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O HERALD O The Voice of Goa — Since 1900 panjim, THURSDaY, maY 6, 2010
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Sports: Kalmadi and Co seek PM intervention in tenure row Pg 18 IN BRIEF Gujjars stir off The month-long agitation by Gujjars led by Kirori Singh Bainsla was called off today with the State government agreeing to accord one per cent more quota to the community in addition to the existing 4% given to them under the OBC category. -- (PTI)
World: Shahzad admits attending terror camp Pg 11
Forced brain mapping, polygraphs illegal: SC PTI NEW DELHI, MAY 5
In a blow to investigating agencies, the Supreme Court today ruled as illegal compulsory use of narco-analysis, brain-mapping and polygraph tests, saying such techniques amount to cruel and degrading treatment and unwarranted intrusion into personal liberty. “We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty,” a three-judge bench headed by Chief Justice K G Balakrishnan said. “Compulsory administration of any of these techniques is an unjustified intrusion into the mental privacy of an individual. It would also amount to ‘cruel, inhuman or degrading treatment’ with regard to the language of evolving international human rights norms,” the bench, also comprising Justices R V Raveendran and J M Panchal said in its 251-page judgement. The bench said the results gathered from these techniques comes into conflict with the ‘right to fair trial’ and “forcing an individual to undergo any of the impugned techniques violates the standard of substantive due process which is required
13 dead in Taliban bloodbath AP
KABUL, MAY 5
Taliban suicide bombers disguised as police attacked a government compound today in southwestern Afghanistan in an assault that left 13 people dead, including a provincial council member and all nine attackers, authorities said. Eight of the bombers blew themselves up and police shot the ninth, President Hamid Karzai’s office said. The Taliban claimed responsibility for the attack, which came as the provincial council was meeting in Zaranj, the capital of Nimroz province. The militant group said the council was trying to turn Afghans against the militants. Insurgents have carried out coordinated suicide attacks on government and aid installations in the past to strike a blow against NATO and Afghan attempts to counter the insurgency. This summer, a US-led military operation will try to clear the southern city of Kandahar of Taliban fighters in what will be a critical test of the war. Many insurgents fled to Nimroz province earlier this year when troops conducted an offensive to rout the Taliban from neighboring Helmand province.
What the apex court ruled… No individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. It would also amount to ‘cruel, inhuman or degrading treatment’ with regard to the language of evolving international human rights norms.
On the flip side… Such techniques can be used with certain safeguards in place if a person volunteers and consents to undergo any of these tests but “the test results by themselves cannot be admitted as evidence because the subject does not exercise conscious control over the responses. for restraining personal liberty.” However, the court said such techniques can be used with certain safeguards in place if a person volunteers and consents to undergo any of these tests but made it clear that “the test results by themselves cannot be
admitted as evidence because the subject does not exercise conscious control over the responses”. The bench said when consent of a person is obtained for subjecting him to narco analysis, brain mapping and polygraphic
NIA laxity lets accused get bail HERALD REPORTER VASCO, MAY 5
The National Investigating Agency’s (NIA) failure to file a chargesheet within the stipulated period led Vasco Judicial Magistrate First Class (JMFC) on Wednesday to grant bail to the two accused, arrested on charges of planting improvised explosive devices (IED) at Sancoale on the eve of Diwali on October 16 last year. The accused, Vinayak Patil (28) and Vinay Talekar (25), also accused SANCOALE in the Margao blast case, were granted bail in the Sancoale case, as the National Investigating Agency (NIA) failed to file the chargesheet within the stipulated period of 180 days. Both the accused, who were arrested in October, have been in judicial custody since then and the NIA, who is investigating the case, failed to file the chargesheet till date, prompting the court to grant conditional bail to both accused. Both the accused have been
granted bail on surety of Rs 1 lakh personal bond with the condition that they would appear before NIA every day and would not tamper with the evidence. However, the bail will be of little relief to the accused, as they have to be in judicial custody in connection with the Margao blast case. It may be recalled that the devices were placed in the cabin of a mini truck carrying Narkasur effigy from Ponda, which was stationed at SanIED CASE coale, about 100 meters from the Shantadurga Temple, on the eve of Diwali last year. The boys parked their vehicle and went to the temple to register for the competition, when the driver noticed a parcel in the cabin. When no one claimed ownership of the parcel, the driver threw it out and at that moment, happened to hear an unusual sound in the parcel. The organizers became suspicious of the sounds and alerted the police.
tests, the guidelines laid down by the NHRC in 2000 for the lie detector (polygraph) test has to be followed strictly. In the judgement, which can have wide-ramifications on several high profile cases, Justice Balakrishnan said the compulsory administration of the impugned techniques violates the “right against self incrimination” and is against the provision of Article 20(3) of the Constitution. Holding that the underlying rationale of such right is to ensure the reliability as well as voluntariness of statements that are admitted as evidence, the Bench said “This court has recognised that the protective scope of Article 20(3) extends to the investigative stage in criminal cases.” The court said Article 20(3) read with Section 161(2) of the Code of Criminal Procedure, “protects accused persons, suspects as well as witnesses who are examined during an investigation. The test results cannot be admitted in evidence if they have been obtained through the use of compulsion”. The judges noted that Article 20(3) protects an individual’s choice between speaking and remaining silent. “The results obtained from each of the impugned tests bear a ‘testimonial’ character and they cannot be categorised as material evidence,” they said.
The CRPF battalion which lost 76 men in the deadliest Maoist attack in Dantewada violated every basic rule of operation and became sitting ducks by not proceeding with its area domination mission as planned, according to available evidence. Documents that were made available to the one-member probe headed by E N Rammohan into the April 6 attack during his recent visit to Dantewada in Chattisgarh suggested that the CRPF company invited trouble by staying put in one single place for an entire day, sources in the know of events before the attack said today. According to the sources, the 81-member CRPF team along with a head-constable of Chattisgarh police did not leave for its mission on April 4 at the time—1900 hours—mentioned in the log book.
DANTEWADA MASSACRE
The CRPF team which was supposed to leave for its mission on April 4 at 1900 hours started moving into jungle areas at 0500 hours the next day despite instructions not to venture into forests early morning. The personnel comprising companies of the CRPF’s 62nd battalion in fact started moving into jungle areas only at 0500
India: Kareena is scared of ghosts Pg 5
IPL row: Pawar to be added to tax case AGENCIES NEW DELHI, MAY 5
Is there a code of conduct for ministers who hold posts in sports associations? That’s what the Bombay High Court has asked the Union Government to explain. The court has also asked that Union Agriculture Minister Sharad Pawar be made a respondent, along with suspended IPL Chairman Lalit Modi and current IPL Chief Chiryau Amin, to a case filed by a member of the Shiv Sena. The case being heard is a P ublic Interest Litigation (PIL) which challenges the Maharashtra government’s decision to waive any Entertainment Tax for the Indian Premier League (IPL) tournament which just finished. The exemption has cost the government several crores, and many have alleged that the decision was heavily influenced by Pawar, whose Nationalist Congress Party (NCP) forms the Maharashtra government along with its ally and senior partner, the Congress.
SCARE IN THE AIR
Burqa-clad Russian grounds airplane PTI KOLKATA, MAY 5
A SpiceJet flight with 123 passengers on board had a scare today after two Russian nationals including a woman in burqa behaved “suspiciously” and the plane made a priority landing at the Kolkata airport. The Delhi-Kolkata-Dhaka flight (SG 208) of the low-cost air carrier touched down at the N S C Bose Airport at 11:23 am after being given clearance by the Air Traffic Control(ATC) to land ahead of other aircraft over Kolkata airspace, airport sources said. All passengers were safe. The aircraft was immediately taken to an isolation bay and was surrounded by CISF personnel, the bomb squad, fire brigade and the police in line with an emergency drill, sources said. The pilot was give a priority landing after passengers reported the Russian couple to the air crew. SpiceJet CEO Sanjan Aggarwal said the captain of the flight requested for a priority landing after being alerted about a suspicious passenger by the sky marshal on board. The couple, who were bound for Dhaka, was reported to be from Chechnya,
Not involved in power subsidy scam: Mauvin HERALD REPORTER PANJIM, MAY 5
Once again facing high-voltage allegations from the Bharatiya Janata Party in the power subsidy scam, former Power Minister Mauvin Godinho on Wednesday claimed he was innocent and the subsequent criminal charges against him in the case were all politically motivated since day one. Godinho, who is the deputy speaker in the present government, addressing a press conference in a starred city hotel today said he had been exonerated by the Supreme Court of any wrongdoing as per an observation made in the Supreme Court judgement delivered on May 3, 2010. The observation (No 76), a copy of which was circulated to press persons, reads, “Before parting with these appeals, we make it clear that the observations made by us in the course of our judgement is only for the
CRPF battalion broke key rules, says probe report PTI RAIPUR, MAY 5
pRiCE Rs. 3.00 (air Surcharge Rs. 1.50) pages 18
hours the next day despite instructions not to venture into forests during early morning hours, the sources said. Information in the documents, which were accessed, showed that the CRPF company had spent its entire day in the same ground where they fell to the bullets of the Naxalites in the wee hours of April 6. Senior personnel in the CRPF team had even summoned some people including the head of the nearby village— Mukram—and asked for large utensils for preparing the meals for the entire group, the sources said. The element of secrecy was missing in the operation as the CRPF company after spending the entire day in the ground shifted to a nearby “Ashram”, a hostel, besides ordering the villagers to bring cots and other material, the sources said.
Godinho said the subsidy that he released was to the tune of Rs 13 cr. But when Parrikar was the CM, his ministry had given subsidy of Rs 15 cr to Mormugao Steel. When he was reminded that the present CM Digambar Kamat was the Power Minister in the BJP dispensation, the former had very little to say and on further questioning by the media, he categorically stated, “It is for you people to read between the lines.” purpose of disposing of these appeals and shall not be treated as an expression on the conduct of the then power minister.” This observation was made by Justices R V Raveendran and H L Dattu, both of whom also ruled, “Neither did the minister of power think it is proper and appropriate to place the proposals before the council of ministers or the CM nor did the secretary concerned deem it appropriate to do so. The proposals were finalised by the power minister at his level as per the
modifications suggested by him on July 30,.1996 which in our opinion are in violation of the business rules.” Citing the earlier observation, Godinho maintained the SC was aware this could be used to launch criminal cases against me. The observation gives me a clean chit, he held further. He chided leader of opposition Manohar Parrikar over his demand for a Central Bureau of Investigation (CBI) inquiry. I would like to educate him on (Continued on page 10)
The confusion arose because of the woman passenger’s manly physique and a language problem. Also she was found eating without taking off her veil and passing food to her husband. a Russian province. The burqa-clad woman Irbanieva Eieonora (42) and her 50-year- old husband Aslan Arthur were taken to the office of the airport manager where they were questioned. The confusion arose because of the woman passenger’s manly physique and a l a n g u a g e p ro b l e m , t h e sources said. The air hostesses became suspicious when they found her eating without taking off her veil and passing food to her husband, they said.
MPLAD scheme verdict today PTI NEW DELHI, MAY 5
The Supreme Court will pronounce on Thursday its verdict on the constitutional validity of MPLAD scheme under which members of Parliament are allocated Rs 2 cr annually for development of their constituencies. A five-judge Constitution bench headed by Chief Justice K G Balakrishnan, which examined the scheme, will deliver its judgement.
Looking at the cost of this project, I'm sure we will only have link between ministers, consultants, touts, middlemen, builders, engineers.....