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March 21, 2013

India votes against Sri Lanka at UN

Geneva/New Delhi, March 21
India today voted in favour of the US-sponsored resolution for promoting reconciliation and accountability in Sri Lanka at the UN Human Rights Council (UNHRC) in Geneva. It however failed to get its amendments incorporated in the text of the document.
The resolution, critical of human rights record of Sri Lanka, called on Colombo to conduct an independent and credible investigation into alleged war crimes. However, what must have brought some relief to Sri Lanka was the fact that the resolution avoided references like call for an international probe into alleged human rights violations or “genocide” in the context of civilian killings during the prolonged conflict.
The resolution was adopted with 25 votes in favour, 13 against and eight abstentions in the 47-member body. Gabon, a member-nation, could not vote due to voting rights issue.
Pakistan voted against the resolution, saying the resolution would fail to engage Sri Lanka constructively and negatively impact the ongoing reconciliation process.
Last year too, India had voted for the resolution against the island nation.
Official sources said India wanted to introduce some tough amendments to the resolution in view of the overwhelming concerns over the plight of Tamils in the island nation but was dissuaded from doing so by the US. India’s envoy to the UN offices Dilip Sinha, who returned to Geneva early this morning carrying instructions from New Delhi, was told by the sponsors that the attempt was to make the resolution “broadest possible” and that certain words in the text might make things difficult for its smooth passage.
The Indian representative was allowed to make intervention during the discussion. In his remarks, Sinha criticised Sri Lanka for making “inadequate progress” in fulfilling its commitment to the UNHRC in 2009 for genuine national reconciliation and full enjoyment of human rights by all its citizens. He said India would encourage Lanka to expedite the process of a broad-based, inclusive and meaningful reconciliation and political settlement that ensured all communities live in dignity, with equal rights and equal protection of the laws. “As a neighbour with thousands of years of relations with Sri Lanka, we cannot remain untouched by developments in that country and will continue to remain engaged in this matter.”
The Sri Lankan envoy strongly opposed the resolution, contending that it was based on misrepresentation of facts. “The resolution casts aspersions on domestic processes without any foundation and could hinder the reconciliation process.”
The resolution called upon Colombo to effectively implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission.
The Resolution
  • Calls for independent investigation by Colombo into alleged war crimes
  • Seeks implementation of recommendations made in the Lessons Learnt and Reconciliation panel report
  • Avoids references to international probe into alleged human rights violations or term ‘genocide’
Disappointing: DMK
Expressing 'surprise' over India supporting a 'weak' and 'diluted' US resolution against Sri Lanka at UNHRC, former UPA ally DMK on Thursday said New Delhi had by its action "totally disappointed" the entire Tamil diaspora.

The 1993 Mumbai blasts: what exactly happened on March 12 that year

Mumbai: On March 12, 1993, the city of Mumbai was rocked by 13 explosions in different parts of the city. It resulted in 257 fatalities and over 700 were injured. According to some news reports, the death toll was over 300 and the number of injured stood at 1400. It is the largest coordinated terror attack to have taken place on Indian soil in terms of the number of casualties. It is also one of the most well-planned terror attacks to have been perpetrated in India apart from the 26/11 Mumbai attacks. It was also the first terror attack on Indian soil in which RDX was used as the explosive material.
At 1:30 pm on March 12, the first car bomb went off in the basement of the Bombay Stock Exchange building. The 28-story office building and surrounding structures were thoroughly damaged. About 50 were killed in this explosion. Over the next two hour 10 minutes, till 3.40 pm, car bombs and scooter bombs went off at regular intervals at many locations in the city. They were: the Fisherman's Colony in Mahim causeway, Zaveri Bazaar, Plaza Cinema, Century Bazaar, Katha Bazaar, Hotel Sea Rock, the Air India Building, Hotel Juhu Centaur, Worli and the Passport Office. Grenades were lobbed at Sahar Airport.
The attacks were planned by Dawood Ibrahim, the Pakistan-based underworld boss and India's 'most wanted' fugitive who also has his name prominently figuring on the 'most wanted' lists of the US and the Interpol.
Dawood was assisted in this act by Tiger Memon, one of his most trusted associates who is also believed to be hiding somewhere in Pakistan. The bombings were financed by expatriate Indian smugglers based out of the UAE. The Indian authorities have also pointed at the active involvement of the Pakistani intelligence agency, Inter-Services Intelligence (ISI), in the blasts. Several terrorists received their arms, ammunition and explosives training in Pakistan. Nearly all were recruited from Dubai or went to Pakistan via Dubai.
Following the December 6 destruction of the Babri Masjid in Ayodhya by right wing Hindu fanatics, widespread riots gripped Mumbai. There were allegations of the police colluding with rioters in which certain minority-inhabited areas were targeted. The planners thus managed to rope in disgruntled Muslim youths who would travel to Dubai, then to Pakistan to receive training, then come back to India to actually execute the attacks. The original plan was to attack Mumbai in April during the Shiv Jayanti celebrations but was advanced after Gul Noor Mohammad Sheikh a.k.a. Gullu was detained at the Nav Pada police station on March 9, 1993. Gullu was one of the 19 men handpicked by Tiger Memon and sent to Pakistan via Dubai on February 19, 1993, for training in the use of arms and bomb making.
Gullu confessed to his his training in Pakistan and spoke about a conspiracy underway to bomb major locations around the city, including the Bombay Stock Exchange, Sahar Airport and the Shiv Sena Bhavan. However, police rubbished his conspiracy claims. The arrest of Gul Mohammed spurred Tiger Memon to advance the date of the blasts.
The three hotels were targeted by suitcase bombs left in rooms booked by the perpetrators. A double decker bus was very badly damaged in one of the explosions, the biggest of them all. The single incident claimed up to 90 lives.
The 1993 Mumbai blasts split the Mumbai underworld on religious lines. The D-Company of Dawood Ibrahim saw Dawood's right hand man Chotta Rajan split from the organisation, taking most of the Hindu members such as Sadhu Shetty, Jaspal Singh and Mohan Kotiyan with him. The ongoing gang war has already claimed more than hundred lives. Incidentally, seven of the accused were killed by Chotta Rajan's hitmen.
Five Customs officials and five policemen were also widely held responsible for allowing RDX into the city. Some of them received bribes and some were just lax about their duties.

India's tough stand forces Italy to send back marines to face murder trial

Massimiliano Latorre (R) and Salvatore Girone
Rome/ New Delhi,  March 21:
The Italian Government has said it will return to India two marines facing charges of killing two fishermen.
The two — Massimiliano Latorre and Salvatore Girone — had been granted a special leave last month by an Indian court to return to Italy to vote in elections but had skipped bail. This reverses an earlier decision by the Foreign Ministry saying the two would not return on March 22.

It is a victory for India in the stand-off with Italy over the fate of the two Italian marines, Massimiliano Lattore and Salvatore Girone, accused of killing two Kerala fishermen. The Italian government has said that the marines will be sent back to India on Friday.

Italian authorities say that the decision was taken after they requested and received a written assurance from the Indian government regarding the treatment and protection of the marines' fundamental rights. An official statement from Rome said, "The Italian government requested and received a written assurances from the Indian authorities regarding the treatment of the marines and the protection of their fundamental rights."

The Ministry of External Affairs in its first official reaction has confirmed that Italy has informed India at a very senior level that the marines will be back on Friday. The government will make a statement in Parliament after noon.

Minister of State for Home Affairs RPN Singh welcomed Italy's decision. Singh tweeted, "India's tough stand as articulated by the PM and Sonia Gandhi has worked. Italy sending back its 2 marines to face trial in India."

Italy's decision to not send the marines back had sparked a diplomatic row earlier this month. India had warned Italy of dire consequences if the marines were not returned and the tough stance seems to have forced the Italian government to reverse its position.

The Supreme Court had also taken a tough stance barring Italian ambassador Daniele Mancini from leaving India. Coming down heavily on Mancini while hearing the case of the Italian marines, the Chief Justice of India Altamas Kabir had not only restrained him from leaving the country till further orders, he also added that a person who comes to the court and gives an undertaking has no immunity.

The Supreme Court also said that that it had lost all trust in the Italian ambassador while adjourning the matter till April 2. The court had ruled that no further affidavits will be accepted from the Italian ambassador on whether he wants to leave the country.
Prime Minister Manmohan Singh last week termed as "unacceptable" Italy's refusal to send its two marines back to India and said the issue will be taken up with that country. Congress President Sonia Gandhi had also spoken out strongly saying that no country should take India for granted.

1993 Mumbai blasts case SC verdict

Sanjay Dutt gets 5 years in jail 

NEW DELHI: The Supreme Court on Thursday upheld death sentence for Yakub Memon in the 1993 Mumbai serial blasts case. The apex court also commuted death sentence of 10 other convicts to life imprisonment.

The Supreme Court commuted death sentence on the ground that the convicts were behind bars for 20 years and their economic condition was weak. However, the court said life term convicts would remain in jail till their death. The life sentence of Ashrafur Rehman Azimulla was reduced to 10 years while that of Imtiyaz Yunusmiya Ghavte to jail term already undergone

The Supreme Court also said that the management and conspiracy of 1993 blasts were done by Dawood Ibrahim and others in Pakistan. The accused were trained in bomb making and to handle sophisticated weapons in Pakistan, the Supreme Court said in its ruling. It also stated that Pakistan’s intelligence agency ISI was also involved in the 1993 blasts.

The Supreme Court asserted that the police, customs and coastal guards are also to be blamed for 1993 blasts. The training of convicts in Pakistan materialised in 1993 blasts, the apex court added and said Yakub Memon and all the absconding accused (Dawood Ibrahim and others) were “archers” and rest of the accused were “arrows” in their hands.

The Supreme Court upheld the conviction of Sanjay Dutt under Arms Act in the case. However it reduced Dutt’s six year jail term given by TADA court to five years. The court ordered that convicts who were on bail, including Sanjay Dutt, would have to surrender within four weeks.

Upholding the evidence and materials perused by the TADA court in arriving at the decision against Dutt, The Supreme Court said the circumstances and nature of offence was so serious that Dutt could not be released on probation.

The court dismissed all appeals of the convicts except that of Mubina alias Baya Moosa Bhiwandiwala and that of Mulchand Sampatraj Shah.

Deadly Strikes

1993
Mar 12: 13 explosions rock Mumbai; 257 killed, 713 injured.
Apr 19: Actor Sanjay Dutt held
Nov 4: Chargesheet filed against 189 accused, including Dutt.
Nov 19: Case given to CBI.

1995
Apr 10: 26 accused discharged. Charges framed against the rest Apr 19: Trial commences.

2003
Sept: Trial ends. Court reserves judgment.
Sept 12: Court pronounces four members of the Memon family guilty, acquits three. 12 convicts awarded death penalty while 20 were given life sentence.

2011
Nov 1: The Supreme Court begins hearing on appeals filed by 100 convicts

2013
Mar 21: SC upholds death sentence of convict Yakub Memon, brother of Tiger Memon, and commutes death sentence of 10 convicts to life term. Life imprisonment of 16 out of 18 convicts also upheld.

The Plotters
Dawood Ibrahim (pic), Tiger Memon, and Mohammed Ahmed Dossa, Ayub alias Abdul Razak Memon were described as planners the blasts along with Yakub Memon
Younger brother of Tiger Memon, Yakub (pic), a chartered accountant, was found guilty of possessing arms and distributing them among the accused besides purchasing vehicles used in the blasts
Among the other 10 death convicts whose punishment was commuted to life sentence were those given the role of planting the explosives by Yakub

Dutt's Role
Sanjay Dutt (53), who is out on bail, will also have to surrender within four weeks to serve a jail term of 42 months. He has already spent 18 months behind bars.
Dutt's conviction upheld under Arms Act. SC reduces 6-yr jail term given by TADA court to 5 years.
TADA court had held actor guilty of illegal possession of a 9 mm pistol and three AK-56 rifles which was part of the consignment of weapons and explosives brought to India for serial blasts.