Opposition mounts pressure, stir tomorrow
President consults legal experts
Tribune News Service

NEW DELHI, Sept 23 — The President, Mr K.R. Narayanan, began consultations with legal and constitutional experts about what decision he should take on the Centre’s recommendation of invoking Article 356 of the Constitution in Bihar and bringing the state under President’s rule, even as Opposition parties mounted pressure against the dismissal of the Rabri Devi government.

The Opposition parties, including the Congress and Left, also decided to launch a joint nation-wide protest on September 25 against the BJP-led government’s recommendation and demanded the immediate convening of a special session of Parliament to decide on the issue.

Mr Narayanan, who last year returned a similar recommendation made by the United Front government on Uttar Pradesh, was consulting experts and the consultations would continue tomorrow, a Rashtrapati Bhavan spokesman said today.

Leaders of the Congress, Rashtriya Loktantrik Morcha and Left parties, who met here in the afternoon, denounced the move as a "brazen abuse of power" by the Centre "to serve partisan political interests".

The meeting, attended by Mr Sharad Pawar, Mr Pranab Mukherjee (Congress), Mr Mulayam Singh Yadav (RLM), Mr A.B. Bardhan (CPI), Mr Harkishen Singh Surjeet and Mr Sitaram Yechury (CPM), asked all political parties, including those in the BJP-led coalition to "defend democracy and safeguard the Constitution by joining the protest action".

"We have also demanded a special session of Parliament to deal with the issue and take a decision .... This is misuse of Article 356 for political purposes", Mr Pawar and Mr Mukherjee said after the meeting held at Mr Surjeet’s residence.

Mr Surjeet said the BJP allies were themselves opposing the Centre’s move and a special session of Parliament would show whether a majority of the parties accepted it or not.

Mr Surjeet said he had also spoken to leaders of other political parties, including the DMK chief and Tamil Nadu Chief Minister M. Karunanidhi and Tamil Maanila Congress leader G.K. Moopanar, who were agreeable" to the decision to organise protest actions.

During the ‘‘All-India protest day’’ there would be different forms of action, including bandhs and demonstrations, in different states.

Later, in a joint statement criticising the Union Cabinet recommendation to dismiss the Bihar government, the Opposition parties said, "The impudence of such an attack is reflected in the fact that a few hours before this decision was taken, the Bihar Assembly had with a big majority expressed confidence in the Rabri Devi government. Such attacks cannot be tolerated."

Earlier, delegations of Left parties and the Rashtriya Loktantrik Morcha (RLM) met Mr Narayanan separately to impress upon him that the RJD government was sought to be dismissed on "frivolous grounds" and that the coalition had no majority in Parliament as many allies of BJP were against the use of Article 356.

The RLM delegation led by Mr Mulayam Singh Yadav and Mr Laloo Prasad Yadav also demanded recall of Bihar Governor S.S. Bhandari, alleging that he had been "fabricating adverse reports against the RJD government to gain its dismissal".

The Left party delegation comprising Mr Surjeet, Mr A.B. Bardhan, Mr Abani Roy (RSP) and Mr Debabrata Biswas (AIFB) told the President that Centre’s move was against the Supreme Court decision in the Bommai case.

Leaders of the Left parties said all Opposition parties were united against Centre’s action and would come out with a joint action.

Ridiculing the Centre’s assessment on the law and order situation in Bihar, they said that if any state government had to be dismissed on this ground, then Uttar Pradesh and Maharashtra should be "touched first".

RLM MPs led by Mr Mulayam Singh Yadav and Mr Laloo Prasad Yadav met the President and submitted a memorandum, saying that the Cabinet’s decision after the Rabri Devi government had won the vote of confidence was "highly unwarranted and mala fide and nothing but an outcome of political vendetta."

"The BJP-led government did not have a majority in Parliament on the issue. There are differences within the coalition," Mr Mulayam S. Yadav told reporters after the meeting with Mr Narayanan.

Alleging that the crime graph was worse in the BJP-ruled states, he said the law and order situation in the States of Uttar Pradesh, Maharashtra, Rajasthan and Delhi should be compared with that in Bihar.

The reason for the Governor’s adverse report about the law and order situation in the state was "the political defeat of BJP-Samata Party on the Vananchal Bill by a massive majority (in the Assembly)", the memorandum said.

Criticising the report, the RLM leaders said, "This is a state subject and there is no situation of internal disturbance as in North-East or Jammu and Kashmir."

The Left parties after meeting the President, alleged that the BJP-led coalition wanted to dismiss the Bihar Government on "frivolous grounds".

CPI leader A.B. Bardhan said that in such a situation the Centre would also have to take action against the Delhi Government.

Asked whether the Left parties would join in the protest action planned by the Rashtriya Loktantrik Morcha (RLM), Mr Surjeet said that the Left parties had always been in the forefront for the defence of democracy.

"There is going to be a joint action of various political parties on the issue’’, he said.

Former Prime Minister I.K. Gujral and three other Janata Dal leaders also met President K R Narayanan and requested him to reject the Vajpayee government’s recommendations for the dismissal of the Rabri Devi government and imposition of Central rule in Bihar.

Mr Gujral told reporters after their meeting with Mr Narayanan that they cautioned the President that the dismissal would damage the democratic fabric of the nation as it was "mala fide".

The former premier said that if the quality of a government was to be decided on the basis of merits and demerits of the governance, the Shiv Sena-BJP government in Maharashtra should be the first to be axed followed by Uttar Pradesh and Delhi.

Asked about differences within the Janata Dal on the dismissal issue, party spokesman S. Jaipal Reddy, who was among the four leaders to meet the President, said the Political Affairs Committee of the party had not yet taken any official stand on the matter.

Former party president S.R. Bommai and senior leader Surendra Mohan also accompanied Mr Gujral.

Meanwhile, the BJP today urged President Narayanan to act on the Union Cabinet’s recommendation to impose President’s rule in Bihar "with the urgency it deserves", says PTI.

"The situation in Bihar brooks no further delay if the state is to be retrieved from anarchy and chaos and the people provided with the rule of law", a resolution adopted at the emergency meeting of the party’s National Executive chaired by President Kushabhau Thakre said.

The Centre, it said, was justified in recommending dismissal of Rabri Devi government and keeping the assembly in suspended animation as it was "long overdue".

Human Resource Development Minister Murli Manohar Joshi told newsmen after the meeting that the President had "no option but to implement the decision of the government".

He said the Rabri Devi government had violated the Constitution and there was no other alternative but to recommend imposition of Central rule in the state.

On several allies opposing Centre’s move, Mr Joshi said "that will be sorted out". He appealed to all political parties to support the government decision as there was no other way to resolve the prevailing anarchy and law and order situation in the state.

One killed in Bihar bandh PATNA, Sept 23 (PTI) — One person was killed and the New Delhi-Guwahati Brahmaputra Mail was derailed as incidents of uprooting of tracks, explosion, scuffles and stoning marked the ruling RJD-sponsored state-wide bandh today, which threw life out of gear in several parts of Bihar.

Policemen arresting RJD workers who were blocking a road during Bihar bandh in Patna on Wednesday. — PTI

State Home Secretary R.K. Singh told PTI that the bodyguard of RJD leader and former MP from Bhagalpur Chunchun Yadav, shot dead one person following an altercation over enforcing the bandh.

The victim was identified as Amar Pratap Singh, a social worker, who had objected to the uprooting of a scaffolding for the erection of a pandal for Durga Puja.

He said he had ordered the arrest of Mr Yadav and his bodyguard.

The Chief Secretary said three coaches of the New Delhi-Guwahati Brahmaputra Mail derailed near Khusrupur railway station on the Patna-Bakhtiyarpur section of the Eastern Railway around 2 p.m. "Sabotage cannot be ruled out," he said.

A 25-ft stretch of the tracks was uprooted near Koparia station on the Saharsa-Mansi section of East Central Railway, causing the disruption of traffic between Saharsa and Mansi for several hours, he said.

An earlier report said the tracks were blown up by the agitators.

Railway sources said services were badly hit in Sonepur and Samastipur divisions with bandh supporters blocking tracks at several stations, including Khagaria, Mansi, Barauni and Patori.

Bandh supporters also disrupted the movement of trains on the Muzaffarpur-Samastipur section by sitting on tracks at Dholi station, the Chief Secretary said.

Several trains were either cancelled or controlled at different stations.

Normal life was hit in several towns with the disruption of rail and road services and shops and business houses were closed.

A Munger report quoting official sources said a Sub-Inspector of police was injured when the bandh supporters took to the streets armed with lathis and bombs to enforce the bandh.

The activists also disrupted the functioning of the civil court as they scuffled in the courtroom.

The bandh made a good impact in North and Central Bihar, except Darbhanga and evoked a mixed response in South Bihar.

Reports reaching the state headquarters here said the bandh was "near-total" in Muzaffarpur, Samastipur, Saharsa, Madhepura, Begusarai, Vaishali, Gopalganj and Siwan towns with shops and business establishments closed and little traffic on the road.

Attendance in state and central government offices was also affected due to the bandh, the reports said.

In Barauni, bandh supporters detained several trains, including the Delhi-Guwahati Rajdhani Express, the Barauni-Delhi Express and the Kathgudaon Express for more than five hours.

Over 2000 bandh supporters were picked up by police from different places in the state.

A report from Ranchi said Rapid Action Force jawans staged a flag march in the industrial town to instil confidence among people.

According to official sources, about 20 RJD supporters damaged a puja pandal at Bhagalpur. As the VHP activist protested the RJD supporters’ action, he was shot dead on the spot.

Meanwhile, Bhagalpur MP Prabhas Chandra Tiwari alleged that former MP Chunchun Prasad led the armed gang which was instrumental in the killing of the VHP activist.

CHENNAI: RJD Chennai district secretary Durai Arumugam and seven others were arrested when they attempted to burn an effigy of Prime Minister A.B. Vajpayee here on Wednesday in protest against the Union Cabinet’s recommendation to dismiss the Rabri Devi Government in Bihar.

RJD and Samajwadi Party volunteers staged a demonstration in front of the Kuralagam government office before they attempted to burn the effigy.

The agitation was organised by the Chennai district unit. RJD Tamil Nadu unit president Jagaveerapandian, who was indisposed, could not take part in the demonstration, party sources said.

BJP justifies decision
Tribune News Service

NEW DELHI, Sept 23 — Even as the BJP today urged the President, Mr K.R. Narayanan, to act on the Union Cabinet’s recommendation to impose President’s rule in Bihar "with the urgency it deserves", the AIADMK supremo, Ms J. Jayalalitha, reiterated her demand for central rule in Tamil Nadu.

While the BJP’s national executive, which met here today under the chairmanship of the party President, Mr Kushabhau Thakre, justified the Union Cabinet’s recommendation to dismiss the Rabri Devi Government in Bihar as "constitutionally correct", the AIADMK said in Chennai that Tamil Nadu was a fit case for invoking Article 356 as there was a breakdown of law and order in the state.

"The situation in Bihar brooks no further delay if the state is to be retrieved from anarchy and chaos and people provided with the rule of law", a resolution adopted at the emergency meeting of the national executive said.
Notwithstanding its demand, the AIADMK in a resolution, however, said it would continue to support the Vajpayee Government keeping its option on the review of support open.

Meanwhile, the Samata Party chief and Defence Minister, Mr George Fernandes, today said that the Rashtriya Janata Dal President, Mr Laloo Prasad Yadav, was responsible for the breakdown of the constitutional machinery in Bihar.

Defending the government’s recommendation, Mr Fernandes asserted that the state was the "most justified" case for the imposition of central rule.

"I am personally opposed to Article 356. But as long it is there on the statute, I would like it to be used only when absolutely required. If ever there is a case for justified use of Article 356, it is Bihar", the Defence Minister told the media after a defence function here.

Earlier addressing newspersons after the two-hour-long national executive meeting, the BJP general secretary, Mr K.N. Govindacharya, said people in Bihar, who were reeling under the corrupt and casteist misrule of the RJD, would feel relieved.

Mr Govindacharya said that the use of Article 356 was not linked to a minority or majority government. This was related to the non-governance of the Constitution while running the government. The executive committee felt that the Union Cabinet step was long delayed, he said.

Describing the invoking of Article 356 with regard to Bihar as the "fittest case", the BJP general secretary said the Article had been used 78 times and on several occasions it was done to bring down even duly elected governments.

When asked about differences among the coalition partners on the use of Article 356, Mr Govindacharya said they would be convinced about the matter.

Meanwhile, the Human Resource Development Minister, Dr M.M. Joshi, who attended the executive committee meeting, said the President, Mr K.R. Narayanan, had no alternative but to implement the government’s decision. Dr Joshi said the Rabri Devi Government had violated the Constitution and there was no alternative but to recommend President’s rule.
The meeting was attended among others by the Union Home Minister, Mr L.K. Advani, the party vice-president, Mr K.L. Sharma, the Minister of State for External Affairs, Ms Vasundhara Raje a former party general secretary, Mr Pramod Mahajan, the Industry Minister, Mr Sikander Bakht, the Labour Minister, Dr Satya Narain Jatiya and the leader of the Opposition in the Bihar Assembly, Mr Sushil Modi.

Another ally of the BJP, the Lok Shakti chief, Mr Ram Krishna Hegde, who is also the Union Commerce Minister, said in Bangalore today that despite his reservations on the use of Article 356 in Bihar, he would abide by the collective decision of the Union Cabinet as a "true democrat".

"There is no question of opposing the use of Article 356 in Bihar as everyone knows my views on it", Mr Hegde said in Bangalore.

The Commerce Minister, who declined to be drawn into a debate over the central decision, said that it would be improper to express my personal views when the Cabinet has already taken a decision and the issue was now before the President.

Mr Hegde said that he could not attend yesterday’s Cabinet meeting as he was indisposed. "Even if I had attended, I would have expressed the same views", he said.

Bihar House opposes Cabinet decision

PATNA, Sept 23 (PTI) — The Bihar Assembly today appealed to President K.R. Narayanan to reject the Union Cabinet’s recommendation to dismiss the state government and immediate recall of state Governor Sunder Singh Bhandari.

The appeals were made in two resolutions which were adopted in the Assembly.

The first resolution urging the President to reject the Cabinet recommendation was adopted in the absence of major Opposition parties like the BJP, Janata Dal, both factions of the Jharkhand Mukti Morcha and other Jharkhand parties which staged a noisy walkout protesting against the decision of the Chair to allow the resolution without it being discussed in the Business Advisory Committee.

The second resolution — for recall of the Governor — was passed by voice vote with the JMM and Janata Dal boycotting it.

Later, Speaker Deonarayan Yadav told newsmen that the second resolution was "improper’’. However, he did not explain why it was "improper’’.

"In exercise of my powers, "I will not send the resolution to the President as demanded by the members’’, the Speaker said.

Both resolutions were moved by the Furkan Ansari of the Congress. As the resolution regarding recall of the Governor was moved, BJP members raised objection and sat on a dharna in the well, forcing the Speaker to adjourn the House for half an hour at 1215 p.m. amid pandemonium.

When the House reassembled, BJP leader Upendra Nath Das, amidst protests by the RJD members, requested the Chair to reject the resolution for recall of the Governor, saying that such a resolution, if adopted against the first citizen of the state, would amount to "murder of the Constitution and democracy’’.

RJD activists court arrest in Delhi
Tribune News Service

NEW DELHI, Sept 23 — Rashtriya Janata Dal workers today courted arrest here, protesting against the Centre’s decision to impose President’s rule in Bihar.

About 200 demonstrators also demanded the removal of the Governor, Mr Sundar Singh Bhandari, for his "anti-democratic" recommendations to the Union Government.

The demonstrators, led by the party’s national secretary, Mr Raj Singh Mann, were stopped by the police near Parliament Street police station.

Mr Mann urged the President not to accept the decision of the Union Cabinet as it was against the will of the nine crore citizens of Bihar.

Indicating that the decision of the BJP-led government at the Centre was partisan, he said the Union Government had rejected Uttar Pradesh Governor Romesh Bhandari’s recommendation of imposing President’s rule in the state.