Immigration fraud

Chandigarh, January 20
Ranjit Kaur, a resident of Moga, alleged that Amardeep Singh, alias Boby, a Sector-21 resident, took Rs 5,35,000 in cash from him to send her abroad (Canada), but he did not do so. A case under Section 420 IPC has been registered.

Immigration fraud

Chandigarh, January 20
Ranjit Kaur, a resident of Moga, alleged that Amardeep Singh, alias Boby, a Sector-21 resident, took Rs 5,35,000 in cash from him to send her abroad (Canada), but he did not do so. A case under Section 420 IPC has been registered.

Advocates’ strike hits work

Chandigarh, January 20
With advocates going on a strike, hundreds of litigants had to face a harrowing time today. Lekh Raj Sharma, chairman, Bar Council of Punjab and Haryana, said, “With the Centre’s Higher Education and Research Bill, 2011, the Union government wants to take away the power of Bar Council of India to regulate the legal education sector of the country. Therefore, on the call of the BCI, we have suspended the work,” he added.

Though a majority of litigants were aware of the strike, those who had reached the tricity’s court were shocked to learn about the strike.

Raj Kamal Mehta, a Sector-35 resident, said in the absence of his advocate, the court had deferred the hearing for March.

Similarly, Daya Nand, a resident of Barwala, who had come to the Panchkula court for the hearing of his land dispute with his cousin, said it was unacceptable on the part of lawyers. They should understand the problems of common people as well, he added.

EC defers decision on Tax Act

Chandigarh, January 20
The Election Commission has deferred the proposal to issue an ordinance regarding amendments in the Punjab (Institutions and other Buildings) Tax Act: 2011 until the completion of the election process.

Usha R. Sharma, Special Chief Electoral Officer, Punjab, said the Chief Electoral Officer had transferred Balkaran Singh, XEN, Mandi Board, Gurdaspur, and Devinder Singh, SDO, Mandi Board, Fatehgarh Churian, on complaints of non-compliance of official orders. Tarsem Raj, XEN, and SDO Jagjit Singh had been posted in their place. She said that Gursharan Singh Khaira, XEN, Power Com, Khadur Sahib, had also been transferred with immediate effect.

Sharma said that unaccounted cash worth Rs 25,83,14,445 had been referred to the Income Tax Department till date. Sharma said 16 cases regarding violence during campaign and political rivalry hade been registered across the state. As many as 8,648 non-bailable warrants had been executed and 5,357 persons issued restraining orders under Sections107 and 116.

Govt warns of action for leaving place of posting

Patiala, January 20
The Punjab government has issued an advisory to all heads of departments, boards and corporations to check the practice of government officials leaving their place of posting in the evening to reach their homes in nearby districts. The advisory was issued with a strict warning.

On January 2, The Tribune had highlighted that government officials were leaving their place of posting in the evening to reach their homes in nearby districts.

Following the report, the Election Commission took up the matter with the Chief Secretary, Punjab. "Strict action will be taken against the officials who leave their station as it is a clear violation of the election code of conduct", reads the letter written by the Chief Secretary to all heads of government departments.

SC dismisses PIL on Army Chief’s age

New Delhi, January 20
The Supreme Court today dismissed a PIL on the controversy over the age of Army chief Gen VK Singh, holding that there was no provision in law, Constitution or earlier SC verdicts to entertain such petitions pertaining to service matters.
A three-member Bench headed by Chief Justice SH Kapadia also pointed out that since Gen Singh himself had approached the SC through a separate petition there was no need for the court to entertain the PIL.
“We will be setting a wrong precedent if we admit the PIL” which had pleaded for declaring Gen Singh’s date of birth (DoB) as May 10, 1951 and not May 10, 1950 as maintained by the Defence Ministry, the Bench observed.
“Please show us the judgments, the relevant law or the Constitutional provision under which the PIL is maintainable. We cannot make a departure from law,” the Bench, which included Justices AK Patnaik and Swatanter Kumar, told senior counsel Bhim Singh and Manohar Singh Bakshi, who argued for the PIL petitioner, the Grenadiers Association (Rohtak Chapter).

Bhim Singh said the government was bound to accept the DoB of Gen Singh as found on his school leaving certificate and had no power to change it. If this trend was allowed, it would create chaos in governance as millions of people were working in the armed forces and other state departments. The Bench, however, did not agree with the contentions. Dismissing the PIL, the SC made it clear that this would in no way have any bearing on Gen Singh’s petition. Nevertheless, the Bench did not specify the date on which the Army chief’s plea would be listed for hearing.

The Bench also took exception to the PIL mentioning that four former CJIs had expressed the opinion that the school leaving certificate was the decisive document for ascertaining the age. It directed the court’s Registry not to accept any petition containing any opinions in future.

Vodafone wins major battle in apex court

SC rejects I-T claim to levy Rs 11,000 cr tax on Hutch acquisition

New Delhi, January 20
In a far-reaching judgment the Supreme Court today upheld the appeal filed by Vodafone International Holding (VIH) and ruled that Vodafone need not pay Rs 11,000 crore towards Income Tax and Capital Gains Tax for purchasing Hutchison Ltd’s Indian mobile business in 2007.

The ruling sent Vodafone shares surging in London and delighted analysts said that the ruling would go a long way in restoring investor confidence in India and the Indian judicial system. It would also facilitate more inflow of foreign funds and allow more mergers and acquisitions, they hoped.

No reaction was immediately available from the Government, although Union Finance Minister Pranab Mukherjee and the Union Law Minister Salman Khurshid are learnt to have conferred on the fallout of the landmark ruling.

A three-member Bench headed by Chief Justice SH Kapadia directed the Income Tax Department to return within two months the Rs 2,500 crore deposited by VIH as directed by the SC with four per cent interest. The Bench held that India tax authorities had no jurisdiction over transactions done abroad, in Cayman Islands in this case.

The ruling is expected to stimulate FDI flows into the country. The apex court observed: “Tax policy certainty is crucial for taxpayers, including foreign investors, to make rational economic choices in the most efficient manner”.

The Income Tax department had initiated the process to levy tax claims on several such M&A (Merger & Acquisition) transactions. Vodafone, one of the largest telecom operators in the world, said in a statement that it has maintained consistently that this transaction was not taxable.

Vodafone Group Chief Executive, Vittorio Colao, said, “We are a committed long-term investor in India and we have made clear all along that we have faith in the Indian judicial system. We welcome the Supreme Court's decision, which underpins our confidence in India. We will continue to grow our Indian business - including making significant investment in rural areas and in 3G network coverage - for the benefit of Indian consumers.”

“This landmark decision will enhance the trust of the international investors,” said Dr Rajiv Kumar, Secretary General, FICCI. Saurabh Agarwal, Director of Mumbai based Kennis Consultancy, said the ruling upholds the principle that “in the absence of contrary provisions in the law, the offshore M&A deals involving Indian assets could not be taxed by deeming holding structures as tax avoidance vehicles”. Agarwal said the Income tax department’s contention, if upheld, would have rendered standard transaction structures too risky, forcing foreign companies to weigh litigation and insurance costs. 

Garry Sandhu gets Deported to India

"We will not tolerate abuse of the immigration rules.."

Garry Sandhu has now been deported back to India by the UK Border Agency (UKBA) further to losing appeals to be allowed to stay in the country since his arrest in October 2011. DESIblitz officially confirmed the arrest of Garry Sandhu after receiving an email statement from the UK Border Agency revealing the shocking news at the time.

The UKBA confirmed the deportation of Garry Sandhu and informed DESIblitz of the conclusion of the case of the Bhangra Singer who became very popular for his songs in 2011. The statement from the UKBA said the following.

A rising star of the Asian music scene in the UK has been sent back to India because he was illegally in the country.

Garry Sandhu, aged 29, first came to the UK in 2002 but, under a different identity, claimed asylum which was refused by the UK Border Agency.

He was then placed on immigration bail where he should have reported regularly to the agency. But, instead, he absconded and the UK Border Agency did not know his whereabouts until he received a criminal conviction for obstructing a police officer in January 2008 when he was caught driving without insurance.

He was then placed back on immigration bail while the UK Border Agency worked to obtain emergency travel documents to remove him because he did not have a passport.

After an emergency travel document had been obtained, officers visited his address in Hanover Road, Rowley Regis in October 2009 but discovered he had absconded again.

The elusive Bhangra star was finally arrested on 27 October 2011 and detained.

He was temporarily released in November while the UK Border Agency considered further representations. These were rejected and Mr Sandhu was re-detained on 16 December before being removed to India last night (12 January).

Gail Adams, UK Border Agency regional director, said:

“We will not tolerate abuse of the immigration rules. This man tried to evade our officers by adopting an alias and absconding. But his arrest and removal should send a message to all immigration offenders that they can run but they can’t hide. We will track them down and we will remove them.”

Over the years Garry Sandhu has had a number of Bhangra chart topping songs including ‘Dil De De,’ ‘Fresh,’ ‘Sahan To Pyariya’ and ‘Tohar’ and his fan base has grown immensely both in the UK and abroad. His popularity earned Garry the ‘Best Male Act’ award at the 2011 Brit Asia Awards.

The media attention drawn to the case of Garry’s arrest resulted in fans getting behind Garry to be allowed to stay. In a DESIblitz poll when asked if Garry Sandhu should be deported, 78% of voters said ‘No’ and 22% said ‘Yes’ in the poll. Comments on our coverage of the case demonstrated the interest in the singer on our article: UK Immigration arrests Garry Sandhu.

Many reports on Asian and Desi websites incorrectly stated the singer was staying in the UK giving his fans false hopes. Whilst the reality of the case was that his legal appeals were not going to be enough to make it viable for him to be allowed to stay, despite his bail in November 2011.

While in detention Garry Sandhu updated his fan page on Facebook with the following message:

Big hello to everyone..sorry I havent spoken to all of u for a while. I’m still in the detention centre & theres no internet access here. I wanted to let all my fans know that I’m going back to India tomorrow. Never gonna forget all the love you have all shown me. I hope to see u lot soon, but if not, please keep supporting my music. Wherever I go in the world I will still appreciate the love and support u all give me. Will never forget u. To my haters, u will never stop me making music wherever I am in the world. Rab rakha mitro

DJ Dips is a music producer that Garry Sandhu worked with on the hit songs such as ‘Tohar,’ ‘Addidas’ and ‘Janta Di Pasand’ and he has stated that Garry’s music will continue despite him no longer being in the UK. He said that there is already activity of new videos being shot in India and new songs being produced with Garry. New songs include a duet with Sudesh Kumari which is a cover of a Chamkila song and also Garry’s new album.

On January 12th 2012, Garry Sandhu returned to India with his parents who came on a visit since he was arrested in October 2011. Many fans would still argue that Garry should have been allowed to stay but it gradually became evident as his case progressed that the chances of him staying were less likely. Communicating an important message from the UKBA that immigrants shall not be allowed to stay in the country if their case confirms their illegal status.

ਹਾਲੈਂਡ 'ਚ ਸਿੱਖ ਬੱਚੇ ਆਪਣੇ ਨਾਂਅ ਨਾਲ 'ਸਿੰਘ' ਤੇ 'ਕੌਰ' ਦਰਜ ਕਰਵਾ ਸਕਣਗੇ

ਮਾਨਹਾਈਮ 20 ਜਨਵਰੀ - ਯੂਰਪ ਦੇ ਕਈ ਦੇਸ਼ਾਂ 'ਚ ਵਸਦੇ ਸਿੱਖ ਪਰਿਵਾਰਾਂ ਨੂੰ ਉਸ ਸਮੇਂ ਵੱਡੀ ਮੁਸ਼ਕਿਲ ਦਾ ਸਾਹਮਣਾ ਕਰਨਾ ਪੈਂਦਾ ਹੈ, ਜਦ ਨਵ-ਜਨਮੀਆਂ ਲੜਕੀਆਂ ਦੇ ਨਾਂਅ ਨਾਲ ਸਥਾਨਕ ਸ਼ਹਿਰੀ ਪ੍ਰਸ਼ਾਸਨ ਕੌਰ ਦੀ ਥਾਂ 'ਸਿੰਘ' ਦਰਜ ਕਰ ਦਿੰਦੇ ਹਨ। ਕਈ ਮਾਮਲਿਆਂ 'ਚ ਲੜਕਿਆਂ ਦੇ ਨਾਂਅ ਦੇ ਪਿਛੇ 'ਕੌਰ' ਵੀ ਲਿਖ ਦਿੰਦੇ ਹਨ। ਅਧਿਕਾਰੀਆਂ ਦਾ ਤਰਕ ਹੁੰਦਾ ਹੈ ਕਿ ਜੇ ਲੜਕੀ ਦੇ ਬਾਪ ਦਾ ਪਰਿਵਾਰਕ ਨਾਂਅ 'ਸਿੰਘ' ਹੈ, ਫਿਰ ਲੜਕੀ ਨੂੰ ਮਨਜੀਤ ਕੌਰ ਨਹੀਂ ਮਨਜੀਤ ਸਿੰਘ ਹੀ ਲਿਖਿਆ ਜਾਵੇਗਾ। ਅਜਿਹੇ ਵਰਤਾਰੇ ਦਾ ਸਾਹਮਣਾ ਹਾਲੈਂਡ 'ਚ ਵਸਦੇ ਸਿੱਖਾਂ ਨੂੰ 2002 ਤੋਂ ਕਰਨਾ ਪੈ ਰਿਹਾ ਸੀ। ਇਸ ਸਬੰਧੀ ਸਿੱਖ ਮਨੁੱਖੀ ਅਧਿਕਾਰੀ ਸੰਗਠਨ ਦੇ ਆਗੂ ਸ: ਭੁਪਿੰਦਰ ਸਿੰਘ ਹਾਲੈਂਡ ਵੱਲੋਂ ਕੀਤੇ ਗਏ ਸਰਕਾਰੀ ਪੱਧਰ ਤੱਕ ਆਵਾਜ਼ ਪਹੁੰਚਾਉਣ ਦੇ ਯਤਨ ਉਦੋਂ ਸਫਲ ਹੋਏ ਜਦ ਹਾਲੈਂਡ ਦੇ ਇਮੀਗ੍ਰੇਸ਼ਨ, ਇੰਟਗ੍ਰੇਸ਼ਨ ਤੇ ਅਸਾਈਲਮ ਵਿਭਾਗਾਂ ਦੇ ਮੰਤਰੀ ਜੀ. ਬੀ ਐਮ. ਲੀਅਰਸ ਨੇ ਸ: ਭੁਪਿੰਦਰ ਸਿੰਘ ਨੂੰ ਲਿਖੀ ਚਿੱਠੀ 'ਚ ਇੰਕਸ਼ਾਫ਼ ਕੀਤਾ ਕਿ ਭਵਿੱਖ 'ਚ ਸਿੱਖ ਬੱਚਿਆਂ ਦੇ ਨਾਂਅ ਸਿੱਖ ਧਰਮ ਦੀਆਂ ਪ੍ਰੰਪਰਾਵਾਂ ਅਨੁਸਾਰ ਹੀ ਪ੍ਰਸ਼ਾਸਨ ਦਰਜ ਕਰੇਗਾ। ਲੀਅਰਸ ਨੇ ਇਹ ਵੀ ਕਿਹਾ ਕਿ ਜਿਨ੍ਹਾਂ ਸਿੱਖ ਬੱਚਿਆਂ ਦੇ ਨਾਂਅ ਸਹੀ ਤਰ੍ਹਾਂ ਦਰਜ ਨਹੀਂ ਹੋਏ ਉਨ੍ਹਾਂ ਬੱਚਿਆਂ ਦੇ ਨਾਵਾਂ ਦੀ ਸੋਧ ਮੁਫ਼ਤ ਕੀਤੀ ਜਾਵੇਗੀ। ਮੰਤਰੀ ਨੇ ਪੱਤਰ 'ਚ ਕਿਹਾ ਕਿ ਸਿੱਖ ਸਿੱਖੀ ਸਰੂਪ 'ਚ ਪੁਲਿਸ, ਫੌਜ ਤੇ ਨਿਆਂਪਾਲਿਕਾ ਖੇਤਰਾਂ 'ਚ ਦਫਤਰੀ ਸੇਵਾਵਾਂ ਕਰ ਸਕਦੇ ਹਨ। 'ਅਜੀਤ' ਨਾਲ ਗੱਲਬਾਤ ਕਰਦਿਆਂ ਸ: ਭੁਪਿੰਦਰ ਸਿੰਘ ਹਾਲੈਂਡ ਨੇ ਦੱਸਿਆ ਕਿ ਸਿੱਧੇ ਤੌਰ 'ਤੇ ਜਨਤਕ ਸਬੰਧਾਂ ਵਾਲੇ ਸਰਕਾਰੀ ਅਦਾਰਿਆਂ 'ਚ ਨੌਕਰੀ ਦੇਣ ਸਬੰਧੀ ਸਰਕਾਰ ਦੀ ਝਿੱਜਕ ਅਜੇ ਦੂਰ ਹੋਣੀ ਬਾਕੀ ਹੈ। ਇਸ ਬਾਰੇ ਵੀ ਮੁਹਿੰਮ ਜਾਰੀ ਰੱਖੀ ਹੋਈ ਹੈ। ਉਨ੍ਹਾਂ ਕਿਹਾ ਹਾਲੈਂਡ ਦੀ ਸਰਕਾਰ ਵੱਲੋਂ ਸਿੱਖ ਬੱਚਿਆਂ ਦੇ ਨਾਂਅ ਵਾਲਾ ਲਿਆ ਗਿਆ ਫੈਸਲਾ ਯੂਰਪ ਦੇ ਦੂਜੇ ਦੇਸ਼ਾਂ 'ਚ ਵੀ ਸਹਾਈ ਹੋਵੇਗਾ।

ਸਿੱਖ ਫੈਡਰੇਸ਼ਨ ਜਰਮਨੀ ਵੱਲੋਂ ਸਰਕਾਰ ਦੇ ਫੈਸਲੇ ਦਾ ਸਵਾਗਤ

ਹਾਲੈਂਡ 'ਚ ਸਿੱਖ ਬੱਚਿਆਂ ਦੇ ਨਾਵਾਂ ਵਾਲੀ ਸਮੱਸਿਆ ਹੱਲ ਹੋਣ 'ਤੇ ਸਿੱਖ ਫੈਡਰੇਸ਼ਨ ਜਰਮਨੀ ਦੇ ਪ੍ਰਧਾਨ ਭਾਈ ਗੁਰਮੀਤ ਸਿੰਘ ਖਨਿਆਣ ਨੇ ਇਸ ਦਾ ਸਵਾਗਤ ਕਰਦਿਆਂ ਸ: ਭੁਪਿੰਦਰ ਸਿੰਘ ਹਾਲੈਂਡ ਦੇ ਅਣਥੱਕ ਯਤਨਾਂ ਸਦਕਾ ਮਿਲੀ ਕਾਮਯਾਬੀ 'ਤੇ ਸ: ਭੁਪਿੰਦਰ ਸਿੰਘ ਨੂੰ ਵਧਾਈ ਦਿੰਦਿਆਂ ਕਿਹਾ ਸਿੱਖਾਂ ਦੇ ਹੋਰ ਮਸਲਿਆਂ ਨੂੰ ਨਜਿੱਠਣ ਲਈ ਫੈਡਰੇਸ਼ਨ ਪੂਰੀ ਤਰ੍ਹਾਂ ਸਹਿਯੋਗ ਦਾ ਪ੍ਰਗਟਾਵਾ ਕਰਦੀ ਹੈ।

Law Commission of India making ‘Honour killing non-bailable offence’

Created 21 Jan 2012

The Law Commission of India on Thursday termed the practice of so called “honour killings” as “flagrant violation” of law and sought to make such acts non-bailable offences. The commission has come down heavily on khap panchayat diktats against couples who go for “sagotra” or inter-caste marriage.
Seeking public opinion on khap panchayats and honour killings, a consultation paper was also issued by the commission. The draft Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 stated that offences under the Act will be cognisable, non-bailable and non-compoundable.
The draft bill proposes that offences under the Act be tried by special courts to be headed by a sessions judge or an additional session judge. The special courts, to be set up by states in consultation with the high courts, will have the power of a sessions court.
“The commission is prima facie of the view that there is no need for introducing a provision in Section 300 IPC in order to bring the so-called ‘honour killings’ within the ambit of this provision. The existing provisions in IPC are adequate,” the commission said. The step comes nearly two years after the government had proposed to make honour killing a separate crime after repeated cases of honour killings were reported from various states. Sources stated that a Group of Ministers under finance minister Pranab Mukherjee is also looking into the issue.
The commission also made it clear that “sagotra” marriages are not prohibited by law, “whatever may be the view in olden times.” “The Hindu Marriage Act does not prohibit sagotra or inter-caste marriages,” it said.
Under the draft bill, no person or a group shall gather, assemble or congregate with the intention to deliberate on, or condemn any marriage, not prohibited by law. It explains that “marriage” also includes a proposed or intended marriage.
It proposes that such gatherings will be treated as unlawful and attract a punishment of not less than six months in jail and a fine of `10,000. People indulging in criminal intimidation of the couple, their relatives or supporters will face punishment with a jail term of not less than one year.