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SC says disturbing news, issues notice to Mamata government on WB gang rape

SC-disturbing-WB-gang-rapeTaking suo moto cognisance of the shameful Birbhum gang-rape case, the Supreme Court on Friday issued a notice to the West Bengal government.

“It is very disturbing news. We take suo motu cognisance of it,” said Chief Justice of India P Sathasivam.

The apex court bench headed by the CJI directed the district judge of Birbhum to visit the spot where the gang-rape took place and file report before it within a week.
The apex court’s observation comes a day after it was reported that a 20-year-old woman was allegedly raped by more than a dozen men following the orders of a kangaroo court which found her “guilty of having an affair with a man outside her community”.

The woman, who is undergoing treatment at the Suri Sadar Hopsital, said she was left at the mercy of the men of her village after she was unable to pay Rs. 50,000 as a fine demanded by the morol (headman) for having an affair with a man outside her community.

“The morol ordered that I be enjoyed by the men of the village. Following his orders, at least 10-12 people, including (some) members of a single family, continuously raped me. I lost count of how many times I was raped,” said the woman.

Yielding to mounting pressure, Chief Minister Mamata Banerjee shunted out Birbhum Superintendent of Police for failing to seek police remand for 13 accused in the gang-rape of a tribal woman that has sparked public outrage.

The SP, C Sudhakar, was ordered to be removed by the Chief Minister within hours of the 13 persons being sent to 14-day judicial custody by Sub-Divisional Judicial Magistrate, Bolpur Pijush Ghosh.

Ghosh rejected their bail petitions for the gang-rape of the 20-year-old woman ordered by a kangaroo court in Labhpur, about 200 km from Kolkata, as punishment for falling in love with a man from a different religion.

Top administration sources said that explanation was sought from the senior police officer.

Government to soon appoint Lokpal chairperson, members

Government has set the ball rolling for appointment of chairperson and eight members of Lokpal by inviting applications for the posts.

It has also decided to expedite passage of four pending anti-corruption legislations in Parliament as part of the resolve to give the nation an effective anti-corruption framework, the Ministry of Personnel today said.

Out of eight members in the Lokpal, four posts are of judicial members and rest are for non-judicial ones. Fifty per cent of members of Lok Pal shall be from amongst Scheduled Caste (SC), Scheduled Tribe (ST), Other Backward Class (OBC), minorities and women.

These vacancies have been circulated to the Registrar of Supreme Court, Registrars of High Courts, Chief Secretaries of state governments and secretaries in the central government departments and ministries, calling for nomination of eligible candidates by Feb 7, 2014.

“The new enactment is indicative of the resolve of the Parliament and the government to give to the nation an effective anti-corruption framework,” it said.

The historic Lokpal and Lokayuktas Act, 2013 passed by Parliament — December 17, 2013 in Rajya Sabha and December 18, 2013 in Lok Sabha– paves the way for setting up of the institution of Lokpal at the Centre and Lokayuktas in states within one year of coming into force of the Act.

The new law provides for a mechanism for dealing with complaints of corruption against public functionaries, including those in high places.

“Another significant feature of the Act is that it has taken its present shape after repeated consultations with all stake holders including civil society.

“The Lokpal and Lokayuktas Act is perhaps the only legislation in the history of independent India, which has been so widely discussed, both inside and outside Parliament and has, thus generated so much awareness in the public mind about the need to have an effective institution of Lokpal to tackle corruption,” the release said.

Government has decided to expedite four pending anti-corruption legislations–Whistle-blowers Protection Bill, 2011, Foreign Bribery Bill and Private Sector Corruption, Amendments to the Prevention of Corruption Act and Right to Time-bound Delivery of Goods and Services Bill in the Parliament.

As per Whistle-blowers Protection Bill, 2011, persons who report corruption or wilful misuse of power or discretion which causes demonstrable loss to the government or commission of a criminal offence by a public servant need statutory protection.

The Bill was passed by the Lok Sabha on December 27, 2011 and it is now pending in the Rajya Sabha.

Veerappa Moily blames Modi for 2002 Gujarat ‘Genocide’

Veerappa-MoilyUnion Petroleum and Natural Gas Minister, Dr. Veerappa Moily said that prime ministerial candidate of Bharatiya Janata Party (BJP), Narendra Modi, had deliberately shielded the 2002 ‘genocide’ in Gujarat, ruling out his chances of becoming country’s next PM.

Slamming him for Gujarat riots, Moily said that Modi believes in disintegrating the country, and has actually disrupted the society in Gujarat, where he had been the state chief for three consecutive terms.

In an interview to Reuters, Moily said that Modi could become a cause for country’s disintegration, if appointed as the Prime Minister.

Calling Modi a ‘blotted figure’, Moily said that people would not support him because they might not take the risk of venturing into his politics of disintegration.

“Mr. Modi is a blotted figure and ultimately when it comes down to realities, you know, I don’t think, you know, he will be a figure, will be counted for the country, forget about becoming the Prime Minister, he cannot contribute any value to the BJP,” Moily told Reuters.

Referring to Modi’s shortcomings, Moily also said that he was responsible for taking no action against the ‘genocide’ in Gujarat.

“Genocide has gone in. More than 2,000 people died and killed on the streets when Modi was the Chief Minister and they always wanted to, even Modi wanted to shield those people. He didn’t, you know, prosecute them,” he said.

In the speech on Thursday, Modi had said to the people of Uttar Pradesh, “You give me 60 months and I will give you a life of peace. I have come here to make this promise.”

He also said that the Congress continues to mock the poor and could not tolerate a onetime seller of tea becoming the nation’s prime minister.

He had further said that it was the poor who had to suffer and die due to the ignorance of the government and that he Congress considered Scheduled Castes important only while elections.

1993 Delhi blast convict Bhullar moves SC to commute his death penalty to life term

convict-BhullarTaking cue from the Supreme Court’s recent decision to commute sentences of 15 death row convicts on the grounds of inordinate delay in their execution, 1993 Delhi blast convict Devender Pal Singh Bhullar has moved the apex court seeking commutation of his death penalty to life term.

Reports on Friday said that the Supreme Court has agreed to hear Bhullar’s petition for commuting his death sentence to life term and listed the matter for hearing on January 28.

Bhullar’s curative petition comes just a few days after the Supreme Court, in one of its landmark rulings, said that a delay in deciding mercy plea is a relevant ground for commuting death sentence to life imprisonment.

“Unexplained delay is a ground for commuting death penalty to life sentence,” read a ruling from a three-judge panel headed by Chief Justice Palanisamy Sathasivam.

A total of 15 people had challenged their death sentences on the grounds of delay due to the time taken for the president to answer their mercy petitions.

Petitioners include Veerappan aides- Meesekar Madaiah, Gnanaprakash, Simon and Bilavendran– and Haryana couple Sonia and Sanjiv who were sentenced to death for killing 13 of their relatives.

Vote for clean candidates

Narendra Modi had spoken about increasing milk production in UP and this is praise worthy. He has also laid emphasis on making sugar mills economically viable for becoming productive again. Farmers should be happily cultivating sugar cane, the mills must run efficiently and the sugar should come to the market. Another ‘Amul’ should be established in UP so that it becomes self-reliant in milk production. Milk is very good for the young and the old and goat milk is beneficial for those who cannot digest cow or buffalo milk.

We must promote agriculture, milk production, horticulture and tree plantation. All governments must take initiative in this regard without waiting for Modi to become PM. We do not know what the Planning Commission does; they must put this agenda on the forefront. What is the use of wasting money on holding big rallies? Money must be saved for enhancing the production of electric power. We must collaborate with foreign experts to erect off shore wind farms and to make solar energy more affordable.

We have 13 major ports and the Port trusts must act to open stalls within port limits. It will enable seafarers to purchase milk products, Ayurvedic common medicines at reasonable prices, with quality assurance for business development and to cater to the seamen’s health. A few years back, my Phillipino third engineer used to cough a lot. He bought a popular Ayurvedic medicine jar and his health improved within a month. Due to short port stays many times one cannot go ashore therefore, availability of quality medicines close on the jetty will beneficial for improving health. The same aspect is applicable to major railway stations. Some stations in MP are already selling good quality milk, “chaas” , “ lassi” and curd instead of fried food items. Look at Arvind Kejriwal, he is only 45 and does not have robust health like our jawans. Narendra Modi appears much more healthy as compared to Kejriwal.

Our DG Shipping office excels in arbitrary prescriptions and issues medical certificate for those officials above 65 years of age for working as a faculty in colleges. They do not know that there are many who have passed this age but can easily pass any medical test. The “Janata” has become very dissatisfied because of such draconian rules framed arbitrarily hence they vent their frustration against the government. These days the situation has changed so much that anyone can defeat a Congress candidate and hence people are coming forward to join AAP. AAP is not the ultimate answer for good governance. It is necessary to choose experienced and clean candidates to govern us. The courage of Salman Khan needs to be appreciated. You must never be afraid to call a spade a spade, but solemnly and in a disciplined way. May our Republic flourish.

Nirupam can’t be Kejriwal

nirupam-kuposhanTaking a leaf out of Aam Aadmi Party’s book the Congress too has started demanding a reduction in electricity tariffs in Mumbai. Congress Member of Parliament Sanjay Nirupam had gone on an indefinite hunger strike outside Reliance Energy office Kandivali (W) and demanded the lowering of electricity tariffs in Mumbai. The government had reduced the electricity tariffs in other parts of the state but has sidelined Mumbai. Earlier this week, electricity prices were cut by nearly 20% across Maharashtra, except in Mumbai. Mumbaikars were unhappy with the government’s decision to sideline the city and provide a relief to other parts of the state by reducing electricity tariffs. Today every party is holding dharna to garner support and seek publicity. Earlier Arvind Kejriwal and Anna Hazare used to hold dharna for the passage of Lokpal Bill. The Congress is blindly following them by protesting on the streets.

However, one can’t compare Nirupam with Arvind Kejriwal as his party is known for protesting. Kejriwal always attracts large number of crowds while holding demonstrations but only two MLAs, few corporators and local party supporters had participated in the protests held by Nirupam.

Congress supporters blocked the road, and demanded the reduction of power tariffs in the city. Heavy traffic jam was witnessed at the venue thereby creating inconvenience for commuters.

When AV contacted AAP Maharashtra unit President Mayank Gandhi, he said, “The Congress is merely emulating AAP by protesting in the city. Why they did not raise this issue five years back? It’s a ploy of the party to lure voters prior to the Lok Sabha election.”

Sanjay Nirupam was on stage along with his other party supporters and local MLA and Corporator. When AV approached Nirupam he refused to speak with us by saying that he is on a hunger strike and can’t speak.
When asked Congress MLA Aslam Shaikh about whether the party is emulating AAP, he said, “We are not following the footsteps of AAP, and they are emulating us. We have been holding demonstrations ever since India gained independence.”

Reliance Energy said the reduction in power tariff is the prerogative of the Maharashtra Electricity Regulatory Commission (MERC). The company has forwarded the MPs’ demand to the Maharashtra government, which has already formed a committee to look into the matter.

Last Monday, Mr Nirupam and MP Priya Dutt led hundreds of Congress workers in a protest at the same spot.

Murder of young software professional leaves Mumbai outraged

software-professionalMore than a week after she was found dead in a swamp near a major highway on the outskirts of Mumbai, the police have made no arrests for the murder of 23-year-old Esther Anuhya, enraging women’s rights activists and her family.

Her body was decomposed and partly burnt so it was tough to identify her. It took a ring to establish that she was the young woman reported missing by her family in Vijayawada.

Esther moved to Mumbai a year ago to work with software giant TCS.

The last time she spoke to her father was on January 4 after she boarded a train to Mumbai after spending Christmas at home. She reassured him that she would call him again after settling into the hostel in Mumbai where she lived. Her father, Jonathon Anuhya, says he reported her missing the next day because there was no news from her.

Mr. Anuhya alleges that the Railway Police ignored his pleas for two days to launch a search for his daughter. So he asked the Vijayawada police to help him.

“I don’t wish to compare, but sometimes we need to compare and tell everybody that we are orphans in Bombay,” the victim’s uncle said.

Her cellphone records led her family to the swamp where she was found dead. Injuries suggest that she was sexually assaulted, but a detailed post-mortem report has yet to be finalized.

The Mumbai police says that other passengers who travelled with Esther claim they saw her disembarking from the train at the Kurla station.

The police suspects that she was abducted by a group of taxi or auto drivers waiting to find customers at the station.

A laptop she was carrying remains missing. Her cellphone was recovered near her body.

Actor and Director Pooja Bhatt who was part of a protest against the brutal crime told NDTV, “They kept insisting that it was a case of rape, possibly abduction and murder and unfortunately their worst fears were proved right. So, I think somewhere we need to tell or ask our state machinery that if you were there to protect us, are you doing enough?”

Manmohan is the weakest PM of India ever, says Uddhav

Marking the beginning of Shiv Sena’s poll campaign for the upcoming parliamentary elections, party chief Uddhav Thackeray on Thursday launched an attack on Congress led Central government calling Dr. Manmohan Singh as the weakest Prime Minister country has ever had.

The rally in Mumbai on the occasion of birth anniversary of Sena founder late Bal Thackeray, is widely seen as party’s show of strength.

“Our PM has absolutely no value at all, neither in his party nor in the government. He is the weakest PM ever,” he said. Mr. Thackeray also said that if such weak PM comes to power again, the country will be ruined completely.

“The next PM will be from us. Congress can’t give a single candidate, rather they don’t have any. Only we have given a face in this elections,” he said, without naming Narendra Modi. Sena sources in the past had expresses their discontent over Mr. Modi for not even mentioning late Bal Thackeray during his speech in a rally at Mumbai.

In an attempt to create an emotional connect with the party workers, Mr. Thackeray distributed the saffron thread called ‘shiv bandhan’ among sainiks asking them to tie it around their wrist as a mark of allegiance to Sena.

The party members were given a pledge firstly through a video recording of late Bal Thackeray and lastly by Mr. Uddhav, asking them to surrender their allegiance to party and towards bringing NDA to power, both in state and in center.

Rajiv Takru favours free ATM services

Rajiv-TakruA top Finance Ministry official favoured free ATM services as existing now, saying if they are priced, customers could flock to bank counters which is more expensive than running the money dispensing machines.

Stating that no banks have so far approached the government seeking approval to raise ATM fees, financial services Secretary Rajiv Takru said a final decision will have to be taken by the Reserve Bank in this regard.

“As far as I am concerned I would very much like ATM services to be free. If banks make the services expensive then customers will probably end up at the bank windows. A teller service is far more expensive than ATM service,” said Takru.

He also called for a re-look at orders of some state governments asking banks to have round-the-clock security at ATMs.

However, admitting that ATM services should be sustainable, he said banks will have to look at the economics of this and encourage customers to use ATMs more is one of the ways to make them profitable.
Notably, after an attack on a Corporation Bank employee at an ATM in Bangalore last November, many states want round-the-clock security at all the ATMs.

Banks’ umbrella body IBA met last month and calculated that this will incur an additional Rs 40,000 per ATM per month and will push this vertical of banks into more losses.

The IBA has asked RBI to cap the number of free transactions to five per month across any ATM network from the current practice of giving them unlimited transactions at own bank ATMs and five at other bank ATMs. From sixth transaction onwards, the banks charge a customer Rs 20 per transaction.

Banks net-off the transactions at the back-end and pay Rs 15 plus taxes for every transaction, which is the interchange fees.

Following this, the National Payments Corporation, which is the national body handling the payment switch system, convened a meeting of banks last week and formed a committee of six banks to offer suggestions around cost management and charges for use of the ubiquitous machines.

The members of the panel are State Bank of India, Bank of Baroda, Punjab National Bank, ICICI Bank, Axis Bank and HDFC Bank, and will submit their report in a month.

HC restrains Jubilant Co from infringing Pidilite’s trademarks

Bombay-HCHolding that it was a case of an infringement of copyright and passing off goods in someone else’s name, the Bombay High Court has restrained M/s Jubilant Agri & Consumer Products Ltd from using the registered trademarks of M/s Pidilite Industries Ltd.

The order was passed on January 13 by Justice S J Kathawala on a suit filed by Pidilite Industries Ltd seeking to restrain Jubilant Agri and Consumer Products Ltd from using its registered trademark as its own.

The infringement alleged by the plaintiff (Pidilite) related to three registered trademarks (two word marks “Fevicol Marine’ and one label mark showing two elephants pulling an object in opposite directions).

According to Pidilite, the defendant company, by using the mark ‘JIVANJOR MARINE PLUS’ was infringing upon its (Pidilite’s) registered mark and was also guilty of passing off their goods as that of the Plaintiff.

Jubilant Agri & Consumer Products Ltd contended that the Pidilite’s mark is ‘FEVICOL MARINE’ and their (Jubilant’s) mark is ‘IVANJOR MARINE PLUS’ and that both the Plaintiff and the Defendant are using the word ‘MARINE’ in a descriptive manner.

The main defence of the Defendant was that the word ‘MARINE’ is inherently descriptive, is devoid of any distinctive character, is incapable of being registered as trademark and, therefore, cannot be claimed to be a trademark of the plaintiff even though it formed part of the registered trademark/label mark ‘FEVICOL MARINE’.

“Upon perusal of all the three registered marks, I am prima facie satisfied that the word ‘MARINE’ forms a prominent and essential part or feature of all the three registered trademarks set out in the plaintiff’s suit”, said the Judge.

The court held that the defendant had tried to take advantage of the reputation of the plaintiff not only by the use of the mark ‘MARINE’/’MARINE PLUS’ but also by the use of the copied impugned label and hence cannot be allowed to rely upon the alleged use of the mark ‘MARINE’ on other grounds.