Professional & Knowledgable Law Team

Saturday, November 12, 2011

New names may be added to NRI ‘black list’

Patiala, November 11(TNS)
In a bid to tighten the noose around hardcore criminals of Punjabi-origin who have been evading arrest for long, the Punjab Police has initiated the process of adding a few more names to the controversial ‘black list’ of NRIs.
Investigations by The Tribune revealed that there were as many as 16 new names that could be added to the list. It would then be forwarded to Central intelligence agencies.
Notably, the black list of Sikhs has always been a bone of contention between the Shiromani Akali Dal and the Congress, with both blaming each other of “politicising and deliberately hiding” the list.
Those whose names were being added to the list are wanted in various crime cases, including extortion, terrorism, murder and property disputes.
An internal monitoring wing of the Punjab Police has already issued fresh guidelines to all district police chiefs to provide vital information to get the names of wanted terrorists added to the black list at the earliest.
A senor officer attached with the investigations confirmed to The Tribune that a few names of hardcore and non-hardcore terrorists were under consideration to be added to the fresh list.
An official letter in this regard was shot off to police officers by the intelligence wing on October 19. They were told to look for the whereabouts of these criminals. Subsequently, the names would be added either to the black list or a look-out circular would be issued against them.

HC rejects Virk’s plea; FIR remains

Chandigarh, November 11
Dismissing former Director-General of Police (DGP) SS Virk’s plea for quashing an FIR against him, the Punjab and Haryana High Court today ruled he “definitely has the right to defend himself”.
The former top cop had sought quashing of the FIR registered against him on September 8, 2007, in a corruption case. He has been accused of possessing assets disproportionate to his known sources of income. Virk has been alleging political vendetta as one of the reasons for his implication in the case.
Pronouncing the orders in an open court, Justice Permod Kohli ruled: “In view of the totality of circumstances, legal and factual position, judicial intervention into the criminal proceedings pending against the petitioner, including the FIR, is not warranted”. Justice Kohli added:
“There are serious allegations of possessing disproportionate assets against the petitioner. The charge against the petitioner has to be established in the trial by the prosecution and the petitioner definitely has a right to defend himself and to prove by evidence the substance of allegation of malafides contained in this petition and also to rebut the prosecution’s case.
“Thus, to venture into this area particularly when, prima facie, some material is available on record, interference in exercise of inherent jurisdiction would be improper and unjustified”.
After hearing Virk’s counsel Sanjiv Bansal, Justice Kohli added: "The petitioner shall also have the liberty to raise all the permissible pleas before the trial court, including those raised in this petition, in accordance with law”.
Virk had had also sought directions to the Union of India to frame guidelines so that members of all-India service were not reduced to becoming “tools” in the hands of their political bosses and face their wrath on account of displeasure earned for reluctance or refusal to abandon administrative propriety for political expediency.
Case File
FIR was registered against Virk on September 8, 2007, in a corruption case
Accused of possessing assets disproportionate to his known sources of income
Virk has been alleging political vendetta, says he has been implicated.

HC tells state to notify amended building bylaws within 3 months

Chandigarh, November 11
The Punjab and Haryana High Court today directed Punjab’s Urban Local Bodies Department to notify the amended building bylaws within three months.
The directions by the Bench of Chief Justice Ranjan Gogoi and Justice Augustine George Masih came on the basis of an affidavit filed on behalf of the State of Punjab.
The Bench said: "An affidavit dated September 30, 2010, by the Special Secretary, Local Government, states that it has decided to make certain amendments in the existing building by-laws and after incorporating the same, prepared a composite building bye-laws, called the Punjab Model Bylaws, 2010.”
The bylaws deal with, among other things, construction of commercial buildings and multiplexes in the State of Punjab.
The Bench took note of another affidavit submitted by the State of Punjab on February 18, 2009, “wherein it has been mentioned that the Department of Local Government has prepared a proposal for amendment in the norms of commercial buildings and the same have been circulated to the municipal corporations and the regional deputy directors for seeking their comments.”
The Bench said no decision thereon has been taken as yet. “We are of the view that the proposal with regard to the amendment of the bylaws of the municipal corporations needs to be finalised at the earliest, if not done till date.”
Before parting with the order, the Bench also set six months deadline for the Jalandhar Municipal Corporation to pull down the shutters of small shops and other such establishments carrying out illegal commercial activities from the residential areas.
The directions came on a petition filed in public interest by Defence Colony Residents Society, Jalandhar.
In its petition against the State of Punjab and other respondents, the Society had earlier contended that the sanction granted to Radhy Buildwell Private Limited to construct the multiplex and the mall on the Cantt road in Jalandhar was not permissible, as it was a residential area.
Relief for many
Among other things, the bylaws deal with construction of commercial buildings, multiplexes in Punjab
The HC also sets six-month deadline for the Jalandhar MC to pull down shutters of shops carrying out illegal commercial activities from residential areas
The HC directions came on a PIL filed by the Defence Colony Residents Society, Jalandhar
The Society had contended that the sanction granted to Radhy Buildwell Private Limited to construct a multiplex and a mall on the Cantt road in Jalandhar was not permissible as it was a residential area.

Bangalore Singh Sabha seeks quota for Sikhs

Bangalore, November 11
Guru Singh Sabha, a representative body of the Sikh community here, has urged the Karnataka Government to declare a holiday on the birth anniversary of Sri Guru Nanak Dev.
In a memorandum to Governor HR Bhardwaj and Chief Minister Sadananda Gowda, it has pleaded for a new daily train service between Bangalore and Amritsar.
The Singh Sabha has sought reservation for Sikh students in courses offered by the state universities and colleges and for members of the community in state government services “as provided to other religious and linguistic minority communities such as the Muslims, Christians, Buddhists and Parsis”.
It has said that one person from the community be nominated to the State Minority Commission and a seat be reserved in the Legislative Council.
The memorandum, signed by the Singh Sabha general secretary Harminder Singh, has also sought reservation for Sikhs “in all the state government executive bodies, including universities, colleges, industries, city corporations, municipal councils, etc”.
It has demanded that sites be allotted to poor members of the community free of cost. Similarly, sites be allotted for gurdwaras, schools, hospitals and community halls.
It has also sought 25 acres of land free of cost near Bangalore city for an educational institution offering medical, engineering and other vocational courses.
Demand Charter
Holiday on birth anniversary of Guru Nanak Dev
Starting a new daily train service between Bangalore and Amritsar
Reservation for Sikh students in state universities and colleges
Nomination to the State Minority Commission
One seat in the state Legislative Council reserved for Sikhs
Reservation for the community in all executive bodies, including municipal corporations and municipal councils

Social security for Indians in Canada soon


New Delhi, November 11
Nearly 10 lakh people of Indian origin in Canada, a majority of whom are Punjabis, will soon get a compact social security cover in their host country. After months of thorny negotiations, India and Canada have finalised a social security pact which would be signed soon.

Officials in the Overseas Indian Affairs Ministry said New Delhi wanted to sign the accord at the earliest. It was in constant touch with Canada to work out the possible date when the pact could be inked.
Pact highlights
n Indian workers on short- term contracts would get relief from making any social security contribution.
n Pension of an Indian working there would be relocated to India or any third country where he proposes to settle down.

Under the agreement, Indian workers on short- term contracts of up to five years would get relief from making any social security contribution if they continue to make similar payments in India. Similar benefits would be available to Canadian citizens working in India.
Simultaneously, pension of an Indian working in Canada would be relocated to India or any third country where he proposes to settle down.
India has already inked such agreements with countries like Belgium, France, Switzerland, Luxembourg, the Netherlands, Hungary, Denmark, the Czech Republic, South Korea and Norway.
Apart from Canada, the government has also finalised such an accord with Germany, which too is home to many Indians. Negotiations for such a pact with Bulgaria, Austria, Cyprus, Finland, Greece, Italy and Australia are also on.
The government has also held two rounds of exploratory talks on a social security pact with the United States. However, the US side has shown considerable reluctance to ink the pact with India, complaining that it would result in disproportionate gains for India.
In this connection, Washington has cited one of the provisions of the proposed pact under which short-term visa holders are exempt from social security contributions in the host country while the contributions of long-term visa holders who leave before qualifying for social security are reimbursed. New Delhi has, however, not given it up and is seriously pursuing the matter with the American authorities.

Beant Singh assassin Hawara attacked in Chandigarh court


Chandigarh, November 11
Exposing chinks in the police security of late Punjab Chief Minister Beant Singh’s assassins, a group of right wing activists today attacked dreaded Babbar Khalsa International (BKI) terrorist Jagtar Singh Hawara on the premises of the district courts in Sector 17 here.

The attack occurred around 11 am while Hawara and the other convicted assassin Paramjit Singh Bheora were being escorted by a posse of the Chandigarh and Delhi police to the courtroom in connection with a Burail jailbreak case. Both convicts had been specially brought here from the Tihar Jail in New Delhi.
Eyewitnesses said just as Hawara crossed the entry gate of the court complex, Nishant Sharma, an Akhil Bharatiya Hindu Suraksha Samiti (ABHSS) activist, hit him with his head. Hawara responded by slapping Sharma. The police immediately arrested Sharma and three other ABHSS activists.
The incident was followed by Hawara and Bheora raising pro-Khalistan slogans and the ABHSS members raising patriotic slogans.
Following the attack, a large police contingent was deployed on the court premises.
Both Hawara and Bheora were then taken to the courtroom where DSP Jagbir Singh and Sub-Inspector Surinder Kumar, both from the Chandigarh Police, recorded their statements.
Hawara’s advocate Simarjit Singh was quick to term the incident as a serious breach of security along with the claim that the attack had been planned well in advance. Sector 17 police station SHO Inspector Ranjodh Singh said they had registered an FIR and arrested seven persons, including Nishant Sharma.
Incidentally, Sharma is a complainant against PS Sandhu, an Assistant Inspector General (AIG) of the Punjab Police in a corruption case being investigated by the CBI.