Thursday, July 30, 1998

Cauvery dispute: Centre circulates
"modified scheme"

NEW DELHI, July 29 (PTI) — In a bid to find an amicable settlement to the Cauvery water dispute, the Centre today circulated a draft "modified scheme" for implementing the interim award of the Cauvery Water Dispute Tribunal, suggesting the deletion of some of the controversial clauses of the original scheme designed in 1997.

Union Cabinet Secretary Prabhat Kumar today held discussions with the chief secretaries of the Cauvery basin states, including Tamil Nadu and Karnataka, during which the new draft came up for a "preliminary discussion."

In the "modified scheme," the penal clause which empowered the proposed Cauvery River Authority to take the reservoirs in case Karnataka failed to comply with the award, was understood to have been deleted.

Soon after the meeting Karnataka Chief Secretary B.K. Bhattacharya claimed "our reactions on the new draft are guarded." He was of the view that the Cabinet Secretary had been able to "achieve some sort of minimisation and reduction of differences between the states."

However, Tamil Nadu Chief Secretary A.P. Muthuswamy told reporters that "though in certain provisions there is some dilution we have to study the issues." He said differences had been narrowed down to a certain extent with regard to the procedures for the implementation of the interim award.

The chief secretaries of the states have been called for a second round of discussions on August 4 as a prelude to the meeting of Prime Minister Atal Behari Vajpayee with the chief ministers of all four states on August 6.

An official spokesman said the document circulated during today’s meeting of the chief secretaries was merely a "position paper" on the issue.

"All participants showed a constructive approach to find a solution to the long-pending problem," the spokesman said.

Mr Bhattacharya said the "modified draft" was received by him only today and since there was no time to seek approval or a response from the political executive, the Cabinet Secretary had made it clear that a "preliminary discussion" be held subject to the overall condition that the official teams got the approval from the respective governments.

"On the basis of these preliminary discussions, I can say that differences have been minimised though certain fundamental differences on the original draft still remain", he said.

Karunanidhi, Jaya meet President

CHENNAI, July 29 (UNI) — Tamil Nadu Chief Minister M. Karunanidhi and AIADMK supremo J. Jayalalitha today met President K.R. Narayanan separately and discussed with him the Cauvery issue.

Mr Karunanidhi raised with Mr Narayanan certain problems relating to the issue while Ms Jayalalitha submitted a detailed memorandum to the President.

She told newsmen that during her meeting she had pressed the state’s cause.

In a brief chat with reporters Mr Karunanidhi, who refused to give details of the talks with Mr Narayanan, said the all-party meeting convened by him on August 3 would formulate the stand to be taken by the state at the Chief Ministers' meeting convened by the Prime Minister in Delhi on August 6.

He was happy that the AIADMK would attend the all-party meeting, he said when informed that Ms Jayalalitha, who had met the President earlier, had confirmed her party's participation in the meeting.

The Cauvery waters dispute has been an explosive issue in Tamil Nadu politics with both ruling and opposition parties resorting to one-upmanship.

Both Mr Karunanidhi and Ms Jayalalitha had urged the Centre to notify the draft scheme to implement the interim award of the Cauvery water disputes tribunal before the last hearing of the case in the Supreme Court early this month.

Ms Jayalalitha went one step further and warned the Centre of disastrous consequences if the Centre failed to notify the scheme.

The Supreme Court then directed the Centre to present the scheme by August 12 and refused to grant any further adjournment.

Last night Mr Karunanidhi had criticised the Centre’s decision to convene a meeting of the Chief Secretaries of the riparian states prior to the meeting of the Chief Ministers as the Chief Secretaries could not take a decision on policy matters.

The tribunal, in its interim award, had asked Karnataka to release 205 TMC ft water to Tamil Nadu every year and set a pattern for water release.This has been opposed by Karnataka.

In the past few years, because of good monsoon, Tamil Nadu had been receiving over 205 TMC ft water from Karnataka.

Delhi withdraws dress code order
TNS and agencies

NEW DELHI, July 29 — Bowing to pressure from various sections, the Delhi Government today withdrew its controversial order banning skirts and ties in schools after the move came under fire as being ‘’fundamentalist’’.

The order imposing a dress code was withdrawn after the issue was raised in the Lok Sabha by a Congress member who complained against the "Taliban-like edict" and Parliamentary Affairs Minister M. L. Khurana gave an assurance that the Centre will advise the Delhi Government to withdraw it.

A Delhi Government release said the order was withdrawn following suggestions from sections of the student community, educationists and parents.

Earlier, the order had sparked off a controversy with the Delhi Government, which had issued a circular on the new dress code to government and private schools, maintaining that the traditional dress helps prevent mosquito bites and dengue and critics saying it was much more than that.

They suspected that the RSS was behind the move. The fact that the new dress code is only for the girls reinforced their suspicion.

“Salwar, kameez provides dignity and grace to the girls. The new dress code which has been made mandatory in all government schools from this session is more dignified than skirts”, Dr Harsh Vardhan said. “The move is to ensure a more graceful school atmosphere” Dr Vardhan said, adding people should look at it in the right perspective and not raise an “unnecessary controversy”.

When the country is moving towards the 21st century, the government wants to drag it back to the 19th century, Manisha, a student of Delhi Public School said. “The dress code is being tried to be enforced in the schools in the beginning and soon the government will come with a dress code for all women of the country on the lines of the fundamentalist countries,” her friend, Mandeep Kaur, said.

Some parents decried the decision of the Delhi Government and asked “will the mosquitoes distinguish between boys and girls as the half-pants of boys have not been changed?”

VP refuses to give details on submarine deal

NEW DELHI, July 29 (UNI) — Former Prime Minister Vishwanath Pratap Singh has declined to give any further details on the Rs 420-crore HDW submarine deal, saying that his earlier statement recorded by the CBI was sufficient.

In a letter to the CBI, Mr V.P. Singh has said “whatever he had to say, he has already said before the CBI in his recorded statement,” special CBI counsel Gopal Subramaniam informed the Delhi High Court today.

The controversial German submarine deal was transacted during the tenure of Mr Rajiv Gandhi as the Prime Minister. Mr V.P. Singh, as the Defence Minister for a brief period, had raised questions about the deal.

Senior counsel further stated that Mr V.P. Singh had also talked to the CBI Director on the phone and reiterated his stand taken in the letter. The submission came in response to the court’s direction of April 15, to the CBI to inform it of the outcome of the examination of Mr V.P. Singh within two weeks. The demand for the examination of the former Prime Minister was raised by petitioner B.L. Wadehra in view of a newspaper report quoting Mr V.P. Singh as saying that he had vital information about the deal and he was ready to reveal it before the CBI. Mr V.P. Singh, reportedly, also said that the CBI had not approached him.

Mr Subramaniam stated that former Prime Minister was not examined by the agency in view of his letter written in reply to the CBI’s request for granting time to seek his assistance in the probe.

The CBI had on April 15 informed the court that it had initiated steps for examination of Mr V.P. Singh and would conclude the process within the next two weeks.

The submissions were made before a Division Bench comprising Acting Chief Justice Mahinder Narain and Mr Justice Mukul Mudgal during the hearing of a public interest petition filed by environmental and legal activist B.L. Wadehra seeking a direction to the CBI to speed up the probe into the 1987 deal which Mr Gandhi had signed with HDW Ltd, a German firm for the supply of defence submarines.

The Bench questioned the direction in which the CBI investigations were proceeding, observing: “You (CBI) are not looking in the right direction.”

Submitting that the CBI was proceeding with the probe through the diplomatic channel now, Mr Subramaniam contended “we are on the threshold of making a breakthrough in the case following the issuance of letter rogatory by a special court.’’ The letter rogatory was issued by Special Judge Ajit Bharihoke on January 20 this year and had been sent to the German Ambassador of Justice for being forwarded to the appropriate court, he added.

To the query of the judges as to which court in Germany was dealing with the matter, Mr Subramaniam stated that under the German law the letter rogatory had to be directed to the Ambassador of Justice and the name of the authority or the court was generally not revealed.

The Bench directed the CBI to place before it within two weeks the status of letter rogatory and the name of the court or the authority which was dealing with the case.

NHRC tells Bihar to pay relief to victim
From Tripti Nath
Tribune News Service

NEW DELHI, July 29 — The National Human Rights Commission has asked the Bihar Government to comply with its directions to pay Rs 10 lakh as interim relief to a woman whose husband was gunned down by policemen near Ranchi.

After considering the case, the Commission directed the state government to pay the complainant the aforesaid amount as “immediate interim relief” without prejudice to her private law rights for damages.

In response to a show cause notice proposing the compensation, the Bihar government said since three accused had been convicted and the others awarded death sentence, it found no justification in paying Rs 10 lakh as compensation to the complainant. They further held that this would cause “unnecessary financial burden” on the state government.

The Commission has held that the stand of the Bihar government is “wholly untenable” and has termed the contention of the respondent government as “unfortunate.”

The Commission has held that the immediate interim relief envisaged under Section 18 (3) of the Protection of Human Rights Act, 1993, has to be granted to the injury/loss which victims or his family members suffer owing to the human rights violation by public servants.

In its order dated May 6, the Chairperson of NHRC, Justice M. N. Venkatachaliah and member, Justice V.S. Malimath have held, “By no stretch of imagination can it be argued that the establishment of culpability absolves the state from making payment of compensation. It is not an exonerating factor; the exact opposite of it is the true position.”

The Commission has held, “The recommendations of the Commission are not, no doubt, binding judicial orders but they cannot be undone and turned to naught to perverse and palpably untenable legal quibbling.”

In her complaint to the Commission, Mrs Rita Dhawan has alleged that her husband, Mr Rajesh Dhawan and his friends were waylaid and shot dead by six policemen near Ranchi on December 5, 1993. According to the complaint, Mr Dhawan, a businessman, was returning from Varanasi to Ranchi in a Maruti van when he was stopped by six men in khaki near Civil Lines police station.

Mrs Dhawan said the policemen shot dead her husband and other occupants of the car after they refused to pay them Rs one lakh. The police officers took away the wrist watch and gold chain of Mr Dhawan and other valuable articles from the van.

Provoked by the incident, residents of Ranchi observed a bandh in Ranchi. The Commission was informed that a case had been registered under Sections 302/379/ 201/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The accused including Sub Inspector Doodh Nath Ram, Sub Inspector Brajila Prasad Sinha, Sub Inspector Victor Fithilesh and Head Constable Tulsi Ram and Constables, Dinesh Singh and Dev Narain Raman were chargesheeted.

The Additional Sessions Judge, Gaya, convicted the accused and awarded them death sentence. The Patna High Court confirmed the death sentence on three accused and converted the death sentence of the others to life imprisonment.

PM to introduce Lok Pal Bill on August 3
Tribune News Service

NEW DELHI, July 29 — The Prime Minister, Mr Atal Behari Vajpayee, will introduce the much awaited Lok Pal Bill, targeted to check corruption at high places, in the Lok Sabha on August 3.

Briefing newspersons, the Parliamentary Affairs Minister, Mr Madan Lal Khurana, said he had informed the Speaker, Mr G.M.C. Balayogi about the Lok Pal Bill in writing today. The government had brought the Prime Minister in the ambit of the proposed Lok Pal Bill, Mr Khurana said.

Replying to questions, the minister said the Prime Minister moving the Bill was indicative of the Vajpayee government’s firm intention to check corruption. The BJP-led coalition government was committed to fulfil the promise it had made in its national agenda for governance, Mr Khurana said adding that the Lok Pal Bill could not be passed in Parliament for the past 12 years.

Meanwhile, the Budget session of the Rajya Sabha has also been extended till August 4. The Business Advisory Committee has decided that the House would sit on July 30 and July 31 and August 3 and August 4 to consider and pass four Bills, including the Bidi workers and Exim Bank Bills, the Rajya Sabha Chairman, Mr Krishan Kant said.

During the extended session,there would be no question hour, Private members business on July 31 had also been suspended.

Small National Capital Territory
‘will pose problems’
Tribune News Service

NEW DELHI, July 29 — If the proposed National Capital Territory (NCT) to be carved out after granting full statehood to Delhi, is smaller than the existing New Delhi Municipal Council (NDMC) area, then its governance would be difficult, the new Chairman of the NDMC, Mr B.P. Misra, said here today.

“If the NCT remains the same as the present NDMC, there will be no problems. But, if the area is reduced, it will lead to problems as governing a very small area will not be feasible,” Mr B.P. Misra, said.

Addressing his first press conference after assuming office earlier this month, he said: “It will be difficult to generate services for a very small area.”

According to reports, the Union Cabinet has to choose from six options on the demarcation of the proposed NCT.

The first option envisages the earmarking of areas around Rashtrapati Bhavan, Central Secretariat, the Supreme Court, the Delhi High Court, the diplomatic enclave in Chanakyapuri and the residences of Union Ministers, Judges and other high dignitaries.

The second option revolves around demarcating the existing New Delhi parliamentary constituency as the NCT area. The third option would entail the conversion of the existing NDMC area into the proposed NCT. The fourth option envisages the earmarking of existing NDMC area along with residential/office structures of central government employees such as R.K. Puram and the CGO Complex. It also suggests the inclusion of the Red Fort, the Raj Ghat and other adjoining samadhis under the direct control of the Centre. The fifth and sixth pertain to the contentious claims of either retaining or excluding Connaught Place from the NDMC expanse for its conversion into the proposed NCT, though ensuring the Centre’s direct control over the Red Fort, the Raj Ghat and the adjoining samadhis.

CA burnt to death
NEW DELHI: Deepak Kumar (39), a chartered accountant, was found charred to death in his house at Ashok Vihar (Phase-I) in North-West Delhi on Wednesday morning. The deceased was a chain smoker. It is believed that the fire would have been caused by a lighted cigarette or matchstick carelessly left burning, the police said. Deepak’s charred body was found on a sofa by his family members, the police said. — FOC

Narayanadri Express derails
HYDERABAD: The engine and 11 coaches of the Tirupati-bound Narayanadri Express got derailed between Ulavapadu and Thettu railway stations near Kavali in Andhra Pradesh on Wednesday morning. South-Central Railway(SCR) sources said there were no casualties. The stranded passengers were being sent to Tirupati by a special train as one of the double tracks was unaffected. Traffic on the Vijayawada-Gudur section was being regulated, the sources said. Senior officials with a medical relief van were despatched to the spot. — UNI

Youth crushed under machine
JALGAON: In a freak accident, a youth was killed and another injured seriously when they were crushed by a roller machine at Erandol in the district on Tuesday. The police said Sajid Shaikh Hasan (18) and Rahim Abdul Sattar (18), hailing from Dharangaon, were travelling in the truck. When the truck driver suddenly applied the brakes, the machine fell on them, killing Sajid on the spot. Rahim was immediately rushed to a hospital. The truck was on its way to Dhule from Erandol, the police added. — PTI

Hepatitis B vaccine
AHMEDABAD: A city-based pharmaceutical, firm Zyeus Group, has entered into a joint venture agreement with Korea Green Cross Corporation (KGCC) to manufacture and market recombinant hepatitis B vaccine (HBV) whose production is likely to commence by the Indian company in March next year. Addressing a press conference here, Zyeus Group managing director Pankaj Patel said on Wednesday the agreement with the $ 256 million Korean company will also include transfer of technology for the manufacture of vaccines. The vaccine is being marketed in 23 countries at present. In due course, the new venture could also work to develop a vaccine for hepatitis C, he added. — UNI

NLFT releases 2 persons
AGARTALA: Two persons have been released from the captivity of the National Liberation Front of Tripura (NLFT), the police said on Wednesday. While Chirabrata Pal, a contractor, kept in captivity since July 14, returned home unhurt on Tuesday night, Dinesh Biswas, abducted from Hawaibari area under Teliamura police station in West Tripura district on July 7, was also released on the same day, the police said. — PTI

Kalkat denies sodomy incident
CALCUTTA: The GOC-in-C Eastern Command, Lt-Gen H.R. S. Kalkat, on Wednesday denied media reports of sodomy against an Army jawan in Manipur describing the incident as “absolutely untrue”. The General said he had talked about the incident to senior Army officials in Manipur who had explained to him the “facts” and said the media in that state had depicted the Army “negatively”. — PTI

Magistrate held for assaulting wife
PUNE: A Magistrate of Mumbai has been arrested by the Khadki police on charges of assaulting his wife. The police said the Magistrate’s wife accused him and his three brothers of assaulting her when she objected to his liaison with another woman. The Magistrate and his brothers were charged under Sections 323, 504 and 506 of the IPC, the police said. They were produced before a court and released on bail. — PTI

Appropriation Bill passed
JAIPUR: The state Assembly passed the Rajasthan Appropriation Bill, 1998, by a voice vote on Tuesday night empowering the state government to draw Rs 16,586.57 crore from the state consolidated fund towards the budgetary expenditures during the current financial year. Before this, replying to the two-day debate on the Bill, Deputy Chief Minister Hari Shankar Bhabhra announced a relief of Rs 10 crore in taxes. — UNI