Pranab Mukherjee elected new Indian president

 

NEW DELHI: Former finance minister Pranab Mukherjee was elected Indian president on Sunday after votes from national and state lawmakers were counted in the race for the mainly ceremonial post.

Some analysts believe Mukherjee, a veteran from the ruling Congress party, may take a more active approach to the job than his predecessors as India struggles with a parliamentary deadlock and slowing economic growth. Mukherjee, 76, collected 69 percent votes, easily beating his only rival P A Sangma, 64, a former lower house speaker and tribal leader from the remote northeast who was backed by the main opposition Bharatiya Janata Party (BJP).

"I would like to thank the people of this great country for conferring this distinction by electing me to this high office," Mukherjee told crowds of cheering supporters gathered outside his residence in New Delhi.

India's president, who takes up residence in a 340-room palace built in the capital for the British viceroy during colonial rule, is chosen by legislators from the two houses of parliament and state assemblies.

The next general election, due to be held in 2014, is predicted to be close, which could lead to a period of complex horse-trading between numerous national and regional parties trying to form a stable coalition government.

"It's in this turbulent scenario Mukherjee as a president will be able to steer the ship of the state. He's a troubleshooter," said Sanjay Kumar, an analyst at India's Centre for the Study of Developing Societies.

Mukherjee may also try to use the presidential position to foster a behind-the-scenes deal between warring parties who have reduced parliament to a stalemate in recent sessions. He has a reputation as a canny negotiator, and was described by leaked US embassy cables in 2009 as "the ultimate Congress Party fixer and operator" with clear ambitions at that time to become prime minister.

Mukherjee commands widespread respect across party lines, but his performance as finance minister was criticised for his failure to push through reforms to further liberalise India's economy.

His exit from the ministry raised investors' hopes that Prime Minister Manmohan Singh, who took over the finance portfolio, could embark on long-awaited moves. Mukherjee's success on Sunday was a welcome victory for the embattled the Congress party, which has been beset by a string of graft scandals, policy reversals and a raft of disappointing economic data.

Sangma congratulated his opponent but criticised the Congress for running an "exceptionally partisan and political" campaign for the head of state. Mukherjee will be formally sworn in on Wednesday, taking over for a five-year term from Pratibha Patil, India's first woman president. 

SC: panchayats enjoy Constitutional status

 

NEW DELHI: Panchayats can formulate their own programmes of economic development and social justice as they enjoy a Constitutional status, the Supreme Court has ruled.

The apex court said Article 40 and Articles 243 to 243-O envisages that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs.

Bench of Justices G S Singhvi and S J Mukhopadhya passed the ruling while allowing an appeal filed by the village panchayat of Calangute in Goa challenging a Bombay High Court order which had taken the view that the local body cannot challenge any decision taken by the executive authority.

In this case, the Additional Director of Panchayat-II had overruled a resolution passed by the panchayat quashing the permission granted to a private company for carrying out certain commercial activities.

Though the panchayat appealed against the official's decision the high court dismissed it following which it appealed in the apex court.

"The primary focus of the subjects enumerated in the Eleventh Schedule is on social and economic development of the rural parts of the country by conferring upon the Panchayat the status of a constitutional body.

"Parliament has ensured that the Panchayats would no longer perform the role of simply executing the programmes and policies evolved by the political executive of the state. 

"By virtue of the provisions contained in Part IX, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of Government which is mandated to represent the interests of the people living within its jurisdiction", the Bench said. 

The apex court said the Constitution's Preamble, Part IV and Part IX must guide our understanding of the Panchayati Raj institutions and the role they play in the lives of the people in rural parts of the country.

"The conceptualisation of the village panchayat as a unit of self government having the responsibility to promote social justice and economic development and as a representative of the people within its jurisdiction must be borne in mind while interpreting the laws enacted by the state which seek to define the ambit and scope of the powers and the functions of Panchayats at various levels.

"An analysis of Article 40 and Articles 243 to 243-O shows that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs," the Bench said.

According to the court by enacting the Constitution (Seventy-third Amendment) Act, Parliament has attempted to remedy the defects and remove the deficiencies of the Panchayati Raj system evolved after independence, which failed to live up to the expectation of the people in rural India.

"The provisions contained in Part IX provide firm basis for self-governance by the people at the grass root through the institution of panchayats at different levels.

"For achieving the objectives enshrined in Part IX of the Constitution, the state legislatures have enacted laws and made provision for devolution of powers upon and assigned various functions listed in the Eleventh Schedule to the Panchayats", the court said.

Hence it directed the High Court to issue notices on the issue raised by the panchayat and decide the matter on merits. PTI 

TIME LINE: THE CASE

2006: Calangute panchayat grants permission to builder for construction at Porbawado, Calangute. Locals complain that builder has blocked access to well and chapel.

MARCH 2008: Following complaints, Calangute panchayat passes resolution for revocation of occupancy certificate.

MARCH 2009: The panchayat passes another resolution and revokes permission to the company. 

2009: Company challenges the ruling on grounds that it was contrary to rules of natural justice.

JULY 2009:Panchayat revokes earlier resolution and issues notice to the company to   stop further construction and fixes site inspection for August 4, 2009.

2009: Company challenges panchayat notice before Additional Director of Panchayat, who passes ex-parte interim order.

JULY 2009: Company applies for permission to use property as guest house, but panchayat rejects application. Company then challenges the decision.

FEBRUARY 2010: Additional Director of Panchayat passes final order, directing panchayat to reconsider application of the company for grant of permission to use the property for running a guest house.  

2010: Panchayat challenges order in High Court, but High Court dismisses petition.

Panchayat then challenges matter before Supreme Court.

NRI Kidnap Case

Charge sheet against six accused filed in court
Police adds sections of robbery, wrongful confinement, forgery in NRI kidnap case
Chandigarh, June 27
The UT police today filed a charge sheet in the NRI kidnapping-for-ransom case, that was registered on April 10. The charge sheet was filed against six accused and the police added sections of robbery, wrongful confinement, receiving stolen property and forgery in the charge sheet after completing investigations.
The charge sheet was been filed in court under Sections 364-A, 341, 342, 397, 411, 468, 471, 473 and 474 of the IPC.
Navneet Singh Chatha, a Canada-based NRI, was kidnapped for a ransom of Rs 1 crore on April 10. A team of the crime branch of the UT police had rescued him following an extensive operation at Darua village in Kurukshetra.
The NRI's brother in Canada had received a ransom call, demanding Rs 1 crore. The police laid a trap and arrested the six accused who kidnapped the NRI.
The kidnappers fired shots at the police and the police had to open fire. The charge sheet was filed against Pradeep Malik, Nitin, Sanjeev Kumar, alias Soni, Sukhdev, Anil Kumar and Ajit Singh. While Pradeep fired shots at the police, Soni was the owner of the farmhouse where the victim was confined.
Of the six accused, Anil Kumar had three cases of murder registered against him and was a proclaimed offender with the Haryana Police. As per the charge sheet, the police had recovered Rs 12.5 lakh, 300 Canadian dollars, the Honda Accord car of the victim, a Swift Desire car robbed from a person in Panchkula and two mobile phones.
An investigating officer said the NRI was robbed of his purse and belongings at gunpoint in confinement, following which the police added sections of robbery with attempt-to-murder under Section 397 of the IPC.
The Swift Desire car used in the crime was stolen from Panchkula and an FIR in this regard had been registered there. The police had recovered a fake registration certificate of the car and added sections of forgery in the charge sheet.

the caseNavneet Singh Chatha was kidnapped for a ransom of Rs 1 crore on April 10. A police team rescued him following an extensive operation.

Tata Motors penalised Rs 50,000

Chandigarh, June 4
The State Consumer Disputes Redressal Commission while upholding the decision of the district forum-1 has increased the fine from Rs 20,000 to Rs 50,000 on Tata Motors for its failure to rectify the fault in a newly purchased vehicle of a Mohali resident.
The respondents, Tata Motors, had gone in an appeal against the forum's order which had directed them to rectify all defects present in the Tata Indigo CS car by repairing/replacing the parts as per a report prepared by an engineering college within a month. In case, they are unable to rectify the defects as per the report, they may then refund the value of the vehicle paid by the complainant after deducting depreciation at the rate of 10 per cent per annum from the date of purchase till the date of the order. They were further directed to pay Rs 20,000 to the complainant as compensation along with Rs 5,000 as costs of litigation.
The state commission comprising president justice Sham Sunder and member Neena Sandhu directed the respondents to rectify the defects in the car/replace the defective parts thereof, as ordered by the district forum.
The respondents were also told to pay a sum of Rs 50,000 to the complainant as compensation for mental agony and harassment instead of Rs 20,000 as awarded by the district forum. The respondents will also have to pay Rs 10,000 instead of Rs 5,000 as costs of litigation. The direction given by the forum for deduction of depreciation value at the rate of 10 per cent per annum from the date of purchase of the car till the impugned order passed by it was set aside.
The complainant, Chetan Gill, submitted that on their recommendation, he had bought a car for Rs 4,80,573 from Joshi Autos Zone Pvt. Ltd (opposite party number 3) with a warranty till December 12, 2009. It was further stated that the car started giving trouble from the very first month of purchase and, consequently, the same was taken to the workshop of the opposite parties, a number of times, for major repairs, including excessive engine noise and clutch problem on September 15, 2008, excessive noise caused due to faulty fan/alternator belt on December 23, 2008, and Camshaft drive belt along with belts broke down on April 7, 2009. The car was, thereafter, handed over
to him, as fully repaired but when it was taken for test drive, he realised that the problems still persisted. He alleged that the opposite parties sold a defective product, which was not working properly, and was continuously causing him mental pain and agony.
The council for the chairman and deputy general manager, Tata Motors Limited (opposite parties), respectively, stated that there was no manufacturing defect in the vehicle and the complainant had not produced any expert opinion, or evidence, to prove the defects pointed out by him, in the same. It was further stated that the averments of the complainant stood contradicted, by the job cards, which did not mention any abnormal noise or defect in the vehicle. Whenever the complainant visited the workshop, the vehicle was fully repaired to his satisfaction, as per the conditions of warranty. It was further stated that the vehicle had already covered over 20,000 km, and the faults, if any, were because of excessive use as the vehicle was used as a commercial vehicle. The opposite party number 3 denied that the complainant was compelled to buy the vehicle and added that whenever the complainant brought the vehicle for service, his complaint was well attended to, as per the conditions of warranty. It was denied that the vehicle had broken down, due to any manufacturing defect, or that there was any engine noise, in the same.

DC says he has no authority to cancel Sadique’s certificate

Chandigarh, May 17
A month after the SC Commission directed the Deputy Commissioner of Ludhiana to cancel the Scheduled Caste certificate issued to Mohammad Sadique, the bard-turned-Congress legislator from Bhadaur, the DC has referred the matter back to the Directorate of SC and ST Welfare, Chandigarh.
Deputy Commissioner Rahul Tiwari said the authority to cancel the certificate rested with the state board constituted for the welfare of SCs and BCs.
“The board will conduct an indepth inquiry into the issue. It will issue a show-cause notice to the candidate and give him time to file a representation and appear before the board. If he is found practising Islam as his religion, his certificate will be cancelled,” Tiwari said.
Lakha Singh, Deputy Director, Welfare Department, said they were yet to receive any communication from the DC.
The SC Commission had on April 24 directed the DC to cancel Sadique’s certificate as he was a Muslim and could not be certified as an SC. It had also directed that all such certificates issued earlier be cancelled and the compliance report sent every month.

Sadique won from the Bhadaur (reserve) seat defeating retired bureaucrat Darbara Singh Guru in the recent assembly poll. Guru challenged his election in the High Court, saying that Sadique was not eligible to contest from the Bhadaur (R) seat as he was a Muslim. Interestingly, the commission had directed the DC to cancel Sadique’s certificate despite a set procedure in such cases. Sadique says he is being targeted as he had defeated an Akali heavyweight and a senior bureaucrat. 

Looking back

n The Scheduled Caste Commission had on April 24 directed the Ludhiana Deputy Commissioner to cancel Mohammed Sadique's certificate as he was a Muslim and could not be certified as an SC

n It had directed that all such certificates issued earlier be cancelled and the compliance report sent every month

n Sadique, Bhadaur MLA, says he is being targeted as he had defeated Akali heavyweight DS Guru

n Guru had challenged his election in the High Court

Delhi High Court has ordered removal of objectionable blog against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar

The Delhi High Court has ordered removal of objectionable blogs and remarks posted by a man against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar on Google's website www.Blogger.Com.

While ordering removal of his "defamatory" blogs, Justice Manmohan Singh also restrained blogger Jitender Bagga from sending objectionable emails and publishing blogs on the website against the AoL founder.

The court order came on an NGO's civil suit, seeking damages of over Rs 5 crore from the blogger and the website.

"It appears that the plaintiffs (NGO and its volunteers) have been able to make out a strong prima facie case for passing an ex-parte interim order. The balance of convenience also lies in favour the plaintiff and against the defendants (Bagga and the website).

In case, interim order is not passed, the plaintiffs will suffer irreparable loss and injury. Thus, till the next date, the defendant 2 (website) is directed to remove all defamatory contents about the plaintiffs posted by defendant 1 (Bagga) on website www.Blogger.Com," the court said.

"Bagga is restrained from sending any email or posting any material over the website which has a direct or indirect reference to the plaintiffs or the Art of Living Foundation or any member of AoL or His Holiness Sri Sri Ravi Shankar," the court said.

Filing a civil suit through its trustee Mahesh Gupta, the NGO Vyakti Vikas Kendra, India Public Charitable Trust has sought a damage of Rs 5.9 crore from Bagga and the website.

It alleged Bagga has created and published various materials against the volunteers of this NGO, which promotes spiritual, educational, cultural and social developmental activities and also runs the programme called AoL. It added Bagga has published materials against its founder Sri Sri Ravi Shankar and his family members.

U.S. Suit Says Arizona Sheriff Discriminated Against Latinos

PHOENIX — A federal lawsuit asserting a “pattern of unlawful discrimination” by law enforcement officials here claims that Latinos at the county jail were often referred to as “stupid” or addressed with a coarse ethnic slur. It also says that an e-mail circulated among jail officers contained a photograph of a Chihuahua in a swimsuit, over the words, “A rare photo of a Mexican Navy Seal.”

On the streets, Latino drivers were five to nine times more likely than their non-Latino counterparts to be stopped or searched, the suit asserts, for appearing disheveled or dirty or if it was deemed that too many people were in the back seat. Some were detained because they were said to have looked nervous or avoided eye contact.

The accusations are among those included in a lawsuit filed by the Justice Department on Thursday against Sheriff Joe Arpaio of Maricopa County, who, calling himself “America’s toughest sheriff,” has waged a relentless crackdown on illegal immigrants.

The litigation, in an election year, escalates a politically charged fight over local enforcement of federal immigration laws and the civil rights of Latinos. The suit asks a federal judge to issue an order against discriminatory practices by sheriff’s deputies, and to require the Sheriff’s Office to eliminate a “pattern or practice of unlawful conduct.”

Sheriff Arpaio is accused of running an agency where suspicion and grounds for arrest have been heavily influenced by ethnicity or poor English skills.

In a 32-page complaint, the Justice Department contends that he and his deputies waged a campaign against illegal immigration — through sweeps of homes and workplaces, and in traffic stops and jail practices — aimed at Latinos, regardless of status or citizenship.

Sheriff Arpaio also sought to silence his opponents — lawyers, judges and private citizens — through retaliation, at times filing lawsuits against them that were later found to be baseless, the complaint says.

“At its core, this is an abuse-of-power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety, and did not hesitate to retaliate against his perceived critics,” Thomas E. Perez, assistant attorney general at the Justice Department’s Civil Rights Division, said at a news conference here.

Sheriff Arpaio has engaged in an increasingly bitter conflict with the Obama administration, including questioning the authenticity of the president’s birth certificate and portraying the civil rights investigation that preceded the lawsuit as politicized.

In a news conference at his office, Sheriff Arpaio said he would not allow his office to be "taken over by some bureaucrats in the federal government."

“I will fight this to the bitter end,” he said. He also said: “They’re using me for the Latino vote. I hate to say this is political, but the timing is suspect.”

In what was seen as a pre-emptive move, his office distributed a 17-point plan on Wednesday that promised to “establish and maintain specific bias-free law enforcement and detention” through better policies and training.

“We’re just doing our jobs enforcing illegal immigration laws,” the sheriff said Thursday. “We’re not racist.”

Mr. Perez said the document validated the lawsuit’s claims and was “largely an admission” that problems existed, but came too late to change the Justice Department’s course of action.

Portraying Sheriff Arpaio’s roughly 900 deputies as poorly trained and supervised, the suit contends that they are far more likely to stop and search Latinos than non-Latinos. Further, the complaint asserts, there is a “culture of bias” against Latinos among the 1,800 officers in the county jail system.

The federal government and Arizona officials have been feuding on many fronts about immigration enforcement. State officials contend that the government has failed to police the southwestern border, leading to a flood of illegal immigrants who have strained state services and created other problems.

The Supreme Court is weighing a federal challenge to a 2010 Arizona law that requires state law enforcement officials to determine the immigration status of people they stop and suspect are in the United States illegally.

But even by Arizona’s strict standards, Sheriff Arpaio, a media-savvy figure who is known as Sheriff Joe, has been aggressive. The Justice Department’s investigation of his policing practices began during the administration of George W. Bush but eventually stalled.

In December, the Justice Department released a highly critical report laying out what it said were violations by Sheriff Arpaio and his office. The department moved to negotiate a settlement, but the sheriff refused to acquiesce to its demand to place an independent monitor in his office, saying it would give the federal government too much power over a local law enforcement agency.

The standoff suggests that it may take a trial to resolve the matter.