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Thursday, December 25, 2008

BSP MLA Shekhar Tiwari held for Murder of PWD Engineer

PWD engineer Manoj Gupta was beaten to death allegedly by Bahujan Samaj Party (BSP) MLA Shekhar Tiwari's supporters in Uttar Pradesh.The incident occurred at engineer's house in Dibiyapur village of Auraiya district of the state over a PWD contract dispute.
Engineer's wife Sashi Gupta filed a report in local police station alleging some unidentified men barged into their house and beat up her husband.The men locked her in the bathroom and ruthlessly beat Gupta, the complaint said.The complaint further said BSP MLA Shekhar Tiwari came to the spot and later dropped severely injured Gupta to a nearby police station.From the police station, he was rushed to a hospital, where he was declared dead. Additional Superintendent of Police Sureshwar Mishra said MLA Tiwari who was absconding has been booked, along with two others. Reports said, Tiwari was trying to extort money from Gupta for birthday celebrations of UP Chief Minister Mayawati. Gupta had however refused to pay the amount.

Wednesday, December 24, 2008

Kasab to confess before magistrate

The Centre has asked the Maharashtra Government to get an in-camera judicial confession of Ajmal Amir Qasab, the lone surviving terrorist in the Mumbai attacks, before a magistrate under Section 164 of the CRPC that can be legally valid for pursuing the case in courts.
Once his confession is recorded, the government will consider the demand of the foreign governments to allow their agencies to independently interrogate him, the sources said, referring to the demand made by British Prime Minister Gordon Brown on Sunday to let his Scotland Yard sleuths talk to him.Sources said India is open to questioning of Qasab by foreign agencies like Scotland Yard and FBI, but not immediately as it may impinge upon the ongoing investigations by the Mumbai Police.
First his confession be recorded before a court and then the foreign agencies will be given an access to him as that will help further in nailing Pakistan's lies about those who carried out the carnage in Mumbai, sources said.They said the government already has an hour-long video-taped confession of Qasab, copies of which have been provided to the US and the UK and also presented before the United Nations Security Council to get its fiat issued to Pakistan.
The video tape, however, has no legal value and hence the need to record the confession before a magistrate, the sources said. Though the government has not provided this confessional evidence to Pakistan so far, sources said it must have, however, already reached Islamabad [Images] through the international interlocutors as also from its representative in the United Nations where the video tape is available. They said the government will be, however, forwarding the confession that Qasab makes before the court to Pakistan.
Sources said the External Affairs Ministry would forward a lengthy letter written by Qasab to the Pakistan High Commission and also urge upon it to take the custody of the bodies of the nine other terrorists lying in the JJ Hospital mortuary in Mumbai. All these terrorists were Pakistani national and hence it is imperative on the High Commission's part to take back their bodies to hand over them to their families in Pakistan for burial, sources added.

Kasab’s custody till jan 6
Ajmal Kasab - the lone terrorist captured alive after the 26/11 terror strike in Mumbai - has once again sought the help of the Pakistan High Commission for a lawyer, but Pakistan is still refusing to accept his nationality.On Wednesday, Kasab told the magistrate who was presiding over his custody hearing that he wanted to contact the Pakistan High Commission for his legal defence.
This is the second time that Kasab has asked Pakistan for legal aid - more than sufficient proof that he is a Pakistan national. The first time that he had done this was when he had written a letter to the Pakistan High Commission, a few days ago.Kasab has also been booked in the case of hijacking a Skoda car near Girgaum Chowpatti and fleeing in the same car along with another terrorist and remanded to police custody till January 6, 2009 by Additional Chief Metropolitan Magistrate NN Shrimangle on Wednesday.In his letter he had claimed that he and the other terrorists who had been killed in the attacks were Pakistani and had sought a meeting with the Pakistan High Commission. However, Islamabad did not pay heed to his request, saying he was not a Pakistani.

UP engineer lynched by BSP MLA

An executive engineer of the Uttar Pradesh Public Works Department was beaten to death allegedly by a BSP MLA and his supporters after he is believed to have refused to pay them a huge sum for birthday celebrations of Chief Minister Mayawati next month.
BSP MLA Shekhar Tiwari and his two associates - Manoj Tyagi and another surnamed Bhatia - forcibly entered the house of engineer MK Gupta at Gail Vihar Colony in Diviapur police circle here last night and started beating him up severely, according to a report lodged with the police by his wife Shashi Gupta.
It said they locked Shashi in a bathroom and continued beating her husband and later left the seriously injured engineer at Diviapur police station in the district, about 100 kms from Kanpur. Gupta was declared dead after being taken to a hospital."An FIR under various sections of the IPC, including 302 (murder), has been lodged against the MLA and his two associates at Diviapur police station," Station House Officer Hoshiyar Singh told us. Additional Director General of Police (Law and Order) Brijlal said in Lucknow that the MLA called up the police station at around 3 am saying a man was indulging in "hooliganism" and that action should be taken against him."The MLA later left the seriously injured engineer at the police station at around 3.30 am and went away.
An FIR is being registered against the MLA and others and the guilty will not be spared," he told reporters."We are looking for Tiwari, who is absconding," he said. Though police refused to comment on the motive of the murder saying that investigation was on in the case, family members of Gupta alleged that Rs 50 lakh was demanded from him by the MLA as donation for celebrations of party chief Mayawati's birthday falling on January 15.Senior police officials, including the Inspector General and the DIG of Kanpur Zone, have reached the spot to probe the incident.Police sources said that the issue of how the police personnel dealt with the situation would also be looked into.
Protesting against the incident, PWD engineers across the state have decided to go on a strike, UP Engineers Association General Secretary SS Niranjan said.The engineers have demanded that a compensation of Rs 25 lakh be paid to the family of the deceased and his wife be given pension equivalent to the last salary drawn by him, he said. The engineers have also sought an assurance from the government that adequate security would be provided in future to the field staff.
Demanding the immediate arrest of Tiwari, Samajwadi Party state president Shivpal Singh Yadav alleged that a target of collecting Rs 1000 crore was set by the Chief Minister for party MPs, MLAs and ministers.Terming Auraiya incident as a result of "pressure" on BSP leaders to collect money to meet the target for Mayawati's birthday, Yadav claimed that even police officers were involved in "extorting" money for the event."The occurrence of Auraiya-like incidents will continue in the state if the Chief minister herself keeps setting targets for collecting money for her," he said.(pti)

Monday, December 15, 2008

Arbitrary and illegal arrest of Lenin Roy

-Dr Nutan Thakur

Lenin Kumar Roy, the editor of Nishan, a Left oriented quarterly magazine published from Bhuvaneshwar (Orissa) was arrested on 07-12-2008 around 1-1.30 P.m and sent to jail on charges of writing provocative literature which as per the police version and the official report would disturb communal peace and harmony. The police did not stop here. It also arrested two employees of Sovan Press, Bhubaneswar, after conducting a raid on it for printing the book `Dharma naanre Kandhamalre Raktara Nadi' published by Lenin Kumar. This was done at the Sahid Nagar Police Station. When the activists came to know of this from Mrs Rumita Kundu, Lenin's wife, they contacted the officer in-charge of police station in the night who told them that he had been picked up for verification and he would be released within one hour or so.
In the meantime, the police was planning something nefarious. They were writing down documents preparing grounds for his so-called "Maoist links". The said book was alleged to be `Maoist literature'. Next day, he was produced in the court and the police alleged crime under Section 153-A and 295-A of IPC which relate to `publishing provocative literature which can disturb communal peace and harmony'. The police cited page 38 to 41 of the above book. And what do those pages have in them? They produce a letter allegedly written by the RSS to its members for anti dalit, anti minority activities and also have some of Lenin's comments on this.
So, in India (and particularly in Orissa) it is a crime to write anything against the RSS or to produce an RSS letter or to comment upon it- more so if the government is supported by the BJP!
But the actual reason goes even more deeper. In reality, Lenin had become a pain in the neck for the Navin Patnaik government which has completely failed in protecting the minority rights in the Kandhamal episode and has proved to be blatantly partisan and completely ineffective on law and order front. Unfortunately, he has been consistently raising voice of dissent for last one year or so in the pages of Nissan on all these related matters, a fact that was to great distaste of the establishment, be it the Chief Minister and his party or the supporting ally BJP. In August 2008, Nishan was labeled as a Maoist organ by SP Jagatsinghpur though the editor had protested this allegation.
This is not the lone instance of the Orissa government coming up heavily against the dissenting members of the intelligentsia and the media who are critical about the government's activities. A few months ago, Rabindra Prasad Panda, a prominent Oriya writer, was sent to jail by the Orissa government for writing a book, using
similar Sections of the IPC.
Thus as the NDTV has rightly said- "Orissa cops have taken the term gag order to a new level altogether." I am never able to understand what does the police force in this Nation want to prove by arresting people like Lenin Ray. Is it not completely shameful and highly deplorable and atrocious? What is Lenin's fault- that he writes Maoist literature, that he speaks the language of Marxism, Leninism and Communism? Is this a free country we are living in?
I don't think there can be anything more condemnable than this- to arrest a magazine's Editor just because he sympathizes for a cause which every right-minded must be and internally is. I have not seen any sensitive person in the world who is not sympathetic to the poor and the downtrodden, who does not want all these differences and economic disparities and exploitations to end, who wants every
person to be able to live a good life.
While the police force of this country is completely helpless before the terrorists and the extremists who kill them whenever they feel like, they never leave a chance to arrest such law-abiding and righteous persons who have a definite purpose in their life and are sacrificing it for the common man.
I don't know what will happen to our country where such local dictators who only want bards and sycophants around them. While it can be the case with the political persons, how can this be true also with the intellectuals and the Media? Is this the way our Constitution makers had envisaged our Chief Ministers and governments to behave? The Media is known as the fourth estate and the watchdog of a democratic society. But can any society function properly if its chosen representatives are so intolerant, biased, personally stymied and spiteful as to pursue matters on a personal level and stop any person from expressing his/her views.
Lenin's arrest is a blot on our society and must be resisted by each one of us as an example of complete dictatorship. Is this a free Nation?

Saturday, December 13, 2008

CRIME AGAINST WOMEN

INCIDENCE RATE

2006 : 1,64,765 2006 : 14.7

2007 : 1,85,312 2007 : 16.3

• Andhra Pradesh reported 13.3% of total such cases in the country (24,738 out of 1,85,312). Tripura reported the highest crime rate (30.7) closely followed by Andhra Pradesh (30.3) as compared to the National average rate of 16.3.

• The proportion of IPC crimes committed against women towards total IPC crimes has increased during last 5 years from 7.6% in 2003 to 8.8% during 2007.

• Madhya Pradesh has reported the highest number of Rape cases (3,010) accounting for 14.5% of total such cases reported in the country.

• Andhra Pradesh has reported 30.3% (3,316) of Sexual Harassment cases followed by Uttar Pradesh 26.3% (2,882).

• Only Bihar (56) and West Bengal (5) have reported cases of Importation of Girls.

• Tamil Nadu reported 33.6% of cases under Immoral Traffic (Prevention) Act (1,199 out of 3,568).

• Indecent Representation of Women (Prohibition) Act cases decreased by 23.2% (from 1,562 in 2006 to 1,200 in 2007).

• Andhra Pradesh with 1,005 cases has accounted for 83.8% of cases under Indecent Representation of Women (Prohibition) Act at the National level.

• No case under Sati Prevention Act was reported across the country during the year 2007.

• Incest Rape cases decreased by 6.0% in 2007 over 2006 (from 431 in 2006 to 405 in 2007).

• West Bengal reported 28.1% of total Incest Rape cases (114 out of 405).

• Offenders were known to the victims in 92.5% of Rape cases (19,188 out of 20,737).

• Among 35 mega cities, Delhi city reported 29.5% (524 out of 1,775) of total Rape cases, 31.8% cases (1,021 out of 3,207) of Kidnapping & Abduction of Women, 15.6% cases (111 out of 711) of Dowry Deaths, 14.2% cases (1,711 out of 12,031) of Cruelty by Husband and Relatives and 21.5% cases (744 out of 3,463) of Molestation.

• 49.9% conviction was reported in the country in Sexual Harassment cases (3,708 convictions out of 7,436 cases in which trial werecompleted).

Saturday, November 29, 2008

Friday, November 28, 2008

most tragic incidents in India's history

by-AMITABH THAKUR
Though this does not concern our group exactly, but as we are all aware, the incidents in Mumbai, which are still not completely over, in which ATS chief of Mumbai Police Hemant Karkare -- who was investigating the Malegaon blast case, Additional Commissioner Ashok Kamte, noted encounter specialist Vijay Salaskar, ATS sub-inspector Sudhir Dalvi and many other police officers were killed in different accidents during a series of encounters in Mumbai, must be among the most tragic and gruesome incidents in Independent India's history. This is more bizarre and unthinkable than I could even have dreamt.
54-year-old Mr. Karkare, who was the 1982 batch Indian Police Service (IPS) officer, held a Bachelor of Engineering degree from Vishveshvarayya Regional Engineering in Nagpur. Before joining ATS, he was aslso with the RAW (the external intelligence wing of our country) for nine years . For a long time, he also served in the
Naxalite-infested Chandarpur area of the state. He had solved the serial bomb blasts in Thane, Vashi and Panvel. He was credited for the stunning revelations in the investigation of the September 29 blast in Malegaon goes to his credit. He was known for his discipline and fair investigation. During the Malegaon investigation, Karkare had told his officers not to create false evidence, said, "We have done our job and it is for the court to decide." During the Malegaon enquiry, he was subjected to a lot of criticism from many quarters. He even got a threat of his house getting blown up. His brave act of fighting the terrorists ended in tragedy Additional police commissioner Ashok Marutirao Kamte had served as Commissioner of Police for Solapur District earlier to his current posting. He was an IPS officer of 1989 batch. He also got killed in a shootout at the Metro Cinema in Mumbai long with Hemant Karkare and Vijay Salaskar. He was a Graduate from The Rajkumar College, Rajkot in 1977, was a body builder and power-lifter who had won six gold and silver medals in power-lifting and held three records for the sport. He was also DCP, Zone 1in Mumbai, and was known as a key officer in the state police, who had always been in the thick of the action.

Vijay Salaskar, who was reportedly sidelined for the last two years for unearthing the gutka-underworld nexus, was recently attached to the crime branch, where he currently headed the anti-extortion cell. An officer of the 1983 batch, Salaskar in his 24 years of service has eliminated many criminals. Amar Naik, Jaggu Shetty, Sadhu Shetty, Kundan Singh Rawat, Zahoor Makhanda are some of the gangsters who had fallen to Salaskar's bullets. He was also known to have acted in a real tough manner against Arun Gawli. He had killed his two trusted men, Sada Pawle and Vijay Tandel, in 1997 during an enclounter. Gawli remained rightly scared of Salaskar all through.
There can be no denial to the fact that this is not only a great moment of tragedy for India but is also one for the highest concern. We must pay our highest tributes to these slain police personnel who laid their lives for the sake of their nation-making the supreme sacrifice and must also pray for the peace of all the departed souls.

Thursday, November 27, 2008

Terrorist attack in Mumbai

THE sheer scale and audacity of the assault were staggering. Gangs of well-armed youths attacked two luxury hotels, a restaurant, a railway station and at least one hospital. Gunfire and explosions rang through Mumbai overnight on November 26th-27th and through the next morning. By Thursday November 27th more than 100 people were reported to have been killed, and the toll seemed likely to rise. Several foreigners, including some from America, Japan and Britain, were among the dead. So were over a dozen policemen, including Mumbai’s chief counter-terrorism officer. Up to 100 hostages, including selected American and British guests, were alleged to be held hostage inside a hotel.

Even in a city—and country—with a grim record of terrorist violence, these were extraordinary scenes. The attacks started at around 10.30pm on Wednesday, when gunmen started shooting and throwing grenades at Mumbai’s main Chhatrapati Shivaji Terminus railway station. Television footage showed two men shooting at random as they drove through nearby streets in a stolen police jeep.

Around the same time, a bomb was reported to have exploded in a taxi parked near the city’s main airport. More or less simultaneously, gunmen speaking Hindi and Urdu, the language of many north-Indian Muslims and of neighbouring Pakistan, stormed two hotels—the Taj Mahal and the Trident Oberoi—and Café Leopold, a restaurant popular with tourists. Police outside the Taj Mahal, India’s most famous hotel, lapped by the Arabian Sea, said gunmen arrived there by inflatable dinghy. In the early hours, a gunfight erupted on Marine Drive, the scenic coastal road seen in so many Bollywood films, in which another Mumbai police chief was killed.

As dawn broke, flames were rising from the domed roof of the Taj Mahal. Navy and army commandos, who had retaken the hotel’s lower floors and killed two terrorists, reported bodies in many rooms and perhaps half a dozen terrorists still living. A trickle of terrified employees and guests, some with gunshot wounds, continued to flee the building. One fugitive, Amit, a hotel-restaurant manager, said his chef had been hit by three bullets and many colleagues remained inside. A few badly-injured survivors were wheeled from the hotel on brass luggage-trolleys. By midday on Thursday most of the hostages were reported to have been released from the hotel, although there were reports of further shooting.
Meanwhile at the nearby Trident Oberoi, as many as 100 hostages were reported still to be held. Gunfire and explosions were reported from the upper storeys of the building.There seemed little doubt that the attackers were Muslim militants of some description, but their exact provenance was unclear. Responsibility was claimed by a previously little-known group called the Deccan Mujahideen. Speaking to Indian television by telephone, a gunman holding hostages in the Trident Oberoi demanded that Muslim prisoners, including those captured in Kashmir, should be released from Indian jails. “Release all the mujahideens, and Muslims living in India should not be troubled,” he said.
In the past five months India has suffered from a spate of Islamist militancy, with bomb-blasts in half a dozen cities, including Delhi, Bangalore and Jaipur. A home-grown Muslim terrorist group, the Indian Mujahideen, has been blamed for the spree, in which over 150 people were killed. In a chilling, 14-page admission of responsibility for the Delhi bombings in September, the Indian Mujahideen castigated the counter-terrorism efforts of Mumbai’s police, and promised Mumbaikars future “deadly attacks”.
As India’s first indigenous Muslim terrorist group—so they have often been described—the Indian Mujahideen are a worrying sign. They seem to have evolved from a decade-long campaign by Pakistan-based militants, including many fighting an insurgency in Kashmir, to incite India’s 140m Muslims to revolt. These groups have been held primarily responsible for half a dozen major terrorist attacks in Mumbai in recent years. In 1993 local Muslim gangsters backed by Pakistan-based militants set off 13 near-simultaneous bomb-blasts in the city, killing more than 250 people. In 2006 another co-ordinated bombing spree on Mumbai’s railway killed over 180 commuters. A Pakistan-based group, Lashkar-e-toiba, was blamed at the time.
This week’s attacks in Mumbai seemed different, however. Attacks by bands of gunmen on numerous targets, instead of the mere laying of bombs, and the seizure of so many hostages, led to speculation, unsupported by evidence, that local militants in India could not have mounted the attacks without considerable foreign help. And the targets chosen—world famous hotels and Western tourists—was a new phenomenon for India, despite being a pattern familiar from attacks directed or inspired by al-Qaeda elsewhere in the world.
Al-Qaeda has often threatened to launch strikes on India. In 2006 Arab terrorists belonging to the organisation were foiled in an attempt to set off bombs in Goa, India’s main destination for foreign tourists. Among the targets of the latest attacks was a Jewish religious centre in southern Mumbai which was reported to have been attacked by the gunmen. Police said that an Israeli rabbi and his family were among a group being held as hostages in a nearby apartment block.
Despite these worrying signs, Indian officials have so far resisted suggestions that Indian Muslims are being radicalised and joining a global jihad. Many refer approvingly to the observation of George Bush that Muslims from India have not in general turned up to fight the infidels on the battlefields of Iraq and Afghanistan. But security analysts have meanwhile despaired at the unpreparedness of India’s security agencies to counter a domestic Islamist threat. Whether or not al-Qaeda was behind the latest attack, that happy complacency must now have ended. (reuters)

Wednesday, November 26, 2008

Statement of BHRPC on the Death of a young journalist

Barak Human Rights Protection Committee (BHRPC), a human rights organisation based in Silchar, Assam expresses agony and grave concern at yet another cruel and untimely death of a young journalist caused by unidentified gunmen. Mr. Jagjit Saikia, a Kokrajhar (Assam) based reporter, who worked with "Amar Asom", a local daily in the Assamese language, was reportedly shot at by miscreants on November 22 afternoon in Kokrajhar town which caused his death. BHRPC categorically condemns this cowardly act and sends condolences to the family members of the deceased journalist and extends solidarity with the media fraternity.

BHRPC sees it not only as another blow to the media, which is regarded as a pillar of democracy, but also as the naked manifestation of the brutality to which the continuous assault on the right to freedom of thought and expression guaranteed under
Article 19(1)(a) of the Constitution of India has reached. The State and Union Governments are under obligations in International Human Rights Law as well as duty bound under the Law of the Land to ensure the exercise of this inalienable human right by its citizens. It is evident from this and other such incidence of attack on the media and the people's right to freedom of expression including the incidence of death of Konsam Rishikanta, a trainee sub-editor of The Imphal Free Press, an English daily of Manipur on 17 November, at the hands of unidentified shooters that the Indian State is miserably failed to protect basic human rights of the citizens.

BHRPC urges the Union and State Governments:
1. To conduct prompt, objective and transparent investigations into both of the incidents.
2. To bring the perpetrators of these ghastly acts to book and punish them as per law.
3. To pay adequate compensation to the dependants relatives of the deceased.
4. To ensure security of the life of journalist.
5. To protect the right to freedom of expression and thought of the people by going hard on those elements who pose threat to it. BHRPC also wrote Urgent Appeal to the Prime Minister of India sending copies to the Home Minster of the Union Government of India,Chief Minister of Assam and others conveying these demands.(by-Waliullah Ahmed Laskar, Liaison Officer,Silchar,Assam,India)

Murder of a young journalist

A young journalist Konsam Rishikanta Singh in Manipur . He was killed on 17 November 2008 near Second Sangai Home, Langol Hill range by unknown armed personnel suspected to security forces. Not even twenty, Konsam was Junior Sub-editor, Imphal Free Press and was also pursuing B.Sc. 1st Year, Standard College, Kongba. The autopsy conducted at the morgue of the Regional Institute of Medical Sciences stated that the body bored three bullet injuries one below the chin and two at the chest. He belonged to a very ordinary family. His father holds a Diploma in Electrical Engineering but is unemployed and mother is a housewife.
He has two unmarried sisters. He was good in studies, hard-working and was an idealistic person. He dropped out from college in the year 2007 so that his sister could continue her studies without isturbances. He demise has caused great irreparable loss to the family.
The killing of the young, energetic, struggling and dedicated journalist Konsam Rishikanta Singh in Manipur, supposedly by the bullets of the Armed Force personnel, is another sad and condemnable incidence on the face of Indian democracy. No one knows how many innocent people these defence personnel have killed in their bloodthirsty way. What is even more hurting and serious is the manner in which these forces behave in the aftermath of such incidents. Instead of taking the responsibility and iterating their commitment to take the guilty personas to task, these forces believe in the only policy they know best- " to out rightly reject such accusations and to start cribbing about the poor, hostile and tough conditions in which they are forced to work".
The end result is always that the poor and helpless people are forced to keep their mouth shut and to accept their fate as it is. This has happened so many times and this might happen again in the case of Konsam Rishikanta. Thus, it is very important that all of us, who are in any way, concerned with the Human Rights activities and are in the field of intellectual field and social justice, musty join hands together and resist such one-sided extreme highhandedness and outlandish/ criminal behaviour of the Armed personnel and must struggle to get the accused punished.
On 18 November 2008, the All Manipur Working Journalist Union (AMWJU) held an emergency meeting at the Manipur Press Club and condemned the killing. In the afternoon, a silent rally was taken out and a memorandum was submitted to the Chief Minster of Manipur with the following demands:
Constitute a judicial inquiry to find out and punish the culprit(s) Award compensation to the bereaved family as per center's scheme for victims of terrorist violence. Ensure a sense of security in the minds of journalist and take necessary measures for protection of the working journalists of the State. But so far the Government of Manipur has not come out with any concrete steps, I fully agree with the three demands put forth by the Manipur Journalist association. But it seems to me that even more important is the basic requirement of registering an FIR in this regards, if it has not already been registered, as per the free will of the slain journalist's family members. It is only then the wheel of law will start moving at all. (Dr Nutan Thakur)

Tuesday, November 25, 2008

Two arrested in Panchkula rape case

Three persons, including the arrested, were booked for the crime after a case was registered based on a complaint filed by the 35-year-old woman against them on Sunday. Police today arrested two army personnel for allegedly raping the wife of an IAF cadre at the Western Command hospital in Haryana's Panchkula district.
"The two main accused-Hottam Singh and Iftikhar Khan, working as nursing attendants at the army hospital, have been arrested and further investigations are on," Senior Superintendent of Police (Panchakula) Sandeep Khirwar said over phone.Three persons, including the arrested, were booked for the crime after a case was registered based on a complaint filed by the 35-year-old woman against them on Sunday.A defence spokesperson said the two main accused belonged to Army Medical Corps and were posted at the hospital which falls in Chandimandir, the Army's Western Command headquarters.Panchkula police have moved a formal request to the army, seeking the custody of the two accused as they are army personnel.The police had also recorded the victim's statement before the judicial magistrate in Panchkula.Police said that in her complaint the victim, who is a native of Bihar and is currently residing in Terminal Ballistics Research Laboratory (TBRL) quarters at Panchkula, alleged that she had gone to the hospital in Chandimandir on Saturday for physiotherapy.

Once she was through with the treatment, she went to see one of her relatives who was admitted in the hospital. On her way, she was dragged to a nearby room by three men who raped her.While Hottam Singh, a native of Madhya Pradesh is working as the documentation in-charge of the neuro-surgical ward, Iftikhar, a resident of Bihar, joined the nursing staff of the same ward around seven months back.

The victim, in her complaint, alleged that Singh also asked her not to disclose the incident to anyone and threatened that it had been recorded and the footage would be made public in case she did so.The woman has been living with her son after her husband was recently transferred to Jamnagar Air Force Station in Gujarat.A FIR had been registered under various sections of the IPC, police said. (pti)

Two MBA students held for kidnapping 15 year old Boy

In a kidnapping case in Delhi, six students including two MBA students were arrested on Sunday evening by the South Delhi police. The accused had kidnapped a 15-year-old student of Gyan Bharti school and were demanding a ransom of Rs 80 lakh to cover up their losses in the share market.

According to the police, the two MBA students had planned the kidnapping along with a cousin to make up huge losses suffered by them in the share market. The trio had also hired some criminals to execute their plot. The 15-year-old Class IX student was on his way to school on Thursday morning along with a friend when Rohit, Piyush, Dilip and Ramesh accosted the two in their silver Hyundai Getz car. As per the plan, the men asked the two about the way to the teenager’s house. The teenager readily agreed to accompany them home, taking them to be distant relatives. The men drove away instead to a secluded house at Sukhrali village in neighbouring Gurgaon and locked up the teenager in a room. The house had been taken on rent from one Suresh Ahlawat on the pretext of using it as a godown and Rs.15,000 had been paid as advance.

When the boy did not return home after school, his brother-in-law got a case registered at the Saket police station. Soon the family started receiving ransom calls demanding Rs.80 lakh for his release. The teenager’s father had died a year ago and he had been living with his mother and a sister in Saket. During investigation, the police found that the Haryana registration number of the car was a fake. They were then tipped off that a car with four young men and a schoolboy had been spotted in Sector 17 of Gurgaon.“Following the input, the police team carried out house-to-house enquiries and the car was found parked in a plot belonging to Suresh Ahlawat in Sukhrali. Based on Suresh’s interrogation one of the accused was identified as a friend of the teenager’s first cousin. He was questioned and he confessed to having kidnapped the boy along with his friends Piyush and Rohit. The three had hired a gang for Rs.1 lakh,” said Deputy Commissioner of Police (South) H. G. S. Dhaliwal on Monday.
The cousin had a longstanding property dispute with the teenager’s family and bore a grudge against them. He purportedly discussed his plan to kidnap the boy with Rohit and Piyush, whom he had met at a hairdressing saloon in Gurgaon and struck a friendship. Rohit and Piyush, both MBA students, readily agreed as they had suffered heavy losses in the share and property market and wanted to recoup as much as they could. Saloon owner Praveen Kashyap also joined the trio to make some quick money and introduced them to Dilip and Ramesh, who had a criminal past. (the hindu)

DRIVEN BY GREED
Piyush Jain (24) is an MBA student in IMT Ghaziabad. His friend Rohit Chopra (24), enrolled in Ignou’s MBA course, is a property dealer in Gurgaon. The duo together lost around Rs 80 lakh in market meltdown. That was the ransom demand to Arjun’s mother Kidnapping allegedly conducted by 21-year-old Bharat Jhamb, Arjun’s first cousin. He was reportedly unhappy with his share of ancestral property that got divided 3 years ago between his father and Arjun’s father. (tnn)

Monday, November 24, 2008

ATS is torturing me, says Sadhvi Pragya

Malegaon bomb blast accused Sadhvi Pragya Singh Thakur filed an affidavit in a Nashik court, accusing the Anti-Terrorism Squad (ATS) of torturing her and violating her human rights.
In her six-page affidavit before the court of Joint Senior Civil Judge H.K. Ganatra, Pragya demanded an inquiry into her "physical, mental and psychological torture" by ATS officers, her illegal detention, and narco-analysis tests conducted on her.Terming her arrest as "politically motivated", she said she was beaten up so badly that at one point, she contemplated committing suicide.She said her disciple Bhim Singh Pasricha, whom the ATS picked up along with her Oct 10, was ordered by the police to beat her up with a stick and a belt.

Complaining that the ATS sleuths too beat up both of them, she told the court that she was given only liquid diet, lodged in a hotel and admitted to two hospitals in Mumbai before her formal arrest.The judge said he would give his ruling on the allegations of torture Nov 29."The ATS police came to pick me up from Bhim Singh’s residence in Surat on October 10 for interrogation and suggested that I took my father along,” the Sadhvi said in the sworn affidavit. She said she declined to bother her father in view of his old age and suggested that Bhim Singh would accompany her instead.“For the first two days after my detention, the police kept shouting at me. They asked me about the motorcycle (in which the bomb that exploded in Malegaon was placed). I told them I don’t know anything as I had sold the vehicle," she said.The 38-year-old woman, who is receiving maximum media attention and support from a cross-section of Hindutva orgainsations, said that when the ATS sleuths did not get any information from her in two days, they ordered Bhim Singh to beat her with a stick and a belt on her fore-arms and feet. He refused to do this, saying she was his guru.

Noting that her disciple had to finally comply with the police's orders when they beat him up, Pragya said: “Bhim Singh beat me up softly, and infuriated at this, two ATS officers - one, named Khanvilkar, and another with a moustache - beat me up hurling filthy abuses." She said she and Bhim Singh were taken to Hotel Rajdoot in Nagpada Oct 15 and lodged in two rooms. “I was then admitted to the Sushrut Hospital in Dadar (in Mumbai) and then to another hospital on a hill," she said in the affidavit.She said the cops forced her to call a woman disciple from her mobile and tell her that she was alright. She added that on account of "the custodial violence/torture, mental stress, anxiety that were developed in the process, I was subjected to, I developed acute abdominal and kidney pains. I lost my appetite, became nauseous and giddy and prone to having bouts of unconsciousness".

Mahesh Jethmalani, senior counsel representing Pragya, said she had made the allegations against the ATS "on oath" and now the court's directions on it were awaited."She was not allowed proper access to her lawyers, that's why she has filed it now," Jethmalani told IANS in the evening, when asked about the delay in filing the affidavit.Pragya said she was "totally innocent of any offence whatsoever" and accused the ATS of violating her human rights.She contended that while initially she was "painted as a sinister mastermind of the Malegaon blast, that role has now been reassigned by the ATS to Lt. Col. Shrikant Prasad Purohit".

The court, meanwhile, extended the judicial custody of the sadhvi and seven other accused till Nov 29.Special public prosecutor Ajay Missar, representing the ATS of the Maharashjtra police, argued for extension of remand for the accused on grounds that the investigations into the Sep 29 Malegaon blast, which left six dead and 20 injured, were still continuing.[IANS]

Lady raped at Army Hospital

An airman's wife was raped at the Command Hospital Chandimandir Cantonment of Army's Western Command near Chandigarh on Friday 22nd of november' 2008. A case was registered on next day.
Panchkula Superintendent of Police Sandeep Khirwar confirmed that a criminal case has been registered."Criminal case under Sections 376, 506, 294, 354 of IPC has been registered against the accused. She has been medically examined. But no one has been named so far. Army has given positive response and helped with investigation," Sandeep Khirwar said."Preliminary tests have been done and the tests by forensic labs are still to come in," he added.
The 38-year-old victim, who had gone for physiotherapy, was allegedly dragged to an empty room near the Neurological Ward and raped by the duo.The lady reportedly told police that a third person was filming the entire incident. After raping the woman, all the three threatened her and asked her not to disclose the incident else they would circulate the video clip. Police sources, however, say that they have not arrested the accused as all are from the armed forced and police will have to liaison with the defence authorities. Army officials have extended support to the police saying they will cooperate in the investigations.Meanwhile, Defence Ministry has contested the rape charge. A ministry official said that the medical examination of the alleged victim under supervision of Haryana Police did not confirm rape.(dna)

Saturday, November 22, 2008

'Lady don' of Hyderabad arrested

A woman history sheeter, who has evaded the law for the last four years, was arrested and sent in judicial custody, police said. The Malkajgiri police here executed a non-bailable warrant pending against her since 2004. A case was registered against Farah Fatima, also known as the `lady don' of Hyderabad, under IPC Section 309 (attempt to suicide) as she had attempted to commit suicide inside the police station after being picked up as part of investigation in a criminal case, police added. Farah has been sent to Chanchalguda jail here, Malkajgiri ACP R Ravinder Reddy said.

Who is LADY DON?
If you spot a woman zooming by on a motorbike, think twice before confronting her. For you never know, you may be talking to Farah Fatima-the lady Don of Hyderabad, who was recently arrested for threatening a businessman to pay extortion money.Leader of a gang of 22, she is known to be the queen of extortion and murder. A motorbike entry and a shower of expletives often herald her arrival. Says deputy police commissioner, Harish K Gupta, “She is a very aggressive woman and there are always a dozen guthka packets hidden in her dupatta or burkha. Hyderabad has not seen lady criminals of this type whose language and mannerisms even put us to shame.”

The businessman, whom Fatima threatened, went to the police and registered a complaint against her. Says Gupta, “She would go at night on her motorbike to the businessman’s house and ask him to pay money. In many such cases, the businessmen pay up and do not even complain.” Fatima is presently cooling her heels in judicial custody and the police are happy that they have some reprieve from her. Short in stature, Fatima has been booked as a rowdy sheeter since 1992. Her first husband, Mir Khaisar Ali, introduced her to the world of crime.

Interestingly, Fatima not only has a SSC certificate but also a nursing degree. “It is just greed for easy money that made her step into this business,” claim the police. Ali taught Fatima her tricks of extortion, land grabbing and “settling” of disputes. As the gang members grew in number so did the influence of Fatima. The police allege that Fatima killed Ali over a land dispute.In the early 1990s Fatima used to operate only in Cyberabad and near Maula Ali. But after the death of Ali, she shifted base to Old City. She also married one Sujjad Ali who helped her in the functioning of the gang. In the old city, Fatima was flooded with requests from a large number of landowners to help them evict tenants. This set up a flourishing business for her. But those who could not take it any more, sent anonymous petitions to the police commissioner’s office. These made the cops book a case against her in 1992. Later they also booked her under the Dangerous Activities Act. Now they are keeping a close tab on her activities before the Ganesha festival, so that the gang’s extortion activities can be contained during the time. (TOI)

Rahul was not shot from close range

Putting an end to all speculation surrounding the death of Patna migrant Rahul Raj Singh (25), the ballistics report on the case has given a clean chit to the Mumbai police. Rahul was shot dead after he held a BEST bus hostage on October 27. CM Vilasrao Deshmukh had asked for a probe to find out whether Rahul was shot at point blank range.
The State Forensic Science Laboratory (SFSL), Kalina, handed over the report to the police yesterday. Joint Commissioner of Police (Crime) Rakesh Maria confirmed receiving it and said, "Rahul's clothes that were sent for examination have not shown any black powder residue around the entry points of the bullet injuries and the shooting did not take place within the powder range." Powder range, a ballistic term, means a three metre distance from the target. The police have also sent Rahul's skin samples for testing to the SFSL. A forensic expert explained that Rahul's skin would be tested only for the presence of gunpowder. Forensic experts have given a clean chit to the police team which shot dead Rahul Raj, a Patna resident who hijacked a BEST bus at Kurla on October 26' 2008. There was a political uproar following the shooting and some Bihar politicians had alleged that the youth was shot dead in cold blood. The state government then launched a formal inquiry into the shooting.

The chemical analysis report said that there was absence of blackening and powder residue around the periphery of bullet holes on Raj's skin. It further says that the injuries are far "beyond the powder range of the weapon''. This means that the bullets were fired from a distance of at least four to five metres. The three firearms -- a 303 rifle and two 9 mm pistols -- from which the bullets were shot at Rahul, were sent for ballistic examination. The ballistic expert report which is also attached with this report says that the police weapons were in perfect working condition, ruling out the theory that the firing was from close range.

Four bullets, all fired from pistols, hit Rahul on his chest and face.

The FSL expert also examined the BEST bus frame which was pierced by some bullets in the exchange of fire. "After examining everything in minute detail, it is now concluded that the police team fired from a safe distance of around five metres and above,'' said an FSL official on condition of anonymity. The officials of Grant Medical College also told chief secretary Johny Joseph during the inquiry that prima facie, Raj was not shot from pointblank or close range.

Rahul Raj, who had held the BEST bus passenger hostage on October 26, on Andheri Kurla road was gunned down by the police. Rahul Raj had claimed that he had come to kill MNS chief Raj Thackeray over latter's drive against Biharis. Rahul had tried to strangulate the bus conductor and had even fired two rounds in which a passenger Manoj Bhagat received a bullet injury. A day after the post-mortem, Dr B G Chikhalkar, part of the post-mortem team, had said there was a dark mark around the bullet injury on the face, indicative of the fact that the bullet was fired from close range. But Dr Chikhalkar, who had repeated this statement on TV, soon retracted what he had said.

Friday, November 21, 2008

Leaky journalism

It is abundantly clear that the Police use the media to cover up unprofessional and weak probes. Should the media oblige whether it involves Jihadi terrorists or Saffron terrorists? Asks S R RAMANUJAN Nov
18, 2008.

Thanks to the over-zealous investigative agencies of different states, not just the Mumbai ATS, and the collusion of the TRP-dependent television media with such agencies for "leaks", the image of the media, especially the news channels, is deteriorating at the same speed with which they "break" the news, reliable or not so reliable.Just prior to Malegaon blasts in September this year, we were fed with liberal doses of "jihadi terror" stories and the anti-terror squads in different states came out with quite a few "master-minds" and "kingpins". Each blast, whether in Mumbai, Ahmedabad, Jaipur, Delhi, or Hyderabad had a master-mind of its 0wn. The Police and the politicians stopped pointing fingers across the borders and started looking inwards. The focus shifted from LeT, HuJI etc to SIMI, Indian Mujahudeen and Islamic Security Force. Our police always take to the extremes, either they stand as silent spectators as we saw in Chennai Law College or overact with no rhyme or reason as they had been rounding up Muslim youth till Muslim anger erupted after the
Batla House encounter.
Of course, there is a temporary lull now. The only difference is that the "master-minds" have taken a different hue. However, this trend prompted certain civil society groups to express concern over media's "demonization" of communities. In a discussion organised by "Peace Hyderabad", participants felt that description as "kingpins" and "masterminds" of those allegedly behind terrorist violence only "helped in internalising them in public perception"... "Such descriptions
begin immediately after Police pick up Muslim youth at random and much before the beginning of a proper court trial." The electronic media, in particular, came in for sharp criticism for its "ignorance-tinged" reporting on terror targeting a community. A view that emerged at the meet was that the media was getting influenced
unquestioningly by the findings of intelligence and enforcement agencies.
Investigations into the Malegaon blast case by the Mumbai ATS may or may not be in the right direction and the tools they used may not be legally valid or even scientific according to some forensic experts. But how does the electronic media behave while reporting these investigations?
It is no better than the Arushi Talwar murder case. In the Arushi case, both the UP Police and the CBI bungled very badly and resorted to deliberate leaks to suit its warped findings. Finally, the media which dished out salacious information on the basis of leaks had egg all over its face. The coverage also prompted the Supreme Court to observe that the media was acting as "super investigative agency". Certainly, the cops were using the media to cover up the loopholes in their
investigation.
The probe into Malegaon blasts was no different. The media was taken for a ride and what was worse, the media obliged the cops most willingly in their race for numbers by passing on to us the "leaks" handed out to them by the Mumbai ATS.
It started with `Sadhvi' Pragya Singh Thakur who was first labeled as the "mastermind" behind the Malegaon blasts. Then, this role was shifted to Lt Col Srikanth Prasad Purohit. Now, we are told it was "Dayanand Pandey" who masterminded all the blasts in the country targeting a particular community. The run-up to this stage of investigation was a great comedy.
After the Sadhvi, the focus shifted for a while to one Asimanand and his ashram in Dangs in Gujrat. Television showed us the visuals of the Ashram which was supposedly raided by Mumbai ATS. It was reported that the Swami of this ashram provided his vehicle and driver to `Sadhvi' to tour the districts. Subsequently, we did not hear
anything about this Swami nor did the media pursue it further.
The real media drama or rather trial started when the Public Prosecutor filed a petition in the Nashik Court for permission to interrogate a spiritual leader of Uttar Pradesh. Unfortunately for the media, the Prosecution lawyer did not reveal the identity of the spiritual leader. This let loose a very wild guess work and the reporters put on their "super investigative" hat and began the operations. The first
media "suspect" was the BJP MP from Gorakhpur Yogi Adityananda and the anchors started screaming that the" terror investigation leads to the doors of the BJP". To give credence to this, another BJP MLA from Tulsipur in UP, Mahant Kaushalendra was also included in the list of "suspects" quoting "sources".
The media reports provoked the firebrand Yogi Adityananda to dare the Union Home Minister and the Maharashtra Home Minister to arrest him. Reacting to this, a television channel wondered what sort of a law maker is he to say hell to the law enforcing agencies. On the same day, the Yogi was also on a panel discussion. The anchor donned the role of an investigator and started interrogating him on the screen. It appeared as if even the professional investigators had to learn a lesson or two from this anchor.
When the Yogi issue became too hot, the ATS clarified that no politician was involved and that only one spiritual leader was on their radar. Puzzled at this development, the channels dropped Yogi and began the search for another spiritual leader. This time, they zeroed in on a swami who is frequently found on the faith channels giving discourses.
He read out a prepared statement to the media stating he might have met `Sadhvi' Pragya once or twice since he had initiated her into "Sanyas" like thousands of others in the Kumbh Mela and that "she can be hanged if she was found guilty".
With this, the media was getting exasperated and then the "leak" came that the ATS was looking for one "Dayanand Pandey", a Jammu-based self-styled spiritual leader. First, a story was put out that the UP Police was not cooperating with the Mumbai ATS in apprehending "Pandey". And this was denied by the UP Police. A terrorist, as a perceived logic, should operate under different names.
Isn't it? So, the media started saying "Dayaanand Pandey, alias Sudhkar Dwivedy alias Swami Amritanand Dev and that he had many faces. However, The Hindu reported "his name had earlier been disclosed as Dayaanand Pandey, but following calls from DGP's office late on Wednesday night, it was given as Sudhakar Dwivedy, son of Dayanand Dwivedy. He had taken the name Amritanand and became Peethadeeshwar of the Sharada Sarvagya Peeth in Jammu" But, there was no correction
forthcoming in the channels which earlier made his father's name as his alias name. Normally, when someone in the Hindu tradition takes to "sanyas", he changes his name. So much for accuracy of facts even while naming a person! The latest "leak" that was fed to the nation by ATS, courtesy media, was that ATS was looking at the possibility of Lt Col Purohit's links to Samjhauta Express and the blasts at Mecca Masjid in Hyderabad. Obviously, the ATS does not seem to be doing its home
work.
Let us take the blasts in Hyderabad. The local dailies reported on September 6, 2008 that one sheikh Abdul Kaleem revealed during narco analysis test conducted at the Forensic Lab in Bangalore in the presence of Spl Intelligence Team of Hyderabad Police that he was responsible for providing 100 sim cards used by terrorists in the Mecca Masjid, Lumbini Park and Gokul Chat blasts. The Police also accused him of having contacts with Bangladesh terrorists. Kareem also revealed that there must be more explosive hidden in the city for further blasts as RDX and ammonium nitrate in a massive amount have been smuggled from abroad to the city for the three blasts in Hyderabad. Imran, another accused revealed during narco test and brain mapping test that massive explosives have been concealed in his house and it includes ammonium
nitrate that was used in Mecca Masjid, Lumbini Park and Gokul chat blasts.
The narco tests, both on Lt Col Purohit and Kaleem/Imran, were conducted in the same forensic lab on two different occasions and in two different cases. Now, which is correct? Either the Mumbai ATS or Hyderabad Police is misleading the nation.
Throughout Sunday, the channels have been putting out stories that Lt Col Purohit sourced RDX from the army for Samjhauta Express blasts in February 2007. Well, what we were told in 2007 was a different story.
The Delhi Police which probed the Samjhauta blasts did not say RDX was used. On the contrary, they were of the view that "incendiary devices" were used and not bombs. Now, on Monday, Times of India tells us "ATS denies RDX in Samjhauta blast". Well, did the ATS say in the first place that RDX was used? Who `invented' the use
of RDX ?
Read on the Times report(Nov 17): "Public Prosecutor Ajay Misar had on Saturday told a Nashik court that pilfered RDX was used in the Samjhauta blast. But on Sunday, he blamed the media for "wrong interpretation". I told the court that the Police have to find out whether the 60 kg RDX was used in some blasts across the country,
including the Malegaon blast."
The ATS chief Hemant Karkare also disowned the report. He said "I don't know what Misar has told the court. We have not mentioned the use of RDX (in the Samjhauta case) in the remand papers. Even the Army has rubbished the claim of ATS stating that the army does not use RDX for making bombs and that Lt Col Purohit was not an expert in bomb making. Where does this leave the media now after they bombarded the
viewers with the news linking Purohit to Samjhauta case for two days?
It is abundantly clear that the Police use the media to cover up unprofessional and weak probes. Should the media oblige whether it involves Jihadi terrorists or Saffron terrorists? Is it not time that the media evolves a code of conduct for reporting criminal investigations so that it does not slip up so badly as in the recent past?
It may be quite relevant to point out here what the Chief Justice of India said recently. He had criticised the Police tendency to reveal information to the media during the investigation as it encroaches upon the right to privacy. He also observed while participating in a workshop in Mumbai that freedom of the press means people's right to know CORRECT (emphasis mine) news. Further, in a different context, the Supreme Court also held that a person's reputation is an inseparable
part of his fundamental right to life and liberty. This applies equally to everyone, whether he is a small time SIMI activist or a sadhu or an army officer.
If the media, especially the electronic ones, has to retrieve its tattered image before it is too late, it has to come out with well-defined guidelines, based on a broad consensus, for coverage of criminal investigations. No government is going to tell the investigators not to indulge in premature disclosure of facts pending
the submission of charge sheets before the judicial bodies because any government's tool is "leaks" that suit them politically.(mediavigi)

Securing live-in relationships

The Maharashtra government recently approved a proposal where a woman in a live-in relationship for a "reasonable period" of time would get the status of a "wife". RAMESH MENON has more.

16 November 2008
Archana Baxi loves Delhi. Living in the big city gives her the anonymity she did not enjoy in her village in Punjab where she grew up. In Delhi, no one asks her prying questions like why she isn't married yet or what she does with her huge salary or why she lives in with her boyfriend - who shuttles between Delhi and Mumbai.
Archana only dreads her mother's periodic visits to the city because, like all mothers, Baxi senior voices her concerns on her daughter's living arrangement. She worries about what would become of Archana if her boyfriend decided to break off with her one day.
However, in what can be termed as a progressive move that will have a far-reaching impact, the Maharashtra government recently proposed an amendment in the Criminal Procedure Code (CrPC) that would give a woman in a live-in relationship the right to seek maintenance post-desertion. Of course, it would need the Centre's stamp of approval before it can become a law. So, while it may be some more time before legal support for women in long-term live-in relationships across India comes into force, Archana's mother can at least lay some of her fears to rest.
The Maharashtra government recently approved a proposal where a woman in a live-in relationship for a "reasonable period" of time would get the status of a "wife". The approval came on the heels of the recommendations of the Justice Malimath Committee, which said that if a man and a woman are living together as husband and wife for a "reasonably long period", the man shall be deemed to have married the woman according to customary rights of either party.
The Malimath Committee was formed by the Centre to suggest reforms in the CrPC. However, only Maharashtra has shown interest in protecting the rights of women in polygamous relationships by working towards implementing some recommendations. The Centre has comfortably chosen to ignore them as they are bound to raise the hackles of the moral police.
When the proposed amendment was announced, critics immediately sprung up to say that the move would encourage men and women to get into multiple relationships outside of marriage. However, one of the major reasons for this move was that numerous women were finding it very difficult to get any assistance from men who had deserted them after living with them on the promise of marriage in the future. In many cases, the women did not even know that the man they had been living with was, in fact, already married.
As per the Malimath Committee recommendations, the state government, therefore, wants the CrPC to be amended so that the word 'wife' under Section 125 includes a woman living with a man like his wife for a "reasonably long period". This will ensure that these women are entitled to alimony.
Points out Mumbai-based writer Rajendar Menen, who has widely written on relationships, "I am sure people are living-in all over India surreptitiously. It is like corruption and visiting sex workers. But it is great that the government is finally accepting live-in relationships. It is a step in the right direction."
When the amendment comes through, it will, for the first time, protect the interests of women who have been taken for a ride by uncaring men. But the state has yet to clarify how long the "reasonably long period" should be. And this ambiguity many feel may give rise to bigamy. Menen says, "As time passes, marriage, as an institution, will get less important. It has already lost ground. A lot of people in urban settings are living together. They don't trumpet the fact, that's all. As women get more empowered and don't rely completely on men for financial support, they will begin to choose their partners for reasons other than monetary support. Thankfully, the balance is shifting now and men no longer call the shots."
Menen however is guarded on the pace and universality of the change. "But women's empowerment is a long and slow process, and all this will take time in India which lives in so many diverse time, cultural and economic zones" he says.
Live-in relationships are definitely more glamorous and easy but marriage has its advantages as well. Nick Powdthavee of the Department of Economics at the University of Warwick in England carried out a study of 9,704 married people at the university in 2005. The study revealed that married people were deriving happiness from each other's happiness unlike those who were just living together. The research also indicated that marriage encouraged the habit of sharing among spouses who stood by each other in both good and bad times.
Yet, living-in is a popular concept among the young. In fact, even those who are not involved in such a relationship are all for it. Aloke Gupta, a Mumbai-based software engineer, is not in a live-in relationship, but says, "There is nothing wrong with a live-in situation. Different people see marriage differently. Some use it to lose their virginity, some to get dowry; some see it as a business deal, some to have children, and so on. Only a few marry for love. So a live-in relationship makes so much sense."
Menen adds, "The problem with marriages in India are the expectations. There are in-laws and an extended family - they all want different things from you. For example, during Diwali, I may just want to go and relax by the seaside. I can do this if I am single. But if I am married, I would have to be with my wife and visit people I don't want to meet, shop for gifts, and participate in rituals I do not believe in."
But while for many people living-in is a matter of personal choice, there are youngsters today who see it as a means of rebelling against their families or society. Two people should live together only if they are in love and seriously committed to each other, not to merely share a pad and save on expenses like food and travel. They also have to be strong enough to face social drama, as most people in India still do not accept such relationships.
Unfortunately, in cities like Delhi, Bangalore and Pune there are many young people -especially in the BPO industry - who get into a live-in relationship just to neutralise their boredom. While some end up formalising their tie with a marriage certificate, for many things go sour and they just move on.
Given this reality, the Maharashtra government's move to give women the right to seek maintenance post-desertion should be welcomed. Ramesh Menon is a journalist and documentary film maker.(Women's Feature Service)

Thursday, November 20, 2008

Shivsena moves Bombay highcourt against Sadhvi’s ‘torture’

A Shiv Sena activist Thursday filed a public interest petition before the Bombay High Court seeking an inquiry into Malegaon blast accused Sadhvi Pragnya Chandrapal Singh Thakur’s charge that anti-terrorism squad officials were torturing her.The petition, filed by Shilpa Deshmukh, the Sena’s woman leader from Dadar, central Mumbai, has sought action against the Maharashtra police Anti-Terrorism Squad (ATS) for “gross misuse and abuse of its powers” in the investigations into the blast case, her lawyer V.P. Patil told us.
The petition is expected to come up for hearing before Chief Justice Swatanter Kumar next Thursday, he said. Sadhvi Pragnya, 38, and eight other accused, alleged to be part of a radical Hindu terror network, are in ATS custody for their suspected role in the blast in Malegaon town of Maharashtra Sep 29 that left six dead and 20 injured. In her petition, Deshmukh has contended that the ATS officials have been behaving in a “high-handed” manner in the investigations against the sadhvi. She also said that only male officers are probing the case against the sole woman accused, and questioned why there are no women investigators.
She has demanded that the entire investigation into the blast should be withdrawn from the ATS and handed over to the state Crime Investigation Department (CID), Patil said.In this context, she referred to the sadhvi’s affidavit filed before the Nashik Court this week, accusing the ATS of ill-treatment, physical and mental torture in confinement, and her prayers to the court, demanding narco-analysis tests on ATS officials.
The petition also raised objections to the manner in which ATS chief Hemant Karkare keeps revealing sensitive details of the investigation to the media. It has also pointed out that Deputy Chief Minister R.R. Patil, who holds the home portfolio, recently commended the ATS investigations as going in the “right direction”. The petitioner questioned whether Patil was conducting the investigations, and also how the home minister could make such an observation before the media, particularly since the matter is sub-judice.(IANS)

a piece on radioactive contamination scandal in India & France

*Where are the Indian workers suffering from radioactive radiation?*

France's Nuclear Safety Authority has alerted the Indian authorities about the radioactive buttons. It said, the lift buttons contained traces of radioactive Cobalt 60. Radiological safety division of India's Atomic Energy Regulatory Board is investigating the concerns raised by France's Nuclear Safety Authority. The original complain was from Otis firm, a French subsidiary of the US company. The factory belonging to Mafelec company, which delivers the buttons to Otis noticed in early October. *Nuclear Safety Authority classed the incident at a factory of the Mafelec firm in the east-central town of Chimilin at level two on the seven-level International Nuclear Event Scale. *It said that of 30 workers exposed, 20 had been
exposed to doses of between one mSv (milli-Sievert) and three mSv. The maximum permitted dose for workers in the non-nuclear sector is one mSv.
The *Hazardous* Waste (*Management*, Handling and *Transboundary* Movement) *Rules*, 2008 is a declaration to the hazardous waste traders that the Indian Government offers no resistance to transboundary movement of hazardous and radioactive materials. It does not matter if it comes without prior decontamination in the country of export in manifest contempt of Supreme Court's directions in its order dated 14 October, 2003 in Writ Petition (Civil) 657 of 1995.
Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987 deals with the radioactive waste. There framers of both the Rules were oblivious to a situation where hazardous waste (recyclable metal scrap, according to Environment Ministry) and the products made out of it would be contaminated with radioactive materials.
*Hazardous* *Waste* *Rules* lays down the procedure for import of hazardous waste and how it would facilitate the same by providing administrative mechanism to ensure that even Port and Customs authorities ensure compliance when hazardous waste is imported by paying lip service seeking "safe handling". After creating the loophole it says, Custom authorities would take samples as per Customs Act 1962 prior to clearing the assignments. Technical Review Committee of MoEF as noted in the Rules should now show its sense of purpose by finding out where did the radioactive materials come from in the lift buttons made of scrap steel.
The case illustrates how even the new Rules remain full of loopholes. One would have been surprised, had it not been so because the Ministry defines hazardous waste as recyclable metal...and then asks agencies Customs and Atomic Energy Regulatory Board to probe the consequences of the flawed Rules. The Hazardous Waste Rules do not apply to radioactive waste as covered under the Atomic Energy Act, 1962 (33 of 1962)and rules made thereunder. *Consequently, Atomic Energy (Safe Disposal of Radioactive
Wastes) Rules, 1987 apply to it.*
But neither the Hazardous Waste Rules nor the Safe Disposal of Radioactive Wastes Rules seem to have foreseen a situation where metal scrap products are found to be contaminated with radioactive materials although while providing the definition, the Radioactive waste Rules, it says, "radioactive waste" means any waste material containing radionuclides in quantities or concentrations as prescribed by the competent authority by notification in the official gazette".
*Safe Disposal of Radioactive Wastes Rules* also provides for a "Radiological Safety Officer" who can advise the employer regarding the safe handling and disposal of radioactive wastes and on the steps necessary to ensure that the operational limits are not exceeded; to instruct the radiation workers engaged in waste disposal on the hazards of radiation and on suitable safety measures and work practices aimed at minimising exposures to radiation and contamination, and to ensure that adequate radiation surveillance is provided for all radiation workers and the environment.
Neither Environment Ministry, Labour Ministry nor the Atomic Energy Ministry provides for Radiological Safety Officer in the scarp metal yards. Radiological Safety Officer has to carry out such tests on conditioned radioactive wastes, as specified by the competent authority;to ensure that all buildings, laboratories and plants wherein radioactive wastes will be or are likely to be handled/produced, conditioned or stored or discharged from, are designed to provide adequate safety for safe handling and disposal of radioactive waste. He has to help investigate and initiate prompt and suitable remedial measures in respect of any situation that could lead to radiation hazards; and ...to ensure that the provisions of the Radiation Protection Rules, 1971 are followed properly.
In France, the 20 workers who suffered the radioactive radiation has been found and are being treated (if there is a treatment), our Environment Ministry, the Atomic Energy Regulatory Board (AERB) and Labour Ministry must now trace the Indian workers who suffered due to radiation while working with the metal scrap (from the scrap yard, re-rolling mills to the lift steel button manufacturing) that was contaminated with radioactive material.
The failure of the Ministries concerned is too stark to remain unnoticed.There is an urgent need to rewrite the present Rules that is more concerned about human health than hazardous waste trade. Likes of R K Vaish who drafted the Rules must be made accountable. The issue must be dealt with at a much higher level than is case now. There is no quick fix solution.(mediavigil)

Wednesday, November 19, 2008

Miss Meerut Priyanka singh is a lesbian: Relatives

In a new twist to the Meerut double murder case, relatives of the prima-facie Priyanka Singh have alleged that she is a lesbian and demanded CBI inquiry into the case.Earlier, former Miss Meerut has retracted from her statement, saying she is innocent and has not killed her parents.
Priyanka's family members are suspicious about her inseparable friendship with Anju and a lesbian angle is also being viewed upon. Priyanka's aunt (bua) has also demanded her narco and DNA test.However, both Priyanka and Anju are separately held in judicial custody.Priyanka and her friend Anju are the prime accused in the double murder of the former's parents - father Premveer Singh and mother Santosh.
As per the police theory, on November 10, Priyanka visited her parents' home at Prayag Colony in Meerut along with Anju on the pretext of getting her mark sheet. However, an altercation took place during which Priyanka throttled her mother. Hearing the commotion, her father, a retired Junior Engineer, rushed to the room but he too was killed by the duo with the help of a kitchen knife. Post murder, both the girls fled with valuables and dumped the knife in a drain.Priyanka and her friend Anju are the prime accused in the double murder of the former’s parents - father Premveer Singh and mother Santosh.
As per the police theory, on November 10, Priyanka visited her parents’ home at Prayag Colony in Meerut along with Anju on the pretext of getting her mark sheet. However, an altercation took place during which Priyanka throttled her mother. Hearing the commotion, her father, a retired Junior Engineer, rushed to the room but he too was killed by the duo with the help of a kitchen knife. Post murder, both the girls fled with valuables and dumped the knife in a drain.
With the arrest of both the accused, it was discovered that both Priyanka and Anju belong to broken families and have been victims of family abuse. Priyanka nurtured a deep grudge against her father who teased her for being an illegitimate child. During her stint at a South Delhi Polytechnic, Priyanka came across Anju and they soon became close friends.
With Priyanka Singh’s U-turn, her relatives are asking for a CBI inquiry into the case. Priyanka’s family members are suspicious about her inseparable friendship with Anju and a lesbian angle is also being viewed upon. However, both Priyanka and Anju are separately held in judicial custody. Click Here And watch Real Story of Priyanka

Fact File of the Cop that Killed Rahul Raj

ACP Mohammed Javed, the police officer who allegedly did not try to negotiate with the gun-toting Rahul Raj before shooting him dead on a BEST bus at Kurla on Monday morning, was himself in the police net once.
Javed, who led the operation against 23-year-old Rahul, who had taken about 15 passengers on an Andheri-Kurla bus hostage at Bair Bazar in Kurla (west), and was the first one to shoot at him, had been arrested in connection with the multi-crore Telgi scam in 2004. He was later discharged for lack of evidence.
Javed, then an ACP with the Anti-Corruption Bureau, had been arrested by the special task force probing the Telgi scam for dereliction of duty amounting to connivance. After his arrest on January 2, 2004, he was suspended. Investigators, however, did not find enough evidence to sustain the charges against him and he was discharged from the case
after it was transferred to the CBI.
P.S.: In October 2006, the prime accused in the stamp paper scam worth $500 million plus, Abdul Karim Telgi, named Sharad Pawar as one of the politicians involved. This was revealed in a leaked video-tape of Telgi's narco-analysis test - now in the possession of the media - conducted in 2003, before the CBI took over the probe in 2004.The opposition had asked for Pawar's resignation after alleging he was involved in a multi-crore scam involving wheat imports.
Raj Thackeray is drawing his political and fiscal support from Sharad Pawar and Pawar's followers like R R Patil, Maharshtra's Deputy Chief Minister ordered the killing of Rahul Raj. Another of Pawar's partyman Praful Patel now says, non-Maharastrians should respect the sentiment and culture of the state. He advocated the "sons of the soil"
ideology and warned that if there was no "redrawing of balance" between Maharashtrians and others, "the people will themselves do it". Not surprisingly they have rejected the demand for chief minister Vilasrao Deshmukh's removal and Thackeray's immediate detention under National Security Act (NSA).
Sharad Pawar and his partyman escaped the cabinet meeting where ministers from Bihar made the demand for arrest of Raj under NSA which was endorsed by even Congress ministers. NCP has justified R R Patil's "bullet-for-bullet" theory and the killing of Bihari youth Rahul Raj.
G.R. Khairnar, former Deputy Commissioner of the Brihanmumbai Municipal Corporation, made a series of accusations against Sharad Pawar for being involved in corruption and protecting the criminals.(mediavigil)

Crime and the media

We in the media need to seriously interrogate our approach towards crime and justice and ensure that we are not abetting the former and negating the latter, says KALPANA SHARMA

Nov 04, 2008
It is fascinating to watch how the Sangh Parivar is reacting to the current investigation into the Malegaon and Modasa bomb blasts, where a Hindu right-wing group is suspected of being responsible. Various leaders of the Bharatiya Janata Party and other organisations are busy chastising the media for condemning those suspected of involvement even before they have been tried. Yet the same people were part of the chorus that pronounced judgment on every bomb blast even before forensic evidence had been gathered, naming the involvement of either Pakistan's ISI or calling it "Islamic" or "Jehadi" terrorism. And none of them were concerned that the media too tended to go along with such conclusions and produced voluminous reports on "terrorists" and "master-minds" even though these men were also mere "suspects".
The questions that the media has to confront, whether covering Malegaon and "Hindu terror" or the earlier blasts in Ahmedabad or Jaipur and "Islamic terror", are precisely the same: What is the job of the media? Should it report every speculative statement made by the police and by politicians, either officially or unofficially, when such incidents take place? Or should it try to balance such statements with reporting that conveys the uncertainties and nuances of investigations into crime, where there is no certainty until adequate evidence has been collected?

Last month, Chief Justice of India K. G. Balakrishnan also gave a pertinent reminder to the media about its role in reporting crime and on-going investigations. Speaking at a workshop organised by the Bombay High Court on Sunday, October 19 on "Reporting of Court Proceedings by Media", he said, "Privacy of the person must be protected. Sometimes damaging information is revealed during the investigation. It adversely affects people's right to a fair trial".He also reportedly criticised police officers revealing information to the media during investigation and said that this encroached upon the right to privacy.

The point that has to be debated and considered is not whether the media should report what the police reveals about a crime under investigation but how it should report it. We also need to question whether the police should leak to a few chosen journalists, or publicly release, incremental information on investigations into
crimes. Sometimes the information is not just incremental, it is also unsubstantiated and later contradicted by the police. But in the meantime, the individual involved is victim to grievous injustice, judged without a fair trial.

As far as the media is concerned, the norms of reporting on crime, or terror, should not differ. If suspects are picked up for a crime, they are precisely that – suspects. Until a case is made out that will hold in a court of law, we in the media cannot name them as "murderer", "thief", "cheat" or even "terrorist". Regardless of what the police reveal to the public, based on their investigations or confessions of these suspects, the media must qualify what it reports.
That is the only guarantee for the innocent amongst these suspects to have any chance of rebuilding their lives if they are proved innocent, or if the police are unable to establish their guilt. These norms have been well established and just because we now live in a more competitive media environment, they surely should not be abandoned.
Yet, even a cursory survey of both print and broadcast would reveal how easily some of these norms have slipped or even disappeared altogether. Their absence does nothing to enhance the credibility of the media.

We should be equally disturbed at the way various police units are rushing to the media with information. During the Arushi murder case, the police was shown up clearly to have crossed the line. The media could argue that it had no option but to report what the police said. But it is also evident that some of the media used the police information to dramatise the ghastly murder to increase their viewership. In the process, where was the individual's right to privacy or a fair trial?

The rash of media briefings, official and unofficial, continues unabated in the terror investigations. Why are they necessary? Do people need to know every detail about on-going investigations or is it more important to investigate and produce credible results? Today, ordinary people are genuinely confused about what really is going on and inevitably, there are questions raised about the credibility, and
even efficiency, of the various police forces. This is not the result of some inherent suspicion in the minds of people about the police.It is the consequence of the manner in which the police have exposed themselves by putting out half-baked information into the public domain through the media.

Apart from the terror investigations, media briefings are gradually becoming the norm amongst police in different cities even for minor crimes. For instance, earlier this month, the Mumbai police held a media briefing where they paraded a 10-year-old boy suspected of being responsible for spreading a rumour about people being kidnapped as part of a kidney racket. The boy apparently confessed. His father was also present at the briefing. The juvenile offender was photographed and the police officer gave his name and other details even though this is prohibited under the Juvenile Justice Act.

This particular briefing cannot be dismissed as an aberration, the action of a police officer bitten by the publicity bug. It raises the same questions as in the terror investigations -- is the police using the media because the media feeds off such information or is the media's aggressive demand for information on crime forcing the police to go public?

Another offshoot of the issue emphasised by the Chief Justice impinges on women who are victims of violence. When the rape of the nun in Kandhamal, Orissa, was first reported, no paper gave away her name or identity. And rightly so. Even when she spoke to some television channels, there was no hint of where she was, or who she was. But in subsequent days, some newspapers tracked down her family, carried
photographs of the village where they lived, gave details of the location of the village, quoted her father and brother, giving their full names. In other words, every bit of information short of the name of the victim was reported. (Even if she went public later, the earlier conduct of the media is highly questionable.) Can this be explained away as the inevitable consequence of a competitive media? How does such reporting conform to the Chief Justice's appeal for the individual's right to privacy? Should we just conform to the letter of the rule of not revealing the identity of rape victims or do we also have a responsibility to adhere to the spirit that informed that rule?

These are questions that the media must address. We need to seriously interrogate our approach towards crime and justice and ensure that we are not abetting the former and negating the latter.[The writer is an independent journalist based in Mumbai] (mediavigil)
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