India

Kolkata, Nov 7 (IANS) Although unhappy with the functioning of some members of the special investigation team (SIT) of Central Bureau of Investigation (CBI) probing the multi-crore West Bengal School Service Commission (WBSSC) scam, Justice Abhijit Gangopadhyay of Calcutta High Court is still expecting some "magic" on part of the central agency sleuths in the matter.

On Monday morning, Justice Gangopadhyay expressed displeasure over the functioning of some members of the SIT, and observed that for sake of a speedy investigation, some of them might be replaced.

However, on Monday afternoon, he said that he is eagerly waiting for some "magic" from CBI on the matter.

"I have faith on CBI... (however) sometimes, I do make some comments. I ordered for a CBI probe in the matter so that corruption in the recruitment process is revealed. Today, I talked to their officers and after that I feel that the central agency officers are investigating through lots of obstacles. So, I express my confidence in CBI and I wait for the 'CBI magic'," Justice Gangopadhyay said.

His comments within the court were preceded by a long discussion with the central agency sleuths investigating the matter.

Commenting on the irregularities in the recruitment process, Justice Gangopadhyay observed that it is extremely necessary to reveal why the genuine and eligible candidates did not get the appointment letter.

"Unless it is revealed, there will be a negative impact on society. The candidates will lose faith in the entire system which also includes the judiciary. The judicial system is concerned about the future of the state and hence it is standing by the genuine candidates," Gangopadhyay observed.

On June 17 this year, Justice Gangopadhyay ordered the CBI to form a special investigation team to probe the WBSSC scam.

He also ordered that the SIT will function under the monitoring of the Calcutta High Court and also directed that none of the members of the SIT can be transferred before the investigation is over without the permission of the court.

Recently, Justice Gangopadhyay observed in the court that at times he wondered whether the real masterminds behind the teacher recruitment scam will be nabbed during their lifetime.

After that, his observations on Monday about the functioning of some members of the SIT has created further ripples.

--IANS
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New Delhi, Nov 7 (IANS) The Enforcement Enforcement (ED) on Monday filed a charge sheet against AGS Infotech Private Limited and its director G. Dhananjaya Reddy before a special PMLA court in Bengaluru in a bank loan fraud case of Rs 23.73 crore allegedly committed by the company and its directors.

The court has taken cognisance of the prosecution complaint and fixed the matter for hearing at a latter date.

The ED initiated the money laundering investigation on the basis of a criminal case registered by the CBI against the director of AGS Infotech Ltd and others for cheating the United Bank of India to the tune of Rs 23.73 crore by fraudulent means in the matter of sanctioning and availing of credit facilities in the name of AGS lnfotech Ltd.

The ED has learnt that Reddy and the other accused persons cheated then United Bank of India and availed loan of Rs 23.73 crore by creating collateral security on the basis of fabricated documents, diverted the loan proceeds for the purposes other than for which they were sanctioned and thus committed the offence of money laundering.

"Reddy is a habitual offender and is the mastermind behind two other bank frauds committed through his two companies, namely Nexxoft Infotel Ltd and Ignis Technology Solutions Pvt Ltd," the ED mentioned in the charge sheet.

Reddy was arrested by the ED earlier for his alleged involvement in two other PMLA cases.

--IANS
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New Delhi, Nov 7 (IANS) The Supreme Court on Monday acquitted three men on death row in the 2012 murder and gangrape of a 19-year-old woman in Delhi's Chhawla area.

A bench, headed by Chief Justice U.U. Lalit and comprising Justices S. Ravindra Bhat and Bela. M Trivedi said: "The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the court is left with no alternative but to acquit the accused, though involved in a very heinous crime."

"The judgments and orders of conviction and sentence passed by the trial court and the High Court are set aside. The appellants-accused are acquitted from the charges levelled against them by giving them a benefit of doubt, and they are directed to be set free forthwith if not required in any other case. The appeals deserve to be allowed accordingly," it added.

The top court set aside the Delhi High Court judgment, which upheld the conviction of the three men for rape and murder of the victim. The trial court, in 2014, while sentencing the accused to death had termed the case rarest-of-rare and the high court upheld this judgment. The accused moved the apex court challenging the high court judgment.

Justice Trivedi, writing the judgment on behalf of the bench, said the evidence with regard to the arrest of the appellants-accused, their identification, discoveries and recoveries of the incriminating articles, identity of the Indica car, the seizures and sealing of the articles and collection of samples, the medical and scientific evidence, the report of DNA profiling, the evidence with regard to the CDRs etc. were not proved by the prosecution by leading, cogent, clinching and clear evidence much less unerringly pointing the guilt of the accused.

"The court is constrained to make these observations as the court has noticed many glaring lapses having occurred during the course of the trial. It has been noticed from the record that out of the 49 witnesses examined by the prosecution, 10 material witnesses were not cross-examined and many other important witnesses were not adequately cross-examined by the defence counsel," it said.

In the 40-page judgment, Justice Trivedi said: "We find that the appellants-accused were deprived of their rights to have a fair trial, apart from the fact that the truth also could not be elicited by the trial court. We leave it to the wisdom and discretion of the trial courts to exercise their powers under Section 165 of the Indian Evidence Act for eliciting the truth in the cases before them, howsoever heinous or otherwise they may be."

The autopsy of the victim revealed that she was attacked with car tools, glass bottles, metal objects, and other weapons.

Police said one of the accused allegedly took revenge after the woman turned down his proposal. The prosecution had submitted that the woman, who belonged to Uttarakhand and worked in Gurugram's Cyber City area, was abducted by the three accused from near her home while she was returning from her workplace. According to the prosecution, the woman's mutilated and decomposing body was found in a village in Haryana's Rewari. The woman's parents filed a missing person report when she did not return home.

--IANS
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New Delhi, Nov 7 (IANS) Supreme Court judge Dinesh Maheshwari -- while upholding the constitutional validity of the 103rd Constitution amendment providing 10 per cent reservation to economically weaker sections (EWS) persons in admissions and government jobs -- said EWS reservation does not cause any damage to the basic structure of the Constitution on account of breach of the ceiling limit of 50 per cent for reservation.

Justice Maheshwari said reservation for economically weaker sections of citizens up to 10 per cent in addition to the existing reservations does not result in violation of any essential feature of the Constitution and does not cause any damage to the basic structure of the Constitution on account of breach of the ceiling limit of 50 per cent. "Because, that ceiling limit itself is not inflexible and in any case, applies only to the reservations envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution," he added.

Justice Maheshwari said this ceiling limit, though held attached to the constitutional requirements, has not been held to be inflexible and inviolable for all times to come.

"Reasons for this are not far... to seek reservation by affirmative action is not having trappings of any such essential feature of the Constitution, collectively enumerated by Kesavananda (case) and successive decisions, that its modulation with reference to any particular compelling reason or requirement could damage the basic structure of the Constitution," he said.

Justice Maheshwari said the prescription of ceiling limit of 50 per cent, being apparently for the benefit of general merit candidates, does not provide any justified cause to the candidates standing in the bracket of already available reservation to raise any grievance about extra 10 per cent reservation for the benefit of another section of society in need of affirmative action.

"In any case, there is no question of violation of any such basic feature of the Constitution that the entire structure of equality of opportunity in Article 16 would collapse by this EWS reservation," he added.

He further added that if at all the cap of 50 per cent is the final and inviolable rule, the classes already standing in the enabled bracket of 50 per cent cannot justifiably claim their share in the extra 10 per cent, which is meant for a separate class and section, i.e., economically weaker section.

He noted that in Indra Sawhney (case), Justice Jeevan Reddy, speaking for the majority, though made it clear that reservation contemplated by Article 16(4) should not exceed 50 per cent, yet left that small window open where some relaxation to the strict rule may become imperative in view of the extraordinary situations inherent in the great diversity of our country.

"As an example, it was pointed out that the population inhabiting farflung and remote areas might, on account of their being out of the mainstream of national life and in view of the conditions peculiar to them, need to be treated in a different way," Justice Maheshwari said.

He added that the argument regarding the cap of 50 per cent is based on all those decisions by this court which were rendered with reference to the reservations existing before the advent of the amendment in question. "The 50 per cent ceiling proposition would obviously be applied only to those reservations which were in place before the amendment in question. No decision of this court could be read to mean that even if the Parliament finds the necessity of another affirmative action by the State in the form of reservation for a section or class in need, it could never be provided," he said.

He added against the above backdrop, the relevant decisions of this court in regard to this 50 per cent ceiling limit could be referred but, while reiterating that these decisions are applicable essentially to the class/classes who are to avail the benefits envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution.

--IANS
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New Delhi, Nov 7 (IANS) President Droupadi Murmu on Monday presented the National Florence Nightingale Awards for 2021 to the nursing professionals.

This year, the awards have been given to 51 health professionals from across the states for their contributions.

"Today Hon'ble President Mrs. Droupadi Murmu presented the National Florence Nightingale Awards to the nurses at an event held at Rashtrapati Bhavan. They have made our country praiseworthy by serving in challenging situations", Union Minister of State for Health and Family Welfare Dr Bharti Pravin Pawar said in a tweet in Hindi.

The National Florence Nightingale Awards were instituted in 1973 by the Ministry of Health and Family Welfare as a mark of recognition for the meritorious services rendered by the nurses and nursing professionals to the society.

--IANS
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Kolkata, Nov 7 (IANS) The leader of opposition in the West Bengal Assembly, Suvendu Adhikari, on Monday wrote to Union Minister for Rural Development and Panchayati Raj, Giriraj Singh, demanding a probe by the CBI or equivalent central agency into the 'irregularities' relating to rural job creation under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in the state.

In the letter, a copy of which has been accessed by IANS, Adhikari has alleged that the state government is resorting to "innovative, malicious and fake" data creation in order to claim "false employment generation" in rural Bengal.

He also said that "fake data creation" is being done to deceive the people of the state before the panchayat elections scheduled next year.

Adhikari also alleged that the state government is trying to mislead the Centre by providing wrong information to seek financial assistance.

The BJP leader also referred to a recent circular issued by Chief Secretary H.K. Dwivedi directing all departments to engage "only the unskilled labourers under MGNREGA" during the execution of the scheme.

The circular stressed upon the need to enter data of job card holders in a particular portal of the state government.

"What seems peculiar about this circular is that the engagement of job card holders under the MGNREGA scheme is the secondary objective. The primary objective seems to be data entry of such engagements," Adhikari's wrote to the Union minister.

Claiming that the "so called employments" are mostly fake, Adhikari claimed that the administration will not be able to provide work orders or tender details on these counts to tally such employments.

"I hope you will consider the matter urgently and take necessary steps to get the whole matter investigated by the CBI or any other appropriate central agency, so that this scam is unearthed and the perpetrators, conspirators and executors are brought to justice," Adhikari's letter concluded.

On Monday, Adhikari also shot a separate letter to Union Health Minister Mansukh Mandaviya, seeking central invention to tackle the dengue situation in West Bengal, which has reportedly reached an alarming stage.

--IANS
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By Vikas Datta
Seventy-five years ago on this day, the newly-Independent India's army fought its first big, combined arms battle, aided by air power, which not only thwarted for good the Pakistan-backed tribal invaders' threat to Srinagar, but secured almost the entire Kashmir Valley from their danger.


Behind this victory was not only a canny commander, who braved his superiors' ire in taking a major gamble, but feats of many other intrepid soldiers too.

A fortnight after the tribal invasion of the princely state of Jammu and Kashmir, the situation was still fluid. The brave rearguard action of the state forces' Chief of Staff, Brig Rajinder Singh Jamwal, and his small band had delayed the raiders' advance and bought time for the long-delayed accession, and Lt Col Dewan Rajit Rai, who led the first Indian Army formation into the Valley, not only secured the Badgam airstrip but by an intrepid advance, spooked the enemy and stopped his advance for the time being.

Then, as more Indian soldiers began pouring in, Major Somnath Sharma on November 3 showed exemplary courage in beating back a bigger enemy force, seeking to take control over the airstrip.

All the three soldiers made the supreme sacrifice in their endeavours - but the enemy was still present in strength in the Kashmir Valley, while areas in Jammu region and Ladakh were also under threat.

It was early in November, when (then) Brig Lionel Protip 'Bogey' Sen, who had taken over control of the 161 Brigade, that small skirmishes against the dispersed raiders would only dissipate his limited strength and they had to be brought to a decisive battle.

What he wanted to do was to bring them together and his hunch was that this would only happen once a tempting lure was dangled in front of them - an open road to Srinagar so they could roll in as a motorised convoy, which was all the better for the loot they sought. For this, he had to withdraw the redoubtable 1 Sikh - the late Lt Col Rai's battalion - which was ensconced at Patan on the Srinagar-Baramula road.

However, this decision created a storm, as Brig Sen recalled in his memoirs ("Slender Was the Thread"). Not only did his commanding officer, the capable and irascible Maj Gen Kulwant Singh (Datta), storm in the very next day (November 5) and raised hell - ordering him to furnish three copies of a statement that he had taken the decision on his own authority, D.P. Dhar of the National Conference was also sent to Delhi to convince Prime Minister Jawaharlal Nehru to replace him.

However, Home Minister Vallabhbhai Patel, who had gone to Srinagar, was briefed by Brig Sen, and given him a clear order to save Srinagar at all costs, stood against this and ensured he stayed in command.

Brig Sen noted that his plan seemed to be working. Following the withdrawal of 1 Sikh to the outskirts of Srinagar, the penny packets of the raiders started to head back to Baramulla to regroup and mount a concerted attack. Meanwhile, fortune smiled on the Indian commander.

As he was planning the disposition of his meagre forces, basically three battalions (1 Sikh, 1 Punjab and 1 Kumaon, out of which 1 Punjab could not be removed from its defensive position), augmented by some National Conference workers, who carried out intelligence and reconnaissance operations at the risk of their lives, an Armoured Corps officer suddenly walked into his operation room.

Maj Inderjit Rikhye said that he had been leading the reinforcement convoy coming by road from Jammu with his squadron of armoured cars from 7 Cavalry but as the condition of the bridge at Ramban was tricky, he had left his force to reinforce it, while he made haste to come to Srinagar with just one troop (four armoured cars) and one rifle troop.

This was a godsend - and though just two of the armoured cars were working, with the other two needing refurbishment, they and the rifle troop were planned to be sent behind the enemy lines - as the battle planned for November 10 too had to be advanced due to the tribals' regathering and movement.

This step was not easy - Lt Noel David, who was commanding the detachment, reported that at one place the only way to cross a stream was by means of a narrow wooden bridge, which didn't appear to be able to support the cars' weight. However, in five minutes, he reported that they could cross if the side railings were knocked off, and he would take the chance.

His men proceeded to do so, and even after this it was found that the bridge had just a leeway of two inches either side for the armoured cars - which needed skillful and precise driving. The dogged Lt David persevered and slowly manoeuvered both the cars across and after an anxious 20 minutes, reported that he had succeeded "but would never like to try doing it again".

By November 7 morning, the cars and the rifle troop (fortunately the Jat squadron, not the Sikh squadron) were among the enemy in the village of Shalateng, and taken to be reinforcements from Pakistan. As soon as they were in position, Brig Sen ordered 1 Sikh to advance and hit the enemy hard. As they did, 1 Kumaon made a flank attack, Lt David's men opened fire from their rear, and a company of 4 Kumaon on the other attack. The Air Force also carried out some effective strafing.

Attacked from three sides and above, it was a total debacle for the tribals.

"The Battle of Shalateng had been won in twenty minutes from the word GO. It was a major disaster for the tribesmen. Apart from leaving 472 dead on the battlefield and a further 146 in-between Shalateng and Baramula, they had to abandon 138 civilian buses and load carriers which had transported them from the NWFP almost to the gates of Srinagar. Scattered all over the Shalateng area were a large number of weapons..." Brig Sen wrote in his memoirs.

The Indian Army did not rest on its laurels but pursued the enemy through the night, and by the next morning (November 8), had retaken an abandoned and devastated Baramula, and then pushed forward to Uri. While some surviving tribesmen in heights above Uri would remain an irritant for sometime, and desperate struggles would rage in the high areas of Jammu region and the icy wastes of Ladakh for the rest of the year and the following year, and Pakistan would formally join the conflict next year, there would be no threat to the Kashmir Valley.

(Vikas Datta can be contacted at vikas.d@ians.in)

--IANS
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Panaji, Nov 7 (IANS) Union Minister of State for Information and Broadcasting L. Murugan on Monday said preparations for the International Film Festival of India (IFFI) is underway to organise it on the lines of Cannes film festival.

Murugan, during his visit to coastal state, held a review meeting with all concerned departments and urged everyone to work together to make IFFI a success.

"IFFI will be held from November 20 to 28. This time we are focusing on film bazaars and other things. National Film Development Corporation (NFDC), government of India and Goa are organising IFFI this time like Cannes film festival," he told reporters here.

"So many activities will be there in these eight days. Screening of new movies, award winning movies etc., will take place. National award winners will participate in IFFI. Arrangements are going on like Cannes (film festival)," he said.

Murugan said that the list of celebrities and guests will be announced officially.

"Today, we reviewed about arrangements. Full-fledged preparation is going on," he said.

The Goa government has set a deadline to all its concerned departments to complete the work related to the International Film Festival of India (IFFI) by November 15.

The IFFI, founded in 1952, was held for the first time in Goa in 2004.

The festival has since found a home in the coastal state as in 2014, Goa was declared the permanent venue for this festival.

--IANS
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New Delhi, Nov 7 (IANS) Various doctors association on Monday observed a "Black Day" to express solidarity with MBBS students of PGIMS Rohtak, protesting against the Haryana government's bond policy for MBBS admissions.

Members of the Federation of Resident Doctors' Association (FORDA) wore black ribbons to show their protest, while the Federation of All India Medical Association (FAIMA) also expressed support for the protesting students and their demands.

The doctors body also denounced the alleged brutality of the Haryana Police against medical students.

The FORDA have also written a letter to Union Health Minister Mansukh Mandaviya against police brutality on the peacefully protesting students.

"The recent incident of police action on the doctors carrying out a peaceful protest against fee hike in government medical colleges in Haryana, is barbaric and highly condemnable, it said, terming the use of water cannons and forcefully dragging and manhandling the protesting doctors as "yet another blot on the face of medical education system in the state of Haryana and this country".

"An unwarranted fee hike in the form of a despicable bond policy followed by police action on innocent doctors who have given their best in all circumstances including the Covid pandemic, shows the apathy and weak memory the government has," the letter added.

Talking to IANS, Dr Sarvesh Pandey, Vice President RDA RML and FORDA General Secretary, said: "We on behalf of RDA RML would like to condemn the act of atrocity done by Haryana Police towards the doctors who were on silent protest against the inhumane bond which has been forcibly applied by the Health Ministry of Haryana. The act of violence towards doctors is completely unacceptable and unethical."

Meanwhile, a delegation led by FAIMA chief Advisor Dr Manish Jangra has reached the PGIMS Rohtak to join the protest. Dr Jangra told IANS that they are extremely against the Rs 40 lakh bond policy imposed by the state government.

"We are standing firmly with the students and have joined the protest of young medicos.

"We condemn act of bruatllity by Rohtak police on MBBS Students. Water Canons must not be used for the MBBS students. They are our future... they were protesting silently," he said.

--IANS
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New Delhi, Nov 7 (IANS) As the election date for Municipal Corporation of Delhi has been announced, parties are gearing up for the campaign and outreach programmes.

To set the tone, Delhi BJP leader Manoj Tiwari recorded a campaign song 'BJP ka matlab seva hai, Delhi ka sewak banaye rakhna'. The song will be released by Union Minister Hardeep Puri in Delhi on Monday.

Speaking to IANS, BJP MP Manoj Tiwari said, "I have tried to include all the works done by BJP in these years in the song. We are the sewak of janta and we do seva. We have done it unlike fake promise by AAP cleaning Yamuna, clean drinking water and all. We have done more and advertise less."

"This song will help people to recall who was with them and worked for them," Tiwari said.

Creative director of the song, Neelkanth Bakshi, said, "All the open gyms and swings are installed by MCD not Delhi govt. We are always in the 'sewa of janta' be it Covid time or help during vaccination or anything. BJP is always on the path to serve people."

Polling for MCD will be held on December 4 and result will be announced on December 7.

--IANS
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