Hate speech case: Court frames charges against Varun Gandhi

LUCKNOW: After three years of legal process, a local court in Pilibhit district of Uttar Pradesh framed (UP) charges against Varun Gandhi, Bharatiya Janata Party (BJP) MP from Pilibhit, in the 2009 hate speech case. Varun had allegedly made inflammatory comments against Muslims in his speeches at public meetings in Pilibhit during 2009 Lok Sabha election campaign.

Framing of charges by the court means that Varun will have to face the trial. The development has come amid speculation that the UP government may withdraw cases lodged against Varun during the previous Mayawati regime.

Chief Judicial Magistrate Abdul Qyaum took cognizance of the charge sheets filed by the police in two criminal cases lodged against Varun for making hate speeches. The court took cognizance under Section 505(2) and 295 of the Indian Penal Code.

Great-grandson of the country's first prime minister Jawaharlal Nehru, Varun has been booked under various sections of the Indian Penal Code and the People's Representative Act for promoting enmity and acts prejudicial to maintenance of harmony. While two FIRs were lodged against Varun for allegedly delivering inflammatory speeches, one was lodged in connection with the violence when he was taken to jail after his surrender.

Varun, however, had strongly denied the charges and termed the case as an attempt to malign his image. He had claimed that in one instance he was referring to bad elements and in the second one, the tapes have been doctored.

In 2009, Mayawati led Bahujan Samaj Party (BSP) was in power in the state. Varun was arrested in March 2009 for alleged hate speeches. The state government had then also slapped National Security Act (NSA) on the 32-year-old BJP leader but it was revoked in May 2009 on the direction of the Supreme Court. Now, Akhilesh Yadav Samajwadi Party (SP) is at the helms of affair in UP.

Significantly, Varun had in September this year written to the SP government requesting to withdraw cases against him while describing them as 'politically motivated'. On his request, the state government had sought a report from the Pilibhit district administration on whether the cases could be withdrawn or not in public interest.

The first FIR against Varun was lodged on March 17, 2009, at Barkhera police station for delivering inflammatory speech during a public meeting on March 8, 2009. The second FIR was lodged on March 18, 2009, again for allegedly making an inflammatory speech with communal overtones at Dal Chand locality. The third FIR was lodged against Varun on March 28, 2009, when his supporters attacked police after the court sent him for judicial custody. However, Varun won election from Pilibhit.

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Kenya village of AIDS orphans hangs hopes on trees

NYUMBANI, Kenya (AP) — There are no middle-aged adults in the Kenyan village of Nyumbani. They all died years ago. Only the young and old live here.

The 938 children here all saw their parents die. The 97 grandparents saw their middle-aged children die. But put together, the bookend generations take care of one another.

UNAIDS says that as of 2011 an estimated 23.5 million people living with HIV resided in sub-Saharan Africa, representing 69 percent of the global HIV burden. Eastern and southern Africa are the hardest-hit regions.

Saturday is World AIDS Day.

Nyumbani is currently planting tens of thousands of trees for the fourth straight year in the hopes that the village will soon harvest the hardwood and become self-sustaining.

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2 Towns Hint at Powerball Winners

The $587 million question on the identity of the winners in the historic Powerball jackpot is still a mystery, but residents in Missouri and Maryland say they already know who the two lucky winners are.

Employees and customers at Marlboro Village Exxon in Upper Marlboro, Md., said a tall, black, bald man held the winning ticket purchased in Arizona, according to ABC News affiliate WJLA-TV.

Meanwhile, speculation began running wild in the small town of Dearborn, Mo., when a factory worker named Mark Hill updated his Facebook account late Thursday, writing, "We are truly blessed, we are lucky winners of the Powerball."

Within hours, his family began celebrating, telling ABC News Hill is one of the two big winners.

"Just shocked. I mean, I thought we were all going to have heart attacks," Hill's mother, Shirley, said Thursday.

Hill's mother says her son and his wife, Cindy, have three grown sons and an adopted daughter from China, but the family has been struggling financially.

Hill works in a hot dog and deli packaging factory, but it was unclear whether he showed up for work Thursday night.

"I'm very happy for him. He's worked hard in his life; well, not anymore," Hill's son Jason said. "Well, I hope we all stay very grounded, stay humble and don't forget who we are."

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Missouri Lottery official Susan Goedde confirmed to ABC News Thursday that one of the winning tickets was purchased at a Trex Mart in Dearborn, about 30 miles north of Kansas City.

Lottery officials won't confirm whether Hill is the winner but family members offered another clue: Some of the winning numbers turned out to be the jersey numbers of some all-star Kansas City Royals baseball players, Hill's favorite team.

Hall of Fame third basemen George Brett wore 5; Willie Wilson 6; Bo Jackson 16.

The winning numbers were 5, 23, 16, 22 and 29; Powerball was 6.

Hill did not respond to ABC News' requests for comment.

In Maryland, surveillance cameras at the Upper Marlboro gas station captured the apparent winner walking into the store Thursday afternoon, digging into his chest pocket for his lottery tickets. After a few seconds of scanning the wad of tickets, the man began jumping up and down, pumping his arms.

The man gave the tickets to store manager Nagassi Ghebre, who says the six Powerball numbers was on the ticket, which the apparent winner said he bought in Arizona.

"And then he said, 'I got to get out of here,'" employee Freddie Lopez told WJLA.

But before leaving, the possible winner felt the need to check again to see whether he really had the ticket that millions of Americans dreamed of having.

"He says, 'Is this the right number? I don't know.' And I said, 'Yeah that's the numbers. You got them all,'" customer Paul Gaug told WJLA.

Employees and customers said the main stuck around for a few more seconds shouting, "I won," before leaving.

"He came back a minute later and said, 'I forgot to get my gas. What am I thinking?'" Lopez said.

The man drove out of the gas station in a black car and on a full tank of gas with a cash payout of $192.5 million coming his way.

"He said he lives in Maryland. I'm pretty sure," Gaug said.

The possible jackpot winner was wearing bright neon clothing and store employees told WJLA that he appeared to be a highway or construction worker.

Arizona lottery officials told WJLA that if the man does have the winning ticket, it needs to be redeemed within 180 days of the drawing in Arizona.

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U.N. set for implicit recognition of Palestinian state, despite U.S., Israel threats

UNITED NATIONS (Reuters) - The U.N. General Assembly is set to implicitly recognize a sovereign state of Palestine on Thursday despite threats by the United States and Israel to punish the Palestinian Authority by withholding much-needed funds for the West Bank government.

A resolution that would change the Palestinian Authority's U.N. observer status from "entity" to "non-member state," like the Vatican, is expected to pass easily in the 193-nation General Assembly.

Israel, the United States and a handful of other members are planning to vote against what they see as a largely symbolic and counterproductive move by the Palestinians, which takes place on the 65th anniversary of the assembly's adoption of resolution 181 on the partition of Palestine into Jewish and Arab states.

Palestinian President Mahmoud Abbas has been leading the campaign to win support for the resolution, and over a dozen European governments have offered him their support after an eight-day conflict this month between Israel and Islamists in the Gaza Strip, who are pledged to Israel's destruction and oppose his efforts toward a negotiated peace.

The U.S. State Department said on Wednesday that Deputy Secretary of State Bill Burns and U.S. Middle East peace envoy David Hale traveled to New York on Wednesday in a last-ditch effort to get Abbas to reconsider.

The Palestinians gave no sign they were turning back.

Secretary of State Hillary Clinton repeated to reporters in Washington on Wednesday the U.S. view that the Palestinian move was misguided and efforts should focus instead on reviving the stalled Middle East peace process.

"The path to a two-state solution that fulfills the aspirations of the Palestinian people is through Jerusalem and Ramallah, not New York," she said. "The only way to get a lasting solution is to commence direct negotiations."

State Department spokeswoman Victoria Nuland reiterated U.S. warnings that the move could cause a reduction of U.S. economic support for the Palestinians. The Israelis have also warned they might take significant deductions out of monthly transfers of duties that Israel collects on the Palestinians' behalf.

Despite its fierce opposition, Israel seems concerned not to find itself diplomatically isolated. It has recently toned down threats of retaliation in the face of wide international support for the initiative, notably among its European allies.

"The decision at the United Nations will change nothing on the ground," Israeli Prime Minister Benjamin Netanyahu said in Jerusalem. "It will not advance the establishment of a Palestinian state. It will delay it further."

'SLAP IN THE FACE'

Granting Palestinians the title of "non-member observer state" falls short of full U.N. membership - something the Palestinians failed to achieve last year. But it would allow them access to the International Criminal Court and some other international bodies, should they choose to join them.

Hanan Ashrawi, a top Palestinian Liberation Organization official, told a news conference in Ramallah that "the Palestinians can't be blackmailed all the time with money."

"If Israel wants to destabilize the whole region, it can," she said. "We are talking to the Arab world about their support, if Israel responds with financial measures, and the EU has indicated they will not stop their support to us."

Peace talks have been stalled for two years, mainly over the issue of Israeli settlements in the West Bank, which have expanded despite being deemed illegal by most of the world.

In the draft resolution, the Palestinians have pledged to relaunch the peace process immediately following the U.N. vote.

As there is little doubt about how the United States will vote when the Palestinian resolution to upgrade its U.N. status is put to a vote sometime after 3 p.m. (2000 GMT) on Thursday, the Palestinian Authority has been concentrating its efforts on lobbying wealthy European states, diplomats say.

With strong support from the developing world that makes up the majority of U.N. members, the resolution is virtually assured of securing more than the requisite simple majority. Palestinian officials hope for more than 130 yes votes.

Abbas has been trying to amass as many European votes in favor as possible.

Austria, Denmark, Norway, Finland, France, Greece, Iceland, Ireland, Luxembourg, Malta, Portugal, Spain, Sweden and Switzerland all pledged to support the Palestinian resolution. Britain said it was prepared to vote yes, but only if the Palestinians fulfilled certain conditions.

Diplomats said the Czech Republic was expected to vote against the move, potentially dashing European hopes to avoid a three-way split in the vote. Germany and the Netherlands said they planned to abstain, like Estonia and Lithuania.

Ashrawi said the positive responses from European states were encouraging and sent a message of hope to all Palestinians.

"This constitutes a historical turning point and opportunity for the world to rectify a grave historical injustice that the Palestinians have undergone since the creation of the state of Israel in 1948," she said.

A strong backing from European nations could make it awkward for Israel to implement harsh retaliatory measures. But Israel's reaction might not be so measured if the Palestinians seek ICC action against Israel on charges of war crimes, crimes against humanity or other crimes the court would have jurisdiction over.

Israel also seems wary of weakening the Western-backed Abbas, especially after the political boost rival Hamas received from recent solidarity visits to Gaza by top officials from Egypt, Qatar and Tunisia.

Hamas militants, who control Gaza and have had icy relations with the Palestinian Authority in the West Bank, unexpectedly offered Abbas their support this week.

One Western diplomat said the Palestinian move was almost an insult to recently re-elected U.S. President Barack Obama.

"It's not the best way to convince Mr. Obama to have a more positive approach toward the peace process," said the diplomat, who was planning to vote for the resolution. "Three weeks after his election, it's basically a slap in the face."

(Andrew Quinn in Washington, Noah Browning in Ramallah, Jeffrey Heller in Jerusalem, Michelle Nichols in New York, and Reuters bureaux in Europe and elsewhere; Editing by Peter Cooney and Xavier Briand)

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US jobless claims recede, still show Sandy impact

WASHINGTON: US jobless claims fell back to 393,000 in the most recent week, the Labour Department said on Thursday, still showing the impact of superstorm Sandy which blasted the Northeast in late October.

Claims in the week to November 24 fell from 416,000 the previous week and 451,000 in the November 10 week.

But they remained well above the 360-380,000 range held most of this year.

The three weeks of high claims, much the result of the shutdown of the economy in and around New York due to the storm, pushed the four-week rolling average to 405,250.

Many companies in the region, especially small businesses, are still struggling to get back to normal nearly one month after the storm struck.

- AFP/de

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Facebook case: Maharashtra Police to drop case against girls

MUMBAI: Facing flak, Maharashtra Police today decided to drop charges against the two girls whose arrests over their Facebook post criticising the shutdown here during Bal Thackeray's funeral sparked a national outrage.

In a relief to the girls, the dropping of charges came on a day when the Supreme Court said it was considering to take suo motu cognisance of recent incidents of arrest of people for offences under Section 66A of the Information Technology (IT) Act which deals with online offensive content.

In a related case, a 19-year-old boy from neighbouring Thane district, detained on suspicion of posting an "objectionable" Facebook comment against MNS chief Raj Thackeray, was let off after police found that a "fake account" was used by some persons in the teenager's name.

"No chargesheet will be filed in the case of arrest of two girls from Palghar. There will be a closure report," Director General of Police Sanjeev Dayal said.

The closure report in a case is usually filed by police before the court concerned when investigators conclude that no case is made out against the accused.

Shaheen Dhada and Rinu Shrinivasan, both 21, were arrested after Dhada had criticised in a Facebook post the November 18 shutdown due to Thackeray's funeral. Shrinivasan had 'liked' the post. The two were later granted bail shortly after they were remanded in 14-day judicial custody.

Though Dhada did not name Thackeray, a local Sena leader complained against the girls and police arrested the duo on November 19, sparking an outcry.

Maharashtra government on Tuesday suspended the two police officers, SP (Thane rural) Ravindra Sengaonkar and senior police inspector Shrikant Pingle, for arresting the girls.

A bandh was observed at Palghar town in adjoining Thane district yesterday following a call by Shiv Sena against suspension of the two police officers. "Sunil Vishwakarma is cooperating with us in the case and was allowed to go last night after initial questioning. He is nowhere involved in the case," a senior police officer said.

Police in neighbouring Thane district had picked up the boy after receiving a complaint alleging that he had posted some "objectionable" comment on Raj Thackeray on the social networking site. The boy has not been charged.

According to police, a "fake account" was used by unidentified person or persons in the teenager's name and a case was being registered in this regard.

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Simple measures cut infections caught in hospitals

CHICAGO (AP) — Preventing surgery-linked infections is a major concern for hospitals and it turns out some simple measures can make a big difference.

A project at seven big hospitals reduced infections after colorectal surgeries by nearly one-third. It prevented an estimated 135 infections, saving almost $4 million, the Joint Commission hospital regulating group and the American College of Surgeons announced Wednesday. The two groups directed the 2 1/2-year project.

Solutions included having patients shower with special germ-fighting soap before surgery, and having surgery teams change gowns, gloves and instruments during operations to prevent spreading germs picked up during the procedures.

Some hospitals used special wound-protecting devices on surgery openings to keep intestine germs from reaching the skin.

The average rate of infections linked with colorectal operations at the seven hospitals dropped from about 16 percent of patients during a 10-month phase when hospitals started adopting changes to almost 11 percent once all the changes had been made.

Hospital stays for patients who got infections dropped from an average of 15 days to 13 days, which helped cut costs.

"The improvements translate into safer patient care," said Dr. Mark Chassin, president of the Joint Commission. "Now it's our job to spread these effective interventions to all hospitals."

Almost 2 million health care-related infections occur each year nationwide; more than 90,000 of these are fatal.

Besides wanting to keep patients healthy, hospitals have a monetary incentive to prevent these infections. Medicare cuts payments to hospitals that have lots of certain health care-related infections, and those cuts are expected to increase under the new health care law.

The project involved surgeries for cancer and other colorectal problems. Infections linked with colorectal surgery are particularly common because intestinal tract bacteria are so abundant.

To succeed at reducing infection rates requires hospitals to commit to changing habits, "to really look in the mirror and identify these things," said Dr. Clifford Ko of the American College of Surgeons.

The hospitals involved were Cedars-Sinai Medical Center in Los Angeles; Cleveland Clinic in Ohio; Mayo Clinic-Rochester Methodist Hospital in Rochester, Minn.; North Shore-Long Island Jewish Health System in Great Neck, NY; Northwestern Memorial Hospital in Chicago; OSF Saint Francis Medical Center in Peoria, Ill.; and Stanford Hospital & Clinics in Palo Alto, Calif.

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Online:

Joint Commission: http://www.jointcommission.org

American College of Surgeons: http://www.facs.org

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Two Winners in Record Powerball Jackpot

Winning tickets for the record Powerball jackpot worth more than $587 million were purchased in Arizona and Missouri.

Missouri Lottery official Susan Goedde confirmed to ABC News this morning that one of the winning tickets was purchased in the state, but they would not announce which town until later this morning.

Arizona lottery officials said they had no information on that state's winner or winners but would announce where it was sold during a news conference later in the day.

The winning numbers for the jackpot were 5, 23, 16, 22 and 29. The Powerball was 6.

The jackpot swelled to $587.5 million, according to Lottery official Sue Dooley. The two winners will split the jackpot each getting $293.75 million. The cash payout is $192.5 million each.

An additional 8,924,123 players won smaller prizes, according to Powerball's website.

"There were 58 winners of $1 million and there were eight winners of $2 million. So a total of $74 million," said Chuck Strutt, Director of the Multi-State Lottery Association.

In Photos: Biggest Lotto Jackpot Winners

This is the 27th win for Missouri, ranking it second in the nation for lottery winners after Indiana, which has 38 wins. Arizona has had 10 Powerball jackpot wins in its history.

Players bought tickets at the rate of 131,000 every minute up until an hour before the deadline of 11 p.m. ET, according to lottery officials.

The jackpot had already rolled over 16 consecutive times without a winner. That fact, plus the doubling in price of a Powerball ticket, accounted for the unprecedented richness of the pot.

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"Back in January, we moved Powerball from being a $1 game to $2," said Mary Neubauer, a spokeswoman at the game's headquarters in Iowa. "We thought at the time that this would mean bigger and faster-growing jackpots."

That proved true. The total, she said, began taking "huge jumps -- another $100 million since Saturday." It then jumped another $50 million.

The biggest Powerball pot on record until now -- $365 million -- was won in 2006 by eight Lincoln, Neb., co-workers.
As the latest pot swelled, lottery officials said they began getting phone calls from all around the world.

"When it gets this big," said Neubauer, "we get inquiries from Canada and Europe from people wanting to know if they can buy a ticket. They ask if they can FedEx us the money."

The answer she has to give them, she said, is: "Sorry, no. You have to buy a ticket in a member state from a licensed retail location."

About 80 percent of players don't choose their own Powerball number, opting instead for a computer-generated one.
Asked if there's anything a player can do to improve his or her odds of winning, Neubauer said there isn't -- apart from buying a ticket, of course.

Lottery officials put the odds of winning this Powerball pot at one in 175 million, meaning you'd have been 25 times more likely to win an Academy Award.

Skip Garibaldi, a professor of mathematics at Emory University in Atlanta, provided additional perspective: You are three times more likely to die from a falling coconut, he said; seven times more likely to die from fireworks, "and way more likely to die from flesh-eating bacteria" (115 fatalities a year) than you are to win the Powerball lottery.

Segueing, then, from death to life, Garibaldi noted that even the best physicians, equipped with the most up-to-date equipment, can't predict the timing of a child's birth with much accuracy.

"But let's suppose," he said, "that your doctor managed to predict the day, the hour, the minute and the second your baby would be born."

The doctor's uncanny prediction would be "at least 100 times" more likely than your winning.

Even though he knows the odds all too well, Garibaldi said he usually plays the lottery.

When it gets this big, I'll buy a couple of tickets," he said. "It's kind of exciting. You get this feeling of anticipation. You get to think about the fantasy."

So, did he buy two tickets this time?

"I couldn't," he told ABC News. "I'm in California" -- one of eight states that doesn't offer Powerball.

In case you were wondering, this Saturday's Powerball jackpot is starting at $40 million.

ABC News Radio contributed to this report.

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Egypt protests continue in deadlock over Mursi powers

CAIRO (Reuters) - Hundreds of protesters were in Cairo's Tahrir Square for a sixth day on Wednesday, demanding that Egyptian President Mohamed Mursi rescind a decree they say gives him dictatorial powers.

Five months into the Islamist leader's term, and in scenes reminiscent of the popular uprising that unseated predecessor Hosni Mubarak last year, police fired teargas at stone-throwers following protests by tens of thousands on Tuesday against the declaration that expanded Mursi's powers and put his decisions beyond legal challenge.

Protesters say they will stay in Tahrir until the decree is withdrawn, bringing fresh turmoil to a nation at the heart of the Arab Spring and delivering a new blow to an economy already on the ropes.

Senior judges have been negotiating with Mursi about how to restrict his new powers, while protesters want him to dissolve an Islamist-dominated assembly that is drawing up a new constitution and which Mursi protected from legal review.

Any deal to calm the street will likely need to address both issues. But opposition politicians said the list of demands could grow the longer the crisis goes on. Many protesters want the cabinet, which meets on Wednesday, to be sacked, too.

Mursi's administration insists that his actions were aimed at breaking a political logjam to push Egypt more swiftly towards democracy, an assertion his opponents dismiss.

"The president wants to create a new dictatorship," said 38-year-old Mohamed Sayyed Ahmed, who has not had a job for two years. He is one of many in the square who are as angry over economic hardship as they are about Mursi's actions.

"We want the scrapping of the constitutional declaration and the constituent assembly, so a new one is created representing all the people and not just one section," he said.

The West worries about turbulence in a nation that has a peace treaty with Israel and is now ruled by Islamists they long kept at arms length. The United States, a big donor to Egypt's military, has called for "peaceful democratic dialogue".

Two people have been killed in violence since the decree, while low-level clashes between protesters and police have gone on for days near Tahrir. Violence has flared in other cities.

WRANGLES

Trying to ease tensions with judges, Mursi assured Egypt's highest judicial authority that elements of his decree giving his decisions immunity applied only to matters of "sovereign" importance, a compromise suggested by the judges in talks.

That should limit it to issues such as declaring war, but experts said there was much room for interpretation. The judges themselves are divided, and the broader judiciary has yet to back the compromise. Some have gone on strike over the decree.

The fate of the assembly drawing up the constitution has been at the centre of a wrangle between Islamists and their opponents for months. Many liberals, Christians and more moderate Muslims have walked out, saying their voices are not being heard in the body dominated by Islamists.

That has undermined the work of the assembly, which is tasked with shaping Egypt's new democracy. Without a constitution in place, the president's powers are not permanently defined and a new parliament cannot be elected.

For now, Mursi holds both executive and legislative powers. His decree says his decisions cannot be challenged until a new parliament is in place. An election is expected in early 2013.

"If Mursi doesn't respond to the people, they will raise their demands to his removal," said Bassem Kamel, a liberal and former member of the now dissolved parliament that was dominated by Mursi's party, a wing of the Muslim Brotherhood.

He said Tuesday's protest showed that Egyptians "understood that the Brotherhood isn't for democracy but uses it as a tool to reach power and then to get rid of it".

Protecting his decisions and the constituent assembly from legal review was a swipe at the judiciary, still largely unreformed since Mubarak's era. In a speech on Friday, Mursi praised the judiciary as a whole but referred to corrupt elements he aimed to weed out.

One presidential source said Mursi wanted to re-make the Supreme Constitutional Court, a body of top judges that earlier this year declared the Islamist-led parliament void, leading to its dissolution by the then ruling military.

Both Islamists and their opponents broadly agree that the judiciary needs reform, but Mursi's rivals oppose his methods.

The courts have dealt a series of blows to Mursi and the Brotherhood. The first constituent assembly, also packed with Islamists, was dissolved. An attempt by Mursi in October to remove the unpopular general prosecutor was also blocked.

In his decree, Mursi gave himself the power to sack the prosecutor general and appoint a new one, which he duly did.

(Additional reporting by Tamim Elyan; Writing by Edmund Blair; Editing by Will Waterman)

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President Tony Tan meets Indonesian counterpart in Jakarta

SINGAPORE: Singapore President Tony Tan Keng Yam met his Indonesian counterpart Dr Susulio Bambang Yudhoyono in Jakarta on Wednesday.

Dr Tan is on a state visit to Indonesia at the invitation of President Yudhoyono, who received the Singapore president at the Merdeka Palace in Jakarta with a full ceremonial welcome.

Dr Tan last visited Indonesia on an official visit in 2005, soon after President Yudhoyono took office as Indonesia's first directly elected President.

Dr Tan was then Singapore's deputy prime minister.

Both leaders have known each other since their time as security ministers for their respective countries.

Dr Tan also held talks with Indonesian Vice President Boediono on Wednesday and laid a wreath at the Kalibata National Heroes Cemetery in Jakarta.

President Tan, who is accompanied by several officials, will end his visit in Yogyakarta on Saturday.

- CNA/jc

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