Lok Sabha approves amendment in AIIMS bill

The All-India Institute of Medical Sciences (Amendment) Bill, 2012, will replace an Ordinance which allowed the six AIIMS-like institutes to become operational in Patna, Bhopal, Raipur, Bhubaneshwar, Jodhpur and Rishikesh from September

New Delhi: Amid din over Comptroller and Auditor General (CAG) report on coal block allocation issue, the Lok Sabha on Thursday passed a bill that would allow the government to set up AIIMS-like institutes across the country by a notification, reports PTI.
The All-India Institute of Medical Sciences (Amendment) Bill, 2012, will replace an Ordinance which allowed the six AIIMS-like institutes to become operational from 15th September.
The bill also confers powers upon the Centre to establish AIIMS-like institutions by notification in the official gazette.
Arjun Ram Meghwal (BJP) had given notice for a Statutory Resolution to disapprove the AIIMS (Amendment) Ordinance. However, the resolution could not be taken up as Meghwal was not present.
In an effort to correct the imbalance in availability of affordable healthcare, six AIIMS-like medical institutes were announced for Patna, Bhopal, Raipur, Bhubaneshwar, Jodhpur and Rishikesh.
"The six states in which the institutes were established had requested the central government to make them operational urgently and to commence the academic session in September 2012," the Statement of Objects and Reasons said.
The proposed measure will also help the Centre change the status of the six new AIIMS registered under the Societies Registration Act to be autonomous body corporate on the lines of the existing AIIMS in Delhi.
According to the Financial Memorandum, an estimated cost of Rs4,920 crore -- Rs820 crore per AIIMS -- has been approved.


Indian students stranded as UK cancels licence of London Metropolitan University

Current Indian students who are in their second or third years of courses at the London Metropolitan University will need to transfer to another UK university to continue or abandon their courses and return to India within 60 days

London: The licence of a major London-based university to admit Indian and other non-EU students has been revoked by Britain's immigration authorities citing "serious and systemic failings" on the part of the varsity, stranding hundreds of students, reports PTI.


With the next academic year starting shortly (September), plans of many Indian students preparing to travel to study at the London Metropolitan University were thrown into jeopardy, while current students will need to quickly make alternative plans.


"London Metropolitan University's licence to sponsor non-EU students has been revoked after it failed to address serious and systemic failings that were identified by the UK Border Agency six months ago," a UK Border Agency (UKBA) spokesman said.


A task force has been set up to help Indian and other non-EU students affected by the revocation, officials said. The university has over 2,000 international students, including Indians.


Current Indian students who are in their second or third years of courses will need to transfer to another UK university to continue their courses.


If this is not possible, they will need to abandon their courses and return to India within 60 days, according to the rules.


The London Metropolitan University, which recruits heavily from India and has offices in New Delhi and Chennai, is the first British university to have its licence to admit non-EU students revoked under measures to curb student visa abuse.


Universities Minister David Willetts said: "It is important that genuine students who are affected through no fault of their own are offered prompt advice and help, including, if necessary, with finding other institutions at which to finish their studies".


"We are tonight asking HEFCE (Higher Education Funding Council for England) and Universities UK to lead a task force, which will include UKBA and the NUS, to work with London Metropolitan University to support affected students and enable them to continue their studies in the UK. The task force will start work immediately," he added.


"We have been working with them since then, but the latest audit revealed problems with 61 per cent of files randomly sampled," the UKBA spokesman said.


"Allowing London Metropolitan University to continue to sponsor and teach international students was not an option. These are problems with one university, not the whole sector. British universities are among the best in the world, and Britain remains a top class destination for top class international students," the spokesman said.


"We are doing everything possible, working with Universities UK, to assist genuine students that have been affected," he added.


Calls to the University's liason office in New Delhi were greeted with an automated message that the number could not be found.


Kasab's mercy petition: Who will take the call, President or Home Minister?

While Pratibha Patil's regime was labelled as ‘merciful’ by some activists for pardoning as many as 35 death convicts, the former president says she took the decision only after receiving advice from the home minister. The question is will the new home minister Sushilkumar Shinde provide right advice in the case of Ajmal Kasab?

While there is a general perception that the president is the final authority to take a call on mercy petitions of death convicts, it may not be the case. As many as 11 mercy petitions of death convicts are pending before Indian President Pranab Mukherjee, however, during 2009-12, the ministry of home affairs (MHA) recalled 26 mercy petitions to review its advice. Acting on the reviewed advice from MHA, the then President Pratibha Patil decided on 18 cases, reveals a Right to Information (RTI) reply.


According to reply received by RTI activist, Subhash Chandra Agrawal, there are 11 mercy petitions pending before President Mukherjee, including that of Parliament attack accused Afzal Guru. At present there is only one file of Balwant Singh Rajoana, killer of former Punjab chief minister Beant Singh, pending with the MHA.


Even, former President Pratibha Patil admitted that she disposed the clemency petitions only after due examination on receipt of the aid and advice of the home minister. “All the 23 backlog cases pertaining to the terms of the former presidents were recalled and re-visited by the present home minister and fresh advice tendered for due consideration of the president. In all these backlog and fresh cases, the home minister has examined the mitigating and extenuating circumstances and spelt out specific reasons substantiating his considered advice,” said a release from the President’s Secretariat .


The release issued in June 2012, further says, “Article 72 does confer on the President the power to grant clemency. However, in the exercise of these powers, the President is not supposed to act on her own judgment but is mandated to act in accordance with the aid and advice of the Government in terms of Article 74 of the Constitution. The advice of the Government is binding on the Head of State. This has been authoritatively laid down by the Supreme Court. Thus, the power to pardon is a part of the constitutional scheme and not a private act of grace on the part of the President. When the President is expected to work as part of the constitutional scheme, the word, President, is an abbreviation for the Central Government.”


According to Mr Agrawal, every convict of a death sentence gets opportunities at different stages of trial till the Supreme Court, in rarest of rare-most cases, endorses the death sentence. “Latest RTI response reveals that 26 files of mercy petitions were recalled from Rashtrapati Bhawan out of which in most cases death sentence were reviewed by the MHA to be converted in to life sentence. It is unjustified to interfere so liberally with the Supreme Court decisions. System may be formulated whereby it may be made mandatory to hear family members of victims before pardoning convicts of death-sentence,” he said.


While delivering the death sentence to Pakistani terrorist Ajmal Kasab in the 26/11 Mumbai terror attack case, the Supreme Court pointed out that the object of the criminal law process is to find out the truth and not to shield the accused from the consequences of his wrongdoing.


A bench of justices Aftab Alam and CK Prasad said as long as the death penalty remains on the statute book as punishment for certain offences, including “waging war” and murder, it logically follows that there must be some cases, howsoever rare or one in a million, that would call for inflicting that penalty. “That being the position we fail to see what case would attract the death penalty, if not the case of the appellant,” the bench said.


Refusing to show any mercy to Kasab on account of his young age and illiteracy, the apex court observed, “…the offences committed by the appellant show a degree of cruelty, brutality and depravity as in very few other cases. It is already seen above that the appellant never showed any repentance or remorse, which is the first sign of any possibility of reform and rehabilitation.”


Kasab, the only Pakistani terrorist caught alive in the mayhem that killed 166 persons is lodged in Arthur Road Prison in Mumbai, was sentenced to death by a special anti-terror court on 6 May 2010, which was affirmed by the Bombay High Court on 21st February last year. Nine other Pakistani terrorists were killed by security forces in the operations.


Abnormally high delay in deciding mercy petitions and also subsequent execution in case of rejection of mercy petitions unnecessarily creates provocation including even state assemblies passing resolutions for pardon on religious and regional backgrounds says Mr Agrawal. “Even the division bench of the Supreme Court has expressed concern on such policy of indecision which is even torturous for convicted ones living in a life of uncertainty apart from creating unnecessary emotions and provocation, diluting fear against committing the crime. Rule should be to finally decide on mercy petitions within three months of their filing and hanging done within one week of rejection of mercy petition. Indecision can repeat incidents like infamous hijack of IC-814 at Kandhar to get death convicts like Afzal Guru and Kasab freed before being hanged,” the RTI activist added.


The question now is whether the newly-appointed home minister Sushilkumar Shinde would provide timely advice to the new President Pranab Mukherjee, a veteran in Indian politics, or keep the files pending.




5 years ago

President/Home Minister to endorse death penalty for Kasab is easy and will be supported by the vast majority in India. Only people who want abolishment of capital punishment, as many countries have done, will object, but I presume they are in minority. The problem for India is that we have some strong parochial forces, that want their kind not to face the gallows even for the most dastardly crime. Examples: Sikh terrorists/killers of Punjab CM and Indira Gandhi are supported by Akali dal, LTTE assasins of Rajiv Gandhi are supported by the Tamil Parties, Afzal Guru is supported by Kashmiri separatists and some muslims, even investigation of safron/hindu terror has been severely objected by BJP.
India has to stand firm against all such divisive and anti-national politics.

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