Terror Funding Template (TFT) ..... idea is to reach at source of the terror funding

NIA prepares template to glean information on terror funding

Vishwa Mohan |TNN | Dec 21, 2011, 01.51AM IST

NEW DELHI: National Investigation Agency (NIA) - an elite Central agency that was set up after 26\11 to probe terror-related cases - has prepared a 'Terror Funding Template' (TFT), which will help its officials and investigators of states' anti-terror agencies to extract information on terror funding.

This Template, describing core sources and methods for terror funding, has been circulated to all states and Union Territories for getting relevant information from terrorists and terror suspects during their interrogation and probe.

"The Terror Funding Template is prepared by the NIA in consultation with Central intelligence agency. This template is quite comprehensive that can be helpful in leading investigators to the source of funding for terrorist activities," said a home ministry official.

He said that the TFT can be used as vital 'interrogation and probe tools' to not only extract information from terrorists, but also keep eye on various other activities that directly or indirectly contribute to funding terrorist organizations in India and elsewhere.

Besides usual source of terror funding through hawala, narcotics trade and printing\circulation of fake Indian currency notes, the Template has taken into account `misuse' of 'zakat' - giving alms to poor and needy as prescribed by the Quran - to fund terror activities.

"Though it is primarily based on the tools used by Western anti-terror probe agencies, the Indian Template has factored in local issues like reports suggesting\alleging diversion of fund from various 'madarsas' along border areas to different terror outfits," said an official.

The NIA has recently registered two cases of terror funding, from which the agency got a lot of information about the method and source of such 'funds'.

The first case was registered on October 25 on the basis of information that the Jammu and Kashmir-based terror outfit, Hizb-ul-Mujahideen (HM), is being regularly and systematically funded from across the border for the purpose of terrorist activities in India.

The second similar case was registered on November 14 that relates to terror funding for both HM and Pakistan-based terror outfit Lashkar-e-Taiba (LeT)................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JSC8yMDExLzEyLzIxI0FyMDE0MDE=&Mode=Gif&Locale=english-skin-custom

Bharat Ratna ..... appreciates this 'change' ... it may be reflected in the year 2012 award list

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Sachin Tendulkar, Dhyan Chand can now be given Bharat Ratna

Vishwa Mohan |TNN | Dec 16, 2011, 04.53AM IST

NEW DELHI: In a significant move clearing decks for Master Blaster Sachin Tendulkar, legendary hockey player Dhyan Chand and others to get Bharat Ratna, the government has made a necessary change in eligibility criteria for a person getting the India's highest civilian honour.

The Bharat Ratna will now be awarded in recognition of exceptional service/performance of the highest order "in any field of human endeavour" - covering almost all the fields that had earlier remained out of the purview of this civilian award.

Earlier, it was restricted to areas like "Art, Literature, Science and Public Service", making it difficult for government to consider names of those, who contributed immensely to other fields, including sports.

"The change is made through notification by the Prime Minister's Office (PMO) on recommendation of the home and sports ministries," said a senior official.

Supporting sports ministry's demand to include 'sports' as a category for the award of Bharat Ratna, the home ministry had written to the PMO in July, asking it to take the call as the decision would help outstanding sportspersons to be considered for the highest civilian award.

As the clamour for awarding Bharat Ratna to Tendulkar and Dhyan Chand gets louder, sports minister Ajay Maken had earlier written to home minister P Chidambaram seeking inclusion of 'sports' as a category for the award of Bharat Ratna. Maken, however, did not plead for any specific sportsperson or sports.

Before the change which is made now, the Bharat Ratna was considered only for those, who excelled for "exceptional service towards advancement of Art, Literature and Science, and in recognition of public service of the highest order". The recommendations for the Bharat Ratna - that was instituted in 1954 - are made by Prime Minister himself to President.

Though names of persons as per the eligibility criteria can be recommended by different state\Union Territories governments, organizations and individuals to PMO for consideration, no "formal recommendation" for this is necessary. It is also not mandatory that Bharat Ratna is awarded every year. The number of awards is, however, restricted to a maximum of three in a year.

So far, 41 people have been conferred with Bharat Ratna. The first three Indians, who received the prestigious award, were Chandrasekhara Venkata Raman, Chakravarti Rajagopalachari and Sarvapali Radhakrishnan in 1954. There is no written provision that Bharat Ratna should be awarded to Indian citizens only.

The award has been conferred to a naturalized Indian citizen Mother Teresa (1980) and to two non-Indians - Khan Abdul Ghaffar Khan and Nelson Mandela (1990). Pandit Bhimsen Joshi was the last recipient of the award in 2009.

Jawaharlal Nehru, Rajendra Prasad, Lata Mangeshkar, Ustad Bismillah Khan, Amartya Sen, Jayprakash Narayan, Pandit Ravi Shankar, M S Subbulakshmi, J R D Tata, A P J Abdul Kalam, Rajiv Gandhi, Sardar Vallabhbhai Patel, Morarji Desai and Bhimrao Ambedkar are among the other recipients of Bharat Ratna.........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzEyLzE2I0FyMDE3MDA=&Mode=Gif&Locale=english-skin-custom

Left cries 'deal' over this bonhomie ..... Will more such 'deal' get the country important legislations?

With BJP's help, govt passes LIC Bill in RS

Vishwa Mohan |TNN | Dec 15, 2011, 02.33AM IST

NEW DELHI: With main Opposition BJP turning out to be a 'saviour' for ruling UPA, Parliament on Wednesday approved a Bill for increasing paid-up capital to Rs 100 crore of the state-owned Life Insurance Corporation of India after the government faced some tense moments in the Rajya Sabha, where Left parties backed by BSP pressed for division of votes over an 'amendment'.

Though the Upper House negated the 'amendment'- moved by the CPM members Moinul Hassan and Tapan Kumar Sen - after voting, it was possible only when BJP, the second largest party in the Rajya Sabha, abstained.

Only 28 members, including BSP MPs, voted in favour of the Left-backed 'amendment', while 58 rejected it in the House with an effective strength of 241.

BJP member Prakash Javdekar too had moved 'amendments', but he later did not press for it when MoS for finance Namo Narain Meena clarified the scope of the Bill and said that the government would continue to provide sovereign guarantee to the policies sold by LIC.

The Bill had seen Left-backed division of vote in the Lok Sabha as well on Monday. But, the Lower House too had passed it when the 'amendment' - moved by CPM's Bansagopal Chaudhury - was negated with 17 'ayes' and 107 'nos'. Left members had staged a walk-out after voting in Lok Sabha.

Unlike in the Lok Sabha, Left members in the Rajya Sabha did not walk out after the voting and remained seated for discussion on another legislation - the Architects (Amendment) Bill, 2010 - that was moved for consideration and passing by HRD minister Kapil Sibal.

The LIC (Amendment) Bill seeks to bring LIC at par with private insurance companies by increasing the paid-up capital of the state insurer from the present level of Rs 5 crore to Rs 100 crore. The new legislation provides for sharing of 90% of LIC surplus with the policyholders from the existing 95%.

Almost the entire Opposition, including BJP, Left and BSP, raised question over this provision while taking part in the discussion before passing of the Bill. Javdekar contended that reducing the surplus would impact LIC's competitiveness. The BJP member also questioned LIC's decision to invest in realty firms such as Unitech, D B Realty and Omaxe, which have caused a loss to the tune of Rs 4,000 crore to the corporation.

Responding to members' concern, Meena later said the measure was to align the LIC with 21 private players in the sector. The reserved funds would be used for business expansion and corporate responsibility of LIC, besides having solvency margin for it, he added.

On Javdekar's question over LIC's investment, the minister said, "Some investments are under investigation".

Times View

The passage of this bill is a welcome departure from the logjam in Parliament. We only hope that such instances of bipartisanship were more common and cussedness by ruling or opposition parties in our legislatures more rare. There is a lot our legislators, whether in Parliament or in the states, could learn in this respect from the traditions of legislative bodies in the US. While bitter rivalry between parties is as much a reality of US politics as in India or indeed any healthy democracy, what the American experience shows is that this not need automatically translate into the politics of obstruction. When important legislation is blocked, after all, the country loses much more than any party does.........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMS8xMi8xNSNBcjAwOTAw&Mode=Gif&Locale=english-skin-custom

Maoists ..... looking for different 'theatre' of activities

Maoists eyeing commercial hubs in Western India to spread Red terror

Vishwa Mohan |TNN | Dec 14, 2011, 04.00AM IST

NEW DELHI: After facing some reverses in their strongholds, the CPI (Maoist) has formed a 'Golden Corridor Committee' to build its base in hitherto untouched industrial areas of Gujarat and Maharashtra, stretching from Pune to Ahmedabad, including commercial hubs like Mumbai, Nashik, Surat and Vadodara.

Besides, the Red Ultras have planned to expand their movement to Nagpur, Wardha, Bhandara and Yavatmal districts of Maharashtra in addition to their existing bases in Gadchiroli, Gondia and Chandrapur in the state.

Maoists' game-plan to foray into these unexplored areas was disclosed by the Union home ministry in response to a question in Parliament on Tuesday. The ministry informed the Lok Sabha that Maharashtra alone had witnessed 221 deaths in naxal incidents from 2008 till November, 2011. The state has reported more deaths (51) this year as compared to 2010 when it had witnessed 45 killings in Red violence.

Security agencies had first got to know about the Maoists' plan to set up another theatre of their activities through the 'Golden Corridor Committee' after arresting a number of Ultras in Maharashtra in the past six months, including the first batch of 10 Maoists - all belong to West Bengal - in Pune in May. All the Ultras were working as casual labourers in different industrial units.

"Their questioning and subsequent arrests of many more Maoists gave us lot of details about the Ultras' plan to set up their bases in the industrial areas of Gujarat and Maharashtra," said an official.

Though the CPI (Maoist) had planned to set up the 'Golden Corridor Committee' in February, 2008, it took shape recently when Urban Unit of the Red Ultras started recruiting cadres in different cities of both the states - primarily from among those who are working in various industrial units.

Western India has become one of the eight strategic areas for Maoist activities. Establishing organizational bases in north-eastern India is yet another 'new' strategic area, where they have forged relations with insurgent groups to meet their military requirements.

In response to another question in the Lok Sabha, the ministry said that the CPI (Maoist) had developed "close fraternal ties with north-eastern insurgent groups like the Revolutionary People's Front (RPF) and People's Liberation Army (PLA) of Manipur. Both the outfits have agreed upon mutual cooperation in the areas of training, funding and supply of arms and ammunitions".

Referring to Maoists' north-east agenda, the ministry said: "The Upper Assam Leading Committee (UALC) of the CPI (Maoist) is presently operating in Assam and Arunachal Pradesh and has been involved in incidents of looting of weapons and extortion from local villagers".

Stating that the UALC has also engaged in recruitment and training of cadres for the outfit in Assam and these cadres have been utilized in extensive propaganda against mega dam in Assam, the ministry said: "In this backdrop, Assam-Arunachal border has emerged as another theatre of Maoist activity. The outfit is also establishing separate channels in the north-east, particularly in Nagaland, for procurement of ammunition."..........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzEyLzE0I0FyMDE2MDA=&Mode=Gif&Locale=english-skin-custom

Lokpal Panel .... It prefers to ignore institution's autonomy ... excessive political interference undermines CBI's credibility

House panel ignores SC rulings on CBI lapses

Vishwa Mohan |TNN | Dec 11, 2011, 03.09AM IST

NEW DELHI: Parliament's standing committee, examining the Lokpal bill, has ignored several observations made by the Supreme Court against the functioning of the CBI. Two key apex court judgments were highlighted by noted lawyer and Rajya Sabha MP Ram Jethmalani in his dissent note to the panel, while arguing for the investigating agency to be given autonomy.

Jethmalani made a strong case for CBI being rescued from the "infamy" of kowtowing to political directives by pointing out instances - ranging from the Bofors case to the targeting of an honest official at the behest of powerful Goa politicians - to underline how the agency is at the mercy of its political bosses.

The first SC judgment, referred to by the Rajya Sabha MP, had come in 1996 in the case of killing of Goa PWD minister Churchill Alemao's elder brother Alvarnaz, who was allegedly involved in major smuggling racket. Alvarnaz was killed in a scuffle with Custom officer Costao Fernandez when he was trying to flee. Fernandez had also sustained severe injuries while discharging his duty.

Though the Custom department held the Alemao's brother guilty of smuggling huge amount of contraband in Goa, the CBI had, instead, during its probe charged Fernandez under Section 302 (murder), while taking lenient view of the offence of the politically connected brothers. The charge was, however, quashed by the SC in 1996. The apex court had noted that how the CBI defaulted in its probe because the deceased (the smuggler) was "no ordinary mortal" (brother of erstwhile Goa CM).

The second apex court judgment, highlighted by Jethmalani, had come in the Mukta Panna oil-field case. The SC in 2000 had passed severe strictures on the CBI for omission of an important file that contained recommendations of an officer of the agency for registering an FIR against a big firm and conducting raids at its premises.

Pitching for CBI's independence, the Rajya Sabha MP has referred to these two judgments in his dissent note and said: "My experience convinces me that the CBI has got to be rescued from this infamy and the nation saved from the grave consequences of its misdeeds. The present system of supervision has become hopelessly inadequate and much more effective one has to be imposed upon it".

Referring to the Bofors case, Jethmalani pointed out that the Malaysian Court had refused India's request for extradition of Quattrocchi because "the CBI did not carry out the simple request of the Judge to supply him with a summary of implicating evidence" against the Italian businessman. This episode had, however, happened when NDA was in power at the Centre.

He wished that the appointment of the CBI director and officers of equivalent status should be totally insulated from government's interference or influence. His argument clearly drew home a point that had the agency chief been independent from government's control, such a biased action would not have happened in the first place like the cases he referred to.

He said that CBI continued to be used by the government of the day for their own ``political purposes''. In his dissent note, Jethmalani said, ``The report proposes that the CBI be the main anti-corruption agency and that it be left to the administrative control of the Lokpal in the same manner in which the CVC currently has that supervisory jurisdiction. This would be totally unsatisfactory and would leave the CBI under the control of the government through its power of postings, transfer, promotions and disciplinary control. Using these powers the governments of the day have been misusing the CBI for their own political purposes despite the supervisory jurisdiction of the CVC.''.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMS8xMi8xMSNBcjAxMTAw&Mode=Gif&Locale=english-skin-custom

Poor CBI ....Govt. doesn't seem to lose its control over such an important tool

Lokpal draft: Selection of CBI chief a sticking point

Himanshi Dhawan & Vishwa Mohan | TNN | Dec. 10, 2011

New Delhi:The standing committee on Lokpal appears to have skipped the crucial issue of reducing government’s say in appointing the CBI chief, something which has been exploited by regimes of the day to put a loyalist at the top of the country’s premier investigating agency who can act as per the wishes of political masters.

Several strong representations were made to Parliament’s standing committee on how to make the appointment of CBI director a nonpartisan exercise, but the final report has fought shy of addressing the flaw in the country’s anti-corruption regime. Not surprisingly, the 286-page report tabled in both Houses of Parliament on Friday is marked by strong reservations from BJP, BJD, SP, Ram Vilas Paswan’s Lok Janshakti Party and Rajya Sabha member Ram Jethmalani.

Building upon the notes of dissent by seven of its members who were on the standing committee, BJP leader Arun Jaitley on Friday attacked the report for not seeking to loosen government’s control over who gets to head CBI. “The appointment of CBI director should be made by a statutory collegium which should include the prime minister and the leader of opposition in Lok Sabha,” Jaitley said.

The Lokpal bill is silent on changing the current scheme where the appointment of CBI chief is the privilege of the ruling dispensation; something which is seen as a power perk and has been used to reward pliant officials who have reciprocated by toeing the government line in sensitive cases.

CBI has trimmed its investigations to suit the regimes in a whole range of cases stretching from Bofors and fodder scam to disproportionate assets case against UP heavyweights Mulayam Singh Yadav and Mayawati.

The practice, which has stripped CBI of the credibility and respect that it once enjoyed and ought to have in order to function effectively, has disappointed even agency officials who feel let down. Sources in the agency were of the view that selection of its head by a process which is objective, transparent and professional will be the best way to restore functional autonomy to government’s chief anti-corruption arm.

Deposing before the standing committee, the current CBI chief said the collegium may include the PM, the leader of opposition and the head of constitutional bodies, including but not necessarily Lokpal. With the Abhishek Singhvi-led panel steering clear of the issue, one of its prominent members Ram Jethmalani has submitted a scathing note of dissent.

“The report proposes that the CBI be the main anti-corruption agency and that it be left to the administrative control of the Lokpal in the same manner in which the CVC currently has that supervisory jurisdiction. This would be totally unsatisfactory and would leave the CBI under the control of the government through its power of postings, transfer, promotions and disciplinary control. Using these powers, the governments of the day have been misusing CBI for their own political purposes despite the supervisory jurisdiction of the CVC,” the eminent lawyer said.

He further said, “I am not exaggerating but I believe that I have tremendous experience of the criminal side of justice system and the way CBI has become a shameless instrument of the evil political design of the ruling government. My experience convinces me that CBI has got to be rescued from this infamy and the nation saved from the grave consequence of its misdeeds. The present system of supervision has become hopelessly inadequate and a much more effective one has to be imposed upon it.’’

The view was supported by BJP members on the panel. In their notes of dissent, they stressed that CBI as an institution had been “seriously compromised’’ because it was under the influence of the government.

Endorsing the view of the CBI chief, they argued that the agency could only be made independent if the appointment of its chief was done not through the government but a collegium including PM, leader of opposition and chairperson of the Lokpal. The party also suggested that the department of personnel should only be an administrative interface of the central government........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzEyLzEwI0FyMDE3MDI=&Mode=Gif&Locale=english-skin-custom

Poor CBI ...... the agency can't even express 'openly' over this high-handedness

CBI disappointed by Lokpal panel's proposals

Vishwa Mohan |TNN | Dec 9, 2011, 02.47AM IST

NEW DELHI: Proposals of Parliament's standing committee examining the Lokpal bill do not diminish the scope for political interference in the CBI's functioning as the agency head's appointment remains under government control while the ombudsman's role in vetting corruption cases may actually reduce CBI's functional autonomy.

The recommendation of the standing committee to seek the approval of the Lokpal for chargesheets and closure or final reports severely undercuts CBI's autonomy, sources said, explaining that the "worldwide" best practice was for agencies not being liable to be monitored by any entity during their investigations.

The proposal that barring entrapment cases, all cases will be scrutinized by the Lokpal by holding a preliminary inquiry is contested by agency officers who point out that compulsory PEs will give the game away as far as persons under investigation are concerned.

The agency does not always file a PE as it looks to maintain secrecy while gathering information and such a procedure is usually adopted when the agency is itself not totally sure that a case can be made out. More importantly, the agency argues that its powers of investigation and professional judgment must not be subject to any outside scrutiny.

On the appointment process of the CBI chief which is currently in the government's hands, the agency's view is that while setting up the Lokpal, CBI's legal authority and operational effectiveness must be protected and not diluted. "One step can be a selection committee comprising prime minister, leader of opposition and any other constitutional authority," sources said.

The selection committee may choose the CBI director from a panel of serving officers on the basis of "seniority, integrity and experience in investigation and anti-corruption work". The agency clearly feels that this process, prescribed by the Supreme Court in the Vineet Narain case, can be incorporated in the bill under consideration.

Reform of the selection process was part of the presentation CBI made to the standing committee on personnel, law and justice. "If such a selection committee appoints CBI director with consensus, it gives a great deal of autonomy to the agency which has an unfortunate record of changing its stance as per wishes of political masters of the day," a senior official said.

Although existing rules give a fixed tenure of two years to the CBI director, officials believe a slightly longer time in office will act as "a strong safeguard against interference and foster more accountability".

CBI officials said they were craving greater autonomy given instances like the disproportionate assets cases of Samajwadi Party leader Mulayam Singh Yadav, Taj Corridor and DA cases of BSP chief Mayawati, role of government in de-freezing the bank account of Italian businessman and Bofors case accused Ottavio Quattrocchi and the DA case of RJD leader Lalu Prasad.

More routinely, the CBI has found that its prosecutors, who are law ministry appointees, are open to "political directions" and turn down the agency's case for filing cases or appealing adverse verdicts. CBI faces a further hurdle in seeking sanction for prosecution from administrative ministries in cases dealing with joint secretary and above officers.

The standing committee has taken the view that it does not agree with the suggestion that the central government has absolute discretion in appointing the CBI director.

Former CBI director Joginder Singh said the recommendations are like "putting dust in the eyes of people" as the agency cannot fight corruption unless government brings other legislations like effective witness protection law and allows the agency to recruit more personnel.

Retaining the existing status of the agency, the standing committee recommends overall supervisory jurisdiction of the Lokpal over the CBI. It recommends that the complaint should be allowed to be made either by any complainant or initiated suo motu by the Lokpal without disturbing the CBI's existing powers over investigation.

"Since, presently, the CBI also has full powers of suo motu initiation of investigation, a power which is frequently exercised, it is felt that the same power of suo motu proceedings should also be preserved for both the CBI and the Lokpal, subject, however, to overall supervisory jurisdiction of the Lokpal over the CBI, including simultaneous intimation and continued disclosure of progress of any inquiry or investigation by the CBI to the Lokpal," it said...................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTEvMTIvMDkjQXIwMTcwMA==&Mode=Gif&Locale=english-skin-custom