Wednesday, April 27, 2011

2G Spectrum: The scam may see first conviction in six-seven months

CBI may seek more time from SC to wind up probe
Apr 27, 2011, 03.02am IST TNN[ Vishwa Mohan & Neeraj Chauhan ]

NEW DELHI: The CBI may not be able to complete its investigation into the 2G spectrum scam case by May 31 as stipulated by the Supreme Court. The agency will soon approach the apex court seeking extension for filing its third chargesheet.

Top sources in the agency said a joint team of CBI and Enforcement Directorate (ED) would visit Mauritius to follow the 2G scam money trail by second week of May, leaving the probe team with little time to corroborate the details with other evidence back home once it returns.

"Considering the time constraint and volume of work, the agency will approach the Supreme Court – which has been monitoring the probe – soon, requesting it to allow the CBI some more time for filing its next chargesheet," said an official without specifying any time-frame.

The CBI, which is expecting the trial in the case to be over in six-seven months, will explain to the court about procedural delay, specifically when the probe is extended to other countries.

"We will have to convince the apex court with sound reasons. In any case, we will not seek a major extension of the deadline considering the fact that more supplementary chargesheets can be filed in due course as and when we get more details/evidence," said the official.

India had sent a letter rogatory (LR) to Mauritius in connection with the CBI's investigation into 12 private companies that allegedly benefited from the spectrum scam. The team, which is to visit Mauritius next month, will collect details of ownership pattern, investments and banking transaction of those companies.

Another team will visit Cyprus. The schedule for this is, however, yet to be finalized. A private company, accused of being involved in the 2G scam, had allegedly registered several subsidiaries in Cyprus, the country considered to be a tax haven.

The CBI has, so far, filed two chargesheets in the case with the first being filed on April 2. The second one was filed on Monday in which the agency named Tamil Nadu CM M Karunanidhi's daughter Kanimozhi as a co-conspirator.

Kanimozhi, a Rajya Sabha MP, has been summoned to appear before a trial court on May 6. Sources in the CBI said whether she would be arrested or not depended on the court when she appears before it next month.

Tuesday, April 26, 2011

More trouble in sight for the sports czar...the follow-up will see lot of action in sports' bodies

Sack Kalmadi as boss, sports ministry tells IOA
Apr 26, 2011, 02.33am IST TNN[ Vishwa Mohan & Mahendra Kumar Singh ]

NEW DELHI: The government moved swiftly to distance itself from arrested Commonwealth Games chief organizer Suresh Kalmadi by writing to the Indian Olympic Association seeking the Pune MP's removal as the sporting body's president.

The sports ministry's letter to IOA is intended to convey that the government is keen to initiate a clean up of sporting federations while cauterizing Kalmadi's tainted legacy. The fallen sporting czar's arrest could provide the ministry the leverage to break the resistance of sports federations, many headed by politicians.

Kalmadi has ruled the roast in IOA with the help of an entrenched patronage system that encourages secretive and feudal functioning. Attempts to fix time-barred tenures has been challenged in courts and the Congress MP got a pliant International Olympic Committee to back his stand.

United by a desire to preserve their pastures, federation heads argued that time-barred tenures interfered with their autonomy despite most of them receiving substantial government grants. The autonomy argument is seen as nothing but a measure to keep current incumbents in power.

The sports ministry is also seeking legal advice from Attorney General Goolam Vahanavati so that it can act on its own in case IOA fails to do so given Kalmadi's clout in the multi-member body that represents India in the International Olympic Committee (IOC).

With the Congress also suspending the MP, the sports ministry is trying to ensure it has all legal ends tied up in its bid to get Kalmadi out of the IOA.

Sports and youth affairs minister Ajay Maken said: "We will be writing to the Attorney General seeking legal advice. The government can also take action on its own if the IOA fails to take any action against him. If required, we will take action on our own."

In its letter to the secretary general of IOA Randhir Singh – a Kalmadi crony -- the sports ministry said: "In keeping with and maintaining the fair image of sports in India, the government would like the IOA to consider appointing an alternate president in place of the incumbent (Kalmadi) for managing the affairs of the IOA."

If IOA heeds to the ministry's request, the move will automatically see elevation of the Association's senior vice president and BJP leader Vijay Kumar Malhotra as president till the body elects somebody else among its members.

Kalmadi was arrested by CBI for alleged irregularities in awarding contract for Timing-Scoring-Result (TSR) System for the Commonwealth Games to a Swiss company. His close aides -- former OC secretary general Lalit Bhanot and former director-general V K Verma -- were arrested in February.

Action against more persons is expected soon as the sports ministry had last week asked the CBI and Enforcement Directorate (ED) to probe the allegations relating to the CWG Organizing Committee, as pointed out by the Shunglu Committee in its report. The cabinet secretariat had on April 18 referred the Committee's report, pertaining to the OC, to the ministry for appropriate action.

Maken said: "We referred the matter to the CBI to take action against those found guilty by the Shunglu committee. Hopefully, CBI will take action against all those people."

Besides referring the Shunglu committee report to the sports ministry, the cabinet secretariat had also passed on concerned reports to the home and urban development ministries. Both these ministries have been examining the reports which dealt with allegations in carrying out many CWG related infrastructure projects in Delhi.

Tuesday, April 19, 2011

Puducherry LG Iqbal Singh appears to be safe now...may be shown the door if ED digs up more

Pondy LG to be questioned at Raj Niwas for Hasan link
Apr 19, 2011, 02.26am IST TNN/ Vishwa Mohan

NEW DELHI: Puducherry lieutenant governor Iqbal Singh, who is under scanner for his alleged links with the controversial Pune stud farm owner Hasan Ali Khan, will be questioned by Enforcement Directorate (ED) at Raj Niwas in the Union Territory sometime this week.

Instead of calling him for questioning, the ED officials will rather visit Raj Niwas and record his statement. The entire proceeding will be video-graphed in what would be an one-off such episode when a Central probe agency will visit a sitting LG and record statement in connection with some investigation.

Ruling out the possibility of Singh’s resignation\removal at this juncture, top government sources said such a question would arise only if ED finds something more than what Singh himself clarified in a written explanation of his act to Union home minister P Chidambaram last week.

Singh, who met Chidambaram again on Monday, had admitted recommending expeditious issuance of passport to alleged tax evader Khan, but claimed he did not know him. He, in his letter to the home minister last week, had said he did not verify the application of Khan for issuance of passport which contains a specific clause that the officer/MP verifying knows the person personally. “As I did not know him, hence I did not verify the application,” he had said.

As part of procedure, the home ministry, meanwhile, sought Prime Minister's Office’s (PMO) nod to ED's plea to record a statement of Singh.

Sources said the clearance of PMO was expected soon as the LG himself declared his intention to face the ED sleuths to make a statement on the controversial issue. Singh, who met Chidambaram second time in the last four days, is learnt to have told the home minister as well about his willingness to be quizzed by the probe agency, they added.

Immediately after Singh met him on Monday, Chidambaram said, “The LG is willing to make a statement to the Enforcement Directorate. The home secretary is working out modalities”.

ED sought permission to record Singh’s statement after his name cropped up during questioning of a Bihar Congress leader Amlendu Pandey.

In his letter to Chidambaram, Singh clarified that Pandey had approached him on April 4, 1997, for issuance of passport from Patna for someone (Hasan Ali Khan) on compassionate grounds. Pandey told him that the brother of the person seeking passport was seriously ill abroad and the presence of the applicant for looking after him was extremely essential.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMS8wNC8xOSNBcjAxMDAx&Mode=Gif&Locale=english-skin-custom

Saturday, April 16, 2011

26\11: India may join the lawsuit filed in US by relatives of Mumbai terror victims...debate is on to judge its effectiveness in nailing Pakistan's lie

Vishwa Mohan \TNN April 15, 2011

NEW DELHI: Intending to nail Pakistan's lie over the role of ISI in the Mumbai terror attack, India is mulling the option of becoming 'party' to the lawsuit filed in a US court last year by relatives of two Americans -- who died in the 26/11 carnage – against top officials of the Pakistani intelligence agency and Lashkar-e-Taiba (LeT) terrorists.

A top government official said: "India may become party to the lawsuit and provide evidence to the New York court. The matter can be taken up at the government-to-government level as well in support of the lawsuit under existing Mutual Legal Assistance Treaty (MLAT) between India and US."

The lawsuit, filed in November last year by relatives of Rabbi Gavriel Noah Holtzberg and his wife Rivka who were killed by Lashkar terrorists at Chabad House in Mumbai in November 2008, has accused the ISI of aiding and abetting LeT in killing 166 people, including six American citizens.

It said: "The ISI has long nurtured and used international terrorist groups, including the LeT, to accomplish its goals and has provided material support to the LeT and other international terrorist groups." The lawsuit referred to the disclosure made by American-Pakistani Lashkar terrorist David Coleman Headley and blamed top ISI officials for providing "critical planning, material support, control and coordination of the attacks (2611)".

The New York court had subsequently issued summons to senior ISI officials including its chief, Major General Ahmed Shuja Pasha, and LeT leaders Hafiz Saeed and Zakiur Rahman Lakhvi. Though the lawsuit is now stuck in procedures after the Pakistan government decided to defend its spy agency and got 'waiver' for Pasha's visit to the US, India appears to be keen on following the matter in whatever way it can to expose the ISI.

Officials here do not rule out the possibility of some back-channel efforts to help the petitioners which may also become a starting point for people of other countries whose citizens were killed by the Lashkar terrorists.

Besides Indians, 28 foreign nationals including citizens of France, UK, Germany, USA, Singapore, Israel, Canada, Australia and Japan were gunned down by the terrorists during the three-day carnage in Mumbai.
An official said: "The latest disclosure made by Headley's accomplice Tahawwur Hussain Rana that he acted at the behest of the Pakistan government and ISI has strengthened India's position."

Although Rana may not get relief from the US court for himself on this ground, his account, officials here believe, will certainly open a debate when the trial against him begins in the Chicago court on May 16.....http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzA0LzE1I0FyMDAxMDU=&Mode=Gif&Locale=english-skin-custom

Sunday, April 3, 2011

Unsure of NIA legal footing, govt advises it to clear Joshi probe with court

Vishwa Mohan, TNN, April 3
NEW DELHI: The Centre's decision to tell the NIA to move court before taking over RSS activist Sunil Joshi's murder case reflects what home minister P Chidambaram had said about the constitutionality of the central anti-terror probe agency.
Chidambaram had, according to WikiLeaks, reportedly told US Federal Bureau of Investigation director Robert Mueller in 2009 that the NIA didn't have enough legal protection as its powers could be challenged in court for violating constitutional provisions on Centre-state relations.
It now appears that the home ministry does not want to take any chances as any hasty decision at this stage may put it in a tricky situation. The ministry has, therefore, adopted a 'cautious' approach before suo motu ordering the NIA to take over the probe from the Madhya Pradesh Police.
Joshi, perpetrator of the Samjhauta Express and other blasts during 2006-07, was allegedly shot dead in Dewas, MP, in December 2007 by fellow Hindu radicals who feared that if arrested he may spill the beans about others' involvement in a number of terror incidents............... http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzA0LzAzI0FyMDIyMDA=&Mode=Gif&Locale=english-skin-custom

Post-talks (Indo-Pak) apprehensions...Will nice words overcome judicial roadblocks?

Pak court may bar 26/11 voice sample sharing

Vishwa Mohan, TNN, Mar 31, 2011, 03.50am IST
NEW DELHI: Will nice words and promises made during the home secretary-level talks overcome Pakistani judicial roadblocks?
The question is uppermost on the minds of Indian investigators in the context of Pakistan's promise to provide 'voice samples' of the seven jailed accused of the 26/11 Mumbai terror attack if its court allows it to do so.
The matter had come up for discussion during the talks and the Indian side was told that Pakistani authorities have already approached a higher court after a lower court had rejected the demand of handing over 'voice samples' to India.
Although the Pakistani side expressed hope that a "positive outcome" was expected, it left India with no option but to trust its counterpart at this stage and wait for the outcome through an unpredictable judiciary.
A lower court in Pakistan had rejected the plea last year when three of the seven accused -- Zaki-ur-Rehman Lakhvi, Zarar Shah and Abu Al Qama -- refused to provide their voice samples invoking their rights under self-incrimination clause (not giving evidence against themselves) of the law.
Indian investigators now wonder whether the same clause would not be a bottleneck before the higher court if it is not argued well by the prosecution backed by evidence against the accused. "Ifs and buts were reasons not to mention this uncertain thing in the joint statement issued after the talks," said an official who was part of the Indian delegation.
Judicial roadblocks in Pakistan have already seen one of the masterminds of the Mumbai attacks out of jail.
Besides the voice sample issue, there are also apprehensions over sharing "real time" information by Pakistan on terror threats through the 'hotline'.
Though the decision to set up a hotline means Islamabad acknowledges that terror is an issue between the two countries, officials here say only 'time' will tell whether Pakistan walks the talk or not.............http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzAzLzMxI0FyMDE3MDA=&Mode=Gif&Locale=english-skin-custom

Saturday, April 2, 2011

Indo-Pak home secretary-level talks March 28-29, 2011

Talks conclude:

Vishwa Mohan\TNN
NEW DELHI: India and Pakistan on Tuesday put aside their differences over the 26/11 probe and decided to allow each other's commissions to visit their countries in connection with investigations and set up a 'hotline' between the countries to share "real time" information on terror threats.

These and other decisions, including setting a timeframe to release each other's fishermen/prisoners and working to liberalise the visa regime came during the concluding day of the home secretary-level talks here on Tuesday.
The grounds for these measures were laid during the past month after it was decided in Thimphu that both countries would resume structured bilateral talks which remained suspended for over two years post-26/11. On Tuesday, both sides moved a step ahead when they decided to have home/interior secretary-level talks twice a year "to remain engaged on outstanding issues" unlike once every year till 2008.
"The meeting was extremely positive. It has moved forward in reducing trust deficit (between the two countries) significantly," home secretary Gopal K Pillai said after the meeting. The Pakistani delegation was led by interior secretary Chaudhary Qamar Zaman.
The Indian side could sense the seriousness of Pakistan, which had been dragging its feet on allowing Indian investigators on its soil to probe the source of Mumbai attacks, when it conveyed "its readiness, in principle, based upon the principle of comity and reciprocity, to entertain a commission from India" with respect to the 26/11 probe.
A joint statement at the end of the meeting said, "Modalities and composition (of Indian commission) in this connection will be worked out through diplomatic channels."
India — which had "in principle" decided to allow a Pakistani commission to visit the country — formalised its decision. The statement said India would convey the dates of the visit within 4-6 weeks. Officials said the Pakistani panel may visit India by May 15.
Officials later said the Indian commission, which may include NIA investigators, will examine the "evidence" collected by Pakistani agencies and also talk to investigators and others who could be "witnesses" in the Indian case. Such people may include all those who might have been in touch with American Lashkar terrorist David Coleman Headley, his wife, ex-wife and relatives....http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzAzLzMwI0FyMDIwMDA=&Mode=Gif&Locale=english-skin-custom