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Wednesday, October 29, 2008

India News

Courts cannot invoke contempt powers arbitrarily: SC
New Delhi, Oct 27: The Supreme Court has ruled that a court cannot exercise the power of contempt in an arbitrary manner as such proceedings should be initiated to ensure its order is complied with and “not to necessarily proceed against persons as if they are petty criminals.” “A person cannot be sentenced on mere probability. Wilful disobedience and contumacious conduct is the basis on which a contemnor can be punished,” the apex court observed while dropping the contempt proceedings initiated by the Calcutta High Court against two members of a TV production company.
While contempt of court is a matter which had to be dealt with all seriousness, the burden of proof should be upon the person who made such an allegation, it said.
“The purpose and object of initiation of a proceeding under the provisions of the Act (contempt) is only to see that the order of the court is complied with and not to necessarily proceed against persons as if they are petty criminals,” a bench of Justices S B Sinha and Cyriac Joseph observed.
In this case the Calcutta High Court initiated contempt proceedings against director and another employee of the production house Three Cheer Entertainment Pvt LTD on the basis of a complaint by the Calcutta Electricity Company Ltd (CECL).
The CECL had earlier filed a Rs 20 crore defamation suit against the production house for its programme Khoj Khabar aired on ETV (Bangla) in which allegations of corruption in the government owned company were made.
The High Court had passed an injunction against further telecast and directed the production house to hand over the CDs relating to the programme to two receivers appointed by the court.
But the CDs were purportedly handed over to some strangers whom the production house presumed to be the receivers. The CECL subsequently filed a contempt petition against the director and another employee Sanat Roy alleging that the CDs were not handed over to the receivers upon which the High Court initiated contempt proceedings and later convicted them.
However, it did not impose any sentence and fixed another day for hearing, but imposed a fine of Rs 10,000 ‘for the time being.’ Aggrieved by the order, the production house filed a SLP in the apex court contending that it did not commit any contempt and also stated that it did not receive any notice from the High Court asking them to hand over the CDs to the receivers. Upholding the contemnors’ plea, the apex court said there was no record to prove whether the notice issued by the High Court for handing over the CDs was communicated to the production house. “In our opinion, the facts and materials placed before us do not establish that there was any wilful disobedience or contumacious conduct on the part of the appellant,” the bench observed. The apex court also termed as “piecemeal” the sentence imposed by the High Court. (PTI)

Terrorism should be subject of study in schools: Kiran Bedi
New Delhi, Oct 27: Terrorism should be taught as a subject in schools so that Indian youth become more aware of the scourge, says Kiran Bedi, celebrated former police officer Kiran Bedi.
As the country continues to debate the larger ramifications of terror attacks in many cities, Bedi, the first woman officer in the Indian Police Service and a Magsaysay Award winner for her jail reforms, told IANS in an interview: “Terrorism should be introduced in schools as a subject; it is very important that our youth be aware of it. NSS, NCC and Scout & Guide should dedicate special sessions on terrorism awareness.”
NSS is the National Service Scheme and NCC the National Cadet Corps, both co-curricular activities in high schools and colleges around India.
Bedi was worried that people tended to forget about terror attacks soon after they occurred. Apart from introducing the subject in schools, “society should come forward and start participating through team policing”, she said. “Only state police, without civilian support, cannot easily stop or prevent acts of terror and for this we need to make our society aware.”
In the political spectrum, there is bipartisan support for the idea. Bharatiya Janata Party spokesman Prakash Javadekar said that primarily it was the duty of police to protect the lives of citizens, but added that public help in combating terrorism was equally necessary.
“The people on street, like small shopowners, vendors and parking attendants should be trained and sensitised against such incidents. Such people can also contribute to providing information to the intelligence,” Javadekar told IANS.
His party’s youth wing “may start a campaign to spread awareness and alertness among the people through a scientific and logical approach”, he added. Congress party leader Salman Khurshid said fortifying communication between people and agencies was very important. “Network of information between people and police is very important in combating terrorism and for this we need to remove people’s cynicism towards police. Everywhere some people are good and some people are bad; the same goes for police,” Khurshid said.
Both the political leaders felt NGOs should come forward and create awareness in different communities about the evils of terrorism.
Academics also favoured the idea of NGOs and social organisations creating awareness and alertness against terrorism.
“People are still not alert against terrorism and for this reason social organisations and NGOs should start massive awareness campaigns,” Alok Puranik, writer and lecturer in Delhi University, said.
Social activist Harsh Dobhal said targeting any particular community after a terror attack only makes matters worse. Government agencies should work in an unbiased manner to ensure equality is maintained among the people of all religions, castes and creeds, he added.
“Government agencies should act in a responsible manner. Innocent people or a particular community should not be falsely implicated. ” (IANS)

NCP pays police for damaging VHP office
Nashik, Oct 27: The Nationalist Congress Party Monday paid out Rs.20,000 to the police as a cost for damages caused by its activists to the Vishwa Hindu Parishad office here last week, a VHP official said.
The compensation has been paid out under the serction 7 of the Criminal Amendment Act, for which an ordinance was issued recently, the official said.
“The demand draft (DD) for the amount due to us as compensation under the newly promulgated ordinance, pertaining to the Criminal Amendment Act, Sec 7, has been deposited with Nashik Police Commissioner Himanshu Roy. We have submitted an application to him for the same and hope to get the money within this week,” VHP Nashik district secretary Shyam Gharote told IANS in the evening.
The amount of the damages was mentioned in the police first information report (FIR) lodged shortly after the attack on the VHP office by nearly two dozen activists of the NCP youth wing.
The NCP unit here gave the DD to the police commissioner, he said.
“With this, the provisions of the newly amended act will be enforced for the first time in Maharashtra. We hope this may serve as a deterrent for all similar violent protest actions in the future,” Gharote observed.
Among the five NCP youth activists nabbed and remanded in police custody is former state leader Ranjan Thakre.
Maharashtra NCP president Arun Gujarathi said the law is “supreme and equal for all” and expressed his party’s intention to adhere to it. “However, we are examining the detailed provisions of the ordinance. Who will pay the costs - party or individual activists? Whether it will be paid before or after the alleged crime is proved in a court of law? Until we are clear about these and related issues, I cannot comment on the matter,” Gujarathi told IANS.
Gujarathi added that despite the fact the matter pertains to the home department, headed by NCP’s RR Patil who is also deputy chief minister, “the party shall not interfere in any manner with the police action or try to shield the accused activists”. VHP Western region secretary Venkatesh Abdev had said the costing given by the party pertains only to the damage to furniture and fittings in the office. The cost of medical treatment to the injured VHP activists was borne by police, he said. “We feel that even the medical costs of the injured victims must be taken into account when recovering the compensation,” he said. (IANS)

Arrest warrant issued against Ashok Todi, two others
Kolkata, Oct 27: A city court today issued a non-bailable arrest warrant against Ashok Todi, the father-in-law of Rizwanur Rehman, who was found dead last year a month after his marriage to the industrialist’s daughter and three of his relatives.
Seventh metropolitan magistrate Bhivas Chatterjee of the Metropolitan court here issued the warrants saying their non-appearence despite summons was nothing but an attempt to drag on the proceedings.
The warrants were issued against Ashok Todi, his brother Pradip Todi and brother-in-law Anil Saraogi who did not appear before the court today despite summons being issued against them.
The court sent another accused Moinuddin alias Pappu to judicial custody.
The court, however, extended the interim bail of IPS officer Ajay Kumar and two other officers of Kolkata Police, accused of threatening Rizwanur at the police headquarters after his marriage with Priyanka, Todi's daughter, while directing them to appear before it on November three.
The judge rejected the bail prayer of Pappu, who surrendered before the court earlier in the day, and sent him to judicial custody till November ten.
The CBI in its chargesheet had alleged that Pappu had taken Rs 11 lakhs from the Todis to ensure that Priyanka, went back to her parents from the house of Rizwanur who was from a modest background.
All the seven accused were charged with abetment to suicide, criminal intimidation and conspiracy.
The CBI is investigating the case as per a direction of the Calcutta High Court on a plea by Rizwanur’s mother Kishwar Jahan who had claimed that she did not have faith in the local police.
In another development, an application by Kishwar Jahan for cancellation of bail to the three police officers was taken up by a vacation bench comprising Justice Amit Talukdar and Justice P S Dutta. The bench directed the officers and the petitioner to file affidavits stating their respective positions and said that the matter would be taken up for hearing on November five.
Rizwanur’s body was found beside railway tracks, several kilometres from his home on September 21 last year, a month after his marriage to Priyanka.
It was alleged that the computer graphics teacher had been summoned to the Kolkata Police headquarters thrice and had been pressurised to send his wife back to her parents.
The CBI has chargesheeted IPS officer Ajay Kumar who was the then deputy commissioner of Kolkata Police (detective department), officers of the detective department Sukanti Chakraborty and Krishnendu Das, Ashok Todi, Pradip Todi, Anil Saraogi and Pappu on the charge of abatement to suicide, criminal intimidation and criminal conspiracy. (PTI)


Army on alert to scuttle infiltration attempts
Srinagar, Oct 27: Army troops are on high alert to scuttle any attempt by militants to sneak across the border to foment trouble in Jammu and Kashmir which goes to the polls next month, a senior army officer said today.
Since the election schedule has been announced in Jammu and Kashmir, militants will try to sneak this side to create trouble during the polls, general officer commanding 15th corps Lt Gen Mukesh Sabarwal told reporters on the sidelines of a ceremony to mark the 61st year of Indian Army’s arrival here.
On the role of the Army in the ensuing Assembly elections, he said, “our main task is to guard the borders besides provide security to common people at our place of posting.” “We will provide secure atmosphere to people and it is for them to take part in the elections to elect representatives of their choice,” he said.
The polling in the first phase of the seven phased elections to the 87-member state assembly begins on November 17.
Sabarwal said the number of infiltration attempts from across the border has come down as compared to previous years.
Attempts are still being made to send more militants across the border before the infiltration routes close due to snowfall, he said.
“Though the number of infiltrations has come down this year, but we have not lowered guard,” he said.
Intensification of night and foot patrolling, fencing and installing latest equipment has helped to curb the infiltration menace to quite an extent, he added.
Meanwhile, 61st commemoration of arrival of Indian Army in Kashmir was celebrated with traditional reverence at Baramulla, 55 kms from here today. It was on this day in 1947 that Indian army landed here to repulse Pakistan-backed tribal raiders in Kashmir valley.
The raiders from across the border invaded Kashmir on October 22, 1947 and reached Uri by mid-day next day. Brig Rajinder Singh, the then Chief of Staff J and K State Forces ordered the bridge at Uri to be demolished to delay their advance.
Inspite of this the raiders reached Baramulla prompting the then Maharaja Hari Singh to announce the State's accession to the Union of India on October 26, 1947 by signing the Instrument of Accession.
The Indian Army thus moved into Kashmir for its defence. On this day in 1947, A sikh regiment under Lt Col Dewan Ranjit Rai was flown into the Kashmir Valley. The arrival of the Indian Army saved the Valley from falling into the hands of the tribesmen.
To commemorate the arrival of the Indian Army, led by the valiant Infantry, October 27 is also celebrated as Infantry Day every year.
The Sikh war memorial is built in commemoration of the brave soldiers who laid down their lives against the marauding raiders.
The state governor N N Vohra laid wreath at the Sikh war Memorial, near the Degree College, Baramulla.
The Governor also appreciated the efforts of the army in controlling the recent upsurge in the valley. (PTI)


Govt asked to file affidavit in German girl’s rape case
Panaji, Oct 27: The Goa Bench of Bombay High Court today asked the State government to file an additional affidavit on November 4, in connection with the alleged rape of a minor German girl.
The bench comprising of Justice A P Lavande today heard the case which was taken up for hearing after the High Court had admitted the petition suo motto. The State government was asked to file a reply on the investigations into the case.
Advocate General Subhodh Kantak represented the State while German mother’s counsel Aires Rodrigues was also present for the hearing held this morning.
“The bench has asked the State to file copies of all investigations in a sealed envelope by today evening,” Rodrigues told reporters. He said that the Judicial Magistrate first class (JMFC) will record the statement of the victim girl on November 1.
The German mother had alleged that Goa Education Minister Atansio Monserratte’s son Rohit and Public Works Department Minister Churchill Alemao’s nephew Warren had raped her 14-year-old minor daughter. (PTI)



Five accused of Delhi blasts handed over to Gujarat Police

New Delhi, Oct 27: Gujarat police today secured the custody of five Delhi serial blasts accused from a court here, claiming “clinching” evidence against them in the synchronised terror attacks in Ahmedabad.
Seeking transit remand of suspects Mohammed Saif, Zeeshan Ahmad, Mohammed Shakeel, Zia-ur-Rehman and Saquib Nissar, the police claimed that they allegedly disclosed their involvement during interrogation by the Delhi police here.
Their names have also emerged following interrogation of 27 other accused, who have been arrested in July 26 serial blasts in Ahmedabad, they submitted.
Metropolitan Magistrate Vinay Singhal, allowing their plea, granted transit remand of the accused with a direction that they would be produced before a competent court on October 30.
“The court is of the opinion that the contention that their remand was being granted on stereotyped manner cannot be the ground for declining the request for transit remand as sought by the Gujarat police in connection with an entirely different case,” the court said, adding that every case was to be looked as an individual case.
Gujarat police, armed with NBW issued against them, alleged that five suspects were amongst those who had planted the bombs in the Ahmedabad city, which claimed 56 lives and left scores injured.
They arrested the accused in connection with a blast case registered with Maninagar police station in Ahmedabad.
The five suspects were produced before the court on the completion of their 12 day-long custodial interrogation in the blast case registered with Connaught Place police station here. They were remanded to judicial custody in the three cases lodged at Karol Bagh, Greater Kailash part I and Connaught Place police stations here. (PTI)


I wanted an emotional component to Bond’s character: Director
New Delhi, Oct 27: James Bond, the fictional spy would now be seen in an avatar that is more emotional and humane in Quantum of Solace the latest movie on the secret agent scheduled for release early next month.
Director Marc Froster says he wanted to experiment with the character of the elusive secret agent and bring out a new Bond different from the on-screen image established by his predecessors.
“Change is always for good and it seemed interesting to experiment. I wanted to bring more of an emotional component to the Bond movie,” Froster told PTI through email.
Froster, who is known for making sensitive and character-driven films like Oscar winning Monster’s Ball and Finding Neverland, admits that directing Quantum of Solace was one of the biggest challenges of his career.
“The biggest challenge ever for me was to keep the legacy going as there were lots of expectations,” he says.
The latest James Bond adventure, which is releasing in India on November 7, is one of the longest running series in the film history with 22 films.
Among other changes that he has introduced in the movie Froster has done away with trademark catch-phrases like ‘My name is Bond, James Bond’ and the famous one-liners about having his martinis ‘shaken, not stirred’ in the film which is a sequel to Casino Royale' Phrases like “The name is Bond, James Bond,” and “shaken, not stirred” are immortal, but then why not try something real new with the grandest ever Bond film?” Froster quips.
He, however, clarifies that removing these catch-phrases was not a deliberate decision.
“There was a ‘Bond, James Bond’ in the script. There are several places where we shot it, but it never worked out as we hoped. I just felt that we should cut it out and Barbara Broccoli and Michael Wilson (the film’s producers) agreed. But trust me, we were not being stubborn on this,” Froster says. When asked whether there was any apprehension while removing these immortal lines from the film and Froster admits that the producers were initially reluctant.
“At first discussion with the producers and all of them were like should we or shouldn’t we? But everyone knew what we were going ahead with. It was Bond of the new era that we were looking ahead,” Froster says adding there wasn’t much fuss about it in the end.
The new changes that have been introduced are in keeping with the new look of the whole film. “The producers wanted to have the franchise go in a different direction. Last time, they took a risk with Daniel Craig in the film. That was a success, so this time they felt they could take it to another step and see how it goes with another filmmaker,” he adds.
But what Froster was not sure was whether he would be able to do justice to one of the most legendary characters in the history of cinema.
“I was a director with no experience of action, whose successes have almost exclusively been character-driven dramas. Actually, even the thought of directing an action movie was much more intimidating to me,” he says.
Talking about film’s impending India release, Froster says, “India is a niche market for Hollywood films now. People appreciate our hardwork and that really boosts our morale.” The director says that the decision to release the film in phases was to get in tune with feedback.
“I am sure people would love to watch it as soon as possible isn’t it? and it was just the appropriate date that we thought of film releasing there,” he says when asked about the decision to release the film in India before it releases in US. “The journey has just been great. My first Bond film, higher expectations, working with Daniel. Everything has just been grand, in fact grandest. I hope I am able to live up to audiences’ expectations,” he says.
Quantum of Solace is a sequel to 2006’s Casino Royale where betrayed by Vesper, the woman he loved, and determined to uncover the truth behind this betrayal, James Bond is ready to fight a personal battle. A case of mistaken identity introduces Bond to the beautiful but feisty Camille (Olga Kurylenko), a woman seeking her own vendetta. Camille leads Bond to Dominic Green (Mathieu Amalric), a ruthless businessman and a major force within the mysterious organisation.
On a mission that leads him to Austria, Italy and South America, Bond discovers that Greene is conspiring to take total control of one of the world’s most important natural resources. In a minefield of treachery, murder and deceit, Bond allies with old friends in a battle to uncover the truth. (PTI)


Centre to introduce 82,000 scholarships per annum
New Delhi, Oct 27: The Centre will introduce 82,000 scholarships per annum under a new scheme for students from weaker sections for graduate, postgraduate and professional courses.
“The scholarships will be awarded to those who have scored a minimum of 80 per cent in 12th and belong to the non-creamy layer,” said sources in the Ministry of Human Resource Development.
“Candidates taking admission in graduation, post graduation studies in colleges and universities and professional courses such as medical and engineering will benefit from it,” sources added. The scholarships titled as ‘Central sector scheme of scholarship for college and university students’ will be equally divided among boys and girls.
The scholarship will be Rs 1000 per month at graduation level and university courses and Rs 2000 per month at the postgraduate level. (PTI)

Sadhvi’s passion for motorcycles led to her arrest
Bhind, Oct 27: Sadhvi Pragya Singh Thakur’s passion for motorcycles in her college days proved costly for her, as the vehicle used in the Malegaon blasts, registered in her name, led to her arrest, official sources claimed today.
The arrest of the sadhvi, a resident of Lahar town in Bhind district, in the Malegaon blast case shocked people in the area who knew her as “the girl with boyish looks”.
Her classmates recalled her as a straight-forward person who always stood for national and hindutva issues. An active member of the Akhil Bhartiya Vidyarthi Parishad since her college days, Pragya was known for her oratorical skills and raising issues related to Hindutva, apart from her passion for motorcycles, sources said.
As an ABVP leader, she was popular for her speeches and went on to become a known figure in the party circles even outside Bhind district. After gaining popularity in the state as a prominent ABVP activist, she left the student wing to become a sanyasin and started delivering religious discourses. (PTI)

‘Fight terror, communal strife by building bridges’
Mumbai, Oct 27: Actor-activist Rahul Bose says there is an urgent need to make secularism “active” by reaching out to different communities in small, everyday gestures like offering a lift to someone from another community or encouraging children to share lunch.
“It is the expression in small ways — like offering a lift on way to office to a person from another community, which makes a difference.”
“We can, for example, encourage our children to share their lunch with everybody. When there are festivals we can reach out to celebrate them with the other communities - the Muslims reaching out to celebrate Diwali and the Hindus to celebrate Eid. It is the simplest way of building bridges,” Rahul told IANS in an interview.
The actor also feels that it is important not to generalise about any community.
“Whether it is the attacks on Christians in Orissa, or terror acts in different parts of the country, it would do well to remember that while a terrorist might be a Hindu, not all Hindus are terrorists. While a terrorist may be a Muslim, not all Muslims are terrorists. But a feeling is growing that all Muslims could be terrorists.”
“That idea is extremely seductive. Throughout history it has been found that if you can blame your woes on one homogeneous group of people, it makes life simpler and governance easier.”
Is he in favour of banning organisations like the Bajrang Dal?
“I would be for banning any group, including the Bajrang Dal, if it is amply proved that it is behind terrorist activity. In my limited knowledge, organizations are banned because they are terrorist or anti-national, but after that has been conclusively established. We have to wait for that.”
However, Rahul pointed out, the larger question could not be ignored.
“Is seeking proof of an organisation being terrorist more zealous if it is non-Hindu and less zealous if it is Hindu? The answer today is a clear yes. The non-Hindu organisations are under greater scrutiny today. This is a failure of every single political party.”
Rahul is totally opposed to a toughening of the existing laws, being demanded by some groups.
“I am dead against it. If you can prove to me that a diligent execution of all legislation we have so far has been done, then it is fine. But we have not done it.”
Asked is the communal virus was creeping into Bollywood, he said: "I have never experienced it. If you took a cynical view, you would say everyone is obsessed with making money or becoming famous. If you didn't, then you will argue that they are truly fascinated with the medium, whether it is a village guy wanting to become a hero or the producer wanting to win an Oscar. It is the medium which dominates all other prejudices.”
Rahul received the Eminent Citizens Journalist Award by CNN-IBN for two stories he did - an interview with Johnny Joseph after the floods in Mumbai and the second for getting on the local train the morning after the bomb blasts in 2007 to discover for himself the so-called “spirit of Mumbai”.
“I asked people why they were travelling on the train. They told me they did not want to, but had to get to work. If they did not, they would lose their jobs. Their children had travelled an hour earlier to go to school.” Rahul said he found that the so-called “spirit of Mumbai” was created by people “looking for comfortable clichés”.
The explanation, he said, “was far simpler and more direct”.
Other than social work and acting, Rahul, who won accolades for his performance in films like Mr. & Mrs Iyer, Pyaar Ke Side Effects, Jhankaar Beats and Chameli, plays rugby too. He is supporting several social causes. (IANS)

Cows, goats and pedigree dogs — welcome to a prison farm
Thiruvananthapuram, Oct 27: Cows, goats, pedigree dogs and vegetable farming. Well, you could call it a sort of a farm, except it isn’t — it’s the Thiruvananthapuram Central Prison.
Situated in the heart of the city, it has come to light that the quarters of many jail officials of the Thiruvananthapuram Central Prison house cows, goats and pedigree dogs. These officials also maintain vegetable gardens which include tapioca plants.
According to media reports, every day many prisoners arrive at the quarters of the prison officials and carry out cleaning and other chores.
Breeding of dogs such as Alsatians and Dobermans brings in good money for those who run temporary kennels, the reports added.
The Thiruvanathapuram Central Prison is housed in an area of around 270 acres and has more than 1,000 prisoners.
The prison operations are managed by 125 wardens, 64 head wardens and two chief wardens, who belong to the Kerala Jail Subordinate Officers Association.
There are 55 staff quarters for these officials and another 15 for jail officials holding the rank of assistant jailor and upwards. The inspector general of police and director general of police (prisons) stay outside the campus.
The state government had in 1997 and 1999 banned the rearing of animals in staff quarters. (IANS)

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