonized indirect tax regime despite the government being forced to drop one of the suggestions on tax-deducted at source for all property deals.In case of jewellery,the government had proposed to make it mandatory to submit permanent account number for transactions over Rs 2 lakh,which was later watered down to Rs 5 lakh.
In its recommendations to curb generation of black money,the committee has suggested amendments to the RBI Act putting a limit on cash holdings for private use,in addition to regulating the possession and transporting of cash.It has asked the government for including provisions in the law seeking confiscation of cash held beyond a prescribed limit but has not suggested a cap,or at least the white paper does not mention it.
The committee,which submitted its report in March,also suggested that there should be a cap on the number of accounts that can be opened.
The high-level committee on black money also sought a mandatory no-objection certificate to be obtained from the income tax department before entering into any property transaction above a specified limit.In its white paper on black money tabled in Parliament on Monday,the government has incorporated most of the recommendations of the panel.
The panel said obtaining an NOC was important to reduce the element of black money in transactions relating to immovable properties.It said the provision should be introduced in the income tax law with safeguards and this could help in setting up of a uniform database which can be used for a national-level regulation later.
The new system is proposed to be computer driven with minimal interface between the tax authorities and the tax-payer,and enforced by a dedicated unit within the investigative machinery of the income tax department on the basis of pre-determined parameters and standard operating procedures.The electronically generated NOC,within a specified period,would also act as a tax clearance certificate.
In another significant recommendation,the panel has asked for alevy on agricultural income to be imposed by state governments with facility for computerized processing and selective verification.This will on the one hand enhance revenues of state governments,and on the other hand prevent laundering of black money in the garb of agricultural income, the report said.The panel also called for setting up of a regulator under company and income tax laws with powers to empanel auditors to randomly inspect accounts of the private sector firms.


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Stashed cash back home 

TIMESNEWSNETWORK 

New Delhi: The governments white paper on black money has blamed foreign investment,corporate structures and even stock markets for generation of black money.
The document tabled in Parliament on Monday lists around a dozen segments and sectors that are prone to generation of black money,including the commonly-cited ones such as jewellery and real estate.
The white paper presented by Union finance minister Pranab Mukherjee even suggests that initial public offers are vulnerable to manipulation and finally wakes up to the problems in public procurement.Then there is nonprofit organizations due to misuse of tax benefits and informal and cash economy,led by agriculture and underbanked segments.
A large focus area seems to be foreign transactions,where the report talks of external trade and transfer pricing,involving transactions between multinational companies with local affiliates,resulting in circulation of black money.
The illicit money transferred outside India may come back to India through various methods such as hawala,mispricing,foreign direct investment through beneficial tax jurisdictions,raising of capital by Indian companies through global depository receipts (GDRs),and investment in Indian stock markets through participatory notes.It is possible that a large amount of money transferred outside India might actually have returned through these means, the 108-page document said.
Even some of the policy tools that were being pursued by the government till recently,have suddenly been found to result in the generation of black money.For instance,not so long ago,the finance ministry itself was making a strong case for derivatives but the paper said some of the innovative instruments generate funds.Similarly,offshore financial centres,proposed by the commerce ministry along with special economic zones,are also under the lens.Besides,there are the oft-repeated sources such as tax havens.

Times View 


The white paper on black money prepared by the finance ministry is disappointing for its lack of rigour.Worse,however,it seems to believe that a throwback to the days of the inspector raj is the best way to deal with the problem of undisclosed incomes.The suggestion for a no-objection certificate in case of transactions of immoveable properties or the one on a ceiling on how much cash individuals can hold are just two instances of this mindset.Historical experience has shown that such rules only serve to complicate life for honest citizens and provide more scope for corruption.If the government is serious about reducing the size of the black economy,it will have to do better than this.


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Maharashtra minister arrested for role in 46cr housing scam 

Prafulla Marpakwar TNN 

Mumbai: A senior Maharashtra minister,Gulabrao Deokar,was arrested on Monday for his alleged role in a 15-year-old housing scam.Deokar,an NCP politician,is the states first cabinet minister to be arrested while in office.He was produced in court and released on a personal bond.The Rs 46-crore scam involved construction of 11,000 low-cost houses at Jalgaon in 1997.
Despite the taint,Deokar,55,will continue to be minister as his party,NCP,has refused to accept his resignation.Since he has been released on bail,we have not taken a decision.We will wait for the court verdict, state NCP president Madhukar Pichad.
Deokar is among 90-odd accused,including former housing minister and senior Sena legislator Sureshdada Jain.While Jain was granted interim bail on health grounds,other former councillors too are out on bail.
In 1997,the Jalgaon municipal council floated tenders for construction of 11,000 affordable houses.While 11 builders submitted tenders,the civic body amended conditions at the last moment to favour two companies and edge out others.Only,Khandesh Builders,a front for Jain,and Golani Developers remained in the fray.Again,Golanis tender was rejected on technical grounds,leaving Khandesh to bag the tender.Jail was then chairman of the Jalgaon corporation.
Later,leader of the Opposition,Eknath Khadse,filed a complaint and demanded a probe when it was found a loan was secured from housing and urban development corporation and illegally transferred in the name of firms controlled by Jain.
On February 3,2006,an FIR was lodged against 90 Jalgaon councillors.Investigators found that of 11 sites selected for the project,five did not belong to the corporation,while four were reserved for a playground,hospital and primary school.

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Gulabrao Deokar 
 


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We have info on PN holders: Sebi 

Information Since October Available But Finmin Hasnt Sought Details

Sidhartha TNN 

New Delhi: A day after the government cited participatory notes (PNs) and market manipulation as one of the sources for generation of black money,the Securities & Exchange Board of India (Sebi) has said it has records for the past several months on the instrument but the finance ministry has not bothered to even check these details.
Participatory notes are derivative instruments used by overseas players to invest in Indian markets via foreign institutional investors.While several investors use PNs as they dont want to commit to large transaction costs for relatively small investments,officials in the revenue department and enforcement agencies believe that it is often used to mask the ultimate beneficiary.
Sebi sources,however,said that now FIIs have to submit details of every transaction that is undertaken and details of ultimate beneficiary are available with the market regulator.We had asked for a monthly filing and we have information at least since October.But there have been no queries on the issue from the government although we have information on down the line beneficiaries, a source,who did not wish to be identified told TOI.
The sources also said that the use of participatory notes by Indians has also come down in recent years.Till a few years ago,when the regulatory agency sought higher disclosures on the instrument,around half the PNs had an India link but that number has come down.The view in the department of economic affairs,which is part of the finance ministry,as well as Sebi is that gradually,the use of PNs will be minimal as foreigners have been given direct access to the Indian stock markets through the qualified foreign investor route.
Although the window was opened in January,the take-off has been slow given the turmoil in the stock markets globally.Even now,of their holdings of over Rs 11 lakh crore,FIIs hold around Rs 1.65 lakh crore via PNs,which means their share is in excess of 10%.
The revenue departmentdriven document came within weeks of government clarification saying that PNs would be kept outside the ambit of the proposed general anti-avoidance rules that had spooked foreign investors.
In the past too the finance ministry has taken pains to clarify that PNs were not being misused.The White Paper on Black Money,however,seemed to toe a different line.
With increasing sophistication of derivative instruments,new opportunities for investing and making profits without being subjected to taxes and regulations are also opening up.Such innovative means can also be misused by unscrupulous parties to generate unaccounted income.Some such instruments like participatory notes may not be adequately covered by regulatory mechanisms and their oversight and hence have potential for misuse, the document tabled in Parliament on Monday said.

MONEY TRAIL 


t Sebi has records for several months as FIIs need to furnish details of every transaction tNumber of Indians using PN route has come down as foreigners have direct access to markets through qualified foreign investor route tHowever,take-off has been slow: of over Rs 11 lakh crore,FIIs have over 10% share via PNs at Rs 1.65 lakh crore tGovt has cited PNs as one of the major sources of black money


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Teesta Setalvad to advise Government on Education: HRD Ministry. Who saves the students?

 
Teesta Setalvad to advise Government on Education: HRD Ministry

Ministry of Human Resource Development, Government of India's resolution dated 18th May, 2012 shows Teesta Setalvad's nomination as a Member of the Central Advisory Board of Edu... (More)

View resolution: http://goo.gl/i6BMn

Mirror: http://www.scribd.com/dharmanext/d/94699808-Teesta-Setalvad-to-advise-Government-on-Education-HRD-Ministry
Teesta Setalvad to advise Government on Education: HRD Ministry


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15 Delhiites on govts list of most unwanted 

Out Of 23 Named,One Is From Chennai 

Josy Joseph TNN 

New Delhi: Some of Indias most notorious arms dealers,well-connected chartered accountants and not so wellknown consultants operating from various parts of the country have been named in the latest list of 23 Undesirable Contact Men (UCM) circulated within the government.
The Central Bureau of Investigation,which prepares the UCM list,believes that these individuals are involved in manipulating government contracts,bribing officials and are a negative influence on good governance.The list is reference for senior officials on whom to shun.
The latest list contains 23 individuals,nine of whom operate in the income tax department to manipulate decisions.At least two of these are chartered accountant brothers well known in Delhis power circles.Five alleged arms agents,including some of Indias most notorious ones,also figure in the list.
The list is supposed to guide officials when they are considering applications for accreditation or while accepting representatives of firms.According to the guidelines,the UCMs are not to be accepted for such dealings.Officials are to avoid associating with the UCMs socially and are not supposed to accept hospitality and gifts from them.
One of the UCMs active in departments such as income tax,customs and central excise,MTNL,revenue and banking and oil PSUs such as IOC and ONGC operates out of a five-star hotel in Chanakyapuri,according to the list.Many are residents of posh colonies of the national capital.
AKolkata-based individual on the list is already under CBI investigation for fixing judgments of the Income Tax Appellate Tribunal.
Of the 23,at least 15 are based in Delhi.One of these,a leading arms dealer,has been based out of London for the past several years,though the list gives his Delhi address.Five of these UCMs are based in Mumbai,two in Kolkata and one in Chennai.
The list of UCMs has been prepared by CBI since 1966,when it was put on the agenda for programme for vigilance and anti-corruption work during 1966 and circulated as part of an order of the home ministry.The CBI prepares the list based on its suspicion of those who are resorting to corrupt or irregular practices in their dealings with official agencies.Departments are supposed to send details of any of their officials maintaining contacts with any of the UCMs to the CBI director.Indian missions abroad are also supposed to be briefed about the UCMs,according to the guidelines.
The list is made available to senior officials by the CBI.And for junior officials,the departments are supposed to discreetly disseminate the names to them but not to officials below the rank of deputy secretary.


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Cong worried over delay in restoring promotion quota 

Subodh Ghildiyal TNN 

New Delhi: As the Centre wrestles with the Andhra Pradesh high court order quashing minority quota,Congressmen are worried about the delay in restoration of promotion quota,a promise made by the government in Parliament.
A week after the government committed to neutralize the apex court order scrapping reservation in promotions,there is silence,with the Centre having put off the all-party meeting scheduled for May 23.The meeting was called to decide the route government should take to overcome the SCs nay to promotion quota.
While a majority in the government would prefer a constitutional amendment,the Centre said an all-party discussion was required because constitutional changes made by Parliament on this issue were repeatedly finding resistance with the judiciary.
The dithering has triggered speculation among party leaders who are worried that the delay was making the party suspect among dalits,which would help BSP.An attack by Mayawati,accusing Congress of being anti-dalit,queered the pitch for the ruling party.
The silence in the government has triggered unrest among the vocal dalit middle class as well as Congressmen and the concerned bureaucracy.
They argue that while the Centre is committed to reviving promotion quota,it is making the mistake of being seen as reluctant to do it.Why cannot the meeting be called urgently and the corrective announced, a senior leader said,adding,This is what we did in the case of OBC quota in education.We implemented it but only after other parties had put their authorship on it. Others warned that Mayawati should not be allowed to seize the initiative on dalit issues.
The Centres silence just a week after it promised redress has led to myriad theories.Senior officials are wondering if the postponement is linked to the growing proximity between Congress and Samajwadi Party.The UP outfit is opposed to consequential seniority for dalits promoted on the basis of reservations and wants it to be repealed.But the seniority feature is governed by a constitutional amendment whose revocation would be tantamount to political harakiri.



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7 get bail in Adarsh scam 

Rebecca Samervel TNN 

Mumbai: A special court on Tuesday granted bail to seven of the nine arrested accused in the Adarsh scam since the CBI failed to file a chargesheet within the stipulated 60 days from the time it took them in custody.
Special CBI judge M V Kulkarni granted bail to Maj Gen (retd) A R Kumar,Maj Gen (retd) T K Kaul,Brig (retd) M M Wanchu,former collector Pradeep Vyas,former sub-divisional superintendent of the defence estate office R C Thakur (one of the main promoters of the Adarsh housing society),former deputy secretary of the state urban development department P V Deshmukh and former Congress MLC Kanhaiyalal Gidwani (the chief promoter of Adarsh).
Each of the seven accused was granted bail on a cash surety of Rs 5 lakh and one or two personal sureties of an equal amount.
They have been directed to attend the CBI office every Tuesday and Thursday between 10am and 12pm.The court also directed the accused to deposit their passports and not tamper with evidence.
All except Gidwani and Wanchu walked out from Arthur Road Jail at 7pm after the formalities were completed.Gidwani,in hospital undergoing eye treatment,said,I am happy justice has been done.I was expecting a favourable order.There are many ups and downs in life and we have to just take it in our stride. Wanchu was not released as his cash bail is still to be furnished.Relatives of the accused,present in court during the proceedings,hugged one another and beamed with joy.Gidwanis son Sunil hugged brother Amit and said,We are very happy and relieved.It has been over two months and we just want to take our father home. 
Two more accused,former civic chief Jairaj Phatak and former state information commissioner Ramanand Tiwari,are still in jail.Their bail applications will be filed on Monday as they are still to complete 60 days in custody,their lawyers said.The two were arrested on April 3;those granted bail on Tuesday were arrested on March 20 and 21.


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PM may be honest,but he failed to stop graft: Team Anna 


The PMs decision to join issue with the Anna Hazare-led group is likely to precipitate a fresh confrontation with the transparency activists who recently targeted Singh personally even referring to him as Shikhandi for the first time over a Comptroller and Auditor General draft report on coal blocks.
Team Annas response to the PMs outburst was one of defiance.Prashant Bhushan and Arvind Kejriwal said their charges were based on the findings of CAG that governments decision not to auction coal blocks helped private companies derive undue benefit to the tune of Rs 1.8 lakh crore.Bhushan said while the PM may be honest,he had failed to stop others from engaging in corruption.Kejriwal said the PM should agree to let a committee of six retired judges probe Coalgate,and other charges against his ministers.
On his special aircraft,the PM said,Bharat ki janta is baat ka faisla kare ki maine kya kasoor kiya hai ki mere liye aise kathin aur kathor shabd istemal kiye ja rahe hain (people of India should decide what wrong I have done that such harsh language is being used against me). 
He seemed particularly aggrieved by the words used against him.But to use such language I think the public in India should make up its mind whether this sort of politics should rule the roost in the country, he said.
Singh had come prepared with a written statement on allegations against him over the issue of allocation of coal blocks when he held charge of the portfolio.The statement focused on the fact that the government had not received the CAG report on Coalgate yet,and that it would send its factual response to the Public Accounts Committee when the report is submitted.It added,Uninformed allegations and discussions based on leaked drafts are unfortunate. 
By taking on the activists,the PM has got embroiled in a confrontation with Team Anna that he has so far stayed away from.The anti-graft activists also seem to be bracing for an escalation,with Bhushan saying Congress had used Singh as a Shikhandi,or a shield,against corruption.Ironically,the renewed offensive comes at a time when it is having to shake off the perception of divisions within: something that law minister Salman Khurshid played upon on Tuesday.
The PMs outburst signals his confidence that people will not doubt his personal integrity.

COAL WAR ESCALATES 



Targeting the PM for the first time,Team Anna had on May 26 sought a probe against Manmohan Singh on charges of corruption 
They said the PM who was responsible for the coal ministry abused his position to give huge pecuniary benefits (around Rs 1.8 lakh crore according to draft CAG report) to private parties 
Anna Hazare says PM is an honest man; Team Anna says he is not familiar with the documents.Santosh Hegde says hes not party to the allegations against PM,Cabinet ministers

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Irresponsible allegations... are being made without confirming facts.I will give up my public life if allegations are proved against me.My long public career as finance minister,leader of oppn in the RS and now as PM has been an open book 
 


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FM offers new reprieve on retro tax 

Says Tax Cases Finalized Before April 1,2012 Will Not Be Reopened

TIMES NEWS NETWORK 

New Delhi: Finance minister Pranab Mukherjee on Wednesday said the income tax department will not reopen cases where assessment proceedings had been finalized before April 2012,a statement which is aimed at providing fresh comfort to investors jittery about retrospective amendments to the law that will enable the government to tax overseas deals involving foreign assets.
I gave a commitment in Parliament with regard to retrospective amendments that CBDT (Central Board of Direct Taxes) will issue a policy circular to clarify that in cases where assessment proceedings have become final before April 1,2012... such cases shall not be reopened.Now CBDT has issued a circular in this regard, he said.
The reiteration of sorts comes amid suggestions by tax department officials that they would look at all transactions that took place over the last six years to see that nothing escapes the net.But more than the smaller cases,the focus is on a dozen-odd large transactions,including Vodafones stake acquisition of Hutch stake in the Indian telecom venture,to raise up to Rs 40,000 crore.
The amendment,which has set the stage for a fresh demand on Vodafone,has been criticized by domestic and international companies although the government has held firm that it was only a clarification.
Apart from M&As,Mukherjee also sought to comfort software companies as he promised that the government will ensure that companies dont have to deduct taxes (TDS) at multiple levels.This will remove hardship in case of software distributors, he added.Due to the stipulation,10% TDS was being deducted at every level of software distribution chain from master distributor to reseller and channel partners.The government decision follows a recommendation by an expert group and representations by Nasscom.
Mukherjees statement at the inauguration of a new building for the tax department also had a word of caution for his officers with the minister instructing them to refrain from moving high courts unless the question of law is not involved in the disputes.
Normally my advice would be that if there be no point of law,if its a matter of fact,then I think with the two appeals at the commissioners level the department need not rush to the high court if there be no point of law concerned.


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With 13.1% growth,Bihar tops states;Delhi second 

Puducherry Makes It To Top 5,TN Grows At 9.4%,

Mahendra Kumar Singh TNN 

New Delhi: Bihar,which was synonymous with poverty,has emerged as the fastest growing state for the second year running,clocking a scorching 13.1% growth in 2011-12.Not just that,on the back of four years of double-digit growth,its economy is now bigger than that of Punjab until recently the preferred destination of Bihari migrant workers.
Among the top five states,Bihar is followed by Delhi and Puducherry.Mineral-rich Chhattisgarh,which many had written off for the violent Naxal movement,and Goa complete the top five growth listings,according to data available with the ministry of statistics.
Gujarat a favoured destination for investors,both domestic and foreign is again out of reckoning for the top five slots,expanding 9.1% during the last financial year,according to data submitted to the Planning Commission on Friday.Among the more industrialized states,only Tamil Nadu was ahead of Gujarat with 9.4% growth (at 2004-05 prices).Punjab,known as the grain bowl of India,Andhra Pradesh and Karnataka,both IT hubs,and Uttar Pradesh,the countrys most populous state,clocked growth that was lower than Indias GDP growth of 6.5% in 2011-12.
Economists said 9% growth by some of the larger states such as Gujarat and Tamil Nadu was credible given that they were growing on a much larger base.


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