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You are here: Home / 2014 / Archives for December 2014

Archives for December 2014

Can a defender of Ishrat Jahan ‘encounter’ represent the CBI in the encounter case in the SC?

December 4, 2014 by Nasheman

Justice for Ishrat Jahan

by Justice for Ishrat Jahan Campaign

For the past few months, we have been witnessing one police officer after another, jailed for fake encounters in Gujarat, being released on bail, or reinstated by the Gujarat government.  What is even more startling is the position that investigating agency, the CBI, has been taking in the courts. When the Bombay High court granted bail to N.K. Amin in the Sohrabuddin fake encounter case in March 2013, the CBI contested it and filed a cancellation of bail petition before the Supreme Court.

When this cancellation petition was listed in the Supreme Court on 11th November 2014, former BJP Spokesperson and current Additional Solicitor General (ASG) Pinky Anand appeared on behalf of CBI. The CBI’s U-turn in the case was striking. Whereas earlier, it had sought the cancellation of the bail, it did not do so now.

N.K. Amin, who is also an accused in the Ishrat Jahan encounter case, meanwhile filed a Special Leave Petition in the Supreme Court seeking bail in the Ishrat Jahan matter on the ground that the chargesheet was not filed in 90 days. Again, it was Ms. Anand who represented the CBI.

While no one denies the right of the accused to seek bail, fairness demands that those who have publicly defended the Ishrat Jahan encounter as genuine, and have cast aspersions on the line of enquiry being pursued by the CBI should at least not represent the CBI in this matter. Ms. Anand, in her position as the spokesperson of her party questioned the move by the CBI to take on record the letter that D.G. Vanzara wrote from the prison or to investigate the allegations made in the letter (see full video here).

It would be a travesty of justice if Ms. Anand continues to represent the CBI in an investigation she has questioned in the past. The flip-flops by the CBI in the recent days also raise fears about the independence of investigating agencies.

Released by Manisha Sethi and Mansi Sharma

For Justice for Ishrat Jahan Campaign/ 3rd December 2014.

Supporting Documents:

  1. Bail order of the Bombay HC
  2. NK Amin bail order dated 11.11.2014

(Please only refer to the latter part which deals with S.L.P.(Crl.) No. 4949/2013 which is the order passed in the Sohrabuddin case.)

Filed Under: India, Indian Muslims Tagged With: A S G Pinky Anand, BJP, CBI, Ishrat Jahan, Justice for Ishrat Jahan Campaign

SC sets up 'Social Justice Bench' with the object to 'secure social justice'

December 4, 2014 by Nasheman

Supreme Court India

New Delhi: The Supreme Court today set up a special ‘Social Justice Bench’ to exclusively hear cases concerning social issues particularly those related to women, children and underprivileged saying that specialised approach is needed for dealing with these matters.

Emphasising that judiciary needs to be proactive to ensure early disposal of such cases and to bring fruits of the rights provided under the Constitution to people, the apex court set up the bench which will assemble every Friday at 2 PM from December 12.

“In Supreme Court several cases relating to the domain of social justice are pending for several years. Chief Justice of India is of the view that these cases shall be given a specialised approach for their early disposal so that the masses will realise the fruits of the rights provided to them by the constitutional text.”

“In this perspective his Lordship has ordered constitution of special bench titled as ‘Social Justice Bench’ to deal specially with the matters relating to society and its members, to secure social justice, one of the ideals of the Indian Constitution,” a press release issued by the apex court said.

The special bench will comprise justices Madan B Lokur and U U Lalit.

“Under the domain of social justice, several cases highlighting social issues are included.”

To mention summarily about the release of surplus foodgrains lying in stocks for the use of people living in the drought-affected areas to frame a fresh scheme for public distribution of foodgrains, to take steps to prevent untimely death of women and children for want of nutritious food, providing hygienic meal besides issues relating to children to provide night shelter to destitute and homeless, to provide medical facilities to all the citizens irrespective of their economic condition, to provide hygienic drinking water, to provide safety and secure living condition for the fair gender who are forced into prostitution etc.

“These are some of the areas where the Constitution mechanism has to play a proactive role in order to meet the goals of the Constitution,” the release said.

Filed Under: Human Rights, India Tagged With: Madan B Lokur, Social Justice, Social Justice Bench, Supreme court, U U Lalit

Oldest litigant says he will not pursue Babri case further

December 4, 2014 by Nasheman

Mohammad Hashim Ansari

Lucknow/Ayodhya/New Delhi: Mohammad Hashim Ansari, the oldest litigant in the Babri Masjid case, has accused Samajwadi Party leader Azam Khan of seeking to take political advantage of the issue and said he will not pursue the case any further.

Ansari, who is in his early 90s, also said he did not want to see “Ram Lalla” in a tent but in a free and open state.

Ansari’s remarks triggered political reactions, with the Bharatiya Janata Party welcoming them and the Bahujan Samaj Party demanding a probe into the circumstances in which he made the comments.

Ansari said he was fed up with the politicisation of the issue.

“Whether it is Babri masjid or Ram Janmabhoomi, it has become a battleground of politics. I do not want to befool Hindus or Muslims. I will not pursue the Babri Masjid case at any cost,” he said.

Ansari also said he will not take part in any programme Dec 6, the anniversary of the Babri Masjid demolition.

He hit out at Azam Khan, a minister in the Akhilesh Yadav government in Uttar Pradesh, and said: “I file the case and political advantage is taken by Azam Khan. Hence, I will not pursue it. Let Azam Khan fight it.”

Ansari said when Azam Khan can visit temples of Chitrakoot, why can’t he visit Ayodhya.

Talking to All India Radio, Ansari said when he sees Ram Lalla in a tent, it pains him and he does not want that to continue. He said he wants to see Ram Lalla to be free and open.

In remarks to Times Now channel, Ansari said he was ready to talk to Prime Minister Narendra Modi on the issue.

“The door for talks is open. I will talk to him, welcome him,” Ansari said.

Zafaryab Jilani, legal advisor to the All India Muslim Personal Law Board, said Ansari’s recusal from the case would not have much effect.

He said Ansari may be upset over some issue or has not been properly briefed.

BSP chief Mayawati said the state government should probe the circumstances in which Ansari made the remarks.

“If the state government does not do it, then the central government should do it,” she said.

BJP leader Yogi Adityanath welcomed Ansari’s decision and said talks should be held and a bigger Ram Mandir should be constructed at the site.

BJP secretary Shrikant Sharma described Ansari’s comments as “a good beginning”.

He said if a solution to the Babri Mosque dispute could be found through talks, it will be a historic decision.

D. Raja of the Communist Party of India wondered if Ansari was under some pressure.

“Legal implications arising out of Mohammad Hashim Ansari leaving the case would have to be looked into by court but my point is whether he is under pressure,” Raja said.

(IANS)

Filed Under: India, Indian Muslims Tagged With: Azam Khan, Babri Masjid, Mohammad Hashim Ansari

Illegal export of iron ore: Janardhana Reddy, 9 others get conditional bail

December 4, 2014 by Nasheman

Janardhana Reddy

Bengaluru: Former minister, G Janardhana Reddy, his close associate Mehfooz Ali Khan, Kudligi MLA Nagendra and seven others have secured conditional bail in the third case pertaining to illegal export of iron ore from Belekeri port by a special CBI court.

The case pertained to the second case registered against Dream Logistics, sources said.
The CBI has registered five FIRs against Janardhana Reddy, one pertaining to illegalities in Associated Mining Company and four in connection with illegal export of iron ore from Belekeri port.

On Wednesday, the court granted conditional bail to Reddy and others. However, the accused will not be released from the prison as cases are still pending against them.

Filed Under: India Tagged With: CBI, Janardhana Reddy, Mehfooz Ali Khan, Mining

Shiv Sena to get 12 ministries in Maharashtra government

December 3, 2014 by Nasheman

uddhav-thackeray

Mumbai: A day after Maharashtra Chief Minister Devendra Fadnavis said the talks with Shiv Sena over power sharing were 70-80 per cent complete, a senior Sena leader today said both the parties have “buried” their differences and agreed on a “suitable” formula.

According to the pact, Sena will be alloted a total of 12 ministries in the Fadnavis government, out of which 5 will be of Cabinet rank.

However, the formal announcement in this regard is likely to be delayed in the wake of demise of Congress veteran and former Maharashtra chief minister AR Antulay today.

“After discussing our alliance with the BJP over last few days, we have finally decided on a ministry-sharing formula (which is) agreeable to both parties,” said a senior Sena leader whose name is reportedly in reckoning among Sena inductees in BJP government.

“We have decided (with BJP) that Shiv Sena will hold 5 cabinet portfolios in the state ministry and 7 Minister of State portfolios,” he said. He said the expansion of the state cabinet, slated for Wednesday, may get deferred by a couple of days after Antulay’s death.

“We have to follow the protocol after the sad demise of Congress leader A R Antulay. The expansion will be deferred by at least a couple of days now, and thus we will be formally announcing the names of Sena ministers only when the cabinet expansion date is announced,” he said.

Another Sena leader said ministries to be allotted to his party include Industries, Environment, Health, MSRDC (Maharashtra State Road Development Corporation) and Transport or Excise.

This is viewed as a tactical climb-down by Sena from its earlier stand wherein it had staked the claim for the crucial posts of the deputy chief minister and home minister.

However, senior Sena leader Subhash Desai who had held talks with Fadnavis last night said that talks between BJP and Sena leaders will continue today.

“We discussed several things last night,” he has said. A Sena leader had said last night that talks with BJP have almost reached a positive conclusion barring one ministry.

When contacted a senior BJP leader said the formula – allotting 5 Cabinet berths and 7 state ministries to Sena – is indeed thrashed out. “However discussions are still on,” he said on condition of anonymity as he is not authorised to speak to media.

(PTI)

Filed Under: India Tagged With: BJP, Devendra Fadnavis, Maharashtra, Shiv Sena, Uddhav Thackeray

Bengaluru: 3-year-old raped twice in school; one held

December 3, 2014 by Nasheman

rape-case

Bengaluru: In yet another shocking incident, the police have arrested an employee of a private school for allegedly raping a 3-year-old student.

The suspect has been identified as Nagaraj, who has been accused of raping the minor twice between October 22 and Nov 26.

The incident came to light, when the victim’s mother took the child for a medical check up, as the child developed medical complications. The doctor who examined the child confirmed rape and advised parents to approach the police.

Based on the complaint filed by the parents of the victim, the police arrested Nagaraj, an attender, with the school, on Nov 30 and booked him under 5(m) (f), 6, and 21 of the POCSO Act and sections 188, 336, and 376 of the IPC. According to sources, the accused has confessed to raping the child.

The cases of sexual assault in schools are on the rise in the City. This is the fifth incident of child rape reported since June.

(Agencies)

Filed Under: India Tagged With: Bangalore, Bengaluru, Crime, Karnataka, Rape

Iraq says woman detained in Lebanon is not Baghdadi's wife

December 3, 2014 by Nasheman

A man purported to be the reclusive leader of the militant Islamic State Abu Bakr al-Baghdadi has made what would be his first public appearance at a mosque in the centre of Iraq's second city, Mosul, according to a video recording posted on the Internet on July 5, 2014, in this still image taken from video.

A man purported to be the reclusive leader of the militant Islamic State Abu Bakr al-Baghdadi has made what would be his first public appearance at a mosque in the centre of Iraq’s second city, Mosul, according to a video recording posted on the Internet on July 5, 2014, in this still image taken from video.

Baghdad/Reuters: Iraq’s Interior Ministry said on Wednesday that a woman detained by Lebanese authorities was not the wife of Islamic State leader Abu Bakr al-Baghdadi, but the sister of a man convicted of bombings in southern Iraq.

“The one detained by Lebanese authorities was Saja Abdul Hamid al-Dulaimi, sister of Omar Abdul Hamid al-Dulaimi who is detained by authorities and sentenced to death for his participation in … explosions,” ministry spokesman Brigadier General Saad Maan told Reuters.

“The wives of the terrorist al-Baghdadi are Asmaa Fawzi Mohammed al-Dulaimi and Esraa Rajab Mahel al-Qaisi, and there is no wife in the name of Saja al-Dulaimi,” he said.

Maan said Saja Dulaimi had fled to Syria where she was detainees by authorities. She was part of a group of female detainees freed in exchange for the release of a group of nuns captured by Islamist rebels in Syria, he said.

Security officials in Lebanon said on Tuesday the Lebanese army had detained a wife and daughter of Baghdadi’s as they crossed from Syria late last month.

They were detained in northern Lebanon after the woman was found with a fake passport, officials said. Investigators were questioning her at the Lebanese Defence Ministry.

(Reporting by Raheem Salman; Writing by Dominic Evans; Editing by Alison Williams)

Filed Under: Muslim World Tagged With: Abu Bakr Baghdadi, Iraq, IS, ISIS, Islamic State, Lebanon, Omar Abdul Hamid al-Dulaimi, Saja Abdul Hamid al-Dulaimi

Pakistani band denied permission for Mumbai show

December 3, 2014 by Nasheman

Sachal Jazz Ensemble

Mumbai: Popular band Sachal Jazz Ensemble had to call off its performance in Mumbai on Monday after the city police withheld permission for seven Pakistani artistes in the group to perform, local newspapers said on Tuesday.

They said the Lahore-based band consists of three British citizens and seven Pakistanis. The last-minute cancellation left a 1,000-strong crowd that had gathered to hear the internationally renowned band deeply disappointed.

The band had tweeted on Sunday night that it was going to perform “jazz and ragas” at the NCPA. The performance was to begin at 7pm; the show was cancelled at 7.40 pm after the permissions failed to come through.

“Permission (for the concert) was not given keeping the law and order situation in mind,” Deputy Commissioner of Police (spokesperson) Dhananjay Kulkarni said today.

“The organiser was informed about it on Sunday,” he added.

The band members include Nijat Ali (conductor), Nafees Khan (sitar), Baqar Abbas (flute), Ballu Khan (tabla), Rafiq Ahmed (naal), Najaf Ali (dholak, mardang), Asad Ali (guitar) and UK artistes Phillep Achille (harmonica and double bass) and Steve Lodder (piano).

The three UK citizens in the band were reportedly given approval by the police to perform in the city, but the permissions to the Pakistanis were held up, the papers said.

The band reportedly performed without any hitch in Delhi and Pune a few days ago before arriving here.

In February this year, a press conference attended by members of a music band from Pakistan was disrupted in Mumbai by Shiv Sena workers.

Filed Under: India Tagged With: Music, Pakistan, Sachal Jazz Ensemble

Oil price slide rocks world economy

December 3, 2014 by Nasheman

petrol-price-oil

by Nick Beams, WSWS

Shock waves from last Thursday’s decision by the Saudi-led oil cartel, OPEC, not to cut production in the face of an oversupply on world markets have reverberated throughout the global economy, hitting energy and mining companies as well as financial markets, and threatening whole economies with bankruptcy.

The most immediate impact of the decision was seen in Russia on Monday, where the ruble hit a record low against the US dollar since the ruble’s redenomination in 1998. That followed the Russian default, which occurred in the aftermath of the Asian financial crisis of 1997–98.

The Russian economy, which relies on oil for 60 percent of its export income and 50 percent of its budget revenues, has been hammered by the 40 percent slide in the price of oil since June.

The impact of the decline in oil revenues has been exacerbated by the sanctions imposed by the US and the European Union, which have considerably restricted Russian access to global financial markets and led to the drying up of investment inflows.

Oil has now slumped in price from around $100 per barrel just five months ago to below $70, and is expected to fall further. On Monday, the deputy chairwoman of the Russian central bank, Ksenia Yudaeva, said the bank had been working on the assumption that the oil price could go to $60. But no one knows if the slide will stop there.

Among the other countries most immediately impacted are Venezuela, Iran and Nigeria, all of which are heavily dependent on oil revenues to fund government programs.

In another expression of the global consequences of the OPEC decision, more than $30 billion was wiped off of the Australian share market yesterday, as mining and energy stocks tumbled. The giant global mining company BHP Billiton recorded its lowest share price in five years.

While the trigger for the decline was provided by the Saudi decision, the plunge in the price of oil is indicative of deeper processes. The year 2014 has marked the exhaustion of the various stimulus measures—above all, the program of “quantitative easing” pursued by the US Fed and other major central banks—which have sent asset prices to record highs.

The tendency in the underlying real economy has been continuing economic stagnation and the emergence of outright recession. The movement of the financial markets as compared to the real economy is, to use an analogy once employed by Leon Trotsky, like the opening of the blades of a giant pair of scissors.

Some six years after the eruption of the global financial crisis in 2008, the euro zone economy has not even reached the level of economic output achieved in 2007, with investment levels down by as much as 25 percent, while the inflation rate continues to fall.

The Japanese economy, despite the massive financial stimulus provided by so-called Abenomics, has entered another recession, its fourth in the past six years, as concerns grow over the capacity of the government to repay the public debt, now estimated to be more than 250 percent of gross domestic product. On Monday, the rating agency Moody’s downgraded its credit rating for the country, the world’s third largest single economy, putting it below China and South Korea and on a par with Bermuda, Oman and Estonia.

Over the past six years, the global economy has been sustained to a significant extent by continuing Chinese growth, largely the result of the stimulus package initiated by the Chinese government and the massive expansion of credit, estimated to be equivalent in size to the entire American banking system. But throughout this year it has become increasingly apparent that the Chinese economy is in the grip of a deflationary vortex. So-called “producer prices,” which record the value of commodities as they leave the factory gate, have been falling for the past three years. Property prices have fallen significantly, ending the real estate boom.

This week, a report by official government researchers put a figure on wasteful spending. It said some $6.8 trillion had been laid out since 2009 on “ineffective investment,” including needless steel mills, ghost cites and empty stadiums, as well as other government efforts to insulate China from the impact of the global financial crisis.

While American financial markets appear thus far to have been only marginally affected by the OPEC decision, the falling oil price will have major long-term consequences. One of the motivating factors for the Saudi decision appears to have been its determination to squeeze relatively high-cost US shale oil producers out of the market by driving prices lower. This is a replication of the strategy in the iron ore market, which has experienced a price fall similar to that of oil this year. Major producers, in particular BHP Billiton and Rio, have responded by increasing, rather than cutting, production in an effort to send their higher-cost rivals to the wall.

A continued slide in the oil price will have major consequences for junk bond and leveraged loan markets in the US. With oil prices reaching around $100 per barrel in 2011, shale oil production became profitable, even at extraction costs of between $60 and $70 per barrel. As recently as the start of the year, it was expected that oil prices would remain at $100 per barrel and shale oil was increasingly held up as providing a new vista for American economic expansion.

Over the past five years, using ultra-cheap money provided by the Fed, banks and financial speculators poured money into companies involved in shale oil extraction, with the result that energy debt now accounts for 16 percent of the $1.3 trillion US junk bond market, compared to 4 percent a decade ago.

Unlike more traditional methods of oil production, where physical capital has a relatively long life, shale oil extraction requires the continuous acquisition of new capital equipment. This means the industry is highly dependent on the flow of funds from financial markets. If this begins to dry up, companies could go bankrupt, with major flow-on consequences for the financial system as a whole.

As the case of Russia so clearly demonstrates, the underlying recessionary tendencies have been exacerbated by the increase in geo-political tensions.

Now a negative feedback process could be set in motion as the deepening global slump heightens conflicts among the major powers. Korea and other countries in the Southeast Asian region, together with China, have already been adversely affected by Abenomics, which has led to a fall in the value of the yen, hitting their export markets.

This year has also seen the emergence of tensions between the US and Germany, with the political and foreign policy establishment emphasising the need for Germany to play a greater and more independent role on the global stage in the pursuit of its own interests. With the euro zone economy on the verge of another recession, not least because of a significant weakening of the Germany economy, and the prospect of further financial turbulence, those tensions are certain to deepen.

The oil price slide is another expression of the underlying driving forces of the world capitalist system—towards economic contraction, the rise of inter-imperialist conflicts and, ultimately, war.

Filed Under: Uncategorized Tagged With: Economy, Oil Price, OPEC

French MPs recognize Palestine as a state in non-binding vote

December 3, 2014 by Nasheman

A Palestinian man holds a poster as he calls for France to vote for the recognition of a Palestinian State outside a French and German language training center in the West Bank city of Ramallah on December 2, 2014. AFP / Abbas Momani

A Palestinian man holds a poster as he calls for France to vote for the recognition of a Palestinian State outside a French and German language training center in the West Bank city of Ramallah on December 2, 2014. AFP / Abbas Momani

by Al Akhbar

French lawmakers voted on Tuesday in favor of recognizing Palestine as a state, a symbolic move that will not immediately affect France’s diplomatic stance but demonstrates growing European impatience with a stalled peace process.

The motion, which echoes similar votes in Britain, Spain and Ireland, received the backing of 339 lawmakers with 151 voting against.

While most developing countries recognize Palestine as a state, many Western European countries do not due to their ties with Israel and its main ally, the US.

But European countries have grown frustrated with Israel, which since the collapse of the latest US-sponsored talks in April has pressed on with building illegal settlements in annexed East Jerusalem and the West Bank, territory that is being considered for a Palestinian state under a two-state solution.

The seven-week Israeli assault on the Gaza Strip over the summer also elicited serious criticisms regarding the Zionist state’s use of force. More than 2,160 Palestinians were killed in the conflict, at least 70 percent of them civilians.

Palestinian leaders say negotiations have failed and they have no choice but to pursue independence unilaterally.

In October, Sweden became the biggest Western European country to recognize Palestine, and parliaments in Spain, Britain and Ireland have since held votes in which they backed non-binding resolutions in favor of recognition.

In an interview in Les Echos daily on Tuesday, Swedish Prime Minister Stefan Lofven defended the move.

“What is working so well in the current plan?” Lofven asked. “It’s time to do something different. We wanted to make the balance less uneven between the two parties.”

Israel has strongly opposed all such moves and Prime Minister Benjamin Netanyahu called the French vote a “grave mistake.”

The motion, proposed by the ruling Socialists and backed by left-wing parties and some conservatives, asked the government to “use the recognition of a Palestinian state with the aim of resolving the conflict definitively.”

Speaking to parliament ahead of the vote, Foreign Minister Laurent Fabius said the government would not be bound by the vote. However, he said the status quo was unacceptable and France would recognize an independent Palestine without a negotiated settlement if a final diplomatic push failed.

He backed a two-year timeframe to relaunch and conclude negotiations. Paris is working with Britain and Germany on a text that could be accelerated if a separate resolution drafted by Palestinians is put forward.

“If this final effort to reach a negotiated solution fails, then France will have to do what it takes by recognizing without delay the Palestinian state,” Fabius said.

The vote in Paris has raised domestic political pressure on the French government to be more active on the issue. A recent poll showed more than 60 percent of French people supported a Palestinian state.

France has the largest Jewish and Muslim populations in Europe and flare-ups in the Middle East aggravate tensions between the two communities.

Right-wing lawmakers have criticised the Socialist majority for backing Palestine recognition to win back support from Muslim voters after President Francois Hollande’s apparent support for Israel’s intervention in Gaza.

The roots of the Israel-Palestine conflict date back to 1917, when the British government, in the now-famous “Balfour Declaration,” called for “the establishment in Palestine of a national home for the Jewish people.”

Israel occupied East Jerusalem and the West Bank during the 1967 Middle East War. It later annexed the holy city in 1980, claiming it as the capital of the self-proclaimed Zionist state – a move never recognized by the international community.

In November 1988, Palestinian leaders led by Yasser Arafat declared the existence of a state of Palestine inside the 1967 borders and the state’s belief “in the settlement of international and regional disputes by peaceful means in accordance with the charter and resolutions of the United Nations.”

Heralded as a “historic compromise,” the move implied that Palestinians would agree to accept only 22 percent of historic Palestine, in exchange for peace with Israel. It is now believed that only 17 percent of historic Palestine is under Palestinian control following the continued expansion of illegal Israeli settlements.

The Palestinian Authority (PA) this year set November 2016 as the deadline for ending the Israeli withdrawal from the territories occupied by Israel during the Six-Day War in 1967 and establishing a two-state solution.

According to PA estimations, 134 countries have so far recognized the State of Palestine, although the number is disputed and several recognitions by what are now European Union member states date back to the Soviet era.

It is worth noting that numerous pro-Palestine activists support a one-state solution in which Israelis and Palestinians would be treated equally, arguing that the creation of a Palestinian state beside Israel would not be sustainable. They also believe that the two-state solution, which is the only option considered by international actors, won’t solve existing discrimination, nor erase economic and military tensions.

(Reuters, Al-Akhbar)

Filed Under: Uncategorized Tagged With: EU, France, Israel, Palestine, Palestinian State, Sweden

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