21.12.13

NaMo @ Varanasi


BJP’s PM candidate Narendra Modi referred to Ram Rajya in his rally in Varanasi without mentioning the Ram temple. He continued his tirade against the Gandhi family.
Displaying his sway over the crowds, Modi said, “I have faith in the people of UP. Your ancestors established Ram rajya. Had the people not been empowered, there would never have been Ram rajya here. The state has all that is needed for Ram rajya. The strength, tradition and will needed for establishing Ram rajya...” A little earlier, UP BJP chief Laxmikant Bajpayi had set the crowds roaring with his introductory address, exhorting them to chant “Har Har Modi, Ghar Ghar Modi” — a slogan gaining traction here.
Modi, who has held four rallies in Kanpur, Jhansi, Bahraich and Agra in UP (the state sends 80 Lok Sabha MPs), made his first stump speech in east UP — crucial to the party’s fortunes. Citing the Ganga Action Plan, envisaged by then PM Rajiv Gandhi to clean up the polluted river, Modi said thousands of crores have been wasted.
“I request the PM to share detailed accounts with people and answer them how many thousands of crores of rupees have been spent on the project to clean up the Ganga — an issue on which the Congress has sought votes since Rajiv Gandhi’s time,” Modi said.
Before flying to the rally site Modi visited Sankatmochan and Lord Vishwanath temples with BJP chief Rajnath Singh. Modi and Rajnath were at Sankatmochan — bombed by terrorists in 2006 — for about 20 minutes. Temple mahant Vishwanath Misra met Modi and Rajnath and raised the issue of Ganga’s pollution. Modi duly took it up. “In the past decade, Gujarat got Sabarmati cleaned which was reduced to a drain,” Modi said. “Those who support Congress and ask me about my vision, I tell them: this is my vision,” he said in his speech.
Modi also harped on his secular credentials and narrated the woes of a Muslim man from Varanasi who had written to him two days ago. He said that the Muslim man is fed up of the noise due to powerlooms among weavers’ community in Varanasi. Again, showcasing Surat powerlooms’ upgradation, Modi said that with the help of the Gujarat government, the powerlooms are now noise free.

A shameless tale of blatant violations

Maharashtra's Congress-NCP government rejected the report of the judicial commission of inquiry on the Adarsh scam that indicted four former chief ministers (Ashok Chavan, Vilasrao Deshmukh, Sushilkumar Shinde and Shivajirao Nilangekar Patil), two former urban development ministers (Rajesh Tope and Sunil Tatkare) and 12 top bureaucrats.
The two-member panel found almost 50% of the society members ineligible or illegal and described the Adarsh saga in its report as “a shameless tale of blatant violations” that reflected “greed, nepotism, and favouritism”. It criticized the politicians for providing patronage to the housing society and the bureaucrats for giving permissions and clearances on a quid pro quo basis.
Ashok Chavan, whose relatives had acquired flats in the 31-storey Colaba tower, was blamed on both counts: for patronage as well as for providing clearances for the benefits.
The report found 25 of the society’s 103 members ineligible and 22 cases of benami purchase of flats.

‘SHAMELESS TALE OF VIOLATING RULES’
The Scam
In October 2010, a newspaper exposes conspiracy by politicians/ bureaucrats/top military officers to appropriate a prime Colaba plot and flats in the 31-storey Adarsh tower on it.
A month later, Cong removes Ashok Chavan as CM after his name crops up in scam

POLITICIANS WHO PROVIDED ‘PATRONAGE’
Vilasrao Deshmukh, ex-CM: Granted letter of intent; granted ‘unjustifiable’ additional FSI of BEST
Sushilkumar Shinde, ex-CM: Granted letter of approval, showed undue haste
Ashok Chavan, ex-CM: Was revenue min when land was allotted
Shivajirao Nilangekar Patil, ex-CM: Hastily approved grant of land as revenue minister
Sunil Tatkare, ex-minister of state for urban devpt: Called meeting at home on grant of land, took interest despite no apparent role
Rajesh Tope, ex-urban devpt dept minister: Took upon himself to deal with proposal relating to grant of land

ACTION RECOMMENDED
Disciplinary action under Service Conduct Rules
Application of Benami Transactions (Prohibition) Act

THE PROBE PANEL
2-member judicial panel needed 8 extensions from Jan 2011 to submit report
Rs 7 crore spent on panel, govt buries its report

Those who gave permissions/ clearances as ‘quid pro quo’
Former CM Ashok Chavan Dr Pradeep Vyas, then city collector P V Deshmukh, then dy secy, urban devpt dept Ramanand Tiwari, then principal secy, urban devpt dept Dr Jairaj Phatak, then civic chief Babasaheb Kupekar, then Assembly Speaker

WHAT REJECTION MEANS
Clean chit for politicians and bureaucrats

WHY REPORT WAS REJECTED
After governor refused permission to CBI to prosecute Ashok Chavan, cabinet felt it would not be proper to accept panel report

WHAT NEXT
The Maharashtra government’s rejection of the Adarsh judicial commission report may not spell the end of the road for the case. Any citizen can challenge the state’s decision in high court, although under law such findings of a judicial panel are not binding on the government. In any event, the state’s action taken report must justify the rejection

JUDICIAL COMMISSION’S MAJOR FINDINGS
The Adarsh society never applied to the union ministry of environment and forests (MoEF) for coastal regulation zone (CRZ) clearance through the Maharashtra Coastal Zone Management Authority (MCZMA)
Powers delegated by the MoEF to MCZMA cannot be exercised by the urban development department (UDD)
There was noncompliance of the Maharashtra Regional and Town Planning (MRTP) Act when the width of Prakash Pethe Marg was reduced from 60.97 metres to 18.40 metres. No notice was given to the local military authority
The reduction of the road’s width was not in public interest; it was intended to serve Adarsh. Key considerations, such as traffic congestion and resultant handicap to military operations during possible exigencies, were ignored
The question of amalgamation of two plots—land in question and adjacent BEST plot—does not arise
A letter addressed by Senthil Vel, joint director of MoEF, to P V Deshmukh, deputy secretary of UDD, did not amount to CRZ clearance
The letter addressed by Deshmukh to BMC chief engineer was erroneously treated and interpreted as CRZ clearance. And it was wrongly acted upon as such by the MMRDA
The procedure followed by Adarsh for proposing the names for membership was arbitrary. It lacked transparency, giving scope for nepotism and favouritism
The verification of membership applications of Adarsh at the collector level was carried out in a superficial and slipshod manner. The eligibility of several members was not properly and fully verified. Applications that were not fully filled and bore no date were entertained and forwarded for approval to the government
The MRTP Act and Development Control Rules were contravened in utilizing FSI, staircase, lift, lobby, podium, set back area and building height
The BMC’s approval for the recommendations of the High-Rise Committee over the building’s height was not proper and correct. It contravened the provisions of Development Control Rules 

Govt files review plea on 377

The Centre has made a strong case for review of the Supreme Court’s ruling re-criminalizing consensual gay sex between adults, saying it was time India trashed a British-imposed archaic sodomy law that breaches the privacy of the LGBT community, punishing its members for their sexual preference.
The government’s review petition, settled by its top law officer, attorney general G E Vahanvati, was unusually sharp in its criticism of the December 11 judgment of Justices G S Singhvi and S J Mukhopadhaya when it said the SC had failed in its constitutional duty to protect the LGBT community’s fundamental rights.
The petition, which matched the 98-page order in length, was also refreshingly frank in expressing solidarity with the LGBT community when it said, “Section 377 criminalizes the only form of sexual expression, that is penile-oral or penile-anal sex, of homosexual men and transgender/hijra persons. The judgment strikes at the root of the dignity and selfworth of homosexual men and transgender/hijra persons. The Supreme Court has not addressed this issue at all despite a clear finding from the Delhi high court on the same.”

EC recognises AAP as a State Party


Aam Aadmi Party was recognized as a state party and its symbol of broom was reserved by the election commission on the basis of its performance in the Delhi assembly polls.
The election symbol of “broom” will now be reserved for AAP in Delhi. Elsewhere in the country, its candidates will also get the benefit of contesting under the “broom” symbol.
The recognition to AAP, which is in the process of deciding on whether to form its government in Delhi with Congress support, came after it fulfilled the laid criterion in this regard.
A party may be recognized by the election commission if it wins at least 3% seats, subject to a minimum of three seats and at least 6% of total valid votes. AAP has outperformed on this criterion in Delhi assembly polls where it won 28 seats in the 70-member House and took over 25 per cent vote share.

Of Inflation Indexed Bonds....


Shivaji Memorial snippets

Chief minister Prithviraj Chavan said in the assembly that a tentative nod was granted by the Ministry of Environment and Forests (MoEF) to enable a detailed study of the site.
Some time ago, the state identified a 17-hectare rocky islet a kilometre away into the sea from Raj Bhavan for the project and now wants to study it in detail.
Chavan was replying to a debate on the progress made by the state during his tenure.
The state some time ago decided to invite suggestions from the public about the Shivaji memorial, which would include a statue taller than the Statue of Liberty.
The MoEF asked the state to include elements of Maratha architecture and culture in the design.
An international design competition is also planned. The state will launch a website and seek opinion on the facets of the Maratha emperor’s life to be highlighted.
The project will need 17 different permissions. “The National Environmental Engineering and Research Institute, the Maharashtra Maritime Board and the National Institute of Oceanography will conduct an environment impact study, following which the proposal will be moved to various departments such as the union environment ministry for various approvals,” a source said.

19.12.13

Lok Sabha approves Lokpal Bill


SALIENT FEATURES OF THE LOKPAL BILL
Constitution of Lokpal: The Lokpal will consist of a chairperson and a maximum of eight members, of whom 50 per cent shall be judicial members.
Selection of Lokpal: The selection committee will comprise the prime minister, the Lok Sabha speaker, leader of the opposition in the Lok Sabha and the Chief Justice of India. A fifth member may be nominated by the President on the basis of recommendation of the first four members of the committee.
Religious bodies and trusts: The new bill includes societies and trusts that collect public money, receive funding from foreign sources, and have an income level above a certain threshold.
Prosecution: Before taking a decision on filing a chargesheet in a case, the Lokpal may authorise its own prosecution wing or the concerned investigating agency to initiate prosecution in special courts.
Hearing: The new bill says a government servant will get a hearing before a decision is taken by the Lokpal.
Prime Minister: The PM will be under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the PM.
Investigation: Inquiries have to be completed within 60 days and investigation within 6 months.
Penalty: False and frivolous complaints will attract up to a year in jail and a fine of up to Rs 1 lakh.


The government has clinched the Lok Sabha’s assent to the Lokpal bill, arming Congress with a showcase anti-corruption legislation just before it slipped into a lame duck phase ahead of next year’s general elections.
The Lokpal and Lokayukta (amended) Bill, 2013 was passed on Wednesday through voice vote amid noisy protests by some members against the proposed statehood to Telangana, before Parliament was adjourned sine die. The bill aims to establish an anti-corruption watchdog that will have power to investigate corruption charges against a wide spectrum of public functionaries including the Prime Minister.
The passage of the bill came within days of the Congress’ near-rout in the recent assembly elections and the stunning debut of Arvind Kejriwal-led Aam Aadmi Party, which was formed by a section of the protestors led by Anna Hazare who agitated in August 2011 to press for a more potent version of the bill. The main opposition, the BJP, also signalled its eagerness to join hands with the government after the Aam Aadmi Party emerged a close second in Delhi polls and prevented it from securing a simple majority.
Earlier, successive governments had stalled such a legislation for the past five decades.
Within 24 hours of the passage of the amended bill in Rajya Sabha, the lower house gave its assent with an overwhelming support from a majority of political parties from both the ruling and opposition sides. Samajwadi Party, which lends outside support to the ruling coalition, staged a walkout to facilitate the passage of the bill while registering its opposition. Shiv Sena also reiterated its opposition to the bill.
The two main parties also used the split between Hazare and Kejriwal to give some credit to the former for the bill in a bid to rob the Aam Aadmi Party of any moral claim over the legislation. While a converted Hazare cheered the government’s bill and broke his fast, Kejriwal’s party stuck to its view that the government had passed a bill that was far too weak to check corruption.
The understanding across the political spectrum was evident in Lok Sabha, where leaders from all sides agreed to speak briefly and rush through its passage. However, the usually reticent Congress vice president Rahul Gandhi made it a point to speak on the bill. The leader of the opposition in Lok Sabha, BJP’s Sushma Swaraj took a dig at Gandhi, saying that notwithstanding the Congress’ efforts “the people of this country and the old man (Hazare) who has undertaken fast several times deserve the credit” for the anti-corruption legislation. In his intervention, Gandhi maintained that the Lokpal Bill was the latest anti-corruption measure by his party’s government and also lined up more such measures. Even as the House was later adjourned sine die two days ahead of schedule, he said the session should have actually been extended to help pass six more bills which were “part of the comprehensive anti-corruption framework” of the government. “Lokpal Bill alone is not enough to fight corruption. What we need is a comprehensive anti-corruption code. The UPA government has prepared anti-corruption framework... Eight new central laws have been brought...We should complete the unfinished work of fighting corruption...Six anti-corruption bills are pending. If necessary, can we not extend this session of Parliament?” Gandhi asked while recalling that the bill was originally brought in by the Indira Gandhi regime.
Since both houses have only been adjourned indefinitely and not prorogued, Parliament can be reconvened if the political parties arrive at an agreement on the issue, a person familiar with the matter said.