Visa fraud: 6 persons arrested

Chandigarh, November 26

The Chandigarh Police today arrested six persons for submitting fake documents with the visa office while applying for tourist visa to the UK.

A special investigation team set up on immigration, student and tourist visa fraud, headed by DSP Anil Joshi, arrested Vikram Sharma, alias Vicky, and Viney Chadha, operators of the Atlantic Overseas Consultancy at Sector 32 here, on November 18.

The police today arrested Amandeep Singh of Yamunanagar, Sukhdev Singh of Karnal, Manjit Singh of Khalsa Basna village in Kurukshetra district, Kashmir Singh of Paherkalan village in Patiala district, Amrik Singh of Patiala and Kulwinder Singh of Jalandhar.

The police said these six applicants had gone to the visa office of the UK in Chandigarh and submitted documents with addresses, bank statements, income tax returns and mobile numbers, which were fake, intentionally in connivance with the main accused for getting tourist visa to the UK illegally.

Joshi said the Chandigarh Police was taking action not only against immigration companies, but also against applicants who were intentionally instigating these companies to prepare fake documents.

Mixed response to HC stay order

Conversion of council into a corporation

Mohali, November 26
There is a mixed response from former municipal councillors to the stay orders of the Punjab and Haryana High Court issued in connection with the government notifications converting the Mohali municipal council into a corporation.
While some of the former councillors have welcomed the orders
saying that the upgraded body had not played any major role in the development of the town, others said they were neither happy nor sad regarding the orders as these were only a part of the legal process and the final verdict was still awaited.
The Punjab and Haryana High Court yesterday stayed the notifications through which the local civic body was upgraded to the level of a corporation. The court had also issued a notice of motion to the department of local government, Mohali Deputy Commissioner and municipal corporation for January 9.
Rajinder Sharma, who owes allegiance to SAD, said he was happy with the orders of the court as the upgraded civic body had done nothing for the development of Mohali. He said NK Sharma, chairman of the district planning committee, had got several development works initiated in the town at his own level, but officials of the corporation had failed to show any results.
Parkash Wati said she was happy to learn about the orders of the court.
She said elected representatives had sacrificed eight months of their term hoping that Mohali would witness major development activities, but only faced disappointment. Moreover, former councillors were promised that they would be nominated to the upgraded civic body, but nothing happened, she added.
Another former municipal councillor Amteshwar Kaur said orders of the high court made no difference to her as she was only interested in the development and was not bothered whether this was carried out by the corporation or the council.

Sukhminder Singh Barnala, however, claimed that the corporation had carried out development works in the town and the government had spent a lot of money in this regard. Had the Congress-headed civic body not been dissolved, the government would have not spent so much here.

‘Strengthen consumer Act’

Activists favour timely grievance redress, lower fee, decentralised fora

Chandigarh, November 26
The Centre should initiate steps to strengthen the Consumer Protection Act, 1986, to ensure timely redress of consumer grievances and the fee for filing a case should be reduced to Rs 10, on pattern of the RTI Act.

These were the views of consumer activists on the concluding day of the two-day convention. They also demanded the decentralisation of consumer fora to reach the grassroots by establishing headquarters at the subdivisional level.

Welcoming the government’s move to enact the Bill to regulate the real estate sector, which they termed as the need of the hour, the delegates called upon the Centre to withdraw the notification to allow non-standard packages, which caused unfair trade practices.

The convention also focused on consumer empowerment in relation to energy and fuel efficiency, an alternative complaint dispute redress system, public service quality and a citizens’ charter.

The convention resolved to support a strong Lokpal to curb corruption. Another resolution was passed, in which the government was called upon to create an administrative and legal mechanism to ensure the quality of public service.

The convention also resolved that the draft Citizens’ Right to Grievance Redressal Bill, 2011, which is in circulation for discussion, was grossly inadequate.

The convention noted the attempts by the governments of Punjab and Delhi to pass legislations on this subject without adequate consultation with user groups.

A consumer charter of demands for the telecom sector was also passed, in which consumers, both individually and collectively, called upon the government and the Telecom Regulatory Authority of India to take immediate and concrete steps to remove consumer detriment before the next International Consumer Rights Day, which was March 15 next.

It was resolved that the Consumer Coordination Council undertake projects on good governance and a citizens’ charter in coordination with member organisations, civil society groups and the government.

On alternative dispute redress, it was resolved that the core-centre and toll-free projects of the council be continued and ongoing projects and awareness programmes be organised at the block level and rural areas in the country.

Why organised retail benefits farmers in Punjab & Himachal

Chandigarh, November 26
With Foreign Direct Investment (FDI) in retail opened up in 53 cities in the country ( which have a population of above 10 lakhs), Himachal Pradesh is unlikely to be affected directly, although vegetable and fruit growers in HP will possibly be able to bargain better with big retail chains. But with the BJP opposing FDI in retail nationally, the Himachal unit of the BJP too has succumbed to the political compulsion of opposing it.

In any case, since the retailers will have to register and obtain licenses, the state governments will be responsible for granting or rejecting the applications.

But to its enormous embarrassment, staunch ally Shiromani Akali Dal has been effusive in welcoming the move. Punjab deputy chief minister, Sukhbir Singh Badal, was quick to write a letter to Commerce Minister, Anand Sharma, endorsing the decision. Entry of foreign players, he said yesterday at Anandpur Sahib, would create a more competitive market for agriculture produce.

His optimism is based on Punjab’s successful experience with agri corporates. The entry of agri corporates like Bharti Wal-mart, Pepsi Co, Tata Khet Se and Metro Cash and Carry, has actually helped in strengthening the retail supply chain. Farmers in Haider Nagar locality of Malerkotla, who supply vegetables to Bharti Wal-Mart, have not just been able to improve the quality of the vegetables they produce, but they are also getting better prices. Potato growers in the Doaba region have also benefitted by selling their produce to Pepsi Co.

“Most of the agri businesses are sourcing 30- 40 per cent of their requirement from farmers within the state. As a result, farmers are assured of a buy back arrangement with these corporates and of higher returns.

“These farmers also learn better agricultural practices from the experts appointed by these companies, thus leading to a better quality of produce,” said a senior official in the state Agriculture department.

The entry of corpoartes in the poultry sector in Punjab, too, has made the small poultry farmer in the state viable. Big poultry corporates like Suguna and Venkateshwara Hatcheries have “integrated” with many small poultry farmers in Gurdaspur, Pathankot and Rajpura. These corporates supply their own seed, feed for birds and medicines, while the farmers nurse and attend to the birds before selling them to the firms.

Ironically, even in Himachal Pradesh, the entry of agri corporates like Adani Agrilogistics, Dev Bhoomi, Reliance Retail and Mother Dairy procuring apples, other fruits and exotic vegetables, has helped raise the economic condition of growers.

But talking to The Tribune, the chief minister Prem Kumar Dhumal said, “ The small shopkeepers will lose their business and it wll add to unemployment. With the withdrawal of the industrial package, our state is already facing a lot of unemployment. Agreed that some agri corporates have been buying select fruits and vegetables from Himachal, but the majority purchase is still being done by the state government,” he said.

Several farmers’ organisations, too, are sceptical about the move. Balbir Singh Rajewal, President of Bharatiya Kisan Union, said the move would benefit just those farmers who have large land holdings. Almost 70 per cent of the farmers in Punjab have less than five acres of land holding and will not be able to make enough investments in improving their farming operations, as desired by foreign agri corporates, he said.

Alberta cracks down on drivers who drink

What is it?

Traffic Safety Amendment Act

Why are they doing it?

The law will dramatically increase sanctions for Albertans who drive after drinking.

Those caught drinking and driving can already be charged under the Criminal Code of Canada if they have a blood-alcohol content over 0.08. Under the proposed new provincial law, people criminally charged with drunk driving will immediately lose their licences until the charges are resolved.

Albertans caught driving with a blood-alcohol content between .05 and .08 – below the criminal limit – will be subject to a three-day license suspension and a three-day vehicle seizure for a first offence. A second offence will bring a 15-day suspension and a seven-day seizure. A third offence will bring a 30-day suspension and a seven-day seizure. Drivers will pay impound costs.

Finally, under the proposed law, young drivers in Alberta will face stricter rules. The zero-tolerance for alcohol will continue, but those caught drinking and driving will face an immediate 30-day suspension. Also, for the first six months that new drivers are allowed to drive alone, the new driver cannot have more than one teen passenger in the vehicle. They are also restricted from driving between midnight and 5 a.m.

What are critics saying?

The Canadian Federation of Independent Business says the law will do little to prevent or punish drunk driving, but will have a severe impact on small business. The group says similar laws in B.C. created public confusion about whether it is permissible to even have a glass of wine before driving, leading to losses of between 10 and 50 per cent at some establishments.

Alberta Justice minister wants Ottawa to lower drunk-driving threshold

EDMONTON - As the province pushes ahead with legislation to increase sanctions on suspected drunk drivers, Alberta’s justice minister says he wants to talk to Ottawa about potentially toughening federal laws.

Specifically, Verlyn Olson said he is interested in the possibility of lowering the current .08 blood-alcohol threshold for laying a criminal charge on a driver.

Olson said he needs to do more research on the issue, but suggested .05 might be a more appropriate standard.

“Right now, .08 is the criminal standard and that’s something I’d be interested in talking to the feds about,” he said. “There is discussion that goes on about what is the right number, but I think it’s accepted that .05 is the beginning of impairment. It’s not there as an arbitrary number.”

Olson noted that most western European countries and Australian provinces use a .05 limit, Japan has a standard of .03, Sweden is .02. Hungary and the Czech Republic have a zero-alcohol policy.

Leila Moulder, president of the Edmonton chapter of Mothers Against Drunk Driving, said she would support reviewing the .08 standard in Canada.

“I don’t see why that would be a bad thing,” she said. “At the .05 level, people are impaired. There is reaction time impairment, you are slower, you aren’t quite as co-ordinated, your fine motor skills aren’t working at a top-notch level.”

Moulder’s organization is also supporting the province’s proposed legislation, Bill 26, which would impose some of the strictest administrative penalties in the country.

For drivers who record a blood-alcohol level between .05 and .08, which is not a Criminal Code violation, the province currently allows police to impose a 24-hour licence suspension. The new legislation would increase that to an automatic three-day suspension and a three-day vehicle seizure for a first offence. A seven-day vehicle seizure along with a 15-day suspension or 30-day suspension would be triggered for a second and third offence, respectively.

For drivers who blow over .08, they will get a criminal charge, and lose their licence until the charge is resolved by the courts. Those convicted will be required to equip their car with an interlock device, which measures a person’s breath before starting the ignition.

The bill also targets new drivers, imposing a seven-day seizure and 30-day suspension if they are found with any alcohol in their system.

“It’s a definite step forward,” Moulder said. “We think this will serve as a better deterrent because from what we had seen, the 24-hour suspension wasn’t enough.”

However, some civil liberties advocates suggest the legislation may create more problems than it solves, since the current bill sidesteps due process and will wind up punishing innocent people.

“This is a very significant inroad into the panoply of rights we have in the criminal justice system and under the charter,” said D’Arcy Depoe of the Criminal Trial Lawyers Association. “No one has sympathy for the 90 per cent who are probably factually guilty, but what about the rest?”

Depoe said the proposed lengthy suspensions and seizures essentially allow police to impose punishment on people before any charge is laid or a case is heard in court. That will wind up hurting people who need their cars for work, or must transport their children to school or daycare.

“The presumption of innocence is gone and your ability to defend yourself is gone,” he said.

“When you have police making the decision at roadside, all the issues that would ordinarily arise at a criminal trial are effectively pre-determined. Was the person actually driving? Was the (breathalyzer) machine operating properly? Did the person have a reasonable excuse? Some people can’t blow because of medical issues or an injury.

“And you are not entitled to disclosure of Crown’s case, and not entitled to cross-examine the police officer.”

Depoe also took issue with the idea that people who blow over .08 should lose their licence until the criminal charge is resolved by the courts. He said it can currently take between six months to a year to receive a trial date in provincial court, and then there is the danger of further adjournments if the lawyers, the accused or judge is sick.

The province estimates impaired driving charges take up 40-per-cent of all trial time among its Crown prosecutors. Depoe said he believes the legislation is designed as a way to reduce that figure, by trying to force people to plead guilty so they can get their licence back sooner.

Hal Joffe of the Rocky Mountain Civil Liberties Association said the legislation also has a jurisdictional issue, since drunk driving legislation typically comes under the purview of the federal government, which has set the standard at .08.

“The province is essentially saying there is a lesser impairment at .05, that we’re going to have a different standard. They are trying to get around the jurisdictional issue by saying there are imposing only administrative penalties.”

Joffe said this issue may explain why Olson is interested in talking to Ottawa about lowering the Criminal Code threshold.

“That, in my mind, would be a more proper way to go.”

This is the second time in recent years the Alberta government and Premier Alison Redford have been accused of pushing legislation that attempts to get around due process. In 2009, then-justice minister Redford pressed into service “civil forfeiture” legislation that permits authorities to seize and sell property suspected of being used in the commission of a crime. Such seizures can occur without a criminal charge, let alone a conviction.

“The premier is a lawyer and the attorney general is lawyer, and this legislation has been devised by senior people in the justice department who are lawyers,” Depoe said. “I don’t know what they are thinking.

“In my mind, it is pandering to loud interest groups like MADD and relying on the great mass of the population not really looking at this in any detail.”

Olson said the province is prepared for any legal challenges.

Redford has said she would like to see the drunk driving penalties in place by Christmas, though Transportation Minister Ray Danyluk has suggested next summer might be more likely.