Conspiracy theory: Was due process flouted to deny Afzal Guru a bid to escape hangman?

NEW DELHI: Although both have been executed in a hush-hush manner citing security reasons, the dilution of due process was greater in Mohammad Afzal Guru's hanging than in Ajmal Kasab's.

The denial of an opportunity to challenge the President's decision on the mercy petition was more likely to have affected Guru's fate for, unlike Kasab, he was not present at the crime scene when Parliament was attacked and he did not himself kill anybody.

In fact, after Kehar Singh's execution in the Indira Gandhi case, Guru was the only conspirator to have ever been hanged in connection with any high-profile crime. The three conspirators in the Rajiv Gandhi case, although awarded death penalty earlier than Guru, have so far been spared the noose because of a stay from the Madras high court on their execution. The stay came in 2011 on their plea that the death penalty be commuted to life sentence as the President had rejected their mercy petitions after an "inordinate and unexplained" delay.

Had he and his counsel been similarly given an advance notice of the rejection of his mercy petition, Guru too could have exercised his right to challenge the President's decision on the ground of delay, as he had filed his plea more than seven years ago.

Besides, Guru was better placed than Kasab to seek clemency on procedural and substantive grounds. Thanks to his oft-quoted grievance that he did not get a counsel of his choice during the trial, there has been much debate in legal and human rights circles on whether Guru had been given a fair trial.

Another controversial aspect of Guru's conviction is that successive courts had allegedly glossed over his claim that, as a surrendered militant, he had provided logistical support for the attack on Parliament on the instructions of security agencies in Kashmir.

The dilution of due process was also evident from the government's failure to comply with the stipulation of the jail manual to inform Guru's family about the date of the execution. The compromise is more evident in Guru's case because, unlike Kasab, his family members are Indians, who live in Kashmir. The rationale behind this stipulation is to provide the convict a chance to meet his family members for the last time.

In Kasab's case, the government claimed to have sent a communication to Pakistan to inform his family before his hanging. Despite the government's claim to have done the same in Guru's case, his family was in fact delivered with a fait accomppli.

This is the third mercy petition to have been rejected by President Pranab Mukherjee. Saibanna's case highlighted the deviation made in the cases of Kasab and Guru. For, the rejection of Saibanna's plea was made public, giving him scope to challenge it as also to meet his relatives.

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After early start, worst of flu season may be over

NEW YORK (AP) — The worst of the flu season appears to be over.

The number of states reporting intense or widespread illnesses dropped again last week, and in a few states there was very little flu going around, U.S. health officials said Friday.

The season started earlier than normal, first in the Southeast and then spreading. But now, by some measures, flu activity has been ebbing for at least four weeks in much of the country. Flu and pneumonia deaths also dropped the last two weeks, the Centers for Disease Control and Prevention reported.

"It's likely that the worst of the current flu season is over," CDC spokesman Tom Skinner said.

But flu is hard to predict, he and others stressed, and there have been spikes late in the season in the past.

For now, states like Georgia and New York — where doctor's offices were jammed a few weeks ago — are reporting low flu activity. The hot spots are now the West Coast and the Southwest.

Among the places that have seen a drop: Lehigh Valley Hospital-Cedar Crest in Allentown, Pa., which put up a tent outside its emergency room last month to help deal with the steady stream of patients. There were about 100 patients each day back then. Now it's down to 25 and the hospital may pack up its tent next week, said Terry Burger, director of infection control and prevention for the hospital.

"There's no question that we're seeing a decline," she said.

In early December, CDC officials announced flu season had arrived, a month earlier than usual. They were worried, saying it had been nine years since a winter flu season started like this one. That was 2003-04 — one of the deadliest seasons in the past 35 years, with more than 48,000 deaths.

Like this year, the major flu strain was one that tends to make people sicker, especially the elderly, who are most vulnerable to flu and its complications

But back then, that year's flu vaccine wasn't made to protect against that bug, and fewer people got flu shots. The vaccine is reformulated almost every year, and the CDC has said this year's vaccine is a good match to the types that are circulating. A preliminary CDC study showed it is about 60 percent effective, which is close to the average.

So far, the season has been labeled moderately severe.

Like others, Lehigh Valley's Burger was cautious about making predictions. "I'm not certain we're completely out of the woods," with more wintry weather ahead and people likely to be packed indoors where flu can spread around, she said.

The government does not keep a running tally of flu-related deaths in adults, but has received reports of 59 deaths in children. The most — nine — were in Texas, where flu activity was still high last week. Roughly 100 children die in an average flu season, the CDC says

On average, about 24,000 Americans die each flu season, according to the CDC.

According to the CDC report, the number of states with intense activity is down to 19, from 24 the previous week, and flu is widespread in 38 states, down from 42.

Flu is now minimal in Florida, Kentucky, Maine, Montana, New Hampshire and South Carolina.

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Online:

CDC: http://www.cdc.gov/flu/

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Japan may release data proving Chinese radar incident: media

TOKYO (Reuters) - Japan may release data it says will prove a Chinese naval vessel directed its fire control radar at a Japanese destroyer near disputed islands in the East China Sea, local media reported.

Japan has said a Chinese frigate on January 30 locked its targeting radar on a Japanese destroyer - a step that usually precedes the firing of weapons - but China insists that its vessel used only ordinary surveillance radar.

The incident has added to tensions between the two nations over the disputed islands.

Japan will consider how much normally classified data it can release, the media reports said, citing comments by Japan Defence Minister Itsunori Onodera on local television.

"The government is considering the extent of what can be disclosed," Kyodo news agency quoted Onodera as saying.

China has accused Japan of smearing its name with the accusations, and on Saturday, the official Xinhua news agency continued the war of words.

"By spreading false accusations and posing as a poor victim, Japan had intended to tarnish China's image so as to gain sympathy and support, but a lie does not help," it said in an English language commentary.

"China has been exercising maximum restraint and stayed committed to solving the dispute through dialogue and consultation."

Japan and China have been involved in a series of incidents in recent months in the East China Sea where Chinese and Japanese naval vessels regularly shadow each others movements.

Both countries claim a small clusters of islands, known as Diaoyu in China and Senkaku in Japan, believed to be rich in oil and gas. Controlled by Japan, possession of the uninhabited outcrops and the sea surrounding them would provide China with easier access to the Pacific.

Hopes had been rising for an easing in tensions, including a possible summit between Japanese Prime Minister Shinzo Abe and Chinese Communist Party chief Xi Jinping. But the radar issue has seen China and Japan engage in a fresh round of invective.

China's Defence Ministry on Thursday said Japan's complaints did not "match the facts". The Chinese ship's radar, it said, had maintained regular alerting and surveillance operations and the ship "did not use fire control radar".

Japan's position against China has hardened since Abe led his conservative party to a landslide election victory in December, promising to beef up the military and stand tough in territorial disputes.

The commander of U.S. forces in the Asia-Pacific said the squabble between Japan and China underlined the need for rules to prevent such incidents turning into serious conflict.

China also has ongoing territorial disputes with other Asian nations including Vietnam and the Philippines over islands in the South China Sea.

(Reporting by Tim Kelly; Additional reporting by Ben Blanchard in BEIJING; Editing by Michael Perry)

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Japan mulls disclosing evidence on China radar lock

TOKYO: Japan said on Saturday it was considering disclosing evidence to bolster its claim that a Chinese frigate locked its weapon-targeting radar on a Japanese ship, after Beijing rejected the charge.

The incident, which Japan said happened last week, marked the first time the two nations' navies have locked horns in a territorial dispute that has some commentators warning about possible armed conflict.

The neighbours -- also the world's second and third-largest economies -- have seen ties sour over uninhabited Japanese-controlled islands in the East China Sea known as Senkaku in Tokyo and Diaoyu by Beijing, which claims them.

"The government is considering the extent of what can be disclosed," Japan's Defence Minister Itsunori Onodera said on a television programme Saturday.

The comment came a day after Prime Minister Shinzo Abe demanded that Beijing apologise and admit the incident had happened.

Tokyo also charges that in the middle of last month a Chinese frigate's radar locked on to a helicopter, in a procedure known as "painting" that is a precursor to firing weaponry.

On both January 19 and January 30, China's defence ministry said in a statement faxed to AFP, the Chinese ship-board radar maintained normal operations and "fire-control radar was not used".

Japan hit back, with Foreign Minister Fumio Kishida saying he "cannot accept" the explanation and Prime Minister Abe demanding an apology from Beijing.

The Japanese premier on Thursday called the radar incident "extremely regrettable", "dangerous" and "provocative" but also said that dialogue must remain an option.

- AFP/xq

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Parliament House attack case convict hanged to death at 8am

NEW DELHI: Parliament House attack case convict Afzal Guru was hanged to death at Tihar Central Jail on Saturday morning.

The hanging took place in complete secrecy at around 8am with only a very select group of officials and home minister Sushilkumar Shinde knowing the operation to execute his death sentence.

His mercy plea, which had been pending since 2006, was rejected by the President Mukherjee late last month after getting the file from the home ministry on January 23.

Afzal Guru was convicted for his role in the attack on Parliament in 2001.

His hanging took place in as secret an operation as it had happened in the case of the hanging of the 26/11 Mumbai terror attack case convict Mohammed Ajmal Kasab who was hanged to death in a Pune jail in November last year.

Afzal Guru was given the death sentence by the Supreme Court in 2004. His hanging, scheduled for October 2006, was stayed after his wife filed a mercy petition on his behalf to the President.

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After early start, worst of flu season may be over

NEW YORK (AP) — The worst of the flu season appears to be over.

The number of states reporting intense or widespread illnesses dropped again last week, and in a few states there was very little flu going around, U.S. health officials said Friday.

The season started earlier than normal, first in the Southeast and then spreading. But now, by some measures, flu activity has been ebbing for at least four weeks in much of the country. Flu and pneumonia deaths also dropped the last two weeks, the Centers for Disease Control and Prevention reported.

"It's likely that the worst of the current flu season is over," CDC spokesman Tom Skinner said.

But flu is hard to predict, he and others stressed, and there have been spikes late in the season in the past.

For now, states like Georgia and New York — where doctor's offices were jammed a few weeks ago — are reporting low flu activity. The hot spots are now the West Coast and the Southwest.

Among the places that have seen a drop: Lehigh Valley Hospital-Cedar Crest in Allentown, Pa., which put up a tent outside its emergency room last month to help deal with the steady stream of patients. There were about 100 patients each day back then. Now it's down to 25 and the hospital may pack up its tent next week, said Terry Burger, director of infection control and prevention for the hospital.

"There's no question that we're seeing a decline," she said.

In early December, CDC officials announced flu season had arrived, a month earlier than usual. They were worried, saying it had been nine years since a winter flu season started like this one. That was 2003-04 — one of the deadliest seasons in the past 35 years, with more than 48,000 deaths.

Like this year, the major flu strain was one that tends to make people sicker, especially the elderly, who are most vulnerable to flu and its complications

But back then, that year's flu vaccine wasn't made to protect against that bug, and fewer people got flu shots. The vaccine is reformulated almost every year, and the CDC has said this year's vaccine is a good match to the types that are circulating. A preliminary CDC study showed it is about 60 percent effective, which is close to the average.

So far, the season has been labeled moderately severe.

Like others, Lehigh Valley's Burger was cautious about making predictions. "I'm not certain we're completely out of the woods," with more wintry weather ahead and people likely to be packed indoors where flu can spread around, she said.

The government does not keep a running tally of flu-related deaths in adults, but has received reports of 59 deaths in children. The most — nine — were in Texas, where flu activity was still high last week. Roughly 100 children die in an average flu season, the CDC says

On average, about 24,000 Americans die each flu season, according to the CDC.

According to the CDC report, the number of states with intense activity is down to 19, from 24 the previous week, and flu is widespread in 38 states, down from 42.

Flu is now minimal in Florida, Kentucky, Maine, Montana, New Hampshire and South Carolina.

___

Online:

CDC: http://www.cdc.gov/flu/

Read More..

Cop Shooting Rampage: Manhunt on Mountain

The truck owned and driven by suspected cop killer Christopher Dorner during his alleged rampage through the Los Angeles area was found deserted and in flames on the side of Bear Mountain, Calif., this afternoon -- with tracks in the snow leading away from the vehicle.

The San Bernadino Sheriff's Department confirmed the truck was Dorner's, but said at a news conference this evening that the tracks around the truck did not lead to him.

Personnel from several departments and teams of dogs continued to search the area near Big Bear Lake, about 80 miles east of Los Angeles, including door-to-door searches of cabins located there, officials said.

Dorner, a former Los Angeles police officer and Navy reservist, remained on the loose.

"He could be anywhere, at this point, and that's why we're searching door to door," San Bernardino County Sheriff John McMahon said.

He added that the search would continue as long as it was possible. However, a snowstorm was forecast for the area.

Dorner was believed to have killed one police officer and injured two others early this morning in Riverside, Calif. He was also accused of killing two civilians on Sunday. And he allegedly released an angry "manifesto" airing grievances against police and warning of coming violence toward cops.

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Heavily armed officers spent much of Thursday searching for signs of Dorner, investigating multiple false leads into his whereabouts and broadcasting his license plate and vehicle description across the California Highway System.

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Around 12:45 p.m. PT, police responded to Bear Mountain, where two fires were reported, and set up a staging area in the parking lot of a ski resort. They did not immediately investigate the fires, but heavily armed SWAT team members eventually descended onto Bear Mountain from a helicopter manned with snipers to investigate and reached the truck.

Also today, CNN's Anderson Cooper said Dorner had sent him a package at his New York office that arrived on Feb. 1, though Cooper said he never knew about the package until today. It contained a DVD of court testimony, with a Post-It note signed by Dorner claiming, "I never lied! Here is my vindication."

It also contained a keepsake coin bearing the name of former Los Angeles Police Chief William J. Bratton that came wrapped in duct tape, Cooper said. The duct tape bore the note, "Thanks, but no thanks Will Bratton."

Bratton told Cooper on his program, "Anderson Cooper 360," that he believed he gave Dorner the coin as he was headed overseas for the Navy, Bratton's practice when officers got deployed abroad. Though a picture has surfaced of Bratton, in uniform, and Dorner, in fatigues, shaking hands, Bratton told Cooper he didn't recall Dorner or the meeting.

PHOTOS: Former LAPD Officer Suspected in Shootings

Police officers across Southern California were on the defensive today, scaling back their public exposure, no longer responding to "barking-dog calls" and donning tactical gear outdoors.

Police departments have stationed officers in tactical gear outside police departments, stopped answering low-level calls and pulled motorcycle patrols off the road in order to protect officers who might be targets of Dorner's alleged rampage.

"We've made certain modifications of our deployments, our deviations today, and I want to leave it at that, and also to our responses," said Chief Sergio Diaz of the police department in Riverside, Calif., where the officers were shot. "We are concentrating on calls for service that are of a high priority, threats to public safety, we're not going to go on barking dog calls today."

Sgt. Rudy Lopez of the Los Angeles Police Department said Dorner is "believed to be armed and extremely dangerous."

Early Thursday morning, before they believe he shot at any police officers, Dorner allegedly went to a yacht club near San Diego, where police say he attempted to steal a boat and flee to Mexico.

He aborted the attempted theft when the boat's propeller became entangled in a rope, law enforcement officials said. It was then that he is believed to have headed to Riverside, where he allegedly shot two police officers.

"He pointed a handgun at the victim [at the yacht club] and demanded the boat," said Lt. David Rohowits of the San Diego Police Department.

Police say the rifle marksman shot at four officers in two incidents overnight, hitting three of them: one in Corona, Calif., and the two in Riverside, Calif.

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Opposition leader's funeral brings day of reckoning for Tunisia

TUNIS (Reuters) - Tunisia's political crisis looked likely to deepen on Friday with strikes and protests planned around the funeral of assassinated opposition politician Chokri Belaid.

Belaid's killing on Wednesday has brought thousands of people onto the streets of the capital Tunis and other cities in violence-marred protests.

Unions have called a general strike for Friday, setting the stage for further confrontation two years on from the pro-democracy revolution that inspired the Arab Spring.

Tunisia is riven by tensions between the dominant Islamists and their secular opponents, and by disillusionment over the lack of social progress since the overthrow of dictator Zine al-Abidine Ben Ali in January 2011.

In response to Belaid's assassination, Prime Minister Hamdi Jebali, an Islamist, said on Wednesday he would dissolve the government, name a non-partisan cabinet of technocrats and hold early elections. But his partners opposed the move and it is yet to be approved by parliament.

No one has claimed responsibility for the killing of Belaid, a lawyer and secular political figure, who was shot by a gunman as he left home for work on Wednesday.

But a crowd set fire to the headquarters of Ennahda, the Islamist party of Prime Minister Jebali, who leads a coalition with two junior secularist parties. Ennahda denies any involvement.

While Belaid had only a modest political following, his criticism of Ennahda policies spoke for many Tunisians who fear religious radicals are bent on snuffing out freedoms won in the first of the revolts that rippled through the Arab world.

"Criminals assassinated Chokri's body, but will not assassinate Chokri's struggle," his widow Besma said on Thursday.

"My sadness ended when I saw thousands flocking to the streets...at that moment I knew that the country is fine and men and women in my country are defending democracy, freedom and life."

All three ruling parties and sections of the opposition rebuffed Jebali's plan to create a small, technocrat government to take over day-to-day matters until elections could be held, demanding they be consulted before any such move.

"In the likely event that there is no agreement, civil unrest will increase, reaching a level that cannot be contained by the police," said Firas Abi Ali of the London-based Exclusive Analysis think-tank.

"If unrest continued for more than two weeks, the army would probably reluctantly step in and back a technocrat government, as well as fresh elections for a new Constituent Assembly."

The economic effect of political uncertainty and street unrest could be serious in a country which has yet to draft a post-revolutionary constitution and which relies heavily on the tourist trade.

The cost of insuring Tunisian government bonds against default rose to its highest level in more than four years on Thursday and ratings agency Fitch said it could further downgrade Tunisia if political instability continues or worsens.

(Writing by Robin Pomeroy; Editing by Angus MacSwan)

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S Korean activists jailed for unauthorised visit to North

SEOUL: A South Korean court jailed an elderly left-wing activist for four years on Friday for making an unauthorised trip across the border to North Korea.

Ro Su-Hui, 69, was convicted of violating a strict security law that penalises pro-Pyongyang activity and bans citizens from going to the North without prior permission.

Another activist, Won Jin-Wook, received a three-year prison sentence for communicating with North Korean officials to arrange Ro's trip.

Ro, 69, entered the North via China in March last year for a memorial service marking the 100th day since the death of long-time ruler Kim Jong-Il.

He praised new ruler Kim Jong-Un during his time in Pyongyang and was arrested in July when he returned home.

"Stern punishment is inevitable because he made a secret visit to North Korea without permission and was involved in (pro-North Korean) activities, even if he knew that his activities would be used for propaganda," the court said in its ruling.

Seoul did not send any official representatives to Kim Jong-Il's funeral and approved trips only by two private delegations.

- AFP/xq

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India, UK armies to hold joint exercise in April

BANGALORE: Great Britain's minster for defence equipment, support and technology, Philip Dune, said on Thursday that a detachment of British army will come to India in April for a joint exercise with the Indian army.

"We plan to increase the joint exercises between the two countries in the near future," the 54-year-old British Conservative Party politician said on the sidelines of Aero India 2013.

Indian army carried out a joint exercise with their British counterparts on British soil for the first time since independence in 2008 when the mechanized infantry detachment visited the British Army's prestigious Land Warfare Centre in Warminster.

The minister also said that talks are currently under way between British companies and the state governments of Andhra Pradesh and Maharashtra on internal security, border security and port security.

He said that DRDO and its British equivalent DSLT are collaborating on three projects with an agreement on a fourth project last week. The minister didn't provide details citing security reasons. "One of the areas we are looking to work together is counter-terrorism," he said.

He said: "We are looking forward to partner with India in indigenous manufacture projects. The collaboration between technology-rich Britain and high production capacity India would be not only in research and development but also in its applications."

The minister praised ministry of defence for placing a transparent and thorough defence procurement policy. However, he expressed his disappointment that Eurofighter Typhoon, which was one of the two final bidders for MRCA tender for the supply of 126 multi-role combat aircraft to the Indian Air Force, lost out to Dassault Rafale.

"We have to behave like adults and not cry over spilled milk," he said, adding, "If Rafale's bid doesn't get through, we will consider bidding again."

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