Abuse, electric fences at Delhi's juvenile homes2 Jan 2008, 0105 hrs IST,Ambika Pandit,TNN
NEW DELHI: From outside, all may seem well. But behind the high walls of the Delhi government’s homes for "juveniles in conflict with law" and "children in need of care and protection", stories of horror abound. A recent letter from Union minister for women and child development Renuka Chowdhury to Delhi chief minister Sheila Dikshit talks of the existence of electrified fences at some of these homes. The fences, meant to prevent the occupants from fleeing, could result in grievous injuries to them, says the letter, quoting some of the children, who also complained of being "beaten up mercilessly". The October 18 letter, a copy of which was acquired by an NGO — Pratidhi — through an RTI application, was written after a one-to-one dialogue with children from these homes. TOI has a copy of the letter. The dialogue on child trafficking was organized by the ministry with the help of the UN office on drugs and crime on October 9 at Vigyan Bhavan. "During the discussions, children brought to our notice the bad treatment meted out to them at the Observation Home for Boys, Delhi Gate, and the Children’s Home for Boys, Kasturba Niketan, Lajpat Nagar II," the letter says, further pointing out that the children complained that they were mercilessly beaten up. In the letter, Chowdhury seeks the CM’s intervention and requests her to depute a senior official to look into the conditions at these homes in particular and also at other such centres under the jurisdiction of the Delhi government. In response to a second RTI application filed by Pratidhi to check on the follow-up by the Centre, the ministry of women and child development says in a December 13 letter that ministry officials who visited the Observation Home for Boys, Delhi Gate, and Children’s Home, Lajpat Nagar II, on November 2 did not come across any complaints of abuse or hardship being faced by the children.
Thursday, January 3, 2008
'Rape cases in Delhi decline in '07'
'Rape cases in Delhi decline in '07'2 Jan 2008, 1952 hrs IST,PTI
NEW DELHI: Incidents of rape and kidnapping for ransom declined in the capital in 2007 while cases of the "new age" cyber crimes shot up by 200 per cent, Delhi Police Commissioner Y S Dadwal said on Wednesday. The capital recorded a decline in registration of IPC cases with 53,244 last year as against 55,125 in 2006, which was a decrease of 1,881 cases, he said releasing the crime data for 2007. However, he claimed that the detection rate of crime has increased from 87.9 per cent to 89.4 per cent. The capital witnessed a decline of rape cases from 609 in 2006 to 581 last year, Dadwal said noting that working out ratio has increased by 1.26 per cent to 95.18 per cent. Majority of the rape accused - 98.28 per cent - were known to the victims, he said. Of the persons arrested in rape cases, 340 were neighbours, 94 were friends and 62 were relatives. Only in ten cases, the accused were strangers. No rape cases were reported from 19 police stations out of the total 132 while 25 police stations accounted for 288 such incidents amounting to about 50 per cent. Police also solved all the 24 cases of kidnapping for ransom last year. There were 32 cases in 2006 and the solving rate was 75 per cent. However, Dadwal said there was a marginal increase - 0.36 per cent - in heinous offences with 2,217 such cases in 2007 as against 2209 in 2006. Cyber crime cases have gone up by 200 per cent last year compared to 2006. Among these, the increase in cases related to credit card fraud has registered a 500 per cent increase, he said.
NEW DELHI: Incidents of rape and kidnapping for ransom declined in the capital in 2007 while cases of the "new age" cyber crimes shot up by 200 per cent, Delhi Police Commissioner Y S Dadwal said on Wednesday. The capital recorded a decline in registration of IPC cases with 53,244 last year as against 55,125 in 2006, which was a decrease of 1,881 cases, he said releasing the crime data for 2007. However, he claimed that the detection rate of crime has increased from 87.9 per cent to 89.4 per cent. The capital witnessed a decline of rape cases from 609 in 2006 to 581 last year, Dadwal said noting that working out ratio has increased by 1.26 per cent to 95.18 per cent. Majority of the rape accused - 98.28 per cent - were known to the victims, he said. Of the persons arrested in rape cases, 340 were neighbours, 94 were friends and 62 were relatives. Only in ten cases, the accused were strangers. No rape cases were reported from 19 police stations out of the total 132 while 25 police stations accounted for 288 such incidents amounting to about 50 per cent. Police also solved all the 24 cases of kidnapping for ransom last year. There were 32 cases in 2006 and the solving rate was 75 per cent. However, Dadwal said there was a marginal increase - 0.36 per cent - in heinous offences with 2,217 such cases in 2007 as against 2209 in 2006. Cyber crime cases have gone up by 200 per cent last year compared to 2006. Among these, the increase in cases related to credit card fraud has registered a 500 per cent increase, he said.
BMW case: HC watches sting footage
BMW case: HC watches sting footage3 Jan 2008, 1928 hrs IST,PTI
NEW DELHI: The Delhi High Court on Thursday watched the video footage of a sting operation hinting at a collusion between defence advocate R K Anand and key prosecution witness Sunil Kulkarni in the BMW hit-and run case. The video CDs, containing footage of the expose, were submitted by a TV channel and were played before a division bench of Justices Manmohan Sarin and Madan B Lokur during arguments in contempt proceedings initiated against Anand. Advancing arguments, amicus curiae Arvind Nigam said rather than relying on the transcript of the footage, it would be better to play the video CDs as some parts of the conversation recorded during the sting operation were missing in the written text. The court accepted his plea and permitted playing of the CDs containing alleged conversation between Anand and Kulkarni at the airport and in Anand's car. The counsel, appearing for Anand, alleged that "lip movements of Anand", as shown in the video, did not synchronise with the sounds/words. "We will look into it, when you (Anand) will start your arguments in the case," the bench said. The arguments remained inconclusive and would continue on Friday. Earlier, the Court had allayed Anand's apprehension that the telecast of another sting operation on the issue, alleging that Kulkarni stayed in the lawyer's property at a hill station, would prejudice the bench. The senior advocate, defending himself for the first time in the contempt proceeding, contended that the channel was trying to interfere with the judicial system and sought help from the bench to prevent it from doing so.
NEW DELHI: The Delhi High Court on Thursday watched the video footage of a sting operation hinting at a collusion between defence advocate R K Anand and key prosecution witness Sunil Kulkarni in the BMW hit-and run case. The video CDs, containing footage of the expose, were submitted by a TV channel and were played before a division bench of Justices Manmohan Sarin and Madan B Lokur during arguments in contempt proceedings initiated against Anand. Advancing arguments, amicus curiae Arvind Nigam said rather than relying on the transcript of the footage, it would be better to play the video CDs as some parts of the conversation recorded during the sting operation were missing in the written text. The court accepted his plea and permitted playing of the CDs containing alleged conversation between Anand and Kulkarni at the airport and in Anand's car. The counsel, appearing for Anand, alleged that "lip movements of Anand", as shown in the video, did not synchronise with the sounds/words. "We will look into it, when you (Anand) will start your arguments in the case," the bench said. The arguments remained inconclusive and would continue on Friday. Earlier, the Court had allayed Anand's apprehension that the telecast of another sting operation on the issue, alleging that Kulkarni stayed in the lawyer's property at a hill station, would prejudice the bench. The senior advocate, defending himself for the first time in the contempt proceeding, contended that the channel was trying to interfere with the judicial system and sought help from the bench to prevent it from doing so.
HC lawyer's minor daughter abducted4 Jan 2008
HC lawyer's minor daughter abducted4 Jan 2008, 0440 hrs IST,TNN
NEW DELHI: A 16-year-old girl was allegedly abducted by an unidentified person from Sarojini Nagar on December 7. The girl is a student of a reputed convent school in south Delhi. Her father is a lawyer at Delhi High Court while mother is a central government employee. The family is staying in Sarojini Nagar. The girl's father told Times City: "On December 7, my daughter had gone to school but she did not come back after which I approached the police. The police first filed a missing report and later a case of kidnapping was registered." "I am running from pillar to post in search of my daughter. Police say that she has gone on her own but we received a ransom call from the kidnapper on December 17 who told us that he would call us again. I informed the police about this but nothing could be done as the caller had switched off his mobile phone," he added. The police said they have sent teams to various places in and around Delhi and efforts were being made to rescue the girl. The kidnapper, police said, seems to be someone known to the girl. The family, however, denied this. "Are the police aware whether my daughter is dead or alive? I have not spoken to her since she was kidnapped. There is only one call that have I received so far. The mobile phone was found to be switched off and thus the police failed to track him," the father said. "The police also told us that the man who had abducted my daughter is a criminal and had spent time behind bars for a long time and was released recently. I do not know what to do as it is almost a month and there has been no clue about my daughter's whereabouts.” "We have mounted surveillance on the accused and will soon rescue the girl," said an officer of Sarojini Nagar police station.
NEW DELHI: A 16-year-old girl was allegedly abducted by an unidentified person from Sarojini Nagar on December 7. The girl is a student of a reputed convent school in south Delhi. Her father is a lawyer at Delhi High Court while mother is a central government employee. The family is staying in Sarojini Nagar. The girl's father told Times City: "On December 7, my daughter had gone to school but she did not come back after which I approached the police. The police first filed a missing report and later a case of kidnapping was registered." "I am running from pillar to post in search of my daughter. Police say that she has gone on her own but we received a ransom call from the kidnapper on December 17 who told us that he would call us again. I informed the police about this but nothing could be done as the caller had switched off his mobile phone," he added. The police said they have sent teams to various places in and around Delhi and efforts were being made to rescue the girl. The kidnapper, police said, seems to be someone known to the girl. The family, however, denied this. "Are the police aware whether my daughter is dead or alive? I have not spoken to her since she was kidnapped. There is only one call that have I received so far. The mobile phone was found to be switched off and thus the police failed to track him," the father said. "The police also told us that the man who had abducted my daughter is a criminal and had spent time behind bars for a long time and was released recently. I do not know what to do as it is almost a month and there has been no clue about my daughter's whereabouts.” "We have mounted surveillance on the accused and will soon rescue the girl," said an officer of Sarojini Nagar police station.
Monday, December 31, 2007
2007 was an eventful year for the Supreme Court
2007 was an eventful year for the Supreme Court
The Court had passed orders on every facet of day-to-day life
“Actions of Parliament subject to judicial review”
Other Backward Classes quota law stayed
New Delhi: The year 2007 has been an eventful one for both the Supreme Court and the Chief Justice of India, K.G. Balakrishnan as the court passed orders on every facet of day-to-day life, be it politics or education or in relation to legislature and putting a check on the executive.
The word “representative Bench” got a new meaning in 2007 with the appointment of Justice Balakrishnan as the 37th Chief Justice of the Supreme Court from January 14. He is the first Chief Justice of India belonging to the Scheduled Caste and he succeeded Justice Y.K. Sabharwal, who retired on January 13. Ninth Schedule
A nine-judge Bench that examined the scope of the Ninth Schedule of the Constitution held that there could not be any blanket immunity from judicial review for laws inserted in the Ninth Schedule. (Once a law is enacted and included in the Ninth Schedule it gets protection under Article 31-B {validation of certain Acts and Regulations} of the Constitution and such a law is not subject to judicial scrutiny.) The court held that the power of judicial review could not be taken away by putting a law under the Ninth Schedule. ‘Cash for query’ case
Dealing with the issue of expulsion of MPs caught on the camera in the ‘cash for query’ sting operation, the court held that the actions of Parliament are subject to judicial review and no absolute immunity can be claimed to usurp the jurisdiction of the court. It, however, upheld the expulsion of the MPs and said: “Parliament is a co-ordinate organ and its views do deserve deference even while its acts are amenable to judicial scrutiny.”
The court said: “Constitutional system of government abhors absolutism and it being the cardinal principle of our Constitution that no one, howsoever lofty, can claim to be the sole judge of the power given under the Constitution. Mere co-ordinate constitutional status, or even the status of exalted constitutional functionaries, does not disentitle this court from exercising its jurisdiction of judicial review of action which partake the character of judicial or quasi-judicial decision.”
Passing orders on a batch of writ petitions challenging the constitutional validity of the Central Educational Institutions (Reservation in Admissions) Act, 2006, the court stayed the implementation of the law insofar as it pertained to 27 per cent quota for Other Backward Classes (OBCs). The Centre sought clarification of this order and this was rejected on April 23. Later a five-judge Bench heard elaborate arguments and the court is expected to give its verdict in January 2008.Forest Bench
Concerned at the interference by the Supreme Court in the ‘forest cases,’ the Centre filed an application for scrapping the ‘Forest Bench’ stating that the apex court should not think that it was the only institution that was protecting the environment as the Centre too had a responsibility. However, the Centre withdrew this application.
On issues relating to students, the court, by an interim order, directed the implementation of the report of the R.K. Raghavan Committee on measures to put down ragging in educational institutions.
Acting on a public interest litigation (PIL) petition, the court ordered a preliminary enquiry by the Central Bureau of Investigation against the Samajwadi Party chief, Mulayam Singh, and other family members in a “disproportionate assets case” against them. When a review was sought, Justice A.R. Lakshmanan (since retired), who wrote the judgment, broke down in the court claiming that he received a threatening letter and declined to hear the case further.
There was a relief for Uttar Pradesh Chief Minister Mayawati as the court declined to interfere with the decision of Governor refusing to grant sanction for her prosecution in the “Taj heritage corridor scam”.
On the Sethusamudram project, the court, by an interim order, while allowing the project to continue stayed the demolition of Ramar Sethu. Subsequently, the Centre filed an affidavit stating that Ramar Sethu was not man made but withdrew this affidavit and took time to file a fresh affidavit.
The apex court sat on a Sunday to hear a petition against the observance of a bandh in Tamil Nadu. By an interim order, the court restrained the Dravida Munnetra Kazhagam and its allies from proceeding with the bandh on October 1.
The court declined to interfere in the nomination of Pratibha Patil as the United Progressive Alliance-Left candidate for the Presidential election by dismissing a petition.
The court dismissed Mohd. Afzal’s plea to review the death sentence awarded to him in the Parliament attack case. The court directed the release on bail of Bollywood actor Sanjay Dutt and certain other accused, convicted and sentenced in the 1993 Mumbai serial blasts case.
A few days prior to the second phase of Assembly polls in Gujarat, the court issued a contempt notice on Chief Minister Narendra Modi for his speech on Sohrabuddin (killed in fake encounter). A two-judge Bench criticised the courts (including the apex court) for passing orders on PILs which had the effect of interfering with the functions of the Legislature and the Executive. A three-judge Bench headed by Justice Balakrishnan quickly responded by agreeing to lay down fresh guidelines for entertaining PILs.
The Court had passed orders on every facet of day-to-day life
“Actions of Parliament subject to judicial review”
Other Backward Classes quota law stayed
New Delhi: The year 2007 has been an eventful one for both the Supreme Court and the Chief Justice of India, K.G. Balakrishnan as the court passed orders on every facet of day-to-day life, be it politics or education or in relation to legislature and putting a check on the executive.
The word “representative Bench” got a new meaning in 2007 with the appointment of Justice Balakrishnan as the 37th Chief Justice of the Supreme Court from January 14. He is the first Chief Justice of India belonging to the Scheduled Caste and he succeeded Justice Y.K. Sabharwal, who retired on January 13. Ninth Schedule
A nine-judge Bench that examined the scope of the Ninth Schedule of the Constitution held that there could not be any blanket immunity from judicial review for laws inserted in the Ninth Schedule. (Once a law is enacted and included in the Ninth Schedule it gets protection under Article 31-B {validation of certain Acts and Regulations} of the Constitution and such a law is not subject to judicial scrutiny.) The court held that the power of judicial review could not be taken away by putting a law under the Ninth Schedule. ‘Cash for query’ case
Dealing with the issue of expulsion of MPs caught on the camera in the ‘cash for query’ sting operation, the court held that the actions of Parliament are subject to judicial review and no absolute immunity can be claimed to usurp the jurisdiction of the court. It, however, upheld the expulsion of the MPs and said: “Parliament is a co-ordinate organ and its views do deserve deference even while its acts are amenable to judicial scrutiny.”
The court said: “Constitutional system of government abhors absolutism and it being the cardinal principle of our Constitution that no one, howsoever lofty, can claim to be the sole judge of the power given under the Constitution. Mere co-ordinate constitutional status, or even the status of exalted constitutional functionaries, does not disentitle this court from exercising its jurisdiction of judicial review of action which partake the character of judicial or quasi-judicial decision.”
Passing orders on a batch of writ petitions challenging the constitutional validity of the Central Educational Institutions (Reservation in Admissions) Act, 2006, the court stayed the implementation of the law insofar as it pertained to 27 per cent quota for Other Backward Classes (OBCs). The Centre sought clarification of this order and this was rejected on April 23. Later a five-judge Bench heard elaborate arguments and the court is expected to give its verdict in January 2008.Forest Bench
Concerned at the interference by the Supreme Court in the ‘forest cases,’ the Centre filed an application for scrapping the ‘Forest Bench’ stating that the apex court should not think that it was the only institution that was protecting the environment as the Centre too had a responsibility. However, the Centre withdrew this application.
On issues relating to students, the court, by an interim order, directed the implementation of the report of the R.K. Raghavan Committee on measures to put down ragging in educational institutions.
Acting on a public interest litigation (PIL) petition, the court ordered a preliminary enquiry by the Central Bureau of Investigation against the Samajwadi Party chief, Mulayam Singh, and other family members in a “disproportionate assets case” against them. When a review was sought, Justice A.R. Lakshmanan (since retired), who wrote the judgment, broke down in the court claiming that he received a threatening letter and declined to hear the case further.
There was a relief for Uttar Pradesh Chief Minister Mayawati as the court declined to interfere with the decision of Governor refusing to grant sanction for her prosecution in the “Taj heritage corridor scam”.
On the Sethusamudram project, the court, by an interim order, while allowing the project to continue stayed the demolition of Ramar Sethu. Subsequently, the Centre filed an affidavit stating that Ramar Sethu was not man made but withdrew this affidavit and took time to file a fresh affidavit.
The apex court sat on a Sunday to hear a petition against the observance of a bandh in Tamil Nadu. By an interim order, the court restrained the Dravida Munnetra Kazhagam and its allies from proceeding with the bandh on October 1.
The court declined to interfere in the nomination of Pratibha Patil as the United Progressive Alliance-Left candidate for the Presidential election by dismissing a petition.
The court dismissed Mohd. Afzal’s plea to review the death sentence awarded to him in the Parliament attack case. The court directed the release on bail of Bollywood actor Sanjay Dutt and certain other accused, convicted and sentenced in the 1993 Mumbai serial blasts case.
A few days prior to the second phase of Assembly polls in Gujarat, the court issued a contempt notice on Chief Minister Narendra Modi for his speech on Sohrabuddin (killed in fake encounter). A two-judge Bench criticised the courts (including the apex court) for passing orders on PILs which had the effect of interfering with the functions of the Legislature and the Executive. A three-judge Bench headed by Justice Balakrishnan quickly responded by agreeing to lay down fresh guidelines for entertaining PILs.
Four new Chief Justices
Four new Chief Justices
NEW DELHI: President Pratibha Patil on Monday appointed Justice Anil Ramesh Dave, Judge of the Gujarat High Court as the Chief Justice of the Andhra Pradesh High Court; Justice Kalavamkodath Sivasankara Panicker Radhakrishnan, Judge of the Kerala High Court as the Chief Justice of the Jammu and Kashmir High Court; Justice Rajesh Balia, Judge of the Rajasthan High Court as the Chief Justice of the Patna High Court and Justice Narayan Roy, Judge of the Patna High Court as the Chief Justice of Rajasthan High Court.
NEW DELHI: President Pratibha Patil on Monday appointed Justice Anil Ramesh Dave, Judge of the Gujarat High Court as the Chief Justice of the Andhra Pradesh High Court; Justice Kalavamkodath Sivasankara Panicker Radhakrishnan, Judge of the Kerala High Court as the Chief Justice of the Jammu and Kashmir High Court; Justice Rajesh Balia, Judge of the Rajasthan High Court as the Chief Justice of the Patna High Court and Justice Narayan Roy, Judge of the Patna High Court as the Chief Justice of Rajasthan High Court.
Delete anticipatory bail provision: Law Commission
Delete anticipatory bail provision: Law Commission
It provides for personal appearance during final order
Lawyers fear applicant will be arrested on denial of bail
Rejection of plea is no ground for immediate arrest: Commission
New Delhi: The Law Commission has recommended deletion of the controversial amendment to Section 438 of the Criminal Procedure Code providing for personal appearance in court of a person seeking anticipatory bail when the final order is passed.
The Centre kept the amendment in abeyance and referred the matter to the Commission following a widespread agitation by lawyers in Tamil Nadu and other parts of the country.
The legal fraternity felt that the applicant would be arrested in the event of rejection of his application if he was present in the court and he might be deprived of the opportunity of moving the higher court. Commission Chairman A.R. Lakshmanan presented the 203rd report to Law Minister H.R. Bhardwaj last week.
The Commission, which held extensive consultations, said: “When the applicant appears in compliance with the court’s order and is subjected to the court’s directions, he may be viewed as [being] in the court’s custody and this may render the relief of anticipatory bail infructuous. The Commission has therefore recommended deletion of sub-section (1B) of Section 438 Cr.PC.”“Exercise caution”
As for the provision which also permits arrest of the applicant without warrant once the anticipatory bail application is rejected or when no order is passed, the report, quoting a Supreme Court judgment, said: “The power of arrest is not to be exercised in a mechanical manner but with caution and circumspection. The mere fact that the bail application is rejected is no ground for directing the applicant’s immediate arrest.”
The Commission said: “There may be causes where an application may be rejected and yet the applicant is not put up for trial as, after investigation, no material is found against him.” It therefore recommended omission of this clause.
Before the amendment was introduced, both the sessions court and the High Court had concurrent jurisdiction to entertain an anticipatory bail application under Section 438.
This was amended stating the power should be exercised by either the sessions court or the High Court. In order to streamline the procedure, the Commission has recommended insertion of a new provision in Section 438, on the lines of Section 397 (3), providing the applicant an option to choose either the court of sessions or the High Court.
But once the option is exercised, recourse to the other forum is barred for the same relief. However, all other existing remedies against such a final order will continue to be available. The Commission said, “This will take away much of the sting of lawyers’ objections to the amendment.”
Also, a final order on an anticipatory bail application would not be construed as an interlocutory order for purposes of the Cr.PC.
The report contains the text of revised Section 438 Cr.PC for consideration by the Centre.
It provides for personal appearance during final order
Lawyers fear applicant will be arrested on denial of bail
Rejection of plea is no ground for immediate arrest: Commission
New Delhi: The Law Commission has recommended deletion of the controversial amendment to Section 438 of the Criminal Procedure Code providing for personal appearance in court of a person seeking anticipatory bail when the final order is passed.
The Centre kept the amendment in abeyance and referred the matter to the Commission following a widespread agitation by lawyers in Tamil Nadu and other parts of the country.
The legal fraternity felt that the applicant would be arrested in the event of rejection of his application if he was present in the court and he might be deprived of the opportunity of moving the higher court. Commission Chairman A.R. Lakshmanan presented the 203rd report to Law Minister H.R. Bhardwaj last week.
The Commission, which held extensive consultations, said: “When the applicant appears in compliance with the court’s order and is subjected to the court’s directions, he may be viewed as [being] in the court’s custody and this may render the relief of anticipatory bail infructuous. The Commission has therefore recommended deletion of sub-section (1B) of Section 438 Cr.PC.”“Exercise caution”
As for the provision which also permits arrest of the applicant without warrant once the anticipatory bail application is rejected or when no order is passed, the report, quoting a Supreme Court judgment, said: “The power of arrest is not to be exercised in a mechanical manner but with caution and circumspection. The mere fact that the bail application is rejected is no ground for directing the applicant’s immediate arrest.”
The Commission said: “There may be causes where an application may be rejected and yet the applicant is not put up for trial as, after investigation, no material is found against him.” It therefore recommended omission of this clause.
Before the amendment was introduced, both the sessions court and the High Court had concurrent jurisdiction to entertain an anticipatory bail application under Section 438.
This was amended stating the power should be exercised by either the sessions court or the High Court. In order to streamline the procedure, the Commission has recommended insertion of a new provision in Section 438, on the lines of Section 397 (3), providing the applicant an option to choose either the court of sessions or the High Court.
But once the option is exercised, recourse to the other forum is barred for the same relief. However, all other existing remedies against such a final order will continue to be available. The Commission said, “This will take away much of the sting of lawyers’ objections to the amendment.”
Also, a final order on an anticipatory bail application would not be construed as an interlocutory order for purposes of the Cr.PC.
The report contains the text of revised Section 438 Cr.PC for consideration by the Centre.
Another extension for Liberhan panel
Another extension for Liberhan panel
Legal Correspondent
New Delhi: The Centre on Monday extended by another two months the tenure of the Justice Liberhan Commission, probing the sequence of events leading to the demolition of the Babri Masjid in Ayodhya on December 6, 1992. Its term expired on Monday. The Centre asked the Commission to submit its report on or before February 29, 2008.
The panel, set up on December 16, 1992, began effective sittings from January 1993. It held nearly 350 sittings and examined 101 persons —14 defence witnesses, 53 Central government witnesses and 34 Commission witnesses. The Commission is in the process of writing the report.
Legal Correspondent
New Delhi: The Centre on Monday extended by another two months the tenure of the Justice Liberhan Commission, probing the sequence of events leading to the demolition of the Babri Masjid in Ayodhya on December 6, 1992. Its term expired on Monday. The Centre asked the Commission to submit its report on or before February 29, 2008.
The panel, set up on December 16, 1992, began effective sittings from January 1993. It held nearly 350 sittings and examined 101 persons —14 defence witnesses, 53 Central government witnesses and 34 Commission witnesses. The Commission is in the process of writing the report.
CIC slams Defence Ministry's for its obsession with secrecy
CIC slams Defence Ministry's for its obsession with secrecy1 Jan 2008, 0251 hrs IST,TNN
NEW DELHI: The Central Information Commission has asked the Defence Ministry to spell out the details and records which it could reveal to the public at large, even as it chided the government for being "obsessive" with "confidentiality". The CIC asked the Defence Ministry to outline a "de-classification policy" for release of information in public domain, an agency report said. Information Commissioner A N Tiwari, hearing the petition from a journalist seeking details of INS Khukri's sinking in the Arabian Sea in 1971 after being torpedoed by a Pakistani submarine, said, "It is better to draw out a determination as to what (details) you want to part with and what you do not want to give." The petitioner had sought details from the Defence Ministry but was denied the same, after which the CIC was approached. The commission's bench headed by Chief Information Commissioner WajahatHabibullah did not find any fault with the ministry's reply but it expressed concern about the government's tendency to keep information out of a citizen's reach. Taking an apparent dig at the contention raised by officials that every data on INS Khukri's sinking, if released, could compromise its tactical thought process, Tiwari asked, "Can the country be held hostage for failure of the defence?" Drawing out a comparison with the Royal Navy of Britain, Tiwari said while all relevant information pertaining to HMS Sheffield, destroyed by an Argentine missile in 1982, was open to general public, the Indian counterpart was still reluctant to part with such information
NEW DELHI: The Central Information Commission has asked the Defence Ministry to spell out the details and records which it could reveal to the public at large, even as it chided the government for being "obsessive" with "confidentiality". The CIC asked the Defence Ministry to outline a "de-classification policy" for release of information in public domain, an agency report said. Information Commissioner A N Tiwari, hearing the petition from a journalist seeking details of INS Khukri's sinking in the Arabian Sea in 1971 after being torpedoed by a Pakistani submarine, said, "It is better to draw out a determination as to what (details) you want to part with and what you do not want to give." The petitioner had sought details from the Defence Ministry but was denied the same, after which the CIC was approached. The commission's bench headed by Chief Information Commissioner WajahatHabibullah did not find any fault with the ministry's reply but it expressed concern about the government's tendency to keep information out of a citizen's reach. Taking an apparent dig at the contention raised by officials that every data on INS Khukri's sinking, if released, could compromise its tactical thought process, Tiwari asked, "Can the country be held hostage for failure of the defence?" Drawing out a comparison with the Royal Navy of Britain, Tiwari said while all relevant information pertaining to HMS Sheffield, destroyed by an Argentine missile in 1982, was open to general public, the Indian counterpart was still reluctant to part with such information
Gopal Ansal moves HC in Uphaar case
Gopal Ansal moves HC in Uphaar case1 Jan 2008, 0522 hrs IST,TNN
NEW DELHI: Businessman Gopal Ansal, one of the 12 convicts in the Uphaar cinema fire tragedy case, on Monday approached the Delhi High Court challenging his conviction and sentence of two-year prison term by a trial court. Appearing before a vacation Bench comprising Justices H R Malhotra and P K Bhasin, the counsel for Gopal Ansal sought the court’s permission to file the appeal, which was granted by the Bench. The court posted the matter for further hearing on January 02, the day on which a regular Bench is expected to take up the appeal of his brother Sushil Ansal who has also been sentenced to two years’ imprisonment. HC had already on December 11 issued notices to the CBI and Association of Victims of the Uphaar Tragedy (AVUT) on Sushil’s petition and sought their response to his appeal for suspension of sentence. In his appeal, Gopal, like his brother has maintained that the lower court wrongly implicated him in the case without appreciating that he was not the licensee of the ill-fated cinema hall. Saying that the second transformer which led to the tragedy was "thrust upon" the management by the civic agencies, Ansal has questioned why only he and his brother along with Uphaar management were singled out when it was the duty of other agencies like DCP licensing to ensure removal of any alleged deviations in the hall. The petition further argues that it was the job of the parking authorities outside the hall to manage vehicles in and around the cinema hall for which the owners can’t be held liable. On November 23, a Patiala house sessions court had sentenced Sushil Ansal along with his brother Gopal — the owners of cinema hall — to a two-year jail term for causing death by their negligent act. Seven others — Radha Krishan Sharma, N S Chopra, Ajit Chowdhary (Uphaar managers), Manmohan Unniyal (cinema’s gatekeeper), Brij Mohan Satija, A K Gera and Bir Singh (all DVB officials) — held guilty for culpable homicide not amounting to murder, were awarded seven years’ rigorous imprisonment. The other three, convicted for offences similar to that of the Ansals were also given a two years’ jail term each but were granted bail.
bellyad.innerHTML = b2;
NEW DELHI: Businessman Gopal Ansal, one of the 12 convicts in the Uphaar cinema fire tragedy case, on Monday approached the Delhi High Court challenging his conviction and sentence of two-year prison term by a trial court. Appearing before a vacation Bench comprising Justices H R Malhotra and P K Bhasin, the counsel for Gopal Ansal sought the court’s permission to file the appeal, which was granted by the Bench. The court posted the matter for further hearing on January 02, the day on which a regular Bench is expected to take up the appeal of his brother Sushil Ansal who has also been sentenced to two years’ imprisonment. HC had already on December 11 issued notices to the CBI and Association of Victims of the Uphaar Tragedy (AVUT) on Sushil’s petition and sought their response to his appeal for suspension of sentence. In his appeal, Gopal, like his brother has maintained that the lower court wrongly implicated him in the case without appreciating that he was not the licensee of the ill-fated cinema hall. Saying that the second transformer which led to the tragedy was "thrust upon" the management by the civic agencies, Ansal has questioned why only he and his brother along with Uphaar management were singled out when it was the duty of other agencies like DCP licensing to ensure removal of any alleged deviations in the hall. The petition further argues that it was the job of the parking authorities outside the hall to manage vehicles in and around the cinema hall for which the owners can’t be held liable. On November 23, a Patiala house sessions court had sentenced Sushil Ansal along with his brother Gopal — the owners of cinema hall — to a two-year jail term for causing death by their negligent act. Seven others — Radha Krishan Sharma, N S Chopra, Ajit Chowdhary (Uphaar managers), Manmohan Unniyal (cinema’s gatekeeper), Brij Mohan Satija, A K Gera and Bir Singh (all DVB officials) — held guilty for culpable homicide not amounting to murder, were awarded seven years’ rigorous imprisonment. The other three, convicted for offences similar to that of the Ansals were also given a two years’ jail term each but were granted bail.
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A Democratic Attitude Helps Reduce Stress
A Democratic Attitude Helps Reduce Stress29 Dec 2007, 0001 hrs IST,Ravi K Wadhawan
The qualities of the playful Krishna, dignified Maryada Purush Rama, serene Mahavira and Buddha define our cultural heritage. Despite the rich tradition, however, we are increasingly becoming vulnerable to stress and strain. We also accept that once we have stress in us, it can only be managed and not eliminated. Managing stress means we are accepting its presence in our lives as an inevitability. Parents worry about the levels of stress in their children. This in turn makes parenting a stressful activity. Since stress is inside of us, it cannot be plucked out easily. Stress carries a huge quantum of energy and so is never still. It travels to every nook and corner of our body and begins to dominate our lives in all spheres. Stress releases negative energy and disturbs the normal functioning of our heart, liver, kidneys and lungs. It permeates every cell in the body. The major manufacturers of stress are anger, ego, jealousy, irritation and our perceived failures. A better understanding and analysis of these factors can help us overcome them. Generally, opposition to what we wish, want and think, gene-rates anger. A justified opposition should not anger us. But when reason is lost, we get angry. This gives rise to ego. Anger and ego are intricately related. Anger comes and goes while ego settles and forms layers. Over a period of time, ego begins to weigh us down. A body weighing a mere 40 kg mass may carry with it a tonne of ego! Acceptance prevents anger. And acceptance comes to those who are receptive to criticism. To be receptive to criticism, you must evolve a democratic temperament in an argument. When somebody takes a view opposite to yours, it does not necessarily mean that he is wrong. You might be wrong. When you think that you are right, simultaneously the other person is also thinking the same of himself. A third person might find that there is no room for anger in this conflict because it is either a fight between two rights or two wrongs. There is also a third possibility that one of the two conflicting persons is right and the other one is wrong. But the problem here is that who will confess to being wrong? Accepting the other person's right to his view requires a democratic attitude. Once we imbibe the spirit of democracy, acceptance becomes easier. This brings about a calming effect upon everybody involved in the conflict and improves inter-personal relations. With this democratic approach to life, anger begins to disappear and with it, the layers of ego in us begin to dissolve. This makes us feel lighter, and happier. Irritation being the smaller version of anger also recedes once we are able to analyse anger. Jealousy feeds anger. Its random energy burns and chars us from inside. It comes to us either from an inferiority or superiority complex. In its acute manifestation, it becomes harmful to both the person who is jealous and the person who is being envied. Jealousy colours our perception of everything. We should count our blessings everyday and give thanks to God everyday. It will invoke generosity in us, forming an antidote to jealousy. We can overcome negative tendencies in us by honestly analysing our feelings. We need to remember that any solution has to come from inside rather than from the outside. Once we empty ourselves of our negative feelings, we begin to feel at peace. Then we can live happily ever after.
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var RNS = RN.substring (2,11);
var b2 = ' ';
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The qualities of the playful Krishna, dignified Maryada Purush Rama, serene Mahavira and Buddha define our cultural heritage. Despite the rich tradition, however, we are increasingly becoming vulnerable to stress and strain. We also accept that once we have stress in us, it can only be managed and not eliminated. Managing stress means we are accepting its presence in our lives as an inevitability. Parents worry about the levels of stress in their children. This in turn makes parenting a stressful activity. Since stress is inside of us, it cannot be plucked out easily. Stress carries a huge quantum of energy and so is never still. It travels to every nook and corner of our body and begins to dominate our lives in all spheres. Stress releases negative energy and disturbs the normal functioning of our heart, liver, kidneys and lungs. It permeates every cell in the body. The major manufacturers of stress are anger, ego, jealousy, irritation and our perceived failures. A better understanding and analysis of these factors can help us overcome them. Generally, opposition to what we wish, want and think, gene-rates anger. A justified opposition should not anger us. But when reason is lost, we get angry. This gives rise to ego. Anger and ego are intricately related. Anger comes and goes while ego settles and forms layers. Over a period of time, ego begins to weigh us down. A body weighing a mere 40 kg mass may carry with it a tonne of ego! Acceptance prevents anger. And acceptance comes to those who are receptive to criticism. To be receptive to criticism, you must evolve a democratic temperament in an argument. When somebody takes a view opposite to yours, it does not necessarily mean that he is wrong. You might be wrong. When you think that you are right, simultaneously the other person is also thinking the same of himself. A third person might find that there is no room for anger in this conflict because it is either a fight between two rights or two wrongs. There is also a third possibility that one of the two conflicting persons is right and the other one is wrong. But the problem here is that who will confess to being wrong? Accepting the other person's right to his view requires a democratic attitude. Once we imbibe the spirit of democracy, acceptance becomes easier. This brings about a calming effect upon everybody involved in the conflict and improves inter-personal relations. With this democratic approach to life, anger begins to disappear and with it, the layers of ego in us begin to dissolve. This makes us feel lighter, and happier. Irritation being the smaller version of anger also recedes once we are able to analyse anger. Jealousy feeds anger. Its random energy burns and chars us from inside. It comes to us either from an inferiority or superiority complex. In its acute manifestation, it becomes harmful to both the person who is jealous and the person who is being envied. Jealousy colours our perception of everything. We should count our blessings everyday and give thanks to God everyday. It will invoke generosity in us, forming an antidote to jealousy. We can overcome negative tendencies in us by honestly analysing our feelings. We need to remember that any solution has to come from inside rather than from the outside. Once we empty ourselves of our negative feelings, we begin to feel at peace. Then we can live happily ever after.
var RN = new String (Math.random());
var RNS = RN.substring (2,11);
var b2 = ' ';
if (doweshowbellyad==1)
bellyad.innerHTML = b2;
Young wrestler raped, killed30 Dec 2007, 0128 hrs IST,TNN
YAMUNANAGAR: At 15, Rinkle was all set to rule the mat as one of Haryana’s promising female wrestlers. She came in second in the 48-kg category at the junior wrestling championships at Ambala and was getting ready for the national wrestling meet. But five days before the selections, Rinkle was raped and killed allegedly by two of her uncles as she was taking food from her home to her grandfather. Her life snuffed out brutally, all that remained as testimony to Rinkle’s wrestling dreams was a trophy presented to her by CM B S Hooda, which she had proudly displayed in her living room. On Saturday, nine days after she disappeared from Amdalpur village, police arrested and took to court three of the accused, among them her uncle Naresh, even as they sent search parties to hunt down her other uncle, Rimpa, who is absconding. According to police, the uncles first allegedly raped her and then, when fingers started pointing towards them, killed her. The three arrested men have been sent in police remand for a day. Rinkle’s father, Jagpal Singh, said she had gone to deliver a meal to her grandfather on December 20 when she stopped by at her uncles’ place. She went missing the same day. Her body was recovered from the western Yamuna canal on December 26. A postmortem report said the death was caused by drowning. The police are still trying to ascertain how and why the other two accused connived with the uncles.
Promotion to a temporary post can be revoked: CAT
Promotion to a temporary post can be revoked: CAT30 Dec 2007, 1233 hrs IST,PTI
NEW DELHI: The Central Administrative Tribunal (CAT) has declined to set aside the Human Resource Development (HRD) Ministry's decision to revert an employee to a lower post holding that his promotion earlier was to a temporary post. A Bench comprising Justices V K Bali and L K Joshi observed that the very promotion of the petitioner appeared to be on a temporary-basis for a particular work and hence her promotion can be revoked. The petitioner was promoted to the post of Senior Proof Reader on a temporary sanctioned post for editing work of "UNESCO Doot". "There will be no illegality in reverting an incumbent to a post, who may be temporarily occupying the assigned job, when requirement of the same may come to an end," the Bench said. The Tribunal viewed that the impugned orders came on May 1 and 6, 2002 and by filing the petition by the end of 2007, the case was "hopelessly barred by time". "There was no occasion for the petitioner to have waited for the decision on her representation for such a long time," it said. The orders under challenge clearly revealed that the petitioner was reverted to post Proof Reader Junior on abolition of the temporary sanctioned post of Senior Proof Reader to which she was promoted for a particular work, the Tribunal held.
NEW DELHI: The Central Administrative Tribunal (CAT) has declined to set aside the Human Resource Development (HRD) Ministry's decision to revert an employee to a lower post holding that his promotion earlier was to a temporary post. A Bench comprising Justices V K Bali and L K Joshi observed that the very promotion of the petitioner appeared to be on a temporary-basis for a particular work and hence her promotion can be revoked. The petitioner was promoted to the post of Senior Proof Reader on a temporary sanctioned post for editing work of "UNESCO Doot". "There will be no illegality in reverting an incumbent to a post, who may be temporarily occupying the assigned job, when requirement of the same may come to an end," the Bench said. The Tribunal viewed that the impugned orders came on May 1 and 6, 2002 and by filing the petition by the end of 2007, the case was "hopelessly barred by time". "There was no occasion for the petitioner to have waited for the decision on her representation for such a long time," it said. The orders under challenge clearly revealed that the petitioner was reverted to post Proof Reader Junior on abolition of the temporary sanctioned post of Senior Proof Reader to which she was promoted for a particular work, the Tribunal held.
Mumbai courts top in giving death penalty
Mumbai courts top in giving death penalty31 Dec 2007, 0020 hrs IST,Kartikeya,TNN
MUMBAI: This is one grim statistic that the city will not be proud of. Of the 25 death penalties handed down by trial courts in India in 2007, 12 were given in Mumbai alone. Moreover, this year, the Bombay High Court confirmed death sentences for six persons, which again is the highest number among all high courts in the country. In comparison, the Delhi and Chennai HCs upheld death sentences for one and three persons. Going by the cases lined up for hearing, in 2008 too, prosecutors in Mumbai are likely to ask for more than 20 persons to be sent to the gallows if they are found guilty of the crimes they are charged with. The last execution in Maharashtra was carried out on July 12, 1995, when a convict named Amrutlal Joshi was hanged at Pune's Yerawada jail. Currently, the state has 42 convicts on death row -- which is also the highest number for any state in the country. The latest additions came last Thursday when a fast-track court in Pune sentenced two women -- Leena Deosthali and Deepti Deosthali -- for murdering a doctor in 2006. "The Bombay HC is confirming death sentences where the crime is marked by brazen brutality,'' said senior lawyer Shrikant Bhat. He added that these days brutal crimes are highlighted by media and courts are reluctant to be lenient on them. "Organized crime and terror acts also invite the death penalty," he added. The 12 men who received capital punishment in Mumbai in 2007 were those found guilty by the Terrorism and Disruptive Activities (prevention) court in the 1993 serial blasts case. The prosecution had demanded death for 44 convicts connected to the case but the court awarded it only to a dozen. "Terror attacks are one category where the courts are considering the crime heinous enough to be punished with death," said ex-IPS officer and advocate Y P Singh. The SC says death penalty should be an exception and not the rule and given only in the "rarest of rare" cases. The six confirmations of death sentence by the Bombay HC came in two cases. Three robbers, who had killed five members of a family, at Nashik and three others, who were convicted in the Vasai honour killings, can now only hope for a reprieve from the SC. Incidentally, in 2007, the SC upheld death sentences for two women from Maharashtra, Renuka Shinde and Seema Gavit, who had kidnapped and killed 14 children. If their execution is carried out then they will be the first women to be hanged in India. In 2008, prosecutors in Mumbai are expected to demand death for five persons including a woman, if they are held guilty of carrying out the twin blasts at the Gateway and Zaveri Bazaar in 2004.
MUMBAI: This is one grim statistic that the city will not be proud of. Of the 25 death penalties handed down by trial courts in India in 2007, 12 were given in Mumbai alone. Moreover, this year, the Bombay High Court confirmed death sentences for six persons, which again is the highest number among all high courts in the country. In comparison, the Delhi and Chennai HCs upheld death sentences for one and three persons. Going by the cases lined up for hearing, in 2008 too, prosecutors in Mumbai are likely to ask for more than 20 persons to be sent to the gallows if they are found guilty of the crimes they are charged with. The last execution in Maharashtra was carried out on July 12, 1995, when a convict named Amrutlal Joshi was hanged at Pune's Yerawada jail. Currently, the state has 42 convicts on death row -- which is also the highest number for any state in the country. The latest additions came last Thursday when a fast-track court in Pune sentenced two women -- Leena Deosthali and Deepti Deosthali -- for murdering a doctor in 2006. "The Bombay HC is confirming death sentences where the crime is marked by brazen brutality,'' said senior lawyer Shrikant Bhat. He added that these days brutal crimes are highlighted by media and courts are reluctant to be lenient on them. "Organized crime and terror acts also invite the death penalty," he added. The 12 men who received capital punishment in Mumbai in 2007 were those found guilty by the Terrorism and Disruptive Activities (prevention) court in the 1993 serial blasts case. The prosecution had demanded death for 44 convicts connected to the case but the court awarded it only to a dozen. "Terror attacks are one category where the courts are considering the crime heinous enough to be punished with death," said ex-IPS officer and advocate Y P Singh. The SC says death penalty should be an exception and not the rule and given only in the "rarest of rare" cases. The six confirmations of death sentence by the Bombay HC came in two cases. Three robbers, who had killed five members of a family, at Nashik and three others, who were convicted in the Vasai honour killings, can now only hope for a reprieve from the SC. Incidentally, in 2007, the SC upheld death sentences for two women from Maharashtra, Renuka Shinde and Seema Gavit, who had kidnapped and killed 14 children. If their execution is carried out then they will be the first women to be hanged in India. In 2008, prosecutors in Mumbai are expected to demand death for five persons including a woman, if they are held guilty of carrying out the twin blasts at the Gateway and Zaveri Bazaar in 2004.
Top cop accused of harassment31 Dec 2007
Top cop accused of harassment31 Dec 2007, 0220 hrs IST,Neel Kamal,TNN
SANGRUR: Balwant Kaur, a resident of Barundi village in Sangrur, has approached the district police chief with a complaint against a senior police officer, alleging that she was sexually harassed by the cop, who was reportedly inquiring into a case of maltreatment of the woman by her in-laws and husband. Exasperated, Kaur, a postgraduate, has given an ultimatum that in case the police failed to take action against her in-laws and the officer by January 15, she would expose the “guilty police officer”. Kaur was married to Gurpreet Singh of Sandaur four years ago, while her mother, sisters and brother left for Canada a year back. Soon after, her in-laws allegedly started pressuring her to get money from her mother, which she did on some occasions. Later, Kaur alleged that her in-laws expected her mother to help Gurpreet Singh migrate to Canada. Kaur, in a press conference, claimed that when she failed to facilitate her husband’s immigration to Canada, her in-laws started beating her up regularly. "On August 22, I took the matter to police post Sandaur but their inaction made me approach SSP Sangrur on October 12 and an enquiry was marked," said Kaur, who was made to return to her in-laws’ place with the assurance that they would not harass her anymore, she claimed. However, the torture only increased after police intervention, Kaur added. On December 5, she again complained to the police, accusing her in-laws of trying to kill her by beating her so severely that she was admitted to civil hospital, Malerkotla. The police registered a case under sections 324, 323, 498, 34 of IPC against her husband, mother-in-law Manjit Kaur and sister-in-law Gagandeep. "Justice was denied to me as no arrest was made and my in-laws threatened me with dire consequences," said Kaur, accusing the investigating police officer of harassing her by sending vulgar messages and favouring her in-laws. "If the police do not arrest my in-laws and take action against the guilty police officer, I will approach higher authorities and unmask the officer," said Kaur. Informing that the enquiry officer in Kaur’s case had been changed and a CIA staff was asked to take over and make arrests if necessary, SSP Arunpal Singh said, "About the police officer accused of sending vulgar messages, the matter will be investigated if Kaur gives the complaint in writing. If any police officer is found guilty, appropriate action will be taken."
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SANGRUR: Balwant Kaur, a resident of Barundi village in Sangrur, has approached the district police chief with a complaint against a senior police officer, alleging that she was sexually harassed by the cop, who was reportedly inquiring into a case of maltreatment of the woman by her in-laws and husband. Exasperated, Kaur, a postgraduate, has given an ultimatum that in case the police failed to take action against her in-laws and the officer by January 15, she would expose the “guilty police officer”. Kaur was married to Gurpreet Singh of Sandaur four years ago, while her mother, sisters and brother left for Canada a year back. Soon after, her in-laws allegedly started pressuring her to get money from her mother, which she did on some occasions. Later, Kaur alleged that her in-laws expected her mother to help Gurpreet Singh migrate to Canada. Kaur, in a press conference, claimed that when she failed to facilitate her husband’s immigration to Canada, her in-laws started beating her up regularly. "On August 22, I took the matter to police post Sandaur but their inaction made me approach SSP Sangrur on October 12 and an enquiry was marked," said Kaur, who was made to return to her in-laws’ place with the assurance that they would not harass her anymore, she claimed. However, the torture only increased after police intervention, Kaur added. On December 5, she again complained to the police, accusing her in-laws of trying to kill her by beating her so severely that she was admitted to civil hospital, Malerkotla. The police registered a case under sections 324, 323, 498, 34 of IPC against her husband, mother-in-law Manjit Kaur and sister-in-law Gagandeep. "Justice was denied to me as no arrest was made and my in-laws threatened me with dire consequences," said Kaur, accusing the investigating police officer of harassing her by sending vulgar messages and favouring her in-laws. "If the police do not arrest my in-laws and take action against the guilty police officer, I will approach higher authorities and unmask the officer," said Kaur. Informing that the enquiry officer in Kaur’s case had been changed and a CIA staff was asked to take over and make arrests if necessary, SSP Arunpal Singh said, "About the police officer accused of sending vulgar messages, the matter will be investigated if Kaur gives the complaint in writing. If any police officer is found guilty, appropriate action will be taken."
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