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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LAPD Reopens Case of Suspected Cop-Killer's Firing

The Los Angeles Police Department announced today it will reopen the case of the firing of Christopher Dorner, but said the decision was not made to "appease" the fugitive former cop suspected of killing three people.

Dorner, a fired and disgruntled former Los Angeles police officer, said in the so-called "manifesto" he released that he was targeting LAPD officials and their families and will keep killing until the truth is known about his case.

"I have no doubt that the law enforcement community will bring to an end the reign of terror perpetrated on our region by Christopher Jordan Dorner and he will be held accountable for his evil actions," LAPD Chief Charlie Beck said in a statement released tonight.

He spoke of the "tremendous strides" the LAPD has made in regaining public trust after numerous scandals, but added: "I am aware of the ghosts of the LAPD's past and one of my biggest concerns is that they will be resurrected by Dorner's allegations of racism within the Department."

To do that, he said, full re-investigation of the case that led to Dorner's firing is necessary.

"I feel we need to also publicly address Dorner's allegations regarding his termination of employment, and to do so I have directed our Professionals Standards Bureau and my Special Assistant for Constitutional Policing to completely review the Dorner complaint of 2007; To include a re-examination of all evidence and a re-interview of witnesses," he said. "We will also investigate any allegations made in his manifesto which were not included in his original complaint.

Irvine Police Department/AP Photo

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"I do this not to appease a murderer. I do it to reassure the public that their police department is transparent and fair in all the things we do."

PHOTOS: Former LAPD Officer Suspected in Shootings

As police searched for Dorner today in the San Bernardino Mountains, sources told ABC News that investigators found two AR-15 assault rifles in the burned-out truck Dorner abandoned.

The truck had a broken axle, which may be the reason he decided to set fire to it, the police sources said.

A man identifying himself as Dorner taunted the father of Monica Quan four days after the former LAPD officer allegedly killed her and just 11 hours after he allegedly killed a police officer in Riverside, Calif., according to court documents obtained by ABC News

A man claiming to be Dorner called Randall Quan and told him that that he "should have done a better job of protecting his daughter," according to the documents.

In his 6,000-word "manifesto," Dorner named Randal Quan, a retired LAPD captain and attorney who represented him before a police review board that led to Dorner's dismissal from the force.

"I never had an opportunity to have a family of my own, I'm terminating yours," Dorner wrote, and directed Quan and other officials to "[l]ook your wives/husbands and surviving children directly in the face and tell them the truth as to why your children are dead."

Monica Quan and her fiancé Keith Lawrence were gunned down last Sunday in their car in the parking of their Irvine, Calif., condominium complex. Both were struck with multiple gunshot wounds.

The call, according to court records, was traced to Vancouver, Wash., but law enforcement officials do not believe Dorner was there at the time at the call.

Dorner is believed to have made the call early Thursday afternoon, less than half a day after he is suspected of killing a police officer and wounding two others early that morning, sparking an unprecedented man hunt involving more than a thousand police officers and federal agents spanning hundreds of miles.

FULL COVERAGE: Christopher Jordan Dorner

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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/

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Northeast Shuts Down as Blizzard Batters Millions

A blizzard of possibly historic proportions began battering the Northeast today, and could bring more than two feet of snow and strong winds that could shut down densely populated cities such as Boston and New York City.

A storm from the west joined forces with one from the south to form a nor'easter that will sit and spin just off the East Coast, affecting more than 43 million Americans. Wind gusts were forecast to reach 50 to 60 mph from Philadelphia to Boston.

Cape Cod, Mass., could possibly see 75 mph gusts. Boston and other parts of New England could see more than two feet of snow by Saturday.

The storm showed the potential for such ferocity that Massachusetts Gov. Deval Patrick declared a state of emergency Friday afternoon and signed an executive order banning vehicular traffic on roads in his state effective at 4 p.m. ET. It was believed that the last time the state enacted such a ban was during the blizzard of 1978. Violating the ban could result in a penalty of up to a year in jail and a $500 fine.

"[It] could definitely be a historic winter storm for the Northeast," said Adrienne Leptich of the National Weather Service in Upton, N.Y. "We're looking at very strong wind and heavy snow and we're also looking for some coastal flooding."

Airlines began shutting down operations Friday afternoon at major airports in the New York area as well as in Boston, Portland, Maine, Providence, R.I., and other Northeastern airports. By early evening Friday, more than 4,300 flights had been cancelled on Friday and Saturday, according to FlightAware. Airlines hoped to resume flights by Saturday afternoon, though normal schedules were not expected until Sunday.

The snow fell heavily Friday afternoon in New York City and 12 to 14 inches were expected. Mayor Michael Bloomberg said clearing the roads was his main concern, and the city readied 1,700 snow plows and 250,000 tons of salt to clear the streets.

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New York City was expecting up to 14 inches of snow, which started falling early this morning, though the heaviest amounts were expected to fall at night and into Saturday. Wind gusts of 55 mph were expected in New York City.

"Stay off the city streets. Stay out of your cars and stay at home while the worst of the storm is on us," Bloomberg said Friday.

Connecticut Gov. Dannel P. Malloy declared a state of emergency, deploying National Guard troops across the state to assist in rescues and other emergencies. Schools and state courthouses were closed, and all flights after 1:30 p.m. at Bradley Airport, north of Hartford, Conn., were cancelled. The state's largest utility companies planned for the possibility that 30 percent of customers -- more than 400,000 homes and businesses -- would lose power.

Malloy also directed drivers to stay off the state's major highways.

"Please stay off of 95, 91, 84, Merritt Parkway and any other limited-access road in the state," he said Friday evening.

PHOTOS: Northeast Braces for Snowstorm

Boston, Providence, R.I., Hartford, Conn., and other New England cities canceled school today.

"Stay off the streets of our city. Basically, stay home," Boston Mayor Tom Menino warned Thursday.

On Friday, Menino applauded the public's response.

"I'm very pleased with the compliance with the snow emergency," he said. "You drive down some of the roadways, you don't see one car."

As of 4:30 p.m. Friday, according to the Department of Defense, 837 National Guard soldiers and airmen under state control had been activated in Connecticut, Massachusetts and New York in anticipation of the storm -- 552 in Massachusetts, 235 in Connecticut and 50 in New York. The extra hands were helping with roadways, transportation, making wellness checks on residents and other emergency services.

Beach erosion and coastal flooding is possible from New Jersey to Long Island, N.Y., and into New England coastal areas. Some waves off the coast could reach more than 20 feet.

Blizzard warnings were posted for parts of New Jersey and New York's Long Island, as well as portions of Massachusetts, Rhode Island and Connecticut, including Hartford, New Haven, Conn., and Providence. The warnings extended into New Hampshire and Maine.

To the south, Philadelphia was looking at a possible 4 to 6 inches of snow.

In anticipation of the storm, Amtrak said its Northeast trains would stop running this afternoon.

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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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