veena Malik New Photo

The notice was delivered on Sunday and named Maxposure Corporate Media, FHM chieft editor Kabeer Sharma and photographer Vishal Saxena as respondents. It outlined Malik’s narrative of events surrounding the photo shoot for FHM, including the claim that “our client was assured that no nude photograph in any manner would be shot by you.”

The notice reiterated that Malik’s photos had been morphed, stating that Malik had agreed to be shot in shorts and tee shirt and boots; wearing a fur coat up to thighs and boots; hot pants and a broad big belt with the upper portion of her body covered with her hands and an ISI tattoo on her hand; an image with a tattoo of “ISI” appearing on one hand, in which Malik would wear a bikini and/or a thong posing with folded hands with the upper portion of her body covered with other tattoos.

Claiming irreparable harm, loss and damage, the notice said the respondents had committed offences punishable under the Indian Penal Code as well as Information and Technology Act, 2000. The notice called on FHM to ensure the magazine issue would not go into print, remove the tampered photos from the FHM website and pay millions in damages.

Full text of the notice below.

By Hand Delivery/Courier/Fax/Email

4^th December, 2011

To

1. Maxposure Corporate Media (India) Private Limited,

TV Industrial Estate Basement,

B/22, A.K. Ahire Marg,

Worli, Mumbai 400 018

and its registered office at

Le-Meridien Hotel,

Old Business Centre, 2^nd Floor,

Windsor Place, Janpath,

New Delhi 110 001

2. Mr. Kabeer Sharma,

Chief Editor,

FHM Magazine,

TV Industrial Estate Basement,

B/22, A.K. Ahire Marg,

Worli, Mumbai 400 018

3. Vishal Saxena,

A Wing, Ground Floor,

Green Park, Leela Apartment,

Yari Road, Andheri (West),

Mumbai

Dear Sirs,

Under instructions from our client Ms. Zahida alias Veena Malik, residing at Kalpak Corner, Station Road, Bandra (West), Mumbai 400 050, we have to address to each of you this notice as under:-

1. You are aware that our client is a well known model cum film actress, realty TV star and social worker. Our client is associated with the World Health Organization and is known for her social work and is a well known film personality both in Pakistan, India and all over the world. Our client hails from Pakistan and has come to India for her professional assignment in the entertainment and fashion industry.

2. You are aware that in the first week of November, 2011, you Vishal Saxena approached our client and informed her of a photo shoot only and an interview which would be published in the FHM Magazine to be published in December, 2011. In the past also, our client had a photo and video shoot with you Vishal Saxena in the month of October 2011 and which was published in the Zoom T.V. As our client had already established a working professional relationship with you Vishal Saxena, she agreed to appear for photo shoot as well as give her interview for the FHM magazine. Shortly after being contacted by you Vishal Saxena, our client was then contacted by you Kabeer Sharma chief editor of magazine FHM. In the course of discussions, an idea was mooted by you Kabeer Sharma that our client should wear a tattoo on her hand with the letters “ISI”. On enquiring, our client was made to understand that it would be good for her image and that of ISI which Institutes / Agencies are available in India and the world including Pakistan and that there will be no repercussion and/or ill effect if our client wears the said tattoo. To our client’s knowledge, there are about 56 Institutes with the abbreviation of “ISI” al over the world.

3. You Kabeer Sharma also informed our client that after the photo shoot, he would contact our client for a short interview which he wanted to publish in the forthcoming issue of the magazine FHM.

4. You, Vishal Saxena informed our client that there would be 4 photo images used in the said magazine. The details of the 4 photo images are as follows:-

(a) An image of our client wearing a shorts and tee shirt and boots;

(b) An image of our client wearing fur coat upto thighs and boots;

(c) An image with hot pants and broad big belt and that the upper portion of her body would be covered with her hands and an ISI tattoo on her hand;

(d) An image with a tattoo of “ISI” appearing on one hand. Our client would wear a bikini and / or a thong in the image and that she would pose with folded hands and her upper portion of her body would be covered with other tattoos.

Our client was assured that no nude photograph in any manner would be shot by you.

5. Our client had categorically informed each of you that by doing photo shoot, she does not want to pose nude in any photographs, which you readily agreed. You further assured our client that upon taking photographs, you would show the same to our client and that only on our client’s approval, would you publish the said photographs in the said magazine.

6. On 23^rd November, 2011, a photo shoot was arranged by you Vishal Saxena and the team of Kabeer Sharma at Bungalow No. 96, Aram Nagar, Yari Road, Versova, Andheri (West), Mumbai. The photo shoot went on from the afternoon session till 8.00 p.m. After the completion of the photo shoot, our client was shown the 4 images with the clothes, as stated in paragraph (4) above. The photo image where she has posed with her tattoo on her hand was taken with bikini and/ or thong which was worn by our client and also with hot pants and broad belt as stated above. The size of the photograph was only upto her thighs and our client was shown with folded hands with clothes on, as stated in paragraph 4 above.

7. It is a common ground and an admitted position that our client has not for any of the images posed nude and / or nude. For all the images and photographs which were shot, our client had clothes on, as stated in paragraph 4 above. Our client, therefore, states that the photographs which are being circulated and published in the FHM magazine December 2011 and Internet site of FHM magazine have been deliberately tampered with and / or morphed with a view to cause wrongful gain to you and cause wrongful loss to our client. Morphing is a special effect that changes one image to another through a seamless transition. You have utilized the method and / or tampered with the photographs to cause loss and damage to our client’s reputation.

8. After 2 or 3 days, you Kabeer Sharma contacted our client on phone and took her interview. Our client was informed that the photographs shown to her on 23^rd November, 2011 and her interview would be published in the forthcoming issue of FHM magazine in December 2011.

9. After our client gave her interview to you Kabeer Sharma, our client was chased by you Vishal Saxena and Kabeer Sharma to give some sort of written confirmation that our client consents to the photo images being published in the forthcoming issue of FHM magazine. Our client made enquiry with each of you to send the 4 photo images to our client for perusal so that our client can confirm the same. Each of you informed our client that the photo images our client had seen on the night of 23^rd November, 2011, are the very same photo images which are to be published. Relying solely on your representation and assurance and without verifying the photos once again, our client sent an email on 30^th November, 2011 confirming that she was happy with the pictures shot on 23^rd November, 2011 and that they could be published. It is material to note that at that point of time, the photo images were not sent to our client for her perusal and / or verificaiton, but it was only on your verbal assurance & representation that the photo images sent to her were the same photographs which she has seen on 23^rd November, 2011, that an email was sent. Our client reiterates that in photo shots on 23^rdNovember, 2011, there was no nude photographs taken nor was there any of video shots taken of any nude images of our client. Our client states that if any alleged video is shown or published with her nude pictures or frames, the same is also tampered with by you and /or morphed, for which, our client will take suitable action against each of you. In fact our client’s contract was only for a photo shoot and not a video shoot. On the day of the shoot as you started taking video shots, our client reminded you of the arrangement and called upon you to stop the video shoot which you did. The video was taken only till images (a) and (b) were photographs as set out in paragraph (4) above.

10. On 2^nd December, 2011, our client came to learn that you have posed naked photographs of our client on the internet site of FHM magazine. You have also circulated and sold the magazine to the public showing the nude photograph. Our client was shocked, astonished and embarrassed to see the said photograph which is published all over the world. It is pertinent to note that there was no written agreement signed by our client and furnished to you as per the Model Release Form which is a contract with your Company. Immediately on coming to learn, our client contacted you Vishal Saxena and Kabeer Sharma. You Vishal Saxena have since then been avoiding our client and our client repeated calls to you have not been replied nor answered. You Kabeer Sharma has also avoided confrontation with our client and have merely sent an SMS to our client indicating that you propose to have a press conference and sort out the issue with our client. You have failed to do so.

11. Our client states that each of you have materially misrepresented to our client and have deceived our client and induced our client to take a photo shoot. You have further intentionally induced our client to take photographs with clothes on and have subsequently tampered with and / or morphed the photographs with a deliberate intent to cheat our client. Your act has caused damage and harm to our client’s reputation in the profession in India as well as in her country of birth and the world. By your said act of publishing the said photo images which shows our client naked, our client states that you have caused irreparable harm, loss, damage to the reputation of our client and committed offence of defaming our client in the public. Our client states that you have thus committed offences punishable under the Indian Penal Code as well as Information and Technology Act, 2000.

12. In the circumstances, we are instructed by our client to call upon and require each of you which we hereby do to forthwith (a) cease and desist from continuing with the publication and circulation of our client’s nude photo images in the issue of your magazine FHM December 2011; (b) withdraw the circulation of our client’s nude photograph from your internet site and/or withdraw the circulation of physical copies of the publication of your forthcoming issue FHM, December, 2011 from the market; and (c) to pay to our client a sum of Rs.10,00,00,000/- (Rupees Ten Crores only) as and by way of monetary damages caused to our client by your illegal act, within a period of 24 hours from the receipt hereof by each of you, failing which, we have peremptory instructions to adopt both civil and criminal proceedings against each of you at your entire risk, as to all costs and consequences, of which please take note of.

13. Please treat this as “final intimation”.

Yours faithfully,

For M/s. Bilawala & Co.

(Partner)

REGARDS

AYAZ BILAWALA
ADVOCATE & SOLICITOR
KARIM CHAMBERS,
42,AMBALAL DOSHI MARG,
FORT ,MUUMBAI 400023

Mother of all cricket matches few hours away

MOHALI: The news from Mohali is that it’s been raining here for hours and that Shoaib Akhtar is ‘highly unlikely’ to feature in what is being described as the ‘mother of all matches’.
As security personnel were making a final check at the PCA Stadium ahead of Pakistan’s World Cup semifinal clash against India, a dust storm lashed Mohali and adjoining areas. It was followed by rain and thunderstorm.
Rain is good news for Pakistan. If it does rain enough to wash out the day’s play today, then there is a reserve day — Thursday — when the match can be played. If rain also washes out play on the reserve day, then the rain rule states that, “If following a tie, weather conditions prevent the one over eliminator from being completed, or if the match is a no result, then the team that finished in the higher position in the Group stage shall proceed to the final.”
In that case Pakistan, since they topped Pool A, will progress to Saturday’s final. However, the unseasonal downpour is unlikely to affect today’s match with the meteorological department forecasting a partly cloudy sky to prevail in this region with a little chance of light rain by Wednesday evening.
Tuesday night’s rain could add juice to the Mohali pitch that was earlier expected to be batting friendly. It is expected that it could assist pacers more with all the moisture in it at least for the first hour or so.
Meanwhile, just before the sudden showers, Pakistan had their pre-match meeting over dinner at The Taj in Chandigarh. Though a decision over the possible inclusion of Shoaib Akhtar was delayed till this morning, a well-placed source told The News that it was highly unlikely that the maverick pacer will be included in the playing eleven.
That means Pakistan are likely to take the field against India with an unchanged team. India, too, seem set to retain the same team that helped them conquer Australia in the quarterfinals though team sources have said the management has mulled the possibility of bringing in left-arm pacer Asish Nehra and even allrounder Yusuf Pathan.

Pakistan were in an upbeat mood on Tuesday even though Shahid Afridi, their captain, declared India as the favourites Pakistan have already punched above their weight to march into the World Cup semifinals with an enviable ease and are now looking for a win against the Indians.

At this World Cup, Pakistan have overcome two of the pre-tournament favourties — Sri Lanka and Australia — and they are now looking to scalp the Indians. It’s a gigantic task, but Shahid Afridi is confident his troops can achieve it.

“It’s our dream to win the World Cup and tomorrow we hope to take a big step towards by beating India,” Afridi told The News on Tuesday. Afridi heaped praise on his players, saying that they were itching to take the field for the high-pressure match. “A few of the players are playing really mature cricket especially youngsters like Umar Akmal and Asad Shafiq. They have been waiting for this game,” he said.
Afridi and his men will have to tackle a strong Indian batting line-up that is spearheaded by the great Sachin Tendulkar. All eyes will be on the little master, who will be looking for his 100th international hundred. The master blaster has featured in all four of India’s World Cup wins against Pakistan, scoring 54 not out, 31, 45 and 98.Off the field, India is in a complete frenzy.

In Mohali and the adjoining cities of Chandigarh and Panckhula, it seems everybody is obsessed with the idea of getting hold of a match ticket. The Tricity has become the nerve centre of India. Prime Minister Manmohan Singh and his Pakistan counterpart Yousuf Raza Gilani will be flying in to hold talks on the sidelines of the semifinal. Business tycoons and Bollywood starts are bringing their private jets here. All roads, it seems, lead to Mohali.

Workers pulled at Japan nuke plant as smoke rises

FUKUSHIMA, Japan – Operators evacuated workers from Japan's tsunami-damaged nuclear plant Monday after gray smoke rose from one of its reactor units, the latest of persistent troubles in stabilizing the radiation-leaking complex.

The evacuation brought to a standstill some of the work on restoring the plant's electrical lines and restarting the water pumping systems needed to keep nuclear fuel from overheating and releasing even greater amounts of radiation.

Tokyo Electric Power Co. spokesman Hiroshi Aizawa said the evacuation was prompted by smoke rising from the area of the spent fuel storage pool at the plant's Unit 3 reactor building. However, nuclear safety agency official Hidehiko Nishiyama later told reporters in Tokyo he didn't think the smoke was linked to the fuel pool.

"We are checking the cause of the smoke," nuclear safety agency official Hidehiko Nishiyama said in Tokyo.

There had been no explosion, and no immediate spike in radiation at the plant, Nishiyama said.

Japanese officials had reported some progress over the weekend in their battle to bring the Fukushima Dai-ichi plant under control after it was damaged during the massive March 11 earthquake and tsunami that devastated northeast Japan and likely left more than 18,400 people dead. But there also were hitches, including an unexpected surge in pressure in the reactor core at the troubled Unit 3.

And the nuclear crisis was far from over, with the discovery of more radiation-tainted vegetables and tap water adding to public fears about contaminated food and drink.

The toll of Japan's triple disaster came into clearer focus Monday after police estimates showed more than 18,000 people died in the quake and tsunami, and the World Bank said rebuilding may cost $235 billion.

The safety of food and water was of particular concern. The government halted shipments of spinach from one area and raw milk from another near the nuclear plant after tests found iodine exceeded safety limits. But the contamination spread to spinach in three other prefectures and to more vegetables — canola and chrysanthemum greens. Tokyo's tap water, where iodine turned up Friday, now has cesium. Rain and dust are also tainted.

Early Monday, the Health Ministry advised Iitate, a village of 6,000 people about 30 kilometers (19 miles) northwest of the Fukushima plant, not to drink tap water due to elevated levels of iodine. Ministry spokesman Takayuki Matsuda said iodine three times the normal level was detected there — about one twenty-sixth of the level of a chest X-ray in one liter of water.

In all cases, the government said the radiation levels were too small to pose an immediate health risk.

But Tsugumi Hasegawa was skeptical as she cared for her 4-year-old daughter at a shelter in a gymnasium crammed with 1,400 people about 80 kilometers (50 miles) from the plant.

"I still have no idea what the numbers they are giving about radiation levels mean. It's all so confusing," said Hasegawa, 29, from the small town of Futuba in the shadow of the nuclear complex. "And I wonder if they aren't playing down the dangers to keep us from panicking. I don't know who to trust."

The World Bank said in report Monday that Japan may need five years to rebuild from the catastrophic disasters, which caused up to $235 billion in damage, saying the cost to private insurers will be up to $33 billion and that the government will spend $12 billion on reconstruction in the current national budget and much more later.

All six of the nuclear complex's reactor units saw trouble after the disasters knocked out cooling systems. In a small advance, the plant's operator declared Units 5 and 6 — the least troublesome — under control after their nuclear fuel storage pools cooled to safe levels. Progress was made to reconnect two other units to the electric grid and in pumping seawater to cool another reactor and replenish it and a sixth reactor's storage pools.

But the buildup in pressure inside the vessel holding Unit 3's reactor presented some danger, forcing officials to consider a deliberate release of radioactive steam to release the buildup. The tactic produced explosions of radioactive gas during the early days of the crisis.

"Even if certain things go smoothly, there would be twists and turns," Chief Cabinet Secretary Yukio Edano told reporters. "At the moment, we are not so optimistic that there will be a breakthrough."

Growing concerns about radiation add to the overwhelming chain of disasters Japan has struggled with since the 9.0-magnitude quake. The resulting tsunami ravaged the northeastern coast. All told, police estimates show more than about 18,400 died. More than 15,000 deaths are likely in Miyagi, the prefecture that took the full impact of the wave, said a police spokesman.

"It is very distressing as we recover more bodies day by days," said Hitoshi Sugawara, the spokesman.

Police in other parts of the disaster area declined to provide estimates, but confirmed about 3,400 deaths. Nationwide, official figures show the disasters killing more than 8,600 people, and leaving more than 13,200 people missing, but those two lists may have some overlap.

The disasters have displaced another 452,000, who are living in shelters.

Futures flat, credit downgrade for Ireland

NEW YORK (Reuters) – Stock index futures were little changed on Friday as wary investors kept their eyes on the euro zone debt crisis after Ireland's credit rating was slashed.

European Union leaders agreed to create a permanent financial safety net starting in 2013, and the European Central Bank will nearly double its capital to cope with bigger credit risk.

European bank stocks were hit hard after Moody's slashed Ireland's credit rating by five notches.

U.S.-listed shares of Allied Irish Bank (AIB.N) fell 4.6 percent to $1.24 in premarket trade, while Barclays (BCS.N) also fell 2.1 percent to $16.25.

"We are headed for a sluggish open because of European woes ... but since this isn't something we weren't expecting, I don't see the market selling off much," said Peter Cardillo, chief market economist at Avalon Partners in New York.

S&P 500 futures were down 0.2 point and below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures fell 11 points, while Nasdaq 100 futures lost 0.75 point.

U.S. stocks, bucking a trend of late-day selloffs, ended higher Thursday as economic bellwether FedEx Corp (FDX.N) offered a bullish profit outlook that augured well for broad growth.

Market volume and volatility could increase later in the day as traders adjust or exercise derivative positions on four different types of expiring equity futures and options contracts, also know as "quadruple witching."

The U.S. House of Representatives approved a compromise deal between President Barack Obama and Republicans late Thursday to extend expiring tax cuts -- a high-stakes gamble to create jobs at a cost of deepening the U.S. debt. Congress was racing to enact the legislation as it faced an end-of-year deadline when the Bush-era tax cuts were set to expire.

The Conference Board releases its report on November leading economic indicators at 10:00 a.m. EST (1500 GMT). Economists in a Reuters survey forecast a 1.1 percent rise, compared with a 0.5 percent increase in the prior month.

Ford Motor Co (F.N) intends to raise its 30 percent stake in Jiangling Motors Corp (000550.SZ), a major Chinese light commercial vehicle maker, a source said.

Blackstone Group LP (BX.N) agreed to restructure about $7 billion of the remaining debt tied to its 2007 purchase of Equity Office Properties Trust, the largest leveraged buyout ever, the Wall Street Journal reported.

Oracle Corp (ORCL.O) forecast current-quarter profit will beat estimates as it reported that new software sales surged. Oracle rose 4.4 percent to $31.60 premarket.

(Reporting by Angela Moon; editing by Jeffrey Benkoe)