Mr.Rebates

Mr. Rebates

Thursday, November 25, 2010

Married woman can live with her lover: court

April 19, 2007

 Can a married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes. In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to
her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product. 

While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce.

Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.”

"At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will," Jaising said.

In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing.

Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”. National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet.

Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh.

He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married.

Source: HT


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Introduction to WikiLeaks

Post information about Corrupt government officials, Politicians,Judicary, and Police at WikiLeaks website. Submit you information here, the world will know instantly. You think the Right to Information Act is powerful, you have not seen anything yet?
Fight corruption with WikiLeaks.org.


"Could become as important a journalistic tool as the Freedom of Information Act." - Time Magazine

1.1 About WikiLeaks

WikiLeaks is a not-for-profit media organisation. Our goal is to bring important news and information to the public. We provide an innovative, secure and anonymous way for sources to leak information to our journalists (our electronic drop box). One of our most important activities is to publish original source material alongside our news stories so readers and historians alike can see evidence of the truth. We are a young organisation that has grown very quickly, relying on a network of dedicated volunteers around the globe. Since 2007, when the organisation was officially launched, WikiLeaks has worked to report on and publish important information. We also develop and adapt technologies to support these activities.
WikiLeaks has sustained and triumphed against legal and political attacks designed to silence our publishing organisation, our journalists and our anonymous sources. The broader principles on which our work is based are the defence of freedom of speech and media publishing, the improvement of our common historical record and the support of the rights of all people to create new history. We derive these principles from the Universal Declaration of Human Rights. In particular, Article 19 inspires the work of our journalists and other volunteers. It states that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. We agree, and we seek to uphold this and the other Articles of the Declaration.

1.2 How WikiLeaks works

WikiLeaks has combined high-end security technologies with journalism and ethical principles. Like other media outlets conducting investigative journalism, we accept (but do not solicit) anonymous sources of information. Unlike other outlets, we provide a high security anonymous drop box fortified by cutting-edge cryptographic information technologies. This provides maximum protection to our sources. We are fearless in our efforts to get the unvarnished truth out to the public. When information comes in, our journalists analyse the material, verify it and write a news piece about it describing its significance to society. We then publish both the news story and the original material in order to enable readers to analyse the story in the context of the original source material themselves. Our news stories are in the comfortable presentation style of Wikipedia, although the two organisations are not otherwise related. Unlike Wikipedia, random readers can not edit our source documents.
As the media organisation has grown and developed, WikiLeaks been developing and improving a harm minimisation procedure. We do not censor our news, but from time to time we may remove or significantly delay the publication of some identifying details from original documents to protect life and limb of innocent people.
We accept leaked material in person and via postal drops as alternative methods, although we recommend the anonymous electronic drop box as the preferred method of submitting any material. We do not ask for material, but we make sure that if material is going to be submitted it is done securely and that the source is well protected. Because we receive so much information, and we have limited resources, it may take time to review a source's submission.
We also have a network of talented lawyers around the globe who are personally committed to the principles that WikiLeaks is based on, and who defend our media organisation.

1.3 Why the media (and particularly Wiki leaks) is important

Publishing improves transparency, and this transparency creates a better society for all people. Better scrutiny leads to reduced corruption and stronger democracies in all society's institutions, including government, corporations and other organisations. A healthy, vibrant and inquisitive journalistic media plays a vital role in achieving these goals. We are part of that media.
Scrutiny requires information. Historically, information has been costly in terms of human life, human rights and economics. As a result of technical advances particularly the internet and cryptography - the risks of conveying important information can be lowered. In its landmark ruling on the Pentagon Papers, the US Supreme Court ruled that "only a free and unrestrained press can effectively expose deception in government." We agree.
We believe that it is not only the people of one country that keep their own government honest, but also the people of other countries who are watching that government through the media.
In the years leading up to the founding of WikiLeaks, we observed the world's publishing media becoming less independent and far less willing to ask the hard questions of government, corporations and other institutions. We believed this needed to change.
WikiLeaks has provided a new model of journalism. Because we are not motivated by making a profit, we work cooperatively with other publishing and media organisations around the globe, instead of following the traditional model of competing with other media. We don't hoard our information; we make the original documents available with our news stories. Readers can verify the truth of what we have reported themselves. Like a wire service, WikiLeaks reports stories that are often picked up by other media outlets. We encourage this. We believe the world's media should work together as much as possible to bring stories to a broad international readership.

1.4 How WikiLeaks verifies its news stories

We assess all news stories and test their veracity. We send a submitted document through a very detailed examination a procedure. Is it real? What elements prove it is real? Who would have the motive to fake such a document and why? We use traditional investigative journalism techniques as well as more modern rtechnology-based methods. Typically we will do a forensic analysis of the document, determine the cost of forgery, means, motive, opportunity, the claims of the apparent authoring organisation, and answer a set of other detailed questions about the document. We may also seek external verification of the document For example, for our release of the Collateral Murder video, we sent a team of journalists to Iraq to interview the victims and observers of the helicopter attack. The team obtained copies of hospital records, death certificates, eye witness statements and other corroborating evidence supporting the truth of the story. Our verification process does not mean we will never make a mistake, but so far our method has meant that WikiLeaks has correctly identified the veracity of every document it has published.
Publishing the original source material behind each of our stories is the way in which we show the public that our story is authentic. Readers don't have to take our word for it; they can see for themselves. In this way, we also support the work of other journalism organisations, for they can view and use the original documents freely as well. Other journalists may well see an angle or detail in the document that we were not aware of in the first instance. By making the documents freely available, we hope to expand analysis and comment by all the media. Most of all, we want readers know the truth so they can make up their own minds.

1.5 The people behind WikiLeaks

WikiLeaks is a project of the Sunshine Press. It's probably pretty clear by now that WikiLeaks is not a front for any intelligence agency or government despite a rumour to that effect. This rumour was started early in WikiLeaks' existence, possibly by the intelligence agencies themselves. WikiLeaks is an independent global group of people with a long standing dedication to the idea of a free press and the improved transparency in society that comes from this. The group includes accredited journalists, software programmers, network engineers, mathematicians and others.
To determine the truth of our statements on this, simply look at the evidence. By definition, intelligence agencies want to hoard information. By contrast, WikiLeaks has shown that it wants to do just the opposite. Our track record shows we go to great lengths to bring the truth to the world without fear or favour.
The great American president Thomas Jefferson once observed that the price of freedom is eternal vigilance. We believe the journalistic media plays a key role in this vigilance.

1.6 Anonymity for sources

As far as we can ascertain, WikiLeaks has never revealed any of its sources. We can not provide details about the security of our media organisation or its anonymous drop box for sources because to do so would help those who would like to compromise the security of our organisation and its sources. What we can say is that we operate a number of servers across multiple international jurisdictions and we we do not keep logs. Hence these logs can not be seized. Anonymization occurs early in the WikiLeaks network, long before information passes to our web servers. Without specialized global internet traffic analysis, multiple parts of our organisation must conspire with each other to strip submitters of their anonymity.
However, we also provide instructions on how to submit material to us, via net cafes, wireless hot spots and even the post so that even if WikiLeaks is infiltrated by an external agency, sources can still not be traced. Because sources who are of substantial political or intelligence interest may have their computers bugged or their homes fitted with hidden video cameras, we suggest that if sources are going to send WikiLeaks something very sensitive, they do so away from the home and work.
A number of governments block access to any address with WikiLeaks in the name. There are ways around this. WikiLeaks has many cover domains, such as https://destiny.mooo.com, that don't have the organisation in the name. It is possible to write to us or ask around for other cover domain addresses. Please make sure the cryptographic certificate says wikileaks.org .

2. WikiLeaks' journalism record

2.1 Prizes and background

WikiLeaks is the winner of:
  • the 2008 Economist Index on Censorship Freedom of Expression award
  • the 2009 Amnesty International human rights reporting award (New Media)
WikiLeaks has a history breaking major stories in major media outlets and robustly protecting sources and press freedoms. We have never revealed a source. We do not censor material. Since formation in 2007, WikiLeaks has been victorious over every legal (and illegal) attack, including those from the Pentagon, the Chinese Public Security Bureau, the Former president of Kenya, the Premier of Bermuda, Scientology, the Catholic & Mormon Church, the largest Swiss private bank, and Russian companies. WikiLeaks has released more classified intelligence documents than the rest of the world press combined.

2.2 Some of the stories we have broken

  • War, killings, torture and detention
  • Government, trade and corporate transparency
  • Suppression of free speech and a free press
  • Diplomacy, spying and (counter-)intelligence
  • Ecology, climate, nature and sciences
  • Corruption, finance, taxes, trading
  • Censorship technology and internet filtering
  • Cults and other religious organizations
  • Abuse, violence, violation

War, killings, torture and detention

  • Changes in Guantanamo Bay SOP manual (2003-2004) - Guantanamo Bay's main operations manuals
  • Of Orwell, Wikipedia and Guantanamo Bay - In where we track down and expose Guantanamo Bay's propaganda team
  • Fallujah jail challenges US - Classified U.S. report into appalling prison conditions in Fallujah
  • U.S lost Fallujah's info war - Classified U.S. intelligence report on the battle of Fallujah, Iraq
  • US Military Equipment in Iraq (2007) - Entire unit by unit equipment list of the U.S army in Iraq
  • Dili investigator called to Canberra as evidence of execution mounts - the Feb 2008 killing of East Timor rebel leader Reinado
  • Como entrenar a escuadrones de la muerte y aplastar revoluciones de El Salvador a Iraq - The U.S. Special Forces manual on how to prop up unpopular government with paramilitaries

Government, trade and corporate transparency

  • Change you can download: a billion in secret Congressional reports - Publication of more than 6500 Congressional Research Reports, worth more than a billion dollars of US tax-funded research, long sought after by NGOs, academics and researchers
  • ACTA trade agreement negotiation lacks transparency - The secret ACTA trade agreement draft, followed by dozens of other publications, presenting the initial leak for the whole ACTA debate happening today
  • Toll Collect Vertraege, 2002 - Publication of around 10.000 pages of a secret contract between the German federal government and the Toll Collect consortium, a private operator group for heavy vehicle tolling system
  • Leaked documents suggest European CAP reform just a whitewash - European farm reform exposed
  • Stasi still in charge of Stasi files - Suppressed 2007 investigation into infiltration of former Stasi into the Stasi files commission
  • IGES Schlussbericht Private Krankenversicherung, 25 Jan 2010 - Hidden report on the economics of the German private health insurance system and its rentability

Suppression of free speech and a free press

  • The Independent: Toxic Shame: Thousands injured in African city, 17 Sep 2009 - Publication of an article originally published in UK newspaper The Independent, but censored from the Independent's website. WikiLeaks has saved dozens of articles, radio and tv recordings from disappearing after having been censored from BBC, Guardian, and other major news organisations archives.
  • Secret gag on UK Times preventing publication of Minton report into toxic waste dumping, 16 Sep 2009 - Publication of variations of a so-called super-injunction, one of many gag-orders published by WikiLeaks to expose successful attempts to suppress the free press via repressive legal attacks
  • Media suppression order over Turks and Caicos Islands Commission of Inquiry corruption report, 20 Jul 2009 - Exposure of a press gagging order from the Turks and Caicos Islands, related to WikiLeaks exposure of the Commission of Inquiry corruption report
  • Bermuda's Premier Brown and the BCC bankdraft - Brown went to the Privy council London to censor the press in Bermuda
  • How German intelligence infiltrated Focus magazine - Illegal spying on German journalists

Diplomacy, spying and (counter-)intelligence

  • U.S. Intelligence planned to destroy WikiLeaks, 18 Mar 2008 - Classified (SECRET/NOFORN) 32 page U.S. counterintelligence investigation into WikiLeaks. Has been in the worldwide news.
  • CIA report into shoring up Afghan war support in Western Europe, 11 Mar 2010 - This classified CIA analysis from March, outlines possible PR-strategies to shore up public support in Germany and France for a continued war in Afghanistan. Received international news coverage in print, radio and TV.
  • U.S. Embassy profiles on Icelandic PM, Foreign Minister, Ambassador - Publication of personal profiles for briefing documents for U.S. officials visiting Iceland. While lowly classified are interesting for subtle tone and internal facts.
  • Cross-border clashes from Iraq O.K. - Classified documents reveal destabalizing U.S. military rules
  • Tehran Warns US Forces against Chasing Suspects into Iran - Iran warns the United States over classified document on WikiLeaks
  • Inside Somalia and the Union of Islamic Courts - Vital strategy documents in the Somali war and a play for Chinese support

Ecology, climate, nature and sciences

  • Draft Copenhagen climate change agreement, 8 Dec 2009 - Confidential draft "circle of commitment" (rich-country) Copenhagen climate change agreement
  • Draft Copenhagen Accord Dec 18, 2009 - Three page draft Copehagen "accord", from around Friday 7pm, Dec 18, 2009; includes pen-markings
  • Climatic Research Unit emails, data, models, 1996-2009 - Over 60MB of emails, documents, code and models from the Climatic Research Unit at the University of East Anglia, written between 1996 and 2009 that lead to a worldwide debate
  • The Monju nuclear reactor leak - Three suppressed videos from Japan's fast breeder reactor Monju revealing the true extent of the 1995 sodium coolant disaster

Corruption, finance, taxes, trading

  • The looting of Kenya under President Moi - $3,000,000,000 presidential corruption exposed; swung the Dec 2007 Kenyan election, long document, be patient
  • Gusmao's $15m rice deal alarms UN - Rice deal corruption in East Timor
  • How election violence was financed - the embargoed Kenyan Human Rights Commission report into the Jan 2008 killings of over 1,300 Kenyans
  • Financial collapse: Confidential exposure analysis of 205 companies each owing above EUR45M to Icelandic bank Kaupthing, 26 Sep 2008 - Publication of a confidential report that has lead to hundreds of newspaper articles worldwide
  • Barclays Bank gags Guardian over leaked memos detailing offshore tax scam, 16 Mar 2009 - Publication of censored documents revealing a number of elaborate international tax avoidance schemes by the SCM (Structured Capital Markets) division of Barclays
  • Bank Julius Baer: Grand Larceny via Grand Cayman - How the largest private Swiss bank avoids paying tax to the Swiss government
  • Der Fall Moonstone Trust - Cayman Islands Swiss bank trust exposed
  • Over 40 billion euro in 28167 claims made against the Kaupthing Bank, 23 Jan 2010 - List of Kaupthing claimants after Icelandic banking crash
  • Northern Rock vs. WikiLeaks - Northern Rock Bank UK failed legal injunctions over the ¡Ì24,000,000,000 collapse
  • Whistleblower exposes insider trading program at JP Morgan - Legal insider trading in three easy steps, brought to you by JP Morgan and the SEC

Censorship technology and internet filtering

  • Eutelsat suppresses independent Chinese-language TV station NTDTV to satisfy Beijing - French sat provider Eutelsat covertly removed an anti-communist TV channel to satisfy Beijing
  • Internet Censorship in Thailand - The secret internet censorship lists of Thailand's military junta

Cults and other religious organizations

  • Church of Scientology's 'Operating Thetan' documents leaked online - Scientology's secret, and highly litigated bibles
  • Censored Legion de Cristo and Regnum Cristi document collection - Censored internal documents from the Catholic sect Legion de Cristo (Legion of Christ)
  • US Department of Labor investigation into Landmark Education, 2006 - 2006 investigative report by the U.S. Department of Labor on Landmark Education

Abuse, violence, violation

  • Report on Shriners raises question of wrongdoing - corruption exposed at 22 U.S. and Canadian children's hospitals.
  • Claims of molestation resurface for US judo official
  • Texas Catholic hospitals did not follow Catholic ethics, report claims - Catholic hospitals violated catholic ethics

3. Short essays on how a more inquiring media can make a difference in the world

3.1 The Malaria Case Study: the antidote is good governance born from a strong media

Malaria is a case study in why good governance not just good science is the solution to so much human suffering. This year, the mosquito borne disease will kill over one million people. More than 80% of these will be children. Great Britain used to have malaria. In North America, malaria was epidemic and there are still a handful of infections each year. In Africa malaria kills over 100 people per hour. In Russia, amidst the corruption of the 1990s, malaria re-established itself. What is the difference between these cases?
Why does Malaria kill so many people in one place but barely take hold in another? Why has malaria been allowed to gain a foothold in places like Russia where it was previously eradicated? We know how to prevent malaria epidemics. The science is universal. The difference is good governance.
Put another way, unresponsive or corrupt government, through malaria alone, causes a children's "9/11" every day. [1]
It is only when the people know the true plans and behaviour of their governments that they can meaningfully choose to support or reject them. Historically, the most resilient forms of open government are those where publication and revelation are protected. Where that protection does not exist, it is our mission to provide it through an energetic and watchful media.
In Kenya, malaria was estimated to cause 20% of all deaths in children under five. Before the Dec 2007 national elections, WikiLeaks exposed $3 billion of Kenyan corruption, which swung the vote by 10%. This led to changes in the constitution and the establishment of a more open government. It is too soon to know if it will contribute to a change in the human cost of malaria in Kenya but in the long term we believe it may. It is one of many reforms catalyzed by WikiLeaks unvarnished reporting.
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3.2 The importance of principled leaking to journalism, good government and a healthy society

Principled leaking has changed the course of history for the better. It can alter the course of history in the present, and it can lead us to a better future.
Consider Daniel Ellsberg, working within the US government during the Vietnam War. He comes into contact with the Pentagon Papers, a meticulously kept record of military and strategic planning throughout the war. Those papers reveal the depths to which the US government has sunk in deceiving the American people about the war. Yet the public and the media know nothing of this urgent and shocking information. Indeed, secrecy laws are being used to keep the public ignorant of gross dishonesty practised by their own government. In spite of those secrecy laws and at great personal risk, Ellsberg manages to disseminate the Pentagon papers to journalists and to the world. Despite criminal charges against Ellsberg, eventually dropped, the release of the Pentagon Papers shocks the world, exposes the government lying and helps to shorten the war and save thousands of both American and Vietnamese lives.
The power of principled leaking to call governments, corporations and institutions to account is amply demonstrated through recent history. The public scrutiny of otherwise unaccountable and secretive institutions forces them to consider the ethical implications of their actions. Which official will chance a secret, corrupt transaction when the public is likely to find out? What repressive plan will be carried out when it is revealed to the citizenry, not just of its own country, but the world? When the risks of embarrassment and discovery increase, the tables are turned against conspiracy, corruption, exploitation and oppression. Open government answers injustice rather than causing it. Open government exposes and undoes corruption. Open governance is the most effective method of promoting good governance.
Today, with authoritarian governments in power in much of the world, increasing authoritarian tendencies in democratic governments, and increasing amounts of power vested in unaccountable corporations, the need for openness and transparency is greater than ever. WikiLeaks interest is the revelation of the truth. Unlike the covert activities of state intelligence agencies, as a media publisher WikiLeaks relies upon the power of overt fact to enable and empower citizens to bring feared and corrupt governments and corporations to justice.
With its anonymous drop box, WikiLeaks provides an avenue for every government official, every bureaucrat, and every corporate worker, who becomes privy to damning information that their institution wants to hide but the public needs to know. What conscience cannot contain, and institutional secrecy unjustly conceals, WikiLeaks can broadcast to the world. It is telling that a number of government agencies in different countries (and indeed some entire countries) have tried to ban access to WikiLeaks. This is of course a silly response, akin to the ostrich burying its head in the sand. A far better response would be to behave in more ethical ways.
Authoritarian governments, oppressive institutions and corrupt corporations should be subject to the pressure, not merely of international diplomacy, freedom of information laws or even periodic elections, but of something far stronger - the consciences of the people within them.

3.3 Should the press really be free?

In its landmark ruling on the Pentagon Papers, the US Supreme Court ruled that "only a free and unrestrained press can effectively expose deception in government." We agree.
The ruling stated that "paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell."
It is easy to perceive the connection between publication and the complaints people make about publication. But this generates a perception bias, because it overlooks the vastness of the invisible. It overlooks the unintended consequences of failing to publish and it overlooks all those who are emancipated by a climate of free speech. Such a climate is a motivating force for governments and corporations to act justly. If acting in a just manner is easier than acting in an unjust manner, most actions will be just.
Sufficient principled leaking in tandem with fearless reporting will bring down administrations that rely on concealing reality from their own citizens.
It is increasingly obvious that corporate fraud must be effectively addressed. In the US, employees account for most revelations of fraud, followed by industry regulators, media, auditors and, finally, the SEC. Whistleblowers account for around half of all exposures of fraud.
Corporate corruption comes in many forms. The number of employees and turnover of some corporations exceeds the population and GDP of some nation states. When comparing countries, after observations of population size and GDP, it is usual to compare the system of government, the major power groupings and the civic freedoms available to their populations. Such comparisons can also be illuminating in the case of corporations.
Considering the largest corporations as analogous to a nation state reveals the following properties:
  1. The right to vote does not exist except for share holders (analogous to land owners) and even there voting power is in proportion to ownership.
  2. All power issues from a central committee.
  3. There is no balancing division of power. There is no fourth estate. There are no juries and innocence is not presumed.
  4. Failure to submit to any order may result in instant exile.
  5. There is no freedom of speech.
  6. There is no right of association. Even romance between men and women is often forbidden without approval.
  7. The economy is centrally planned.
  8. There is pervasive surveillance of movement and electronic communication.
  9. The society is heavily regulated, to the degree many employees are told when, where and how many times a day they can go to the toilet.
  10. There is little transparency and something like the Freedom of Information Act is unimaginable.
  11. Internal opposition groups, such as unions, are blackbanned, surveilled and/or marginalized whenever and wherever possible.
While having a GDP and population comparable to Belgium, Denmark or New Zealand, many of these multi-national corporations have nothing like their quality of civic freedoms and protections. This is even more striking when the regional civic laws the company operates under are weak (such as in West Papua, many African states or even South Korea); there, the character of these corporate tyrannies is unregulated by their civilizing surroundings.
Through governmental corruption, political influence, or manipulation of the judicial system, abusive corporations are able to gain control over the defining element of government the sole right to deploy coercive force.
Just like a country, a corrupt or unethical corporation is a menace to all inside and outside it. Corporations will behave more ethically if the world is watching closely. WikiLeaks has exposed unethical plans and behaviour in corporations and this as resulted in recompense or other forms of justice forms of justice for victims.

3.4 Could oppressive regimes potentially come to face legal consequences as a result of evidence posted on WikiLeaks?

The laws and immunities that are applied in national and international courts, committees and other legal institutions vary, and we can't comment on them in particular. The probative value of documents posted on WikiLeaks in a court of law is a question for courts to decide.
While a secure chain of custody cannot be established for anonymous leaks, these leaks can lead to successful court cases. In many cases, it is easier for journalists or investigators to confirm the existence of a known document through official channels (such as an FOI law or legal discovery) than it is to find this information when starting from nothing. Having the title, author or relevant page numbers of an important document can accelerate an investigation, even if the content itself has not been confirmed. In this way, even unverified information is an enabling jump-off point for media, civil society or official investigations. Principled leaking has been shown to contribute to bringing justice to victims via the court system.

Exclusive: Corruption charges to feature in WikiLeaks release

Nov 24, 2010
  Classified U.S. diplomatic cables reporting corruption allegations against foreign governments and leaders are expected in official documents that WikiLeaks plans to release soon, sources said on Wednesday.
The whistle-blowing website said on its Twitter feed this week its next release would be seven times larger than the collection of roughly 400,000 Pentagon reports related to the Iraq war which it made public in October.

Three sources familiar with the State Department cables held by WikiLeaks say the corruption allegations in them are major enough to cause serious embarrassment for foreign governments and politicians named in them.

They said the release was expected next week, but could come earlier.
The detailed, candid reporting by U.S. diplomats also may create foreign policy complications for the administration of U.S. President Barack Obama, the sources said.

Among the countries whose politicians feature in the reports are Russia, Afghanistan and former Soviet republics in Central Asia. But other reports also detail potentially embarrassing allegations reported to Washington from U.S. diplomats in other regions including East Asia and Europe, one of the sources familiar with the WikiLeaks holdings said.

The U.S. government has strongly objected to past WikiLeaks revelations, which it said compromise national security and can put some people at risk.

Past WikiLeaks releases of classified U.S. documents on related to Iraq and Afghanistan have given a battlefield view of both conflicts and sensitive intelligence, but contained few startling revelations.

CREATING TENSION

State Department spokesman P.J. Crowley said Washington was assessing the implications of what WikiLeaks may reveal and was notifying foreign governments "that a release of documents is possible in the near future."

"We decry what has happened. These revelations are harmful to the United States and our interests. They are going to create tension in our relationships,' Crowley said. "We wish that this would not happen but we are obviously prepared for the possibility that it will."

Both the State Department and the Pentagon confirmed they had been in touch with lawmakers on Capitol Hill to inform them of what may be coming.

Sources said three international news organizations which previously published stories based on classified U.S. government documents acquired by WikiLeaks -- the New York Times, Britain's Guardian newspaper and the German weekly news magazine Der Spiegel -- were given access the documents some time ago by Julian Assange, the Australian-born computer hacker who says he is WikiLeaks' founder and leader.
Two of the sources said Assange has also made the documents available to at least two other European publications -- the newspapers El Pais of Spain and Le Monde of France.
Assange did not immediately reply to an email seeking comment.
 
The New York Times, Guardian and Der Spiegel are trying to coordinate when they release their first stories about the material -- likely to be next week -- but one of the sources said that it is unclear whether Le Monde and El Pais will be publishing on the same schedule.

The sources said the documents -- which also report on other local controversies beyond allegations of corruption -- may result in more international uproar than did the earlier release by WikiLeaks of Pentagon reports on the conflicts in Iraq and Afghanistan.

Asked by e-mail to comment on the latest anticipated WikiLeaks release, New York Times Executive Editor Bill Keller told Reuters: "If we had a big story in the works, we'd be disinclined to discuss it before publication."

Source: Reuters

Steve Nash Announces Divorce After Birth of Third Child

November 15, 2010

Steve Nash has had a busy weekend.

On Friday, November 12, Nash welcomed his third child and first son, Matteo. The following day, Nash announced his plans to end his marriage with wife Alejandra.

In a statement given to LS magazine, Nash said: "I want only good things for Ale going forward. I'm focused on ensuring that our children understand how much they're adored and loved by us as they continue to adjust to these changes. I would ask that their privacy, and ours as a family, be respected as we move forward. This will be my only statement on this."

On Sunday, an article by from the media mentioned the possibility of reuniting with former Phoenix head coach Mike D'Antoni and former teammate Amar'e Stoudemire with the New York Knicks.
The Knicks "will make an inquiry," one team source told the media regarding Nash's possible availability.

Nash's current team, the Phoenix Suns, are 5-4 this season but have won their last two games—including a 121-116 win against the defending champions Los Angeles Lakers.

Source:bleacherreport

Indian Bankers Arrested in Bribery Case

Yet another case of endless corruption in India. Education, and greed seems to make people more corrupt. Why should this shock anyone? Corruption is the decay of great civilizations.

Nov 24, 2010

MUMBAI—Indian authorities Wednesday arrested several senior bankers, alleging they took huge bribes to issue corporate loans, the latest in a series of corruption scandals that have rattled the country in recent weeks.

The Central Bureau of Investigation, a crime-investigation agency, arrested eight people: four senior bankers at state-controlled lenders, three from a financial services firm, and one from India's largest insurance company.
P. Kandaswamy, inspector-general at the agency's Special Crime Branch, told a news conference that executives of the financial services firm, Money Matters Group, were allegedly bribing senior officials of state-run banks "for facilitating large-scale corporate loans." Investigators didn't say how much bribe money allegedly changed hands.

If the scandal in any way undermines investor faith in India's banks, it will be a rare black mark for a financial system that has withstood the ravages of the global economic crisis better than almost anywhere else, in part because Indian regulators have been conservative in permitting the more esoteric practices that caused trouble on Wall Street, and in part because India's banks have been domestically focused.

Three Money Matters executives, including its chairman and managing director, Rajesh Sharma, were among those arrested. The others were R.R. Nair, chief executive of mortgage lender LIC Housing Finance Ltd.; R.N. Tayal, general manager at Bank of India; Maninder Singh Johar, non-executive director at Central Bank of India; and Venkoba Gujjal, deputy general manager at Punjab National Bank. The CBI also arrested Naresh Chopra, secretary investment, at state-run insurance giant Life Insurance Corp., which owns 36.5% of LIC Housing Finance.
All eight are in CBI custody until Nov. 29.

In a statement, LIC Housing said the company had followed all guidelines and regulations in approving all loans. The company would take all necessary steps "to ensure that interests of various stakeholders would be fully protected," it said.

Executives at Money Matters couldn't be reached for comment. Speaking to the CNBC-TV18 television channel, S. Sridhar, chairman and managing director of Central Bank of India, said Maninder Singh Johar isn't a bank employee. "It may have nothing to do with the Central Bank of India," he said.

Executives at LIC and the other banks couldn't be immediately reached for comment. Officials at the Reserve Bank of India, the central bank, didn't immediately comment.

India's state-run banks and insurance companies—in particular, LIC—are viewed as holding the public's trust and are considered safe havens with an implicit government guarantee. The accusations against LIC Housing Finance could hurt the steadfast image of LIC, the nation's largest insurance company.

Junior Finance Minister Namo Narain Meena told reporters that these are cases of bribery and that there is "no threat to the banking system." All loans in question are secured and the non-performing loans in the banking sector are less than 1%, he added.

Separately, the federal finance ministry said in a statement it has asked for reports from LIC and the three state-run banks on the matter.

The statement said the chairman of Central Bank of India "has confirmed that as per information available, there is no impact of the above development on asset quality." It added that the chairman of Punjab National Bank has said "there is no information linking the above incidence to any loan account of the bank."

Still, investors were rattled, driving down stocks as news of the arrests broke late in the Mumbai trading day. Shares in LIC Housing Finance slumped more than 18% to 1,068.55 rupees ($23.45). Central Bank of India fell 8% to 197.90 rupees, Punjab National Bank fell 3.1% to 1,264.45 rupees and Bank of India declined 5.9% at 446.40 rupees. Money Matters Financial Services Ltd., part of the Money Matters Group, fell 20% to 531.20 rupees. Others banking and real-estate stock declined, too, dragging the benchmark Sensitive Index 1.2% lower, though one analyst said the market would absorb the news.

"I think the long-term players will not be affected and the growth story of India still remains intact," said Alex Mathews, head of research, Geojit BNP Paribas Financial Services.

The alleged scam comes at a time when there has been a general airing of corruption and malpractice across the political and business spectrum in India. Just a few weeks ago, in an unrelated alleged housing scam, the chief minister of Maharashtra state was forced to resign when it became clear an apartment building for war veterans and widows had been allocated to politicians and their kin.

And in New Delhi, the federal government has been sharply criticized after a government auditor reported that a telecommunications bandwidth allocation in 2008 was so mishandled that it deprived the government of $39 billion in license fees. Even members of the nation's aggressive media have been facing allegations of being too cozy with corporate interests.

The CBI alleged that the loans in question were given to companies including: Lavasa Corp., a unit of Hindustan Construction Co.; Oberoi Realty Ltd.; Ashapura Minechem Ltd.; Suzlon Energy Ltd.; DB Realty Ltd., a part of the Dynamix Balwas Group; and privately owned firms Emaar MGF Land Ltd., Mantri Realty and Kumar Developers Ltd.

Vikas Oberoi, managing director at Oberoi Realty, said the company hasn't taken any loans from LIC Housing Finance "and any other bank in the past three years."

Lavasa President Rajgopal Mugja said the company dealt with many brokers, including Money Matters, for its loans "and there are not illegal transactions that I am aware of."

Dynamix Balwas Group Chairman Vinod Goenka said there was one case when DB Realty used Money Matters to get a loan. "In that particular period, our staff was not available and this is why we must have sought their [Money Matters'] services."

Mantri Realty Chairman Sunil Mantri said the company usually gets its loans through as many as 20 consultants. "We never indulge into such [bribery] activities," he said.
Suzlon said it engaged Money Matters as a financial adviser to raise a loan in 2009. "We are confident that this transaction was in complete compliance, in all its aspects, with all regulatory and legal requirements," the wind-turbine maker said in a statement.

Executives at Ashapura Minechem and Emaar MGF weren't immediately available for comment, while Kumar Developers' officials declined to comment.

 Source: Wall Street Journal Asia

(Judgment) Examination of DIR mandatory before summoning in PWDVA cases Delhi HC

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: September 24, 2010

Date of Order: 8th October, 2010

+ Crl.M.C.No. 1766/2010

% 08.10.2010 Bhupender Singh Mehra ... Petitioner Through: Mr. Brajesh Kumar, Advocate
Versus
State NCT of Delhi & Anr. ... Respondent Through: Mr. Anurag, Advocate for R-2
+ Crl.M.C.No. 1773/2010
% 08.10.2010 Diwan Singh Mehra ... Petitioner Through: Mr. Brajesh Kumar, Advocate
Versus
State NCT of Delhi & Anr. ... Respondent Through: Mr. Anurag, Advocate for R-2

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?

JUDGMENT

By the present petition, the petitioners have assailed order dated 5th November, 2009 passed by the learned Metropolitan Magistrate on an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (in short Domestic Violence Act) made by the respondent. Petitioners are father-in-law and brother-in-law (elder brother of husband) of respondent. The husband in this case was working in New Crl.MC No. 1766/10 & 1773/10 Page 1 of 5 Zealand and had come to India for marriage. It seems that the marriage did not take off at all. The allegations made by the parties against each other are not relevant for deciding these petitions.

2. The respondent in her application under Section 12 of Domestic Violence Act made husband, father-in-law and brother-in-law (jeth) and another brother-in-law (nandoi) as respondents giving a common address. On making of this application, the learned Metropolitan Magistrate, on the very first day, passed the impugned order directing that the complaint be checked and registered as per rules and issued notice to the Protection Officer for filing DIB and directed respondents to be served through Protection Officer with or without help of police/Nazarat branch.

3. Section 12 of the Domestic Violence Act reads as under:

12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such
application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as

compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the Crl.MC No. 1766/10 & 1773/10 Page 2 of 5 amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.


4. It is apparent from the above provision of Domestic Violence Act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by Protection Officer or Service Provider. The order dated 5th November, 2009 of learned MM shows that before serving notice to the respondent, the learned MM did not take into consideration anything and did not even consider the contents of the application and did not try to find out as to whether respondents mentioned in the application satisfied the definition of respondent under Section 2(q) of Domestic Violence Act. Section 2(q) reads as under: 2(q) "respondent" means any adult male person who is or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
Crl.MC No. 1766/10 & 1773/10 Page 3 of 5

5. An application under Section 12 of Domestic Violence Act has to be treated in accordance with provisions given under the Domestic Violence Act. Domestic Violence Act provides for obtaining domestic incident report. The domestic incident report proforma is given in form 1 of the schedule 2 of Domestic Violence Rules. This proforma is in detailed analytical form wherein the details of each incident of domestic violence are to be entered with date, time and place of violence and person who caused domestic violence. The purpose is that all allegations made in application must be specific and the Court should not exercise jurisdiction without considering domestic incident report since it is necessary for the Court to know before issuing any notice to respondent as to who was the respondent who caused domestic violence and what was the nature of violence and when it was committed. The proforma specifies different heads of physical violence, sexual violence, verbal and emotional abuse, economic violence, dowry related harassment and other forms of violence. The proforma also provides for filing of documents in support of the application like medico-legal certificate, list of istridhan and other documents. This domestic incident report has to be signed by the aggrieved person. The application under Section 12 is required to be made in form 2 of the Rules wherein the details of various kinds of reliefs and expenses are to be given. Section 27 of the Domestic Violence Act provides which judicial magistrate Court can have jurisdiction to entertain an application under Section 12 of the Act. Where marriage took place outside Delhi and the parties have lived outside Delhi, it is incumbent upon the applicant invoking jurisdiction of Delhi Court to specify how jurisdiction of Delhi Court was made out. No doubt Section 28(2) gives power to the MM of laying down its own procedure for disposal of an application under Section 12 Crl.MC No. 1766/10 & 1773/10 Page 4 of 5 or under Sub-Section 23(2) but the procedure an MM can adopt cannot be violative of the Act itself or violative of principles of natural justice. The procedure adopted by the learned MM of issuing notice to the respondent without even considering domestic incident report and without going through the contents of the application and without specifying as to why each of the respondent named by the applicant was to be summoned, is contrary to the Act. Only those persons can be summoned who have been in domestic relationship with aggrieved person. Under The Protection of Women from Domestic Violence Act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.

6. The order dated 5th November, 2009 passed by the learned MM is therefore set aside. The learned MM is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 and then only issue notice to them.

September , 2010 SHIV NARAYAN DHINGRA, J. vn

Crl.MC No. 1766/10 & 1773/10 Page 5 of 5

Source: Indiakanoon

Wednesday, November 24, 2010

HC to decide fate of ‘extortionist’ cop

Nov 23, 2010

Probe indicts him for detaining a chemist illegally

Moga, November 23

The Punjab and Haryana High Court will decide the fate of Inspector Satnam Singh, former person in charge of the CIA Staff, Moga, who in a judicial inquiry has been found guilty of illegally detaining a chemist, Apaar Singh, at a local police station. 


The Tribune in its news item, ‘A cop or an extortionist’, published in these columns on February 5 had exposed the nefarious design of the police to extort money from local chemists by threatening them to slap cases against them under the NDPS Act. Satnam Singh was suspended and a departmental inquiry was initiated, which was in progress, against him. The court of Justice Zora Singh has accepted the judicial inquiry report and fixed November 25 as the date of hearing.
A warrant officer of the HC had rescued Apaar Singh, alias Bittu, who was inhumanly tortured, from the clutches of the local police on September 23, 2009. 

He was detained by the CIA Staff when he went there on September 21 to enquire about his brothers, running a drug store, who were picked up by the police for allegedly possessing psychotropic drugs without valid papers. 

Family members of the three brothers filed a habeas corpus writ petition in the high court, in which it was alleged that the police had demanded Rs 50,000 from them to release the three persons. The HC ordered a judicial probe into the incident.

Chief Judicial Magistrate Karunesh Kumar Kakkar, who conducted the judicial probe, in his report submitted to the HC had written, “I am of the opinion that prima facie, Apaar Singhwas found to be in illegal custody of Inspector Satnam Singh, in charge, CIA Staff, Moga.” 


Source: The Tribune,Chandigarh

Dowry Cases Relatives being framed says : HC

Nov 23, 2010

Chandigarh, November 23
The increasing trend of roping in more and more relatives in dowry demand cases has not escaped the Punjab and Haryana High Court’s notice. Justice Nirmaljit Kaur minced no words while saying that complainants more often than not were levelling inflated and exaggerated allegations in such matters. 


Justice Nirmaljit Kaur asserted: Lately, a tendency has developed to rope in all the relations in dowry cases in order to browbeat and pressurise the immediate family of the husband. Accordingly, sometimes inflated and exaggerated allegations are made.
The assertion came after a bunch of petitions for quashing the impugned First Information Report dated October 9, 2008, for subjecting a married woman to cruelty and another offence under Sections 406/498-A of the IPC registered at a City police station, Rajpura, Patiala district. Directions were also sought for quashing “all other subsequent proceedings”.
The petition against the state of Punjab was filed by Balak Ram, 69, and his wife Kamla Devi, following a complaint by daughter-in-law Anita Rani. Her marriage with Naresh Kumar was solemnised way back in 1992 

Seeking the quashing of the FIR, counsel for the petitioners submitted they had got nothing to do with the matrimonial life of the complainant for the last about 17 years and the FIR was an abuse of the process of law. 

It was further stated the complainant left for Rajpura to visit her parental house on November 10, 2007; and did not bother to call and enquire about the two children residing with their father.
Taking up the matter, Justice Nirmaljit Kaur asserted: “In the present case, the FIR was lodged after 17 years of the marriage. There is no allegation qua the demand of dowry. The allegations against the father-in-law and mother-in-law are vague and not specific. However, the allegation of beating is only qua the husband with the specific allegation of use of violence by him against her”.

In her detailed order, Justice Nirmaljit Kaur added: “The present petition qua the petitioners, that is the mother-in-law and father-in-law of the complainant is allowed and FIR number 239 dated October 9, 2008, under Sections 406/498-A of IPC registered at Police Station City Rajpura, Patiala district and all other subsequent proceedings arising out thereto are, hereby, quashed, whereas, plea filed by the husband of the complainant is dismissed as being devoid of merit.

Source: TheTribune

(Judgment) Personal Appearance not mandatory in PWDVA cases

IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 3016 of 2008()

1. VINOD M.S/O. P.K. MURALEEDHARAN NAIR ... Petitioner
2. MANOJ, S/O. P.K. MURALEEDHARAN NAIR,
3. REMADEVI, W/O. P.K. MURALEEDHARAN NAIR,
4. DEEPTHI, D/O. P.K. MURALEEDHARAN NAIR,
5. DEEPA, W/O. MANOJ, AGED 26 YEARS,
Vs

1. NAMITHA, D/O. N.VIJAYAKUMAR,
... Respondent
2. N.VIJAYAKUMAR, S/O. NEELAKANTA PILLAI,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/08/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.3016 of 2008
-------------------------------------
Dated this the 11th day of August, 2008 ORDER

Petitioners are the husband of the 1st respondent and his relatives. The 1st respondent, through her father-the 2nd respondent, had filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The learned Chief Judicial Magistrate has taken the said petition on file as M.C.No.4 of 2008. Notice has been served on the petitioners. The petitioners have already appeared before the learned C.J.M, Thodupuzha. They have now come to this Court with this petition under Section 482 Cr.P.C with a prayer that the proceedings against them may be quashed invoking the extraordinary inherent jurisdiction.

2. What is the ground ? The learned counsel for the petitioners submits that the allegations raised are totally false and are vexatious. The couple had lived together only for about 9 days. They have started living separately and such separate residence is not attributable to any fault on the part of the 1st petitioner husband or his relatives. She is unwilling to cohabit. With the only purpose of causing vexation and harassment to the Crl.M.C. No.3016 of 2008 2

petitioners, proceedings have been initiated before various authorities against the petitioners. A petition for divorce is pending before the Family Court. A prosecution under Section 498 A I.P.C has already been launched. A complaint has been filed before the police. It is in addition to all these that the present petition under the Protection of Women from Domestic Violence Act, 2005 is filed by the 1st respondent through the 2nd respondent, her father. An amount of Rs.10 lakhs is prayed for in such petition. There is also a prayer for restoration of 94 sovereigns of gold ornaments which are allegedly retained by the respondents.

3. Powers under Section 482 Cr.P.C are to be invoked sparingly and in exceptional cases in aid of justice. Sufficient, satisfactory, compelling and exceptional reasons must be shown to exist to justify such invocation. The mere fact that the adversary makes an assertion that the allegations are false is by itself no reason to prematurely terminate the proceedings by invocation of the powers under Section 482 Cr.P.C. Disputed questions of fact cannot obviously be attempted to be resolved in proceedings under Section 482 Cr.P.C.
Crl.M.C. No.3016 of 2008 3

4. I shall carefully avoid any detailed discussions on merits about the acceptability of the allegations or credibility of the data relied upon. Suffice it to say that at the moment and with the available inputs, I find no reason to sail to the conclusion that the proceedings are vexatious or that the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 deserves to be prematurely terminated by invoking the jurisdiction under Section 482 Cr.P.C.

5. The petitioners have a further grievance that the learned C.J.M is unnecessarily insisting on the personal appearance of the petitioners who include the mother in law and two sisters in law. It is submitted that unnecessary insistence on such personal appearance is causing vexation and hardship to the petitioners.

6. I fail to understand how, why and under what circumstances such personal appearance is insisted by the learned C.J.M. It is trite that even though proceedings under the Protection of Women from Domestic Violence Act, 2005 are initiated before a criminal court, the relief claimed is essentially and in its core, civil in nature. Evidently in the interests of Crl.M.C. No.3016 of 2008 4

expedition, the Parliament has thought it fit to entrust the responsibility of operating the Protection of Women from Domestic Violence Act, 2005 with the criminal adjudicatory structure. But that cannot evidently mean that the personal presence of the petitioners can, should, ought to or must be insisted by the learned Magistrate. If they do not appear and are not represented before the learned C.J.M, the worst consequence is only an exparte order. Unless their personal appearance is found to be necessary for any specific purpose and without specifying that specif purpose, the learned Magistrate should not insist on the personal presence of the petitioner. Ordinary on all dates of posting, they shall be permitted to appear through a counsel.

7. This Crl.M.C is, in these circumstances, dismissed. I may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioners to raise all appropriate and relevant contentions before the learned Magistrate in the course of the proceedings.

(R.BASANT, JUDGE)

rtr/-

Source:Indiakanoon