‘I found lapses in 2G Spectrum sale’

Justice Shivraj Patil. Photo courtesy: NDTV

Justice Shivraj Patil, former Judge of the Supreme Court who was appointed to probe the lapses in the sale of 2G spectrum submitted his report to the government a while ago. The one man committee headed by Justice Patil was appointed by the government of India to probe the lapses and also give suggestions to streamline the policy regarding the sale of spectrum in future.

Justice Patil in his report has named officials who are guilty in the telecom department. In this interview with rediff.com, he says that he hopes the mess will be cleared up and also adds that he is hopeful that his recommendations will be considered by the Government in quick time.

Has it been a tough couple of months with this new role that you had been asked to take up?

Yes it has been pretty tough. The job was a tedious one and I have worked hard to study the matter and hand out a report.

Are you satisfied with the manner in which the report has shaped up?

Yes I am. I have completed the work that has been assigned to me. Now it is up to the government to study it and also act upon it.

Does your report deal with names of guilty persons only?

Not exactly. It does name a couple of persons in the telecom department who are guilty and who have flouted norms. Apart from this I have also made a lot of suggestions which if implemented will ensure that a better system is in place.

What is the loss that you have estimated in your report which has been incurred as a result of this scam?

You should understand that I did not have to get into this aspect. The terms and references of this commission were clear that I did not needs to get into that aspect at all. I had to adjudicate the appropriateness of the current norms and also the policy issues and procedures that had been adopted to allocate airwaves to telecom operators since the year 2001.

Have you found there to be lapses in the allocation process since 2001?

Yes I have found some lapses and all that forms part of my report.

Would you like to tell us about the lapses?

It will not be right on my part to reveal that at the moment. I was asked specifically to probe these lapses and submit a report to the government and I have done that in the time given to me. It is now up to the government to study that report and act upon it.

What about the big players such as Raja and the rest? Does your report name all of them?

Once again it is not appropriate to make any comments on that. However the larger issues of this scam were not before me since it did not form part of the terms and references. There are other committees and agencies probing that. I have just stuck to my job and have not deviated from it. The main point of my terms and references involved the lapses which occurred within the department and the other issues were not before me.

Was there any kind of pressure on you?

Not all all. I was allowed to work with independence and there was no sort of pressure on me.

Have you found any major telecom company of NRI players guilty in your probe?

It will not be right for me to comment on that. I have found some persons guilty and I have already said that. But the larger picture will be out in a couple of days and it is better for us to expect the government itself to come out with all those aspects.

Is this commission just a eye wash since the larger issues appear to be more important and your report deals only with the small players?

No how can you say that. Each aspect in this case is important and my part of the inquiry does have bearing. The government was very serious about what it needed when it appointed me to do this job. It is not just an eye wash.

Was four weeks enough to complete the probe?

Yes it was enough. I was not expected to call for records and ob-jections and hence the process was not lengthy. There are issues already before the CAG, the Public Accounts Committee and also the Supreme Court of India. Each one is doing its job or performing its role. Hence mine was a limited brief and so I feel that four weeks was a good enough period. My job was restricted to find out whether the procedures have been followed or not. Moreover it was always my endevour to complete the job early since it is a very important matter.

Normally reports by commissions are never taken seriously by the governments and we have seen that in the past as well. What would you do if your report too meets with the same fate?

There is nothing I can do about it. However I have reasonable expectation that the government will act upon the report for sure. As I said earlier the government set up this commission with a lot of seriousness and expectations and hence I have no reason to believe that they will not act upon it.

Headley’s wife Faiza speaks out for the first time

Photo courtesy: CNN

The name of David Headley has been splashed all over ever since the FBI picked up and announced to the world that he was the one who scouted targets for the horrific 26/11 attack. As news reports started to pour in regarding Headley, there was also another angle which was debated and that was pertaining to his Moroccon wife, Faiza Outalha.

It was reported that she had complained regarding her husband, but it was never taken seriously. However Faiza says that her husband is innocent and he deserves to get out of jail. In this interview with rediff.com which was was facilitated by George Alexander Mapp who is working together with her on an upcoming book project about David Headley, Faiza Outlalha speaks about her experience post David Headley and also her future plans.

How has life been for you after the David Headley revelation?

It has been miserable! I am married to him but not able to talk to my husband. Also I am being called all kinds of different names on an international level. So it isn’t fun at all.

Do you feel that life will be normal again considering this case has drawn such world attention?

I don’t think my life would ever become normal again, because after all this internet drama, as I would call it, I don’t see any normal in it.

What are you planning on doing next?

I try to live the moment, struggle in life, and I hope that none of these organization’s from India, Pakistan, or the USA will bother me.

I just want them to forget my name, or they should be clear and get in touch with me directly, rather then bothering my life in different ways, namely through the media which has mostly misrepresented me and spread lies.

Have your friends and family stood by you in all this?

This a serious case for so many people, my family fought with me because of this, they almost denied me. But yes I had a few close friends, namely George and several others that were more tolerant of my predicament. However, with my family, it was all because of the man that I chose by my self, and then they said to me that I need to be responsible for my own actions, so I agreed to it.

I hear that you will be writing a book. Would you like to share details on what the book would be about?

I will write the book about all my experiences in Pakistan, the culture, religion, my trips to India, society, my life with my husband, my background, how David and I met plus many more interesting and intimate details like crossing the Wagah border post.

Did Headley show any signs of extremism?

I had the greatest time with my husband, he was never an extremist or a terrorist, he’s just like any American, human being, but a Muslim as far as I know.

David was an active hard working business man, good with money, he talked to me about some future projects, and we had lots of things planned together for the future but I guess our destiny is what we both survive today.

David was so open minded, so nice, a free spirit, intelligent, we liked to share ideas, watch movies together, enjoy nice food in elite places, he was an honest man, I could write hundreds of pages on him alone. I’ll say this, he was and still is to me a great and wonderful man, with a unique personality…

You approached the FBI regarding this, but they never took it seriously. Why do you think that is?

Well, I lied about most of the things that I told them, and they understood that I was lying. But then yet with his previous DEA job, that I only found out about later, and with his prison record he had at the time that I went to them, he should have been targeted directly and immediately but he was moving freely and by then it was upsetting me because I had a case against him. For a moment, it was me or him, it has nothing to do with the love or true feelings that I have for him, but then it’s like you want to teach a lesson to someone you love. But then I also wanted to pursue him with the American Law, and they didn’t allow me and made fun of me. Indirectly they told me to get lost, that’s all I understood. I don’t care, but from what I know, my husband is innocent and there is something else going on here, I don’t get it. It is a part of a whole endgame and drama, that I have nothing to do with it.

Do you think David Headley deserved the punishment he got?

I think David Headley should get out of jail soon and that my husband is innocent. But if there are things that I don’t know, or if he was playing a role with me, then I still couldn’t confirm it, but my husband the man that I know, he is not at all a criminal, and he’s innocent!

What are you plans for the future?

I’m just waiting to be able to communicate with my husband, and for now I am just focusing on the book project, and struggling with my life, but I can never predict the future and what else there is. This is a miserable time, and I hope it passes quickly, and I hope we’re able to forget the bad and have some peace of mind inshalla Amin.

Have investigating agencies been harassing you or is there peace now?

The only investigating agencies harassing me indirectly are the NIA, and I do not really feel good about it, and I would hope that they will just forget about me, cause I’m just a woman, and I have nothing to do with all this drama. Someone told me there is a case against me in India, and I don’t understand for what. I’m not hiding or running away, I just want them to understand that I’m not going to fulfill their desire, and they better forget about me.I want also to know why, they spread my name all over the internet, only me, but not the other two wives, and yet I am not able to talk to my husband, are they targeting me somehow, or is there another drama that I should wait for.

‘Muslims cannot forget what Modi did’

Photo courtesy: Wikipedia

Maulana Gulam Mohammad Vastanvi is mired in controversy thanks to his pro-Modi remarks. There has been so much outrage amongst his own community that he was forced to resign as the vice chancellor of Islamic seminary Darul Uloom Deoband.

This reaction clearly shows that the Muslims in India are still not prepared to move on from Modi and anything good said against the Gujarat Chief Minister is still viewed as a crime.

Editor of the Milli Gazette and former President of the All India Muslim Majlis-e-Mushawarat , Dr. Zafrul Islam Khan feels that this entire controversy is a result of a war between two internal faction of the Darul Uloom. In this interview with rediff.com, Dr Khan says that the Maulana had not give a clean chit to Modi but also goes on to add that no Muslim can ever forget what Modi did in 2002.

What do you make out of the entire Vastanvi controversy?

It is a war between two internal factions in Darul Uloom. They have joined hands to oust an outsider. The Modi comment, grossly misquoted, offered them a convenient ploy to achieve this aim. They would have waited for some other ruse to achieve their aim. The two functions fear that if an outsider takes over Darul Uloom and stays there for long, they will be sidelined. In his Times of India statement, Maulana Vastanvi did not give a “clean chit” to Modi as claimed by his detractors. Instead, the TOI report clearly said that he did not give clean chit to Modi but some reckless Urdu newspapers reported that he gave clean chit to Modi.

Was there anything wrong in what he said?

No. What he said was only that today’s Modi is focusing on development and that the fruits of development are reaching all who live in Gujarat which of course includes Muslims. He did not condone the 2002 riots and did not call for the withdrawal of cases or their dilution.

There continues to be anger among the Muslim community despite him saying he was misquoted and also his decision to resign. Why is that?

The anger is limited to a section of the community which is under the influence of the two factions I referred to earlier. Urdu media by and large has not played up on this controversy. The only exception are two Urdu newspapers published from Delhi which are notorious for publishing “paid news,” so much so that one of them, Sahafat, yesterday (26 January) devoted its whole front page to sensational news with shrieking headlines which was mostly concocted and baseless. The agitation inside Darul Uloom Deoband is limited to around 2-3 dozen students and perhaps to two teachers while a majority supports Maulana Vastanvi inside the institution and outside it in the town of Deoband as well as across India as he has a very clean and unblemished image of a cleric who is open to modern education and has already achieved a lot single-handedly. His institution at Akalkuwa in Maharashtra is larger than Darul Uloom and has, beside a reputed madrasa, colleges of engineering and medicine etc which are on the placement list of big companies like Tata. He also runs dozens of institutions across India.

A person is permitted to speak his mind in a democracy. Is it fair on part of the rest of the Muslims to vent their anger against him?

The issue of democracy is precisely what is at stake here. Maulana Vastanvi has been duly elected by the highest body of Darul Uloom, viz. Majlis-e Shoora (Consultative Council). He secured eight votes while other contenders received only four (Maulana Arshad Madni) and two (Maulana Abdul Khaliq Madrasi) votes respectively. In this situation, he should be allowed to function and show his performance which Majlis-e Shoora alone could evaluate in a year or two. Forcing such a person with impeccable track record because of a handful of noisy protesters working for factions which refuse to come out openly, is anti-democratic.

Do you think that there is a section of the Muslim community which wants to change its opinion about Modi, but are not being allowed to do so?

The Muslim community cannot forget or forgive the 2002 pogroms. Modi is sheltering the culprits and trying to frustrate justice. Justice must be done to the victims of 2002 riots but at the same time Muslims inside Guarat and outside are not blind to the fact that Modi is trying to change, is concentrating on development and is also trying to project a secular image and giving some space to Muslims in his administration and even inside the BJP.

What is your thinking on the plight of Muslims in Gujarat today? Is it really bad or is this just media hype?

There is no doubt that Muslims in Gujarat are still living under fear. The pogrom victims are yet to get justice. Hundreds of Muslim youths arrested on trumped up charges are still languishing in Modi’s jails. Proper compensation is yet to be paid to the victims. Something like 30,000 riot victims are still languishing in refugee camps across Gujarat unable to go back to their villages and lands. Modi even returned central government funds claiming that there was no need for them. But at the same time, Modi and his party in Gujarat are trying to change their image and Gujarat Muslims are feeling the change but it is still not sufficient.

Is it time to move on, on the Narendra Modi issue? Is the Muslim community ready for that?

The changes in Gujarat are not enough for us to move on and the Muslim community at least outside Gujarat are not ready to move on, though many Gujarati Muslims for obvious reasons want to open a new page without forgetting 2002 or forgiving its perpetrators led by Modi.

The Deoband students appear to want Vastanvi to stay on. What are your thoughts about that?

My information is that the vast majority of both students and teachers want Maulana Vastanvi to stay on. Yesterday (26 January) many students demonstrated in Darul Uloom demanding he stays as their rector.

He has been branded as RSS. Don’t you feel that the issue was pushed too far?

This branding was not done by Muslim leaders or masses in general. This irresponsible talk is limited to a few Urdu newspapers which are notorious for paid news.

He says that he has stated the fact. There is no violence in Gujarat and the Muslims are doing business over there. What was wrong in that?

What he says is about Gujarat 2011. It is a fact that there is no anti-Muslim violence in Guajarat today because the BJP has learnt a lesson and paid heavily for its earlier crime. It is also a fact that Gujarati Muslims, known for their business and entrepreneur skills, have stood again on their feet even without government help.

About the Gujarat riots he says that the guilty should be punished, but Muslims need to move ahead. What do you make of that statement?

Muslims share Maulana Vostanvi’s demand that the guilty in 2002 riots should be punished. There is no difference of opinion among the vast Muslim community on this matter. The only exception may be the few paid by the RSS in the rag tag “Muslim Rashtriya Manch” put together by terror-tainted Indresh Kumar.

Church attacks- no wrong doing by BJP

In a major reprieve of sorts the Justice Somashekhar Commission of Inquiry probing the Church attacks case has given a clean chit to the Bharatiya Janata Party and the Sangh Parivar in Karnataka.

The Committee which was set up almost two years back following a spate of attacks on Church particularly in the Mangalore belt has said that there is no merit in the allegations made against the BJP and the Sangh Parivar. “ The Commission goes on to say that there is no basis to the apprehensions of the petitioners before the commission that the politicians, BJP, Sangh Parivar and also the state government are directly or indirectly involved in the attacks. These observations were made in the final report that was submitted to the Chief Minister of Karnataka, B S Yeddyurappa on Saturday.

The commission further goes on to state that there was an allegation as well as an impression created that top police officials with the district administration had colluded with the attackers who descecrated the Churches. The Commission pointed out that there is no merit in this allegation.

The Commission has however given a little bit of a breather to the Christian community in Karnataka who were most affected by these attacks. It has said that the Government and the district administration ought to have treated the Christian protestors with sympathy and this had not been done.

This commission also goes on to give out a list of recommendations in which it says that there should be an exclusive police station only dealing with religious matters. Such a police station should have specially trained police officials who can deal with such matters with a human touch. Further the commission adds that such police stations should function without the interference of the state government.

The commission was set up in October 2008 and had before it a total of 1500 petitions. There were 34 advocates in all who represented the various groups from Mangalore, Udupi, Davangere and also Bangalore.

The Mir headache for India

Mir? Photo courtesy: domain-b.com

He continues to be out in the open and that is bad news for India. Sajid Mir the chief plotter of the 26/11 attack continues to throw open a lot of questions and there is still plenty of confusion regarding this man. Indian agencies who term him as the biggest threat to India’s security say that he is extremely well connected with the Pakistan establishment but did not hold a rank in the army as was being speculated.

The confusion regarding Sajid Mir commences with his name. While investigators from the United States identify him as Sajid Mir, the Indian dossier on this man refers to him as Sajid Majid.

The 26/11 attacks may be two years old, but the investigations continue almost 24/7 since there appear to be a lot of unanswered questions regarding this attack. While the NIA and the Intelligence Bureau have managed to get a clear picture on the manner in which the attack was carried out there still is confusion regarding the operation of David Headley, the role played by Major Iqbal and more importantly Sajid Mir.

What Indian intelligence agencies have managed to ascertain so far is that his was the voice which ordered the killings at the Chabhad House. They have also managed to find out through the conversation that he had attempted a hostage sweep but at the end of it that had failed.

The question as to who Mir is continues to haunt the Indian investigating agencies. However a source in the IB told rediff.com that he was well connected with the Pakistani establishment, but was never part of the army as had been claimed by various other investigating agencies.

Mir according to the Indian dossier is a global operator and he has even been convicted in absentia by a French court. He never restricted himself to Pakistan and has travelled the globe extensively to set up bases for the Lashkar-e-Tayiba which is evolving into a global outfit.

India has confronted Pakistan on various occasions regarding Mir, but the response was an expected one at all times. Pakistan continues to deny the man’s existence on their soil. The IB say that this was an expected response since any information on him from Pakistan would be suicidal for them.

His strong connections to the Pakistan establishment go back several years back when he was arrested in Dubai. He was picked up there as he was involved with a group of men in connection with a plot. However he managed to get out in no time and this only went on to show the strong connections he had within the system. That in fact was the last any one saw Mir.

The case of Mir is not a confusing one for India alone. Agencies across the globe who are probing his antecedents do not have anything concrete on him. The IB says that the problem begins with his name and we are very sure that he has not been using his actual name which is why no Pakistan is able to deny his existence. This man who has been termed as ruthless as well as charming goes by several aliases such as Abu Bara, Uncle Bill Ibrahim, Wassi and Sajid Bill.

His name had also cropped up in the David Headley interrogation by the NIA. He makes several references to him and going by what Headley said it became clear that Mir was the one who controlled most part of the operation including the Headley tour of India.

Indian investigators say that it was Mir who laid the ground work for the attack on India. There is a report by the Indian agencies which suggests that he had travelled to India as a cricket fan and used this opportunity to identify several targets which were later scouted by Headley.

The NIA says that it will need go back to this particular incident when Mir had come down as a cricket fan and probe deeper in order to find out more. This part of the probe will be very crucial since it will help establish the Mir angle with more certainity.

The reason why Mir decided to take the plunge by himself was because it was he who had to break the news that the Lashkar would be withdrawing from Afghanistan and he noticed that the forces had become completely demoralized. However according to files in India, he did not stay on too long and was summoned back to Pakistan since the establishment over there thought it to be too risky to let him wander around in India.

It was only when Mir met with Headley did the plan begin to materialize. The rest is a well known fact and the investigation of Headley by both the NIA and FBI make it clear that Mir was the one who controlled the operation.

Mir, according to the IB is a blue eyed boy of the Lashkar and his association with the dirty world of Islamic terror commenced when he was just 16. He looked up to Hafiz Saeed as a father figure and has been with him ever since. There was also a conflicting report that he had joined the army in Pakistan as a Major. However the Indian agencies believe that he was and continues to be well connected with the ISI and could have been part of them. His association with the Pakistan armed forces has been very thick and continues to remain that way since the establishment across the border relies very heavily upon him.

Pro Publica which reported extensively on Mir highlights the confusion surrounding this man. It says that the Interpol notice against Mir is mired in confusion. “The Indian warrant identifies him as Sajid Majid, but most investigators still call him Sajid Mir, saying Majid may be his true name or one of several aliases. Interpol says his birthdate is Jan. 1, 1978, which would make him 32. But Headley, his star operative, told Indian investigators Mir was born in 1976, according to a 119-page report on his interrogation in Chicago last year by India’s National Investigation Agency. Most investigators think he is in his mid to late thirties, “ Pro Publica also reports.

The Indian dossier goes on to state that his hatred for India was thanks to his father who was born in India. He was drilled with horror tales about partition from a very young age which prompted him to take up arms against India.

A testimony before a French Court which sentenced in absentia states that he joined the Lashkar when he was 16 and rose very quickly to become the head of the Lahore unit. His knowledge of the world and the manner in which he could grasp things ensured that he was promoted as one of the chiefs of the Lashkar’s foreign wing. His primary role was to pick foreign recruits and throw them into the open so that they could undertake jihad globally. During his early stint with the Lashkar he focused primarily on Canada, Qatar, Syria and Thailand and has also travelled to these countries.

The Headache for India: Today Mir is focused entirely on operations in India and the manner in which he successfully carried out a flaw less 26/11 attack has only made the ISI more determined to retain him for India operations.Mir may be lying low where the India angle is concerned now due to obvious reasons since the heat is very high on him. However it does not appear that the ISI will sacrifice his expertise with India only because of this.

Investigations which continue unabated by the NIA into the Headley angle have revealed that he kept in touch with Mir at all times. Further what is even more dangerous is that Mir has in his possession the tapes and information provided by Headley which have not been attacked. There is a pile load of information that Mir has access to thanks to Headley an investigating officer said. This is always a dangerous situation for India and from the 26/11 attack what we have seen is that Mir is capable of undertaking spectacular attacks and that too with a lot of precision.

The IB says that a lot is at stake as long as Mir continues to wander around in the open. He is very much in Pakistan since the ISI would not want him out of their sight since appears to be more important than any of the leaders that the Lashkar has today. They would want full utility out of him and are aware that not only can he continue being a headache for India, but he is also on his way of setting up a global network which is of extreme importance both for the Lashkar as well as the ISI.

Need to win the hearts of Kashmiris

Kashmir is on the boil and this time the issue is the Ekta Yatra. While the Bharatiya Janata Party is hell bent on hoisting our national flag at Lal Chowk, the ruling Congress appears to be doing everything under the sun to prevent such an event.
S A R Geelani, Professor in the Delhi university who was acquiited in the Parliament attack case four years back has been closely associated with the Kashmir issue. He has been on an India wide tour recently to portray the real picture of the crisis in Kashmir. He feels that the Bharatiya Janata Party is wrong in its actions and instead of trying to win over the hearts of the people, they are only trying to show that they want to rule over them. In this interview with rediff.com, Geelani points out that the BJP is making an issue because they do not have an issue and also the Hindus in Jammu are against the flag hoisting proposed by the Bharatiya Janata Party.

What are your thoughts on the BJP wanting to hoist the National Flag at Lal Chowk?
I am against this since I feel it is not necessary and a controversy is unnecessarily being raked up. This is something that could have been avoided.

Why according to you is the BJP raking up this issue?
I think the whole issue is that the BJP does not have an issue. There are so many other issues to deal with but they seem to be holding on to this one as they want to rake up public sentiments. The BJP likes to believe that they are nationalists. A B Vajpayee had initiated a peace process and these people are disrupting it. The fact is that they are out of power and do not have to worry about issues pertaining to development or relief works. Hence they have decided to rake up a public sentiment.

But why is there such a tussle regarding this issue?
The thing is that most Kashmiris do not consider themselves as part of India. They would not take it too kindly if the flag is hoisted over there.

So what do you think must be done then?
I think what the BJP should ideally be doing is winning the hearts of these people who do not consider themselves to be part of India. By going on the offensive and raking up public sentiments nothing can be gained or achieved.

Why ask the BJP alone to do that? What are the rest of them doing to reach out to these people?
We have tried to reach out to the people. This is a long process and have been going around telling people about this problem. The BJP, instead of trying to move forward and address the real issue are spoiling everything by raking up such issues.

It is the National Flag we are speaking about. What is wrong in hoisting it?
There is nothing wrong. But why pick on places where there is a dispute. Let us try and win their hearts first so that they themselves come forward and do the same. The Flag will be hoisted in Srinagar anyways on January 26th. Is that not enough?

What happened the last time the BJP hoisted the flag in 1992?
They did it many years back. But that was not an event at all. Did it involve the people? No it did not. It only annoyed the people. Moreover there were no people with Murali Manohar Joshi at that time. There were just security personnel protecting him.

There is so much hype around this issue. Do you think that the Congress should have so aggressively blocked the BJP?
There should not have been any sort of hype. The BJP continues to challenge the people of Kashmir. The Congress could have buried this issue quietly and dealt with the BJP in a better manner. The whole issue could have been sorted out in New Delhi itself and should not have reached Kashmir in the first place.

The BJP seems to have a lot of support. You cannot deny that.
They are sure whipping up a national sentiment. However within Kashmir there is no support what so ever. The people of Kashmir did not need this issue at the moment since there are a lot of other problems on hand they have to deal with. Look at Jammu for instance. All the Hindus there too do not want this issue since they feel that it will not serve their needs. The people you see there supporting the BJP are all from outside and no person within the state supports the BJP on this issue.

Are you worried that there will be some retaliation from terrorists in Pakistan if this event goes on?
This is not about that at all. This is about alienating the people of Kashmir. If this event goes on then the people of Kashmir will feel alienated.

What exactly do the people of Kashmir want? It seems impossible to please them.
We need to win over their hearts. It is a process but it can happen. No one should impose things on them. They should not be given a feeling that they are ruled over. However what the BJP is doing now only shows that they want to rule over the people of Kashmir.

How has the handling by the Chief Minister of Jammu and Kashmir been?
He has done nothing. Instead he has added to the hype that this issue is already getting for no rhyme or reason. He should have been in the state and handled the issue. Instead he came to Delhi and made national headlines. This is not the way to deal with a situation like this. The Congress on the other hand seems to have some other agenda on hand. They wanted this issue to become big so that the focus is taken off their scams and they have managed to do that very well.

Fahim-Saba to petition SC to include Headley

The appeal by the Mumbai police in the 26/11 case does not mention the name of David Headley. The appeal in fact continues to mentioned the names of Fahim Ansari and Sabahuddin as the two men who carried out the survey of the targets.

Now there is expected to be a small twist to these proceedings with a plea being filed in the Supreme Court of India to include David Headley in the proceedings before the Bombay High Court. Ejaz Naqvi, counsel for Sabahuddin told rediff.com that he would be filing a petition before the Supreme Court of India to make David Headley a party to the proceedings before the Bombay High Court which is hearing a set of three appeals in connection with the 26/11 case.

The contention is that David Headley had confessed to his crimes and the same has been recorded by both a court in the United States of America as well as the National Investigating Agency. When the matter stands thus, it would be appropriate to include the name of Headley in the ongoing proceedings before the Bombay High Court.

However the prosecution has not once mentioned the name of Headley during the appeal. Fahim Ansari and Sabahuddin were acquitted for want of evidence by the lower court and the state had gone in appeal against this while also seeking confirmation of the death sentence handed out to Ajmal Kasab.

Now there is a reason why the prosecution has remained silent about the David Headley angle while arguing the matter. When the David Headley angle first came out the crime branch had filed an application under Section 173(8) of the Code of Criminal Procedure to probe this angle further. An order was passed by the lower court permitting the crime branch to look into this angle and file further evidence before the court.

However sources now inform that there has not been any progress on this front and the police have not been able to establish any proper evidence in respect of David Headley. This is the primary reason why they are not even mentioning his name during the proceedings before the High Court.

The case is however mainly being handled by the National Investigating Agency. The agency which managed to interrogate Headley in the US is in possession of his statement in which he speaks about his operation in the city which led up to the 26/11 attack. However it would be a while before the NIA builds up the entire case and puts into perspective his confession and also the evidence they have managed to gather from the ground.

However all is not lost and it is not as though the Headley angle would never come up before the court ever. Once the NIA chargesheet is ready, they can always move the trial court first and request it to try Headley in absentia. The trial court can also hand out a sentence to Headley, but the same would be in absentia since he cannot be extradited to India as a result of his plea bargain arrangement that has been made in the US court before he confessed to his crimes.

Now application to summon HDK

H D Kumaraswamy. Photo courtesy: article.wn.com

Seeking to drag matters further, another application has been filed before the Special Sessions court seeking a direction to produce former Chief Minister and Janata Dal (S) leader, H D Kumaraswamy before it.

The application filed before the Special Sessions court which is hearing two complaints filed against B S Yeddyurappa in connection with a land scam states that unless Kumaraswamy is brought before the court proceedings cannot continue. The applicant states that there is an allegation made against Yeddyurappa stating that he had denotified land at Rachenahalli in order to favour his family members. The new application before the court states that the facts have been jumbled and Yeddyurappa had denotified only a small portion of the land. However the major portion of the land was denotified by Kumaraswamy who was the CM before Yeddyurappa and strangely his name does not figure in this complaint.

This application which has been filed under Section 319 says that offences should not be made selective and all those involved in illegalities should be brought before the same forum and justice should be equal to all.

The court will hear this application on January 31 when it commences proceedings next. On the same day it will also hear an application filed by the son-in-law of Yeddyurappa and also the main case filed by the two advocates who are seeking prosecution of the Karnataka Chief Minister in connection with 15 charges pertaining to various land scams.

CM had no moral right to continue: Congress
The Congress in Karnataka has decided to hold a mammoth rally in Bangalore demanding the dismissal of the B S Yeddyurappa government. The Congress says that it would hold this rally on January 30th at the Palace Grounds in Bangalore where scores of people are likely to attend.

The rally is being held to step up the pressure to dismiss the B S Yeddyurappa led BJP government in Karnataka. The Congress says that the CM had no moral right to continue after the Governor had accorded sanction to prosecute him.

15 charges which Yeddi faces

B S Yeddyurappa, Chief Minister of Karnataka finds himself in yet another controversy and he will wait with bated breath for the decision of the Special Court which will start hearing the matter at 2 PM on Monday.

So, what will the special court hear today and what the charges that the Karnataka Chief Minister will have to answer to? The scam as alleged in the complaint is to the tune of Rs 189.71 crore and this amount is divided into 15 different cases which will be heard by the court today.

1.16 acres of land under Sy Number 56 at K R Puram were denotified in the year 2008 and was transferred to M/s Davalagiri Property Developers Private Limited. The land worth Rs 7.4 crore was transferred to this company in which the Chief Minister’s sons and son-in-law are 75 per cent share holders.

2.A road measuring 47,972 sq ft in Vyalikaval HBCS Nagawara was illegally amalgamated and the same was purchased by M//s Davalagiri Property Developers. The company gained Rs 16.26 crore due to this.

3.An acre and 2 guntas of land under survey number 55/2 at K R Puram was denotified and the gain in this was Rs 19.6 crore.

4.2 acres and 5 guntas of land was denotified at the Arkare village. Out of this 1.75 acres was sold to a close associate of the Chief Minister who gained Rs 25.39 crore due to this.

5.9 guntas in survey number 10/1 and 14 guntas in survey number 10/11F of Lottegollahalli, Bangalore was denotified 14 guntas of land in survey number 10/11F was denotified in favour of home minister R Ashoka.

6.Conversion of agricultural lands in Anekal taluk to non-agricultural purpose by modifying zoning regulations was beneficial to M/s Bhagath Homes Pvt Ltd and M/s Davalagiri Property Developers Pvt Ltd, both promoted by CM’s family members. The companies benefited Rs 3 and Rs 2.5 crore due to this.

7.2 acres and 5 guntas of land in survey number 149 of Agara village was denotified in January 2010. 16,000 sq ft and 5,000 sq ft, was sold M/s Elyon Developers Pvt Ltd represented by its director S S Ugendar for Rs 1.76 crore and Rs 44 lakh respectively. Bangalore Development Authority incurred a loss of Rs 74.05 crore due to this.

8.CM allots 100 acres of land at Machenahalli-Honnavile Industrial area, Shimoga district, in favour of M/s E Rama Murthy Power Pvt Ltd promoted by Praveen Chandra. He also granted mining lease for iron ore and manganese ore in 330 acres in Ramajjanahalli Kaval and Mallapura villages of Hosadurga taluk in favour of Praveen Chandra.

9.11 acres and 25 guntas in survey number 15/1 and 15/2 of Srirampura village denotified to benefit M/s Besto Infrastructure Bangalore Pvt Ltd, whose promoter is a partner with the CM’s family in Davalagiri Property Developers Pvt Ltd. Land. The land was denotified in favour of Dr B R Shetty, who in turn sold 2 acres and 20 guntas to Besto Infrastructure Bangalore for Rs 3.75 crore when the market price was Rs 54.45 crore.

10.33 guntas in survey number 21/3 of Kempapura village, 1 acre 36 guntas in survey number 6/2A, 23 guntas in survey number 6/2C and 23 guntas in survey number 6/2B in Hebbala Ammanikere was denotified to benefit Prakash Shetty of M/s Trishul Developers.

11.The CM denotified 9 acres of land at Rachenahalli and the owners of these lands sold 1 acre 23.2 guntas for Rs 2.55 crore to M/s Health Zone Advisors (India) Pvt Ltd when the market value was Rs 34.41 crore.

12.10 acres in survey number 121 of Uttarahalli village was denotified on the request of BJP MLA Dr Hemachandra Sagar.

13.5 acres and 13 guntas of land in survey number 78 of Nagarbhavi village denotified in violation of Supreme Court and High Court orders causing loss of Rs 115 crore to the BDA.

14.Illegal allotment of a site in RMV II Stage, Bangalore, by CM in favour of his son B Y Raghavendra. This property was however returned when the allegations started to pour in.

15.Allegation that the CM helped Adarsh Developers and took favours in return to the tune of Rs 5 crore.

Another twist to the Yeddi case

Adding another twist to the proceedings against Karnataka Chief Minsiter B S Yeddyurappa, his son in law Suhan Kumar has filed an application seeking stalling of the proceedings. The special court which is hearing the two complaints has directed Kumar to file his objections by January 31 when the case comes up next for hearing.
When proceedings commenced this afternoon the CMs son in law said in his application that the matter cannot go on without him being heard. Kumar who is also a party to the proceedings said that he ought to be given a right of hearing.
C H Hanumantharaya coinsel for the two complainants however argued that this case was between a private party and the court and hence such an application could not be entertained.
The court however said that he be given a chance and permitted him to file his objections. The matter will come up next on January 31.