Shinde names Bhandara rape-murder victims in Rajya Sabha

NEW DELHI: In what could be a case of violation of law by its custodian, Union home minister Sushilkumar Shinde on Friday committed a gaffe when he named the victims (three minor sisters) of the Bhandara rape incident in the Rajya Sabha while making statement during live televised proceeding of the Upper House.

Although names of the victims were later expunged from the House records in the wake of intervention of the leader of the opposition Arun Jaitley, Shinde's office had by then disclosed the minors' names also to people outside Parliament by emailing his unedited statement to media organizations, including international news agencies.

Within hours Shinde came in for severe flak for his insensitivity. BJP leader Smriti Irani said the home minister's statement was silent on many issues and sought to know why the police was so inept in Bhandara. "If his excuse is ignorance, then he has no right to continue," Irani said.

CPM leader Sitaram Yechury termed the statement as "very unfortunate and very shocking". He said that the "gravity" of sexual crime was not "reflected" in the statement and the government was not paying deserving respect to victims of such crimes. Former Rajya Sabha member Brinda Karat demanded that the minister express public regret. "Who can be held accountable when the central home minister sets an example of such insensitivity? And it not as if the names were mentioned inadvertently, it is not a blunder. No home ministry official or the minister himself thought there was anything wrong in the written statement. He must express regret but the damage has already been done," she said.

Jaitley pointed out the blunder as soon as Shinde had mentioned the victims' names. The Leader of Opposition pointed out that as per law the victims or rape that too minors are not identified or named and their identity should be kept a secret as per Supreme Court guidelines.

"I am sure it is an oversight...Three minor children are being named in the statement of the home minister. What should not have been done, has been done. Victims named should not have been named. Their names have come out and their identity disclosed," Jaitley said suggesting that the home minister should withdraw his statement and a fresh one be made in the House.

Shinde, who was reading out from a written statement on the rape and killing of three minors in Maharashtra, took time to appreciate Jaitley's point. He realized his mistake only when PJ Kurien, deputy chairperson who was in the Chair, told Shinde that Jaitley has raised an important issue. Jaitley then explained the sensitivity of the matter in detail.

Shinde thanked Jaitley for pointing out the "inadvertent" error and sought to withdraw the names. Kurien, immediately, directed media also not to name the victims as listed out in the home minister's statement, saying if it is done it will be taken as a matter of privilege. The Rajya Sabha Secretariat later put out a notice providing the orders of the Chair expunging the remarks made in Shinde's statement.

The Chair's direction was, however, missed out by the home ministry spokesperson's office. It immediately emailed Shinde's statement, carrying names of the minors, to correspondents. Though the North Block - office of the home ministry — later sent another message saying the earlier email stands withdrawn, it did so only after the serious lapse was highlighted by media.

Embarrassed Shinde later ordered a probe into how the names of minor rape victims figured in the statement he made on the Bhandara incident. However, implied in the show of toughness was the admission that he did not go through the statement before reading it out in the House.

"We withdrew the names and deputy chairman of Rajya Sabha expunged it. I have told the (home) secretary to conduct a probe into the matter," he told reporters outside Parliament House reacting to questions on his slip in the Upper House.

Shinde's gaffes

* During the winter session of Parliament last year, he had addressed Pakistani terror outfit Lashkar-e-Taiba chief and 26/11 Mumbai terror attack accused Hafiz Saeed as 'Shri' while making a statement

* In August last year, his taunt against actor-turned-politician Jaya Bachchan ( Samajwadi Party) during a debate on Assam violence that it was not a subject matter of film had evoked strong condemnation from opposition members. After an uproar in the House, Shinde was forced to eat his words and apologize to Bachchan saying she is his sister

* Came under sharp attack from BJP over his recent 'Hindu terror' remark made at the Congress 'chintan shivir' at Jaipur and was forced to make a clarification and express regret just ahead of the budget session of Parliament

* Stoked controversy during the protests over the Delhi gang rape when he appeared to compare the protestors with Maoists

* Remarked recently that the controversy over the coal block allotment will be 'forgotten' in the days to come, just like the Bofors and petrol pump distribution scams, saying public memory was short

* Gave a month's deadline to make some announcement on Telangana in December last year, but later backed out saying there was no deadline as the matter was still being discussed.

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WHO: Slight cancer risk after Japan nuke accident

LONDON (AP) — Two years after Japan's nuclear plant disaster, an international team of experts said Thursday that residents of areas hit by the highest doses of radiation face an increased cancer risk so small it probably won't be detectable.

In fact, experts calculated that increase at about 1 extra percentage point added to a Japanese infant's lifetime cancer risk.

"The additional risk is quite small and will probably be hidden by the noise of other (cancer) risks like people's lifestyle choices and statistical fluctuations," said Richard Wakeford of the University of Manchester, one of the authors of the report. "It's more important not to start smoking than having been in Fukushima."

The report was issued by the World Health Organization, which asked scientists to study the health effects of the disaster in Fukushima, a rural farming region.

On March 11, 2011, an earthquake and tsunami knocked out the Fukushima plant's power and cooling systems, causing meltdowns in three reactors and spewing radiation into the surrounding air, soil and water. The most exposed populations were directly under the plumes of radiation in the most affected communities in Fukushima, which is about 150 miles (240 kilometers) north of Tokyo.

In the report, the highest increases in risk are for people exposed as babies to radiation in the most heavily affected areas. Normally in Japan, the lifetime risk of developing cancer of an organ is about 41 percent for men and 29 percent for women. The new report said that for infants in the most heavily exposed areas, the radiation from Fukushima would add about 1 percentage point to those numbers.

Experts had been particularly worried about a spike in thyroid cancer, since radioactive iodine released in nuclear accidents is absorbed by the thyroid, especially in children. After the Chernobyl disaster, about 6,000 children exposed to radiation later developed thyroid cancer because many drank contaminated milk after the accident.

In Japan, dairy radiation levels were closely monitored, but children are not big milk drinkers there.

The WHO report estimated that women exposed as infants to the most radiation after the Fukushima accident would have a 70 percent higher chance of getting thyroid cancer in their lifetimes. But thyroid cancer is extremely rare and one of the most treatable cancers when caught early. A woman's normal lifetime risk of developing it is about 0.75 percent. That number would rise by 0.5 under the calculated increase for women who got the highest radiation doses as infants.

Wakeford said the increase may be so small it will probably not be observable.

For people beyond the most directly affected areas of Fukushima, Wakeford said the projected cancer risk from the radiation dropped dramatically. "The risks to everyone else were just infinitesimal."

David Brenner of Columbia University in New York, an expert on radiation-induced cancers, said that although the risk to individuals is tiny outside the most contaminated areas, some cancers might still result, at least in theory. But they'd be too rare to be detectable in overall cancer rates, he said.

Brenner said the numerical risk estimates in the WHO report were not surprising. He also said they should be considered imprecise because of the difficulty in determining risk from low doses of radiation. He was not connected with the WHO report.

Some experts said it was surprising that any increase in cancer was even predicted.

"On the basis of the radiation doses people have received, there is no reason to think there would be an increase in cancer in the next 50 years," said Wade Allison, an emeritus professor of physics at Oxford University, who also had no role in developing the new report. "The very small increase in cancers means that it's even less than the risk of crossing the road," he said.

WHO acknowledged in its report that it relied on some assumptions that may have resulted in an overestimate of the radiation dose in the general population.

Gerry Thomas, a professor of molecular pathology at Imperial College London, accused the United Nations health agency of hyping the cancer risk.

"It's understandable that WHO wants to err on the side of caution, but telling the Japanese about a barely significant personal risk may not be helpful," she said.

Thomas said the WHO report used inflated estimates of radiation doses and didn't properly take into account Japan's quick evacuation of people from Fukushima.

"This will fuel fears in Japan that could be more dangerous than the physical effects of radiation," she said, noting that people living under stress have higher rates of heart problems, suicide and mental illness.

In Japan, Norio Kanno, the chief of Iitate village, in one of the regions hardest hit by the disaster, harshly criticized the WHO report on Japanese public television channel NHK, describing it as "totally hypothetical."

Many people who remain in Fukushima still fear long-term health risks from the radiation, and some refuse to let their children play outside or eat locally grown food.

Some restrictions have been lifted on a 12-mile (20-kilometer) zone around the nuclear plant. But large sections of land in the area remain off-limits. Many residents aren't expected to be able to return to their homes for years.

Kanno accused the report's authors of exaggerating the cancer risk and stoking fear among residents.

"I'm enraged," he said.

___

Mari Yamaguchi in Tokyo and AP Science Writer Malcolm Ritter in New York contributed to this report.

__

Online:

WHO report: http://bit.ly/YDCXcb

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Sequester Government Shutdown Looks Unlikely

Mar 1, 2013 4:13pm

Andrew Harrer/Bloomberg/Getty Imag

It may not be readily obvious from the blizzard of news out there today on the “sequester,” but a government shutdown became significantly less likely today, even as the automatic budget cuts barreled ahead toward reality.

What happened? Both sides – Republicans and Democrats – basically seem to have agreed that as they will continue to fight out the $85 billion in automatic budget cuts starting to take effect today, they will not allow that disagreement to jeopardize full funding for the federal government. That funding is now scheduled to expire March 27.

RELATED: President Obama, Congressional Leaders Fail to Avert Sequester Cuts

After the White House meeting this morning, House Speaker John Boehner said he would have the House vote next week to fund the full government – what’s known as a “continuing resolution.”

Boehner: “I did lay out that the House is going to move a continuing resolution next week to fund the government past March 27th, and I’m hopeful that we won’t have to deal with the threat of a government shutdown while we’re dealing with the sequester at the same time. The House will act next week, and I hope the Senate will follow suit.”

READ MORE: 6 Questions (and Answers) About the Sequester

Boehner’s office provided this read-out of the meeting: “The president and leaders agreed legislation should be enacted this month to prevent a government shutdown while we continue to work on a solution to replace the president’s sequester.”

The president was asked at his mini-news conference whether he would definitely sign such a bill, even if it keeps government going at the new, lower spending levels as this fight is resolved (or not).

RELATED: 57 Terrible Consequences of the Sequester

Obama’s response: “With respect to the budget and keeping the government open – I’ll try for our viewing audience to make sure that we’re not talking in Washington gobbledygook. What’s called the continuing resolution, which is essentially just an extension of last year’s budget into this year’s budget to make sure that basic government functions continue, I think it’s the right thing to do to make sure that we don’t have a government shutdown. And that’s preventable.”

So even as we moved toward the brink of sequester, the nation’s leaders took a step back from another, much larger cliff.

SHOWS: World News

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Oil prices fall as US sequester cuts loom

NEW YORK: Oil prices fell late in the session Thursday after trading slightly higher much of the day, with traders blaming portfolio adjustment on the final day of the month.

But prices were also soft as the United States appeared headed for slower economic growth due to mandated spending cuts that kick in beginning Friday.

New York's main contract, West Texas Intermediate crude for April delivery, lost 71 cents from late Wednesday, closing at $92.05 a barrel.

Brent North Sea crude for April fell 49 cents to $111.38 a barrel in London trade.

Prices were fairly stable much of the day, showing little impact from an improved but still disappointing revision to the US growth rate for the 2012 fourth quarter, to a positive 0.1 percent from the original estimate of a 0.1 percent contraction.

But late in the session support for WTI and Brent dropped out.

"That has a lot to do with the technical selling pressure that finally gave up towards the end of the day. Today is the last day of the month and you'll see some month-end rebalancing," said David Bouckhout of TD Securities.

The market also appeared well-supplied given the pace of the global economy, analysts said.

"Fundamentally, oil prices are unlikely to rise much in the short-term as demand remains weak and supply abundant," said Fawad Razaqzada of traders GFT Markets.

The US appeared headed for a growth slowdown as the US government's "sequester" budget cuts appeared likely to take effect Friday.

Economists warn the $85 billion in spending reductions for the next seven months will take off a 0.5 percentage point from potential growth, if politicians cannot find a last-minute compromise in White House talks Friday.

-AFP/ac

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6 Bihar cops get 3-year jail term for assaulting judge

BHAGALPUR: A Bhagalpur court on Thursday awarded three years' imprisonment to six police officers for assaulting an additional district judge (ADJ) inside the court premises more than 15 years ago.

The incident took place on November 18, 1997 when a group of policemen went on the rampage after ADJ D N Barai ordered inspector Joku Ram to be sent in judicial custody. A non-bailable warrant of arrest had been pending against Ram for long after he did not turn up to depose as a witness in a case.

Furious policemen ransacked the court premises and assaulted the ADJ as well as some lawyers. A judicial probe was ordered into the incident and cases were filed by the then registrar of the court as well as the ADJ.

Prosecution counsel Mukti Prasad Singh said the court, while pronouncing the sentence, granted bail to the policemen so that they could appeal against the verdict.

The convicted policemen are - police inspector K D Choudhary, SI Shashi Lata Singh, SI P K Singh, ASI Chakradhar Jha, SI K N Singh and Ranjit Pandey, the then sergeant major of Bhagalpur.

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WHO: Slight cancer risk after Japan nuke accident

LONDON (AP) — Two years after Japan's nuclear plant disaster, an international team of experts said Thursday that residents of areas hit by the highest doses of radiation face an increased cancer risk so small it probably won't be detectable.

In fact, experts calculated that increase at about 1 extra percentage point added to a Japanese infant's lifetime cancer risk.

"The additional risk is quite small and will probably be hidden by the noise of other (cancer) risks like people's lifestyle choices and statistical fluctuations," said Richard Wakeford of the University of Manchester, one of the authors of the report. "It's more important not to start smoking than having been in Fukushima."

The report was issued by the World Health Organization, which asked scientists to study the health effects of the disaster in Fukushima, a rural farming region.

On March 11, 2011, an earthquake and tsunami knocked out the Fukushima plant's power and cooling systems, causing meltdowns in three reactors and spewing radiation into the surrounding air, soil and water. The most exposed populations were directly under the plumes of radiation in the most affected communities in Fukushima, which is about 150 miles (240 kilometers) north of Tokyo.

In the report, the highest increases in risk are for people exposed as babies to radiation in the most heavily affected areas. Normally in Japan, the lifetime risk of developing cancer of an organ is about 41 percent for men and 29 percent for women. The new report said that for infants in the most heavily exposed areas, the radiation from Fukushima would add about 1 percentage point to those numbers.

Experts had been particularly worried about a spike in thyroid cancer, since radioactive iodine released in nuclear accidents is absorbed by the thyroid, especially in children. After the Chernobyl disaster, about 6,000 children exposed to radiation later developed thyroid cancer because many drank contaminated milk after the accident.

In Japan, dairy radiation levels were closely monitored, but children are not big milk drinkers there.

The WHO report estimated that women exposed as infants to the most radiation after the Fukushima accident would have a 70 percent higher chance of getting thyroid cancer in their lifetimes. But thyroid cancer is extremely rare and one of the most treatable cancers when caught early. A woman's normal lifetime risk of developing it is about 0.75 percent. That number would rise by 0.5 under the calculated increase for women who got the highest radiation doses as infants.

Wakeford said the increase may be so small it will probably not be observable.

For people beyond the most directly affected areas of Fukushima, Wakeford said the projected cancer risk from the radiation dropped dramatically. "The risks to everyone else were just infinitesimal."

David Brenner of Columbia University in New York, an expert on radiation-induced cancers, said that although the risk to individuals is tiny outside the most contaminated areas, some cancers might still result, at least in theory. But they'd be too rare to be detectable in overall cancer rates, he said.

Brenner said the numerical risk estimates in the WHO report were not surprising. He also said they should be considered imprecise because of the difficulty in determining risk from low doses of radiation. He was not connected with the WHO report.

Some experts said it was surprising that any increase in cancer was even predicted.

"On the basis of the radiation doses people have received, there is no reason to think there would be an increase in cancer in the next 50 years," said Wade Allison, an emeritus professor of physics at Oxford University, who also had no role in developing the new report. "The very small increase in cancers means that it's even less than the risk of crossing the road," he said.

WHO acknowledged in its report that it relied on some assumptions that may have resulted in an overestimate of the radiation dose in the general population.

Gerry Thomas, a professor of molecular pathology at Imperial College London, accused the United Nations health agency of hyping the cancer risk.

"It's understandable that WHO wants to err on the side of caution, but telling the Japanese about a barely significant personal risk may not be helpful," she said.

Thomas said the WHO report used inflated estimates of radiation doses and didn't properly take into account Japan's quick evacuation of people from Fukushima.

"This will fuel fears in Japan that could be more dangerous than the physical effects of radiation," she said, noting that people living under stress have higher rates of heart problems, suicide and mental illness.

In Japan, Norio Kanno, the chief of Iitate village, in one of the regions hardest hit by the disaster, harshly criticized the WHO report on Japanese public television channel NHK, describing it as "totally hypothetical."

Many people who remain in Fukushima still fear long-term health risks from the radiation, and some refuse to let their children play outside or eat locally grown food.

Some restrictions have been lifted on a 12-mile (20-kilometer) zone around the nuclear plant. But large sections of land in the area remain off-limits. Many residents aren't expected to be able to return to their homes for years.

Kanno accused the report's authors of exaggerating the cancer risk and stoking fear among residents.

"I'm enraged," he said.

___

Mari Yamaguchi in Tokyo and AP Science Writer Malcolm Ritter in New York contributed to this report.

__

Online:

WHO report: http://bit.ly/YDCXcb

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Obama Admin to File Brief on Gay Marriage

Solicitor General Donald B. Verrilli, plans to file a brief today with the Supreme Court regarding Prop 8, according to an administration source.

It would mark the first time that the Obama administration has come out in court with an opinion on the California ballot initiative that defines marriage as between one man and one woman.

As far back as 2008, the president said that he thought Prop 8 was "divisive and discriminatory," but his Justice Department has never opined on its constitutionality. Because the DOJ is not a party to the case, it is not required to file a "friend of the court" brief, but the deadlines for briefs supporting the challengers to Prop 8 is tonight at midnight.

Justin Sullivan/Getty Images

Theodore Olson, one of the lead lawyers challenging Prop 8, told reporters last week that he hoped the DOJ lawyers would take the opportunity to set down a legal position.

"However," Olson added, "whether they do or not, the president of the United States made it very clear in his inaugural address that we cannot rest in America until all civilians have equal rights under the law so, in a sense, the president has made that statement already."

Today, 39 states have laws restricting marriage to opposite-sex couples. This number includes voter-approved constitutional amendments in 30 states barring same sex marriage. Nine states allow gay marriage.

Related: Eric Holder Says Gay Marriage is the Next Civil Rights Issue

Related: Republican Moderates Join Legal Fight for Gay Marriage

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West to send Syrian rebels aid, not arms

ROME (Reuters) - Western powers pledged aid for Syrian rebels on Thursday but stopped short of offering them weapons, disappointing opponents of President Bashar al-Assad clamoring for more arms.

More than 70,000 Syrians have been killed in a fierce conflict that began with peaceful anti-Assad protests nearly two years ago.

Washington has given $385 million in humanitarian aid for Syria but U.S. President Barack Obama has so far refused to give arms, arguing it is difficult to prevent them from falling into the hands of militants who could use them on Western targets.

The United States said it would for the first time give non-lethal aid to the rebels and would more than double its support to Syria's civilian opposition, casting it as a way to bolster the rebels' popular support.

The help will include medical supplies, food for rebel fighters and $60 million to help the civil opposition provide basic services like security, education and sanitation.

U.S. Secretary of State John Kerry announced the new steps after a meeting of 11 mostly European and Arab nations within the "Friends of Syria" group.

The European Union, acting on a decision this month to send direct aid to the rebels, said it had amended sanctions on Syria to permit the supply of armored vehicles, non-lethal military equipment and technical aid, provided they were intended to protect civilians.

If the provision of non-lethal assistance goes smoothly, it could conceivably offer a model for providing weaponry should Western governments ultimately decide to do so.

The aid offered for now did not appear to entirely satisfy the Syrian National Council opposition, a fractious Cairo-based group that has struggled to gain traction inside Syria, especially among disparate rebel forces.

"Many sides ... focus (more) on the length of the rebel fighter's beard than they do on the blood of the children being killed," Syrian National Coalition President Moaz Alkhatib said at an appearance with Kerry and Italian Foreign Minister Giulio Terzi.

A rebel commander in Aleppo, Syria's second city left devastated by several months of heavy fighting, said the lack of arms was the main obstacle to victory for his forces.

"We hope ... that weapons will flow and things will change but we are not waiting for them - we are going ahead with our fighting plans on the ground," the commander, Abdel-Jabbar Oqaidi, told Reuters by Skype.

He estimated that four fifths of the city was now under rebel control and the insurgents had taken over Aleppo's historic Umayyad mosque and the Palace of Justice. The claim could not immediately be verified.

A picture posted on the Internet showed what activists said was a rebel fighter prostrate in prayer in the Umayyad mosque's courtyard, its blackened archways still bearing signs of a fire which damaged the 13th century complex last year.

The rebels were still fighting for control of three airports in the Aleppo region, Oqaidi said.

DISAPPOINTMENT

In what analysts described as a sign of disappointment at the West's reluctance to send arms, Syria's political opposition postponed talks to choose the leader of a provisional government, two opposition sources told Reuters in Beirut.

Opposition leaders hoped a Saturday meeting in Istanbul would elect a prime minister to operate in rebel-controlled areas of Syria, threatened by a slide into chaos as the conflict between Assad's forces and insurgents nears its second anniversary.

While one source said the meeting might happen later in the week, a second source said it had been put off because the three most likely candidates for prime minister had reservations about taking the role without more concrete international support.

"The opposition has been increasingly signaling that it is tired of waiting and no one serious will agree to be head of a government without real political and logistical support," said Syrian political commentator Hassan Bali, who lives in Germany.

Bali said the United States and other members of the core "Friends of Syria" nations appeared intent "on raising the ante against Assad but are not sure how."

A final communiqué said participants would "coordinate their efforts closely so as to best empower the Syrian people and support the Supreme Military Command of the (rebel) Free Syrian Army in its efforts to help them exercise self-defense".

Kerry said the United States would for the first time provide assistance - in the form of medical supplies and the standard U.S. military ration known as Meals Ready to Eat, or MREs - to the fighters.

A U.S. official told reporters it would give the aid only to carefully vetted fighters, adding that the United States was worried that "extremists" opposed to democracy, human rights and tolerance were gaining ground in the country.

"Those members of the opposition who support our shared values ... need to set an example of a Syria where daily life is governed neither by the brutality of the Assad regime nor by the agenda of al Qaeda affiliated extremists," the official said.

REBELS WANT ANTI-TANK, ANTI-AIRCRAFT WEAPONS

The continued U.S. refusal to send weapons may compound the frustration that prompted the coalition to say last week it would shun the Rome talks. It attended only under U.S. pressure.

Many in the coalition say Western reluctance to arm rebels only plays into the hands of Islamist militants now widely seen as the most effective forces in the struggle to topple Assad.

With fighting raging on largely sectarian lines, French President Francois Hollande said at a Moscow summit that new partners were needed to broker talks on ending the crisis, winning guarded support from Russian President Vladimir Putin.

"We think that this dialogue must find a new form so that it speaks to all parties," said Hollande, giving few details of his proposal.

Putin said Russia - one of Assad's staunchest allies - would look at Hollande's proposal, "which I think we could consider with all our partners and try to carry out."

Russia has said Assad's departure must not be a precondition for talks and a political solution, while the West has sided with Syria's opposition in demanding his removal from power.

Kerry's offer of medical aid and food rations fell far short of rebel demands for sophisticated anti-tank and anti-aircraft weapons to help turn the tables against Assad's mostly Russian-supplied forces.

It also stopped short of providing other forms of non-lethal assistance such as bullet-proof vests, armored personnel vehicles and military training to the insurgents.

Last week the European Union opened the way for direct aid to Syrian rebels, but did not lift an arms embargo on Syria.

Kerry said the U.S. role should not be judged in isolation but in the context of what other nations will do.

"What we are doing ... is part of a whole," he said. "I am absolutely confident ... that the totality of this effort is going to have an impact of the ability of the Syrian opposition to accomplish its goals."

(Additional reporting by Mariam Karouny; Writing by Alistair Lyon; Editing by Roger Atwood and Tom Pfeiffer)

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Football: Robben strikes as Bayern dump Dortmund out of cup

MUNICH, Germany: Bayern Munich ended their three-year wait for a competitive win over Borussia Dortmund on Wednesday as Arjen Robben's first-half strike sealed a 1-0 German Cup quarter-final victory.

February 2010 had been the occasion of Bayern's last league or cup win over Dortmund -- a six-game stretch -- but Robben's thunderbolt two minutes before the break at the Allianz Arena was enough to put Munich in the last four.

A pre-season Supercup final win in Munich last August had been Bayern's only source of comfort against Borussia recently.

Despite having spent much of this season on Bayern' bench, Robben took over on the left-wing from France's Franck Ribery, who was suspended, to show coach Jupp Heynckes what he has been missing.

The 29-year-old ex-Chelsea and Real Madrid star sank to his knees and beat the turf at the final whistle in delight.

He has now scored in three of Bayern's last four games after netting in recent Bundesliga wins over Wolfsburg and the 6-1 drubbing of Werder Bremen last Saturday.

This was the clash of Germany's titans -- Bayern Munich, 17 points clear in the Bundesliga against defending league champions and cup holders Dortmund, who have dominated the top-tier of German football for the last two years.

Germany defender Mats Hummels dropped out the day of the game with flu and in his place Brazilian Felipe Santana partnered Neven Subotic at centre-back for Dortmund.

Robben's inclusion for the suspended Ribery was the only change from the team which won 3-1 at Arsenal in the Champions League just over a week ago.

Dortmund hammered Bayern 5-2 in last May's German Cup final, when Poland striker Robert Lewandowski netted a hat-trick.

If Wednesday's game needed extra spice, Lewandowski has been strongly linked to a move to Bayern with his contract to expire in 2014.

In a tight, nervy cup game, both teams had their opportunities.

The brightest chance of the first-half fell to Javi Martinez when his shot straight at Roman Weidenfeller was parried and the Dortmund goalkeeper scrambled back to grab the loose ball on 36 minutes.

Bayern kept up the pressure and when Dortmund's Marcel Schmelzer hit a weak clearance, Robben's shot from 18 metres clocked 115km/h (70mph) as it hit the top-right corner on 43 minutes for what proved to be the winner.

With Dortmund out, Bayern are now clear cup favourites and are on course to be the first team to win the treble of German league, cup and Champions League titles in their quest to end their three-year wait for silverware.

VfB Stuttgart, who beat third-division VfL Bochum 2-0, Wolfsburg and Freiburg are the other teams to go into the pot for Sunday's draw with the semi-finals to be held on April 16/17, with the final on June 1 in Berlin.

- AFP/ac

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Varun Gandhi acquitted in hate speech case

LUCKNOW: Bringing some relief to Varun Gandhi, a Pilibhit court on Wednesday acquitted the BJP MP in one of the two 'hate speech' cases registered against him in the run-up to 2009 Lok Sabha polls.

The BJP leader faced charges under IPC and Representation of People Act for promoting enmity among people and supporting acts prejudicial to communal harmony while making allegedly inflammatory speeches.

The first FIR against Varun was lodged on March 17, 2009 at Barkhera police station and the second one a day later in Dal Chand for allegedly making speeches with communal overtones. A third FIR was lodged on March 28, 2009 when Varun's supporters attacked police after the court remanded him in judicial custody.

On Wednesday, the court acquitted the Pilibhit MP in the second case on the basis of eyewitness accounts and a report of Forensic Science Laboratory (FSL), Chandigarh, which concluded that video CD of the alleged 'hate speech' had been 'doctored'. The court said 51 of the 53 eye-witnesses testified in favour of the BJP leader.

Varun had maintained that the cases were filed to malign his image. Defending his campaign statements, the BJP MP had argued that in one of the speeches, he had referred to 'bad elements' while the tapes of the second speech were 'doctored'.

The then Mayawati government had slapped the National Security Act (NSA) against Varun who was finally released on bail by the Supreme Court which directed the state government to drop the NSA charges.

In September, Varun had urged the Samajwadi Party (SP) government to withdraw the "politically motivated" cases against him. Following his request, the government had asked the Pilibhit administration whether it was possible to drop the charges.

Welcoming the verdict, Varun said in a statement: "I have always reposed my faith in the judiciary and I welcome the decision of the honourable court that upholds my commitment to a strong and united India. I would like to thank all the people who have stood by me and believed in me through this difficult time."

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