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Showing posts with label Review. Show all posts
Showing posts with label Review. Show all posts

Saturday, July 16, 2011

Black money: Govt files review petition in SC - Chandigarh Tribune

Black money: Govt files review petition in SC
Opposed to SIT headed by judges & inclusion of RAW chief in it
R Sedhuraman
Legal Correspondent

New Delhi, July 15
The government today filed a petition in the Supreme Court seeking recall of the court?s July 4 order for setting up a 13-member Special Investigation Team to probe all aspects of the black money issue as part of efforts to bring back massive amounts illegally stashed in secret bank accounts overseas.

A Bench comprising Justices B Sudershan Reddy (now retired) and SS Nijjar had passed the order specifying that former apex court judges BP Jeevan Reddy and MB Shah would be the chairman and vice-chairman of the SIT that would include the chiefs of the CBI, Intelligence Bureau, Enforcement Directorate, Revenue Intelligence and the Research and Analysis Wing (RAW) that deals with external intelligence.

The government?s review petition has taken specific exception to the inclusion of the RAW chief as operations of the wing were not generally disclosed. The petition also maintained that handing over the investigations to persons and agencies that did not have the mandate under law had disturbed the delineation of powers ensured under the Constitution.

In fact, some legal experts had already questioned the wisdom of appointing former Supreme Court judges to head the investigations and prepare the chargesheet, as this would result in a peculiar problem -- the trial court would have to sit in judgment over a chargesheet vetted by former apex court judges.

The SC Bench had slammed the government for conducting the investigations ?at a laggardly pace? even in case of ?named individuals,? including Pune-based stud farm owner Hasan Ali Khan, against whom the Income Tax Department had issued a demand notice for payment of Rs 70,000 crore in tax arrears and penalty.

The Bench had passed the order on a bunch of PILs seeking steps to bring back black money to the tune of over $1 trillion taken out of the country illegally by individuals and entities to evade tax.

Among the petitioners are former law minister Ram Jethmalani and Punjab Police former chiefs KPS Gill and Julio F Riberio.

Then Solicitor General Gopal Subramanium had argued for the government in the case. He had put in his papers on July 9 after feeling insulted by his replacement in the 2G case for a specific hearing. His resignation was accepted yesterday.

In the review plea, the government has also maintained that the high-power committee set up with the Revenue Secretary as its head was sufficient to conduct investigations as it had the chiefs of all relevant agencies as its members. The apex court had directed the government to convert this committee into a SIT, with the addition of the RAW chief and the two former judges. 

Black money: Govt files review petition in SC - Chandigarh Tribune

Black money: Govt files review petition in SC
Opposed to SIT headed by judges & inclusion of RAW chief in it
R Sedhuraman
Legal Correspondent

New Delhi, July 15
The government today filed a petition in the Supreme Court seeking recall of the court?s July 4 order for setting up a 13-member Special Investigation Team to probe all aspects of the black money issue as part of efforts to bring back massive amounts illegally stashed in secret bank accounts overseas.

A Bench comprising Justices B Sudershan Reddy (now retired) and SS Nijjar had passed the order specifying that former apex court judges BP Jeevan Reddy and MB Shah would be the chairman and vice-chairman of the SIT that would include the chiefs of the CBI, Intelligence Bureau, Enforcement Directorate, Revenue Intelligence and the Research and Analysis Wing (RAW) that deals with external intelligence.

The government?s review petition has taken specific exception to the inclusion of the RAW chief as operations of the wing were not generally disclosed. The petition also maintained that handing over the investigations to persons and agencies that did not have the mandate under law had disturbed the delineation of powers ensured under the Constitution.

In fact, some legal experts had already questioned the wisdom of appointing former Supreme Court judges to head the investigations and prepare the chargesheet, as this would result in a peculiar problem -- the trial court would have to sit in judgment over a chargesheet vetted by former apex court judges.

The SC Bench had slammed the government for conducting the investigations ?at a laggardly pace? even in case of ?named individuals,? including Pune-based stud farm owner Hasan Ali Khan, against whom the Income Tax Department had issued a demand notice for payment of Rs 70,000 crore in tax arrears and penalty.

The Bench had passed the order on a bunch of PILs seeking steps to bring back black money to the tune of over $1 trillion taken out of the country illegally by individuals and entities to evade tax.

Among the petitioners are former law minister Ram Jethmalani and Punjab Police former chiefs KPS Gill and Julio F Riberio.

Then Solicitor General Gopal Subramanium had argued for the government in the case. He had put in his papers on July 9 after feeling insulted by his replacement in the 2G case for a specific hearing. His resignation was accepted yesterday.

In the review plea, the government has also maintained that the high-power committee set up with the Revenue Secretary as its head was sufficient to conduct investigations as it had the chiefs of all relevant agencies as its members. The apex court had directed the government to convert this committee into a SIT, with the addition of the RAW chief and the two former judges. 

Black money: Govt files review petition in SC - Chandigarh Tribune

Black money: Govt files review petition in SC
Opposed to SIT headed by judges & inclusion of RAW chief in it
R Sedhuraman
Legal Correspondent

New Delhi, July 15
The government today filed a petition in the Supreme Court seeking recall of the court?s July 4 order for setting up a 13-member Special Investigation Team to probe all aspects of the black money issue as part of efforts to bring back massive amounts illegally stashed in secret bank accounts overseas.

A Bench comprising Justices B Sudershan Reddy (now retired) and SS Nijjar had passed the order specifying that former apex court judges BP Jeevan Reddy and MB Shah would be the chairman and vice-chairman of the SIT that would include the chiefs of the CBI, Intelligence Bureau, Enforcement Directorate, Revenue Intelligence and the Research and Analysis Wing (RAW) that deals with external intelligence.

The government?s review petition has taken specific exception to the inclusion of the RAW chief as operations of the wing were not generally disclosed. The petition also maintained that handing over the investigations to persons and agencies that did not have the mandate under law had disturbed the delineation of powers ensured under the Constitution.

In fact, some legal experts had already questioned the wisdom of appointing former Supreme Court judges to head the investigations and prepare the chargesheet, as this would result in a peculiar problem -- the trial court would have to sit in judgment over a chargesheet vetted by former apex court judges.

The SC Bench had slammed the government for conducting the investigations ?at a laggardly pace? even in case of ?named individuals,? including Pune-based stud farm owner Hasan Ali Khan, against whom the Income Tax Department had issued a demand notice for payment of Rs 70,000 crore in tax arrears and penalty.

The Bench had passed the order on a bunch of PILs seeking steps to bring back black money to the tune of over $1 trillion taken out of the country illegally by individuals and entities to evade tax.

Among the petitioners are former law minister Ram Jethmalani and Punjab Police former chiefs KPS Gill and Julio F Riberio.

Then Solicitor General Gopal Subramanium had argued for the government in the case. He had put in his papers on July 9 after feeling insulted by his replacement in the 2G case for a specific hearing. His resignation was accepted yesterday.

In the review plea, the government has also maintained that the high-power committee set up with the Revenue Secretary as its head was sufficient to conduct investigations as it had the chiefs of all relevant agencies as its members. The apex court had directed the government to convert this committee into a SIT, with the addition of the RAW chief and the two former judges. 

Black money: Govt files review petition in SC - Chandigarh Tribune

Black money: Govt files review petition in SC
Opposed to SIT headed by judges & inclusion of RAW chief in it
R Sedhuraman
Legal Correspondent

New Delhi, July 15
The government today filed a petition in the Supreme Court seeking recall of the court?s July 4 order for setting up a 13-member Special Investigation Team to probe all aspects of the black money issue as part of efforts to bring back massive amounts illegally stashed in secret bank accounts overseas.

A Bench comprising Justices B Sudershan Reddy (now retired) and SS Nijjar had passed the order specifying that former apex court judges BP Jeevan Reddy and MB Shah would be the chairman and vice-chairman of the SIT that would include the chiefs of the CBI, Intelligence Bureau, Enforcement Directorate, Revenue Intelligence and the Research and Analysis Wing (RAW) that deals with external intelligence.

The government?s review petition has taken specific exception to the inclusion of the RAW chief as operations of the wing were not generally disclosed. The petition also maintained that handing over the investigations to persons and agencies that did not have the mandate under law had disturbed the delineation of powers ensured under the Constitution.

In fact, some legal experts had already questioned the wisdom of appointing former Supreme Court judges to head the investigations and prepare the chargesheet, as this would result in a peculiar problem -- the trial court would have to sit in judgment over a chargesheet vetted by former apex court judges.

The SC Bench had slammed the government for conducting the investigations ?at a laggardly pace? even in case of ?named individuals,? including Pune-based stud farm owner Hasan Ali Khan, against whom the Income Tax Department had issued a demand notice for payment of Rs 70,000 crore in tax arrears and penalty.

The Bench had passed the order on a bunch of PILs seeking steps to bring back black money to the tune of over $1 trillion taken out of the country illegally by individuals and entities to evade tax.

Among the petitioners are former law minister Ram Jethmalani and Punjab Police former chiefs KPS Gill and Julio F Riberio.

Then Solicitor General Gopal Subramanium had argued for the government in the case. He had put in his papers on July 9 after feeling insulted by his replacement in the 2G case for a specific hearing. His resignation was accepted yesterday.

In the review plea, the government has also maintained that the high-power committee set up with the Revenue Secretary as its head was sufficient to conduct investigations as it had the chiefs of all relevant agencies as its members. The apex court had directed the government to convert this committee into a SIT, with the addition of the RAW chief and the two former judges. 

Friday, July 15, 2011

Murdochs to be questioned in UK; FBI opens review (AP)

By ROBERT BARR and JILL LAWLESS, Associated Press Robert Barr And Jill Lawless, Associated Press – 34 mins ago

LONDON – Rupert Murdoch and his son James first refused, then agreed Thursday to appear before U.K. lawmakers investigating phone hacking and police bribery, while in the U.S., the FBI opened a review into allegations the Murdoch media empire sought to hack into the phones of Sept. 11 victims.

Those two developments — and the arrest of another former editor of a Murdoch tabloid — deepened the crisis for News Corp., which has seen its stock price sink as investors ask whether the scandal could drag down the whole company.

Murdoch defended News Corp.'s handling of the scandal, saying it will recover from any damage caused by the phone-hacking and police bribery allegations. The 80-year-old told The Wall Street Journal — which is owned by News Corp. — that he is "just getting annoyed" at all the recent negative press.

He also dismissed reports he would sell his U.K. newspapers to stem the scandal, calling the suggestion "pure and total rubbish."

A law enforcement official in New York said the FBI was looking into allegations that employees of News Corp. tried to hack into the telephones of victims of the Sept. 11, 2001, terrorist attacks in the United States.

The decision to step in was made after U.S. Rep. Peter King, Sen. Jay Rockefeller and several other members of Congress wrote FBI Director Robert Mueller demanding an investigation, said the official, who spoke on condition of anonymity because he wasn't authorized to speak publicly.

The allegation that Murdoch papers may have targeted 9/11 victims came from the rival Daily Mirror, which quoted an anonymous source as saying an unidentified American investigator had rejected approaches from unidentified journalists who showed a particular interest in British victims of the terror attacks. It cited no evidence that any phone had actually been hacked.

There was no indication members of Congress had information beyond the Mirror report. King spokesman Kevin Fogarty said the congressman's letter "was based on what was in the public record and that those allegations were not denied."

A federal law enforcement official said the FBI routinely carries out reviews when an issue like the Murdoch scandal becomes highly visible, and particularly when the matter involves a request from Congress. The official spoke on condition of anonymity because of the sensitivity of the matter.

The FBI's New York office hasn't commented and there was no immediate response Thursday from News Corp. or the U.S. attorney's office in Manhattan.

News Corp. stock fell more than 3 percent on the news.

Analysts said News Corp. executives could be at risk of being found criminally or civilly liable under federal wiretapping and state privacy laws if investigators find that American citizens were targeted. The company could also face sanctions in the U.S. for phone hacking that originated in Britain under the 1977 Foreign Corrupt Practices Act.

Still, experts said they doubt such actions could jeopardize News Corp.'s U.S. newspaper holdings such as The Wall Street Journal or result in the revocation of the license it needs to own Fox TV stations in America.

"I think we're a long way from that," said Philip Raible, a partner at New York law firm Rayner Rowe LLP, which specializes in corporate law affecting media companies.

News Corp. has been in crisis mode in the U.K. since a rival newspaper reported last week that its News of the World tabloid hacked into the phone of teenage murder victim Milly Dowler in 2002 and may have impeded a police investigation into the 13-year-old's disappearance.

The company closed the 168-year-old News of the World and abandoned a bid for control of the lucrative British Sky Broadcasting network in a so far fruitless attempt to halt the crisis, which has exploded with revelations that as many as 4,000 people may have been hacking targets.

U.S.-based media industry analyst Richard MacDonald said the scandal was undermining Murdoch's 30-year bid to convince investors that News Corp. was "a blue chip diversified media company."

"Without question, the revelations and subsequent penalties either criminal, civil or strategic will impair earnings performance, earnings multiples and asset value for who knows how long," he said.

British lawmakers took the dramatic step Thursday of issuing a summons to the once all-powerful Murdochs after the father and son said they would not appear before Parliament's Culture, Media and Sport Committee on Tuesday.

Within hours, the Murdochs made room in their schedules after all. It was another victory for politicians over the Murdochs — something that would have been all but unthinkable just two weeks ago.

It is highly unusual for witnesses to refuse to appear before parliamentary committees, which quiz everyone from business leaders to prime ministers on a wide range of issues.

Rebekah Brooks, who heads the company's British newspaper division, did agree to testify. She was editor of the News of the World at the time of some of the hacking, but says she knew nothing about it.

Murdoch began his media career in Australia in 1952 after inheriting The News newspaper after the death of his father, and has built News Corp. into one of the world's biggest media groups, with market capitalization of $46 billion. Assets include Fox News, the 20th Century Fox movie studio, The Wall Street Journal, The New York Post and three newspapers in Britain — down from four with the death of the News of the World.

Murdoch controls 40 percent of News Corp.'s voting stock, mostly through a family trust.

For decades, Murdoch's media empire wielded massive influence over British lawmakers. Now Parliament has flexed its muscles in a display of freedom some are calling the "British Spring."

Business Secretary Vince Cable said Thursday the fast-moving events were "a bit like the end of a dictatorship."

James Murdoch initially told the Culture, Media and Sport Committee he would be willing to appear Aug. 10 or 11, without explaining why he was not free on Tuesday. Rupert Murdoch said he would not appear at all, offering instead to speak before a separate inquiry initiated by Prime Minister David Cameron and led by a judge.

Defiance of a parliamentary summons is illegal, and can in theory be punished with a fine or jail time. In practice, such sanctions have been all but unknown in modern times; the House of Commons last punished a nonmember in 1957. And it was not immediately clear whether Parliament could have enforced its summons on Rupert Murdoch, a U.S. citizen.

Committee chairman James Whittingdale said he especially wanted to question James Murdoch, who said last week that Parliament had been misled by people in his employment, without his knowledge.

"We felt that to wait until August was unjustifiable," Whittingdale said.

News Corp. faced more pressure Thursday with the arrest of former News of the World executive editor Neil Wallis — the ninth person involved with the News of the World to be detained by police probing phone hacking.

Police said Wallis, 60, was arrested on suspicion of conspiring to intercept communications.

He was News of the World deputy editor between 2003 and 2007 under Andy Coulson, who resigned from the paper when a reporter and a private detective were jailed in January 2007 for hacking into the phones of royal aides.

Wallis was executive editor until 2009; Coulson was Cameron's communications director from 2007 until January, when he quit as the hacking scandal resurfaced. He was arrested on July 8.

In another sign of what Cameron has called the overly cozy relationship between politicians, the media and the police, the Metropolitan Police confirmed that Wallis had been employed as a part-time consultant to the force.

Wallis' firm was employed to provide "strategic communication advice" for two days a month while its own staffer was on medical leave, the Metropolitan Police said. The contract ended in September.

Media analyst Claire Enders said News Corp. might be tempted to sell its other British newspapers — The Sun, The Times and the Sunday Times.

That is an outcome favored by some analysts and shareholders, who see the papers as financially inconsequential and reputationally burdensome — as well as by many British politicians.

"The politicians want the Murdochs' role in public life to be greatly diminished," Enders said. "They would like them to move to New York and stay there.

"Since the papers have no political value any more, then their economic value must be questioned as well."

__

AP writers Tom Hays in New York, Pete Yost in Washington, Ryan Nakashima in Los Angeles, and Cassandra Vinograd and Raphael Satter in London contributed to this report.

Thursday, June 30, 2011

Wind farm review vote is passed

29 June 2011 Last updated at 17:33 GMT Around 1,500 anti-wind farm protesters gathered in Welshpool for what was described as an unprecedented meeting of Powys County Council.

Councillors in Powys have voted for an immediate review of wind farm policy at a special meeting in Welshpool.

Around 1,500 anti-wind farm protesters lobbied ahead of the council meeting at Welshpool livestock market.

The council unanimously supported a motion urging the Welsh Government to request a moratorium on all wind farm applications.

The Welsh Government said the motion failed to grasp that the decision does not currently rest with them.

Councillors chose to meet at Welshpool livestock mart rather than the council chamber in Llandrindod Wells so more people could witness the vote.

Large screens were erected for the protesters to watch proceedings and the council opted for a recorded vote.

15 councillors were absent and there was one abstention, but the motion gained cross-party support.

It means the authority will now officially ask for a review.

'Resounding no'

Speaking after the vote, Peter Ogden, director of the Campaign for the Protection of Rural Wales, said: "The voice of the people has been heard, it's as simple as that.

There's got to be a resounding 'no' against the principles of this sort of development in rural areas”

End Quote Peter Ogden Director, Campaign for the Protection of Rural Wales "One would hope other authorities that are affected will take note of what has happened in Powys and follow suit and say this could happen in our area.

"There's got to be a resounding 'no' against the principles of this sort of development in rural areas."

Earlier this month First Minister Carwyn Jones said he wanted to see developments restricted.

He has also called for powers to be devolved from Westminster to Wales.

Montgomeryshire AM and Powys councillor Russell George said: "This vote sends a clear message to the Welsh Government that the people of Montgomeryshire do want a review on Tan 8.

"I hope our local MPs will now lobby their colleagues in Westminster."

The Technical Advice Note (Tan) 8 policy was introduced in 2005 as guidance on wind farms. It allows councils to decide on wind farms up to 50 megawatts in size.

Wind turbines (generic) Tan 8 allows councils to refuse or allow permission for wind farms up to 50 megawatts

'Upper limit'

The policy saw the government in Cardiff establish seven Strategic Search Areas (SSAs) in Wales.

The SSAs were devised to corral all wind farm development into specific areas, rather than allow turbines to be put up across Wales.

There is one area in the north and another in west Wales, two in the Heads of Valleys region and three in mid Wales.

Thousands of Montgomeryshire residents blame this policy for the 15 current wind farm applications in Powys.

If all are approved, that would add more than 600 turbines to the 216 already there.

Following a demonstration outside the Senedd last month, Mr Jones announced an "upper limit" of turbines to be allowed in Tan 8 areas.

He said his government opposed new steel pylons - planned by the National Grid - to export power generated by wind energy into the wider electricity infrastructure.

Following today's meeting in Welshpool, a Welsh Government spokesperson said: "Powys County Council do not need our permission to introduce a moratorium [on developments under 50 megawatts] within their area.

"Applications for developments over 50 megawatts are a matter for the UK Government - the Welsh Government has no role in such a decision. We have made this clear at every opportunity.

"We are surprised that Powys County Council's motion does not understand this and fails to realise that until energy consents are devolved these issues do not rest with the Welsh Government.

"Therefore, we call again on the UK Government to respect our position on the upper limit capacities in Tan 8 which we believe are proportionate.

"We look forward to their response."

Tuesday, June 28, 2011

Review: A more mellow Beyonce still impresses (AP)

Beyonce, "4," (Columbia)

"Run the World (Girls)," the first single from Beyonce's fourth solo album, "4," has all the hallmarks of a signature No. 1 Beyonce smash — a bombastic, larger-than-life sound, a call-and-response hook, a heavy dose of girl power and a fierce drumbeat.

Surprisingly, though, it landed with a thud on radio, and the buzz around "4" hasn't been encouraging — there's even talk that the multihyphenate diva could find herself dealing with her very first flop.

It remains to be seen how "4" will do on the charts, but if fans pay attention to the music, then Beyonce should have no worries. If anything, "Run the World (Girls)" is the anomaly of the disc, which has few tracks geared for the clubs.

Instead, Beyonce — just a few months shy of 30 — offers a bewitching blend of ballads and midtempo grooves that show a maturation in the singer's sound. She strips away the much of the musical pyrotechnics that have anchored some of her biggest solo jams for an album more heavy on ballads, and danceable hits that charm, instead of strong-arm, their way into your psyche.

"Love on Top," a buoyant, old school jam that recalls the days when Billy Ocean and curl activator were in, stands among the album's best songs, mixing the sound of horns, synthesizer and Beyonce's beguiling voice to dreamy effect. There's more 1980s inspiration on the sexy laid-back tune "Party," co-produced by Kanye West, thanks to a Slick Rick sample and a retro bass line that slows down the pace, but not the fun. Though the reclusive Andre 3000 offers a verse on the track, Beyonce remains the star on the song, seducing listeners with her powerful pipes.

The Boyz II Men-sampled "Countdown" and the marching band feel of "End of Time" will satisfy those looking for the typical Beyonce frenetic bounce. But it's a love-struck Beyonce, not the dancing diva, who is featured on the bulk of the album, which finds the singer passionately emoting about the love for her man, either from a position of confidence or fear.

"I'm addicted to the rush," acknowledges Beyonce on the semifatalistic "I'd Rather Die Young," while on "Start Over," she offers to reset a relationship rather than lose it. But the most dramatic ballad is the best — "1+1," featuring a blistering Beyonce on a back-to-basics R&B groove that smolders despite its simplicity.

The same applies for "4," an album that has fewer fireworks, but still leaves you starry-eyed.

CHECK OUT THIS TRACK: It wouldn't be a Beyonce album without the obligatory "you go girl" anthem, and she duly supplies it in the rousing "Best Thing I Never Had," which shows again why every man should appreciate what he has — especially if he has Beyonce.

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Nekesa Mumbi Moody can be reached at http://www.twitter.com/nekesamumbi