Hoshiarpur SP lands in Vigilance net

Jalandhar, August 1
While the Punjab Police is still trying to come out of the shock caused by the recent arrests of two of its senior police officers, Randhir Singh Uppal, SP (Detective) Hoshiarpur, was arrested from his office by the officials of the state Vigilance Bureau while, he was allegedly in the process of accepting a bribe of Rs 50,000 from a Nangal resident Roopdaman Ohri.
Uppal is the third senior Punjab Police official to be arrested in a bribery case, after the recent arrests of DSP Raka Ghirra and AIG Parmdip Singh in similar cases by the CBI. These arrests have created ripples across the police top brass in the state. Ohri has alleged that Uppal had demanded a bribe of Rs 2 lakh for taking action against his Hoshiarpur-based tenant who had sold off his ancestral shop in the Kotwali Bazaar on the basis of fake documents.
Meanwhile, a Vigilance Bureau team led by the Jalandhar Vigilance Bureau SSP, Surjit Singh Grewal, and Hoshiarpur Vigilance Bureau DSP, Baldev Singh, has sealed the official residence of Uppal.The SSP has also despatched another special team to raid the Amritsar-based residence of Uppal. “We expect to find more incriminating evidence or articles from his house,” said a Vigilance Bureau official. Uppal who, offered no resistance at the time of his arrest from his office around 5 pm has been booked under the Prevention of Corruption Act. “He was caught red-handed while taking a bribe of Rs 50,000 from the complainant,” said Grewal.
Uppal was posted as the SP (D) at Hoshiarpur about an year ago. He was to be shifted to Department of Jails but was successful in stalling his transfer midway.
Ohri has alleged that he had already paid Rs 10,000 as advance ‘booking money’ to the Reader of the SP and he was summoned by the SP today to pay the next instalment of Rs 50,000. As per the ‘settlement’, the rest of the amount was to be given after ‘finishing of the job.’
IG Vigilance Bureau Kuldip Singh said the accused would be produced in the court tomorrow. He said another Rs 1 lakh was recovered from his office drawer for which Uppal failed to give an explanation. “Though, Ohri is the first complainant against Uppal, we will investigate the case thoroughly. The recovery of the unaccounted sum of Rs 1 lakh will also be subjected to thorough scrutiny,” said Kuldip Singh.
Amritsar: The Vigilance sleuths raided the house of arrested SP (D) Randhir Singh Uppal at Meeran Kot on the Amritsar-Ajnala road this evening and recovered two AK-47 rifles and a revolver.

High Court ends controversy on validity of interim bail orders

Chandigarh, August 1
Putting to an end the controversy on the validity of the interim bail orders, the Punjab and Haryana High Court in a significant judgment has ruled that it would continue till vacated or modified.

The judgment, affecting almost all criminal cases where interim relief is granted, is significant as it clarifies that the benefit will stand extended on its own, if it is not specifically granted for a certain period.

Clarifying the law, Justice Alok Singh has asserted: In the opinion of this court, if the courts grant interim order saying “meanwhile”, it would be in force till it is vacated or modified.

Elaborating, Justice Alok Singh has asserted since the order is already in existence, “there is no need for the court to extend the order again and again on every date fixed. “Interim order requires extension only when the interim order is passed for a fixed period, that is till the next date of listing”. The ruling came just before Justice Alok Singh held a sub-inspector has prima facie committed contempt of court by arresting a groom despite interim protection.

“I am of the prima facie view that SI Malook Singh has committed contempt of court by arresting Paras Sharma, accused, in total violation of the protection granted by this court to him.

Going into the background of the controversy, Justice Alok Singh observed an abduction case was registered on February 28 at Ferozepur on the statement of Sukhdev Raj, after he alleged Sunita was allured by Paras on the pretext of marriage.

The couple too moved the High Court for protection of life and liberty after claiming they had tied the knot against their parents’ wishes.

Acting on the plea, the court ordered: “Meanwhile, the petitioner number two - Paras Sharma - shall not be arrested or harmed in any manner….”

Justice Alok Singh observed the Ferozepur senior superintendent of police said Paras Sharma’s arrest could not be dubbed as violation of the court order March 3, as the court on April 18 had not extended the interim protection granted to him.

Justice Alok Singh concluded the court on April 18 “never vacated the order dated March 3”. “let the matter be placed before the Bench hearing contempt for appropriate directions on the judicial side”.

The judgment

• Interim bail orders would continue until vacated or modified
• This ruling affects almost all criminal cases where interim relief is granted
• The benefit will stand extended on its own if it is not granted for a fixed period
• Requires extension only when the interim order is passed till the next date of listing

US appoints Mitul Desai as senior advisor in State Department

WASHINGTON August 1, 2011: Indian-American Mitul Desai, an expert in international finance law, has been appointed as Senior Advisor in the US State Department's South and Central Asia Bureau to cement ties with the Diaspora groups here.

"Mitul and I are working extremely hard to figure out ways where we can put together a coalition and an alliance of groups to make it easier for Indians in the Diaspora here and other Diaspora communities as well, to make contributions to development and all the other things that are important things we're working on," Assistant Secretary of State for South and Central Asia Robert Blake said at a public meeting recently.

Blake said the State Department is trying to develop tax deductible mechanisms that will allow for a lot of these people-to-people collaborations that they talk about.

"Once we get this in place I think it's going to be a really tremendous way to match and really publicise a lot of the terrific opportunities that are taking place in India.

"We will be able to do due diligence on them, to be able to assure donors in the United States that these are in fact worthy projects that they can contribute to and that they can be assured that the money is going to the right place without any fears of diversion of money or corruption or anything like that," Blake said.

In an interview to a news magazine, Desai said his appointment was an outgrowth of what Blake had seen "during his service here and in India -- the need for a position dedicated to engaging with the diaspora, NGO and private sector organisations, who are so central to the US-India relationship."

Desai's parents - Indirajit and Surekha Desai -- came to the US in the 1960s. He received his BA in Chemistry and Philosophy at Rudgers University and his JD from the Boston University School of Law.

Ties with Pakistan top on new Foreign Secy’s agenda

New Delhi, August 1
Veteran diplomat Ranjan Mathai today took over as India’s new Foreign Secretary, saying he had been mandated to pursue “substantive dialogue” with Pakistan to “restore trust and confidence” in the country’s relationship with the neighbouring country.
Mathai, a 1974-batch Indian Foreign Service officer, said he considered “constructive cooperation” between India and its immediate neighbours as one of his priority tasks.
Mathai, a former Indian Ambassador to France, took over from Nirupama Rao, who has been named as the country’s envoy to the
United States.
Mathai has held several important posts during his diplomatic career, including Ambassador to Israel and Qatar and Deputy High Commissioner to Britain, besides serving at the Indian embassies in Vienna, Colombo, Washington, Tehran and Brussels. In between, he was the Joint Secretary in the MEA in charge of Bangladesh, Sri Lanka, Myanmar and the Maldives.
Mathai takes charge as the country’s top diplomat at a time when India is confronted with several challenges on the foreign policy front with new equations emerging in the international pecking order.
The dialogue with Pakistan, no doubt, has made some progress since it was resumed in February this year. Mathai will have to keep the dialogue process on track and, at the same time, use all his persuasive skills to nudge Pakistan to bring to justice the perpetrators of the Mumbai carnage. It will, of course, be an uphill task.
His other major challenge would include strengthening the dialogue with China for an amicable settlement of the boundary dispute as well as other contentious issues.
The row over stapled visas to Indian residents from Jammu and Kashmir has still not be resolved despite Beijing giving assurances to New Delhi that it was taking steps to put an end to the issue.
The evolving situation in Afghanistan presents a serious challenge to India, what with attempts being made to reintegrate the Taliban into the mainstream of the Afghan society. Mathai and his team will have to ensure that the US and the Karzai regime remain committed to following the red lines drawn for the reconciliation with the Taliban.
The resolution of the political impasse in Nepal and an amicable settlement of the ethnic crisis in Sri Lanka would also put Mathai’s vast experience to test.
Prime Minister Manmohan Singh is scheduled to visit Bangladesh next month. Mathai has his task cut out to put the relationship with Dhaka on the fast track.
MEA officials recall that Mathai had played a critical role in the Indo-Bangla Ganga Water Sharing accord during Sheikh Hasina's first stint as the PM when he was the Joint Secretary at the South Block. This water accord is India's only successful such pact in South Asia to date.
The recent decision of the Nuclear Suppliers’ Group (NSG) to deny access to enrichment and reprocessing (ENR) technologies to countries which have not signed the NPT has caused serious concern in India. The new foreign secretary would have to ensure that the US, France and Russia, which have signed nuclear deals with India, stand by their commitment that the new guidelines of the nuclear cartel would not come in the way of their nuclear cooperation with this country.
India will have to also use the opportunity of holding the Presidency of the UN Security Council for August to bolster its campaign for a permanent seat on the high table. The top Indian diplomat will also be called upon to give a strong push to India’s campaign for a permanent seat at the UNSC during the UN General Assembly session next month. Mathai is considered a quiet diplomat who does his job without making a hue and cry. His colleague recall how he was instrumental in persuading France to become the first country to sign the nuclear deal with India within days of New Delhi getting a nuclear waiver from the NSG in September 2008.

Challenges ahead for Ranjan Mathai

n Mathai, a former Indian Ambassador to France, took over from Nirupama Rao, who has been named as the country’s envoy to the United States.
n He has taken charge as the country’s top diplomat at a time when India is confronted with several challenges on the foreign policy front.
n Mathai will have to keep the dialogue process with Pakistan on track and, at the same time, use all his persuasive skills to nudge Islamabad to bring to justice the perpetrators of the Mumbai carnage.
n His other major challenge would include strengthening the dialogue with China for an amicable settlement of the boundary dispute as well as other contentious issues.

Soon, Rs 1-crore penalty for demanding capitation fee

Parliamentary panel suggests penalty be doubled from Rs 50 lakh; govt agrees

New Delhi, August 1
The stage is set for chargers of capitation fee to be penalised Rs 1 crore per offence. The penalty will be prescribed under the pending Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill 2010 which was cleared by the Parliamentary Standing Committee on HRD today.
The committee has said the proposed Bill should be modified to cover middlemen who collect capitation fee and has asked the government to raise the penalty for institutions that demand and accept capitation fees.
“A penalty of Rs 1 crore for charging capitation fee will act as an effective deterrent for institutions and individuals indulging in the practice," the committee said in its report on the Bill tabled in Parliament today.
HRD Ministry sources told The Tribune today that 35 of the 44 suggestions made by the committee were being accepted, including the one on raising the penalty for capitation fee and prescribing different penalties for different unfair practices.
In its present form, the Bill, introduced in the Lok Sabha on May 3, 2010, and referred to the parliamentary committee on May 13 last, prescribes the same penalty - Rs 50 lakh - for all unfair practices including doing things contrary to those disclosed in the prospectus; demanding capitation fee; refusing to return documents; misleading and untrue advertising.
The committee said, “Uniform penalty for all offences is against the principle of natural justice." Besides, the panel has asked the Kapil Sibal-led ministry to define "capitation fee" in the law.
“Normally, students are charged capitation fee in the name of "other charges". These other charges must be specified to prevent institutions from charging these as capitation fee," the report said.
In another major recommendation, the committee has asked the ministry to evolve a mechanism to fix the ceiling for fees charged for various courses in India. "A workable mechanism for deciding the fee structure, mentioning the minimum and maximum chargeable fee for courses needs to be laid down," the panel noted. It questions the Act which simply asks institutions to declare fees in the prospectus without challenging their rationality.
"How will the mere fact of disclosing the fees in prospectus justify the fees even if they are exorbitant?" the committee headed by Congress’ Oscar Fernandes asked, reminding the government of the Supreme Court observations that state committees regulating admission procedures and fee structures would work as a temporary measure until the Centre or the state government concerned devised a competent authority to take this initiative.
This is your chance to render this much-awaited service to the nation, the committee told Sibal.

Ex-minister Ola rejects

Former Mines Minister Sis Ram Ola has given a dissenting note on the Bill, saying all penalty clauses should be withdrawn as they are very stringent and would lower the morale of private institutions. "Punishment prescribed for each offence, irrespective of its nature and gravity, more than acting as a deterrent, will lower the morale of private institutions," Ola said rejecting the Bill. 

money game

n The proposed Bill should be modified to cover middlemen who collect capitation fee
n Out of 44, 35 suggestions made by the committee have been accepted
n The committee has asked the ministry to evolve a mechanism to fix the ceiling for fees charged for various courses in India