2011

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Current Affairs
March 4

Praveen http://indiancurrentaffairs.wordpress.com 3/4/2011

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POLITICS AND THE NATION

Supreme Court strikes down Thomas appointment as CVC

In a major blow to the Centre, the Supreme Court on Thursday quashed the appointment of P.J. Thomas as Central Vigilance Commissioner (CVC).

A Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar set aside his appointment acting on the writ petitions filed by the Centre for Public Interest Litigation, the former Chief Election Commissioner, J.M. Lyngdoh, and others. And within hours of the judgment, Mr. Thomas stepped down from the post.

Mr. Thomas had been appointed CVC pursuant to a recommendation made by a high power committee (HPC) headed by Prime Minister Manmohan Singh. Leader of the Opposition in the Lok Sabha Sushma Swaraj, who was a HPC member, disagreed with the decision. The other member was Home Minister P. Chidambaram.

The judgment held invalid the HPC's decision and pointed out that as of date, Mr. Thomas was accused No. 8 in the Kerala palmolein case pending in the Court of the Special Judge, Thiruvananthapuram, for offences under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 and under Section 120B (conspiracy) of the Indian Penal Code.

The Bench, quoting an earlier judgment, said eligibility criteria would indicate that eligible persons should be without any blemish

whatsoever and they should not be appointed merely because they were eligible to be considered for the post.

High

power

committee

failed

to

consider

relevant

material

in

CVC

appointment: Supreme Court

The Supreme Court on Thursday faulted the high power committee (HPC), headed by Prime Minister Manmohan Singh, for its failure to consider relevant material in recommending P.J. Thomas for the post of Central Vigilance Commissioner (CVC).

A three-judge Bench headed by Chief Justice of India S.H. Kapadia said: The Attorney-General, G.E. Vahanvati, in his usual fairness, stated at the Bar that

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only the curriculum vitae of each of the empanelled candidates stood annexed to the agenda for the meeting of the HPC. The recommendation, dated September 3, 2010, of the HPC is entirely premised on the blanket clearance given by the CVC [Central Vigilance Commission] on October 6, 2008 and on the fact of Mr. Thomas having been appointed Chief Secretary of Kerala on September 18, 2007, his appointment as Secretary of Parliamentary Affairs, and his subsequent appointment as Secretary, Telecom. In the process, the HPC, for whatever reasons, failed to take into consideration the pendency of the palmolein case before the Special Judge, Thiruvananthapuram; the sanction accorded by the Government of Kerala on November 30, 1999, under Section 197 Cr.PC for prosecuting Mr. Thomas, among others, and the judgment of the Supreme Court that the registration of an FIR against the former Chief Minister, K. Karunakaran (since deceased) and others could not be held to be the result of mala fides or actuated by extraneous considerations. Therefore, even on personal integrity, the HPC has not considered the relevant material, the Bench said. Appointment to the post of CVC must satisfy not only the eligibility criteria of the candidate but also the decision-making process of the recommendation. The government is not accountable to the courts in respect of policy decisions. However, they are accountable for the legality of such decisions.

Supreme Court lays down guidelines for appointment

The Supreme Court on Thursday rejected the contention that the appointment of Central Vigilance Commissioner must be made through consensus among members of the High Power Committee.

The Bench said: Under the proviso to Section 4(1) of the CVC Act, Parliament has put its faith in the HPC consisting of the Prime Minister, the Minister for Home Affairs and the Leader of the Opposition in the House of the people. It is presumed that such HPC entrusted with wide discretion to make a choice will exercise its powers in accordance with the 2003 Act, objectively and in a fair and reasonable manner. It is well settled that mere conferment of wide discretionary powers per se will not violate the doctrine of reasonableness or equality.

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The 2003 CVC Act is enacted with the intention that such HPC will act in a bipartisan manner and shall perform its statutory duties keeping in view the larger national interest. The question however still remains as to what should be done in cases of difference of opinion amongst the members of the HPC. As in the present case, if one Member of the Committee dissents that Member should give reasons for the dissent and if the majority disagrees with the dissent, the majority shall give reasons for overruling the dissent. This will bring about fairness-in-action. The Court has held that legality of the choice or selection is open to judicial review. Hence the court is of the view that if the above methodology is followed, transparency would emerge which would also maintain the integrity of the decision-making process. Pointing out that the CVC Act had restricted the choice of candidates for the post of Central Vigilance Commissioner only to civil servants, the Bench said: No reason has been given as to why in the present case the zone of consideration stood restricted only to the civil service. In future, the zone of consideration shall not be restricted to civil servants. All the civil servants and other persons empanelled shall be outstanding civil servants or persons of impeccable integrity. The Bench made it clear that empanelment should be carried out by a person not below the rank of Secretary to the Government of India in the Ministry concerned on the basis of rational criteria, which is to be reflected by recording of reasons and/or noting akin to reasons by the empanelling authority.

Cabinet clears child protection Bill

The Union Cabinet on Thursday cleared a Bill seeking to prevent sexual abuse of children, with provisions for stringent punishment for such offences.

The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provides for establishment of special courts for trial of such offences.

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Section 7 of the Protection of Children from Sexual Offences Bill, 2011, does not provide for any punishment if the consent for sexual act has been obtained with a person between the age of 16 and 18. The Bill provides for treating sexual assault as aggravated offence when it is committed by a person in position of trust or authority over the child, including a member of the security forces, police officer, public servant, management or staff at the child's home, hospital or educational institution. It is to be treated as an aggravated offence where the victim is below 12 years or has mental or physical disability or the sexual offence causes grievous hurt or injury to the child with long term effect on its mind and body. The punishment for penetrative sexual assault has been proposed at a minimum of five years in jail and a minimum fine of Rs. 50,000. Sexual assault also includes fondling the child in an inappropriate way, and will invite a penalty of a minimum of three years in jail. There is a special provision in the Bill preventing abuse of children for pornographic purposes or possessing pornographic material involving

children. There will be an obligation on the media, studio and photographic facilities to report such cases and failure to do so will attract punishment. The Bill also envisages a set procedure for media on reporting that would bar giving personal details of the victim and the victim's family or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children. The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.

Obituary: Astrophysicist Radhakrishnan passes away

Eminent astrophysicist Venkatraman Radhakrishnan, who is known for his work on pulsars, passed away at his home in Bangalore in the early hours of Thursday. He was 82.

He will be most remembered by the scientific community for his work on pulsars [neutron stars] and the structure of interstellar medium [the matter that makes up the space between stars].

While astronomy uses optical light to understand the universe, Professor Radhakrishnan, a radio astronomer, studied galaxies through radio waves.

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Under his leadership, the institute developed a reputation in pulsar astronomy and liquid crystals. He remained Emeritus Professor of the RRI (Raman Research Institute after his retirement.) Born in Madras in 1929, he did his schooling in the city. He graduated from the Mysore University before joining the Department of Physics at the Indian Institute of Science.

MGNREGA activist who exposed many cases of corruption found dead

Niyamat Ansari, a member of the NREGA Sahayata Kendra, was found beaten to death in Jharkhand's Latehar district, 110 km from Ranchi, on Thursday. He is said to have exposed many cases of corruption by local contractors in work under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

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FROM THE STATES
Karnataka - Hema Malini wins Rajya Sabha by-election

Actor Hema Malini, fielded by the Bharatiya Janata Party for the byelection to the Rajya Sabha from Karnataka, won on Thursday by an unexpected margin of 12 votes against her rival K. Marulasiddappa (Independent), who was supported by the Congress and the Janata Dal (Secular).

She will, however, have only a one-year term, ending on April 2, 2012. She enjoyed a full six-year term between 2003 and 2009 in the Upper House.

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WORLD AFFAIRS
India opposed to no-fly zone,' use of force against Libya

In the first articulation of official thinking on Western plans to deal with the emerging situation in Libya, India has said it will oppose any move to enforce a no-fly-zone or use force to end the civil war in the North African nation.

Making this clear in an interview, Foreign Secretary Nirupama Rao said India's stand was echoed by many developing countries as well as the BRIC (Brazil, Russia, India and China) nations. However, India had not decided whether to abstain or vote against such a resolution in case the issue came up before the United Nations Security Council.

The Foreign Secretary said India as well as its like-minded friends on the UNSC was opposed to referring Libya to the International Criminal Court, a key aspect of the resolution passed unanimously last week. But an impassioned plea by the Libyan Permanent Representative helped tilt the scales and India went along with the consensus but after expressing its reservations.

Ms. Rao also revealed that the imposition of sanctions would have been accompanied by use of force as per the original draft moved by the Western countries. But India, along with Russia, China and others, opposed the move and this resulted in a consensus forming around Article 41, which authorises partial sanctions but not use of force.

Russia's highest honour for Gorbachev

The last Soviet leader, Mikhail Gorbachev, was awarded Russia's top medal on his 80th birthday on Wednesday in a late and almost reluctant recognition of his services.

The Order of St. Andrew conferred on Mr. Gorbachev is the first and only award he has received in the past 20 years since his resignation in 1991 following the breakup of the Soviet Union.

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Assange moves court

WikiLeaks founder Julian Assange on Thursday appealed against last week's court order allowing his extradition to Sweden to face allegations of sexual misconduct brought by two Swedish women. Mr. Assange denies the allegations and says they are politically motivated.

His lawyers, who lodged the appeal in the High Court in London, claimed that he would not get a fair trial in Sweden as rape cases there were heard behind closed doors. They also feared that if extradited to Sweden he could be handed over to Americans who want to prosecute him for publishing secret government documents.

Essam Sharaf chosen as Egypt's new prime minister

Egypt's military rulers have appointed former transport minister Essam Sharaf to form a new government, the army said in a statement on Thursday.

Here are a few facts about Sharaf:

Born in Egypt in 1952. He completed his bachelor's degree in civil engineering at Cairo University in 1975.

He gained a masters in civil engineering at Purdue University, Indiana, in the United States in 1980 and a doctorate from the same university four years later.

He joined Cairo University in 1985 as an assistant professor of highway and traffic engineering, where over the next two decades he researched maintenance management, pavement management, highway management, safety management and transport asset management.

Sharaf served as minister of transport from July 13, 2004 until Dec. 31, 2005, at a time when former Prime Minister Ahmed Shafiq was minister of civil aviation.

Sharaf returned to academia in 2006 as a professor at Cairo University

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ICC prosecutor investigates Gaddafi, Libyan violence

Libyan leader Muammar Gaddafi and his sons could be held responsible for crimes committed by their troops, said the International Criminal Court prosecutor who is investigating attacks that have taken place since Feb. 15.

Below is an overview of the worst alleged crimes and sites identified for investigation by Prosecutor Luis Moreno-Ocampo following U.N. Security Council referral.

Benghazi -- Between Feb. 15 and 20, 257 people were allegedly killed in attacks and air strikes by the authorities and security forces. Six people were allegedly detained illegally by security forces between Feb 15 and 17.

Misrata, Al-Bayda, Derna, Zenten, Ajdabiya -- At least 26 people were allegedly killed in attacks by security forces between Feb. 16 and 17. Six people were allegedly detained illegally in Misrata and hundreds of people were allegedly illegally detained by security forces between Feb 16 and 18.

Misrata -- At least 14 people were killed in air strikes by security forces on Feb 18, 19 and 21.

Tripoli -- At least 228 and possibly more than 300 people were allegedly killed in air strikes by the security forces on Feb. 20-22 and Feb. 26.

Zawiyah -- About seven people were forcibly displaced by armed men on Feb. 21.

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BUSINESS/FINANCE/ECONOMY
India pays $2 billion to clear Iran oil import dues

India has paid 1.5 billion euros ($2.08 billion) to clear pending dues for oil imports from IranS National Iranian Oil Company (NIOC), the country's oil minister S. Jaipal Reddy said, over three months after the Reserve Bank of India (RBI) ended a long-standing clearing house system.

The minister did not specify if the payments were made using a proposed new mechanism involving State Bank of India and German-based EuropeanIranian Trade Bank AG (EIH).

"Consequent to the withdrawal of the Asian Clearing Union mechanism by the RBI with effect from December 23, 2010, all payments to Iran for the import of crude oil have to be settled in any permitted currency outside the ACU mechanism," he said.

Iran is India's second-biggest oil supplier after Saudi Arabia and has not stopped shipping oil to India despite the scrapping of payments through the Asian Clearing Union (ACU).

Oil deals with Iran -- worth about $12 billion a year -- run from April to March.

The two nations have yet to finalise a solution on how to pay for oil outside the ACU.

Reddy said India imported 424,000 barrels per day (bpd) of oil from Iran in 2009/10 and about 178,000 bpd during April-September

GST implementation may be delayed beyond April 2012

With a consensus nowhere in sight, the Central Government on Thursday admitted that it might not be possible to roll out the Goods and Services Tax (GST) from April 2012, as implementation of the new indirect tax regime would require the nod from all the States.

Revenue Secretary Sunil Mitra said: ...the [GST] legislation cannot be voted upon until the ratification is completed...there may be problem on the time factor [April 1, 2012].

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Ideally, the government would have liked to usher in the GST along with the roll-out of the Direct Taxes Code (DTC) from April 1, 2012. The current position is that while the Centre has been engaged in discussions with the states for the last four years over the modalities of implementation of the GST, the necessary Constitution Amendment Bill is slated for tabling in Parliament during the current session. Explaining the reason for delay, Mr. Mitra said: Even if the constitutional amendment goes in now, practically it would be referred to the Standing Committee for examination. Following that, if the Standing Committee gives its suggestion towards the end of the winter session, the government can then present it for voting in Parliament, earliest in the next budget Session. ...once it is voted in Parliament, it has to go for ratification of 50 per cent states, which will take some time.

India among top 10 global manufacturers: UNIDO

India has emerged as one of the top ten manufacturers of the world in 2010, driven mainly by its strong economic growth, the United Nations Industrial Development Organization (UNIDO) has said.

According to UNIDO's publication, International Yearbook of Industrial Statistics 2011,' released in Vienna, India, together with other leading developing economies such as Brazil and China, showed strong performance in economic growth in 2010.

The manufacturing value added (MVA) of these three countries grew by over 10 per cent in 2010 (at constant U.S. dollars of 2,000).

Thanks to the high growth rates achieved by developing countries, their share in world manufacturing output has reached 32 per cent compared to 20 per cent 10 years ago, UNIDO said.

India tops developing countries (China excluded) in production of textiles, chemical products, basic metals, general machinery and equipment, and electrical machinery. India has overtaken Brazil in the production of motor vehicles and now ranks second among developing countries after Mexico, the statement said.

However, India's Asian competitors Thailand, Malaysia and the Philippines are ahead in the production of electronic goods such as

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computers and office equipment, radio, television and other

communication equipment, it said. With world manufacturing showing first signs of recovery from the recent financial crisis, the UNIDO has estimated the global MVA to have grown by 5.3 per cent in 2010. Since 2006, this was the first year when industrialised countries showed a growing trend in industrial production. The Yearbook has revealed that while the MVA of industrialised countries grew by 3.4 per cent in 2010, the developing economies were, however, the major force of world industrial growth. In 2010, the MVA of developing countries grew by 9.4 per cent.

Food inflation eases to 10.39 %

Even as food inflation eased by over one percentage point to 10.39 per cent for the week ended February 19 from 11.49 per cent in the previous week, the decline is much less than desired.

The WPI (wholesale price index) data on primary articles revealed that although the prices of pulses, onions and potatoes were on a declining trend, fruits, milk and vegetables as a group continued to remain dearer.

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SPORTS

Fastest World Cup centuries

A list of the fastest cricket World Cup centuries after Ireland's Kevin O'Brien broke the record against England on Wednesday.

1. Kevin O'Brien (Ireland) v England 2011 50 balls 2. Matthew Hayden (Australia) v South Africa 2007 66 balls 3. John Davison (Canada) v West Indies 2003 67 balls 4. Kapil Dev (India) v Zimbabwe 1983 72 balls 5. Adam Gilchrist (Australia) v Sri Lanka 2007 72 balls