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| Thursday, December 28, 2000, Chandigarh, India   
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HC cannot usurp state’s function: SC Finally Ghalib ‘reclaims’ haveli Rajesh Khanna acquitted
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It is vicious campaign: Hrithik Flight from Kathmandu cancelled
A shopkeeper
with piles of cap on the eve of Id-Ul-Fitr at Jama Masjid area
in Delhi on Wednesday. — PTI Photo PM to open science congress Which survivor will become a ‘crorepati’? Orders to cops irk politicians Speaker
differs from HC order Rizvi’s remand extended till Jan 8 ‘Sati’ attempt Stamp on sarod maestro today Additional charge for Governor Kang Moopanar re-elected Parliament
prorogued
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HC cannot usurp state’s function: SC NEW DELHI, Dec 27 (PTI) — The Supreme Court has ruled that a high court cannot declare a particular provision of law as null and void without affording an opportunity to the state to address it on the question of law. Setting aside a Gujarat High Court order declaring as null and void a provision of the Vigilance Manual relating to granting of sanction by the state for prosecution of public servants, a Division Bench comprising Mr Justice U.C. Banerjee and Mr Justice K.G. Balakrishnan in a recent judgement said “the high court by itself cannot usurp the function of the state.” “No notice, however, was sent to the Advocate-General of the state before such a declaration was effected and the same thus cannot but be termed to be not sustainable”, the Bench observed. The order of Gujarat High Court giving certain directions to the state regarding granting of sanction for prosecution of eight IAS officers in corruption cases was challenged in two appeals before the Supreme Court on the grounds that the high court was “harsh” in its language and the order was bad in law. Taking a serious note of the “harsh” language used in the high court judgement, the Apex Court expunged the observations saying “use of temperate language and tolerance are the two basic factors in any judicial approach”. However, the Apex Court Bench referred the matter to the Central Vigilance Commission (CVC) for dealing with the sanction of prosecution of these officers and take appropriate action within a year. The Supreme Court noted that the judgement under appeal was delivered by the Appellate Bench of the high court on the basis of a letter written by the then Incharge of Anti Corruption Bureau and the resultant effect of which was the declaration of para four of the Vigilance Manual as ultra vires. It said though corruption cases against some influential public servants ought not have been withdrawn at the instance of the Home Department without any basis, the “High Court cannot usurp the function in the manner as it has in the matter, rather forward the same to such of the institutions as are available in the country for such inquiries”. |
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Finally Ghalib ‘reclaims’ haveli NEW DELHI, Dec 27 (UNI) — Finally, on his 203rd birth anniversary, Mirza Ghalib could reclaim his house where he had penned thousands of verses to gain permanent residence in the hearts of connoisseurs of Urdu literature. Lt Governor, Delhi, Vijai Kapoor, inaugurated a memorial in the name of the legendary poet Mirza Assadullah Khan Ghalib at the litterateur’s haveli in the walled city here today. Over the centuries after his passing away, Ghalib’s haveli had been surviving in a dilapidated condition. Till recently, a coal depot and an STD booth were functioning from the premises. Mr Kapoor said this was the first step in perpetuating the memory of the great poet. The government proposed to develop the land facing the haveli into a place where regular programmes on Mirza Ghalib would be organised. He congratulated the people involved in the project. “The memorial has been tastefully restored,” Mr Kapoor said. Earlier, Delhi Chief Minister Seila Dikshit said the completion of the project was like a dream come true. “It is a wonderful feeling,” she added. She said two years ago, the haveli was in a run-down condition housing a coal depot and STD booth. The Delhi Government acquired a portion of the haveli in December, 1999 and renovated the premises, Ms Dikshit added. The haveli is located in the Ballimaran area about one-and-half km from the historic Red Fort. After Ghalib’s death on February 15, 1869, it changed many hands and each such transaction resulted in mutilation of the original structure. On August 8, 1997, a single Bench Judge, Justice C.M. Nayyar, ordered restoration and renovation of the haveli within six months. An apex committee, under the chairmanship of the Lt-Governor, was constituted to oversee the restoration work. The committee comprised Delhi Chief Minister Sheila Dikshit, Mr Narendra Nath, Mr Vijay Goel, MP, Finance Commission Chairman A.N. Khusro, Mr Pawan Verma, dancer Uma Sharma, members of Ghalib Memorial Movement, the Ghalib Institute and Mr O.P. Jain of the Indian National Trust for Art and Cultural Heritage (INTACH), the
NGO, which was pressing for its renovation. To restore the original glory of the monument without making any major changes, the expert team had prepared a paste of limewater, gur (jaggery) and belgiri (a fruit that works like an adhesive). They filled the gaps between the bricks with this paste, said Mr Jain. No modern day additions were made to the haveli’s structure, he added. The haveli had been sensitively renovated and mechanically restored. Since the Mughal Lakhouri bricks and sandstone paving had been lost, a protective coat of lime plaster has been added, he said. The memorial houses, besides selected couplets from Ghalib’s works, his hookah, seals, books, portraits and the pictures of his contemporaries. A sketch of Ghalib at Lal Qila, letters written in his own hand, chronology of events and his last photograph could also be seen. |
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Rajesh Khanna acquitted MUMBAI, Dec 27 (PTI) — Eighteen years after the Income Tax Department filed nine cases of tax evasion against film actor Rajesh Khanna, a local court today acquitted him on the ground that prosecution had failed to make out a case against him. Additional Chief Metropolitan Magistrate C.L. Thool held that the nine cases filed against Khanna for evasion of wealth and income tax by concealing income from his Ashirwad mini-theatre from 1976 to 1982 could not be proved by the prosecution because it had not examined material witnesses. The judge also felt that the sanction given by the then Income Tax Commissioner Mr
D. N. Pathak, to prosecute Khanna was bad in law because it was stereotyped and indicated that blanks were merely filled in without meeting requirements of law. The sanction was accorded without any application of mind because though there were different assessment years no separate reasons for Khanna’s prosecution were mentioned in the sanction, the judge noted. He also disbelieved the plea of the Income Tax Department that benami investment amounting to Rs 3.51 lakh was made by Khanna in his mini-theatre. “This is so because the actor had showed in his tax returns loan advanced by him to Dimple Kapadia, his estranged wife and partner in Ashirwad”. The judge also noted in his order that prosecution had committed a major lapse by not examining prime witness Shomu Mukherjee who was a partner in the mini-theatre and managed its affairs. The Income Tax Department pleaded that concealment of investment in the Ashirwad mini-theatre from 1976 to 1982 by Khanna amounted to evasion of tax which was an offence. “I am happy to get justice after 18 years”, the film actor said. Speaking to mediapersons here, he exclaimed with joy: “I knew all along that I was in the right and would ultimately get justice. But you know that law takes its own course”. To a query about what he had to say on getting justice after 18 years, he said his personal views were that it was a considerable delay. Even the Supreme Court had opined that pending cases should be disposed of expeditiously, the actor said. |
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Embassy denies Hrithik made
adverse remarks NEW DELHI, Dec 27 (UNI) — In an attempt to prevent the issue from developing into a diplomatic row, the Indian Embassy in Kathmandu has denied any television interview by film star Hrithik Roshan making any remarks against Nepal. In a press note issued today expressing distress over the violence and loss of lives, the Embassy said it was concerned at the ‘baseless
rumours’ being spread by elements ‘inimical to the warm and cordial India-Nepal relations and the age-old ties between the peoples of the two countries. It had also received protest letters and seen reports appearing in
Kathmandu-based newspapers. The cooperation of the print and visual media in Nepal has been sought by the Embassy to remove any misunderstanding in this regard. The Embassy said the text of the interview given by the star to former actress and TV presenter Simi Garewal on the Star Plus channel on December 14 was available on websites indiafm.com and
hrithikroshan.com/articles/simigare2.htm. |
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It is vicious campaign: Hrithik MUMBAI, Dec 27 (IANS) — Film star Hrithik Roshan feels he is victim of a vicious campaign to tarnish his reputation even as he expressed complete bewilderment at the controversy over his alleged remarks against the Nepali people that have led to violence in the Himalayan kingdom. “I had been warned by well-wishers that slander stories against me were bound to start. How many positive stories could they write about me? Talking well of me is no longer hot news. But I’m still shocked by the viciousness of the campaign to tarnish my reputation,” Hrithik told the India Abroad News Service in an interview, adding “let me clarify that I’m here only to do good work and not to hurt people’s sentiments or to get into controversies.” “I’ve no clue what this is all about. I’m supposed to have said in an interview that I dislike Nepal and its people. This is utter nonsense,” he said. “Why would I say something like this? Where have I given this interview? The only television interviews I’ve given are the ones with Simi Garewal on Star Plus and with Karan Thapar on BBC’s ‘Face to Face.’ Nepal wasn’t even mentioned in the two interviews,” Hrithik said. Just back from a dream wedding at his father-in-law Sanjay Khan’s spa in Bangalore, Hrithik was relaxed and gracious as he spoke. He has taken a week off from work to spend time with his wife and family at home. A whole lot of questions surround the sudden eruption of protests against the biggest, sought-after Indian star of the new millennium. Media reports from Nepal mention an “Indian channel” which has supposedly telecast the offensive interview. But neither the channel nor the interviewer’s names are specified in these reports. Moreover, none of the protestors have come forward with a transcript of the alleged interview. Sources in the film industry say Hrithik is too apolitical and soft spoken to make the statements attributed to him. They feel jealous rival elements are behind the campaign to smear Hrithik. Besides Nepal, the other country where hostility is being whipped up against Hrithik is South Africa. A political party in South Africa is using Hrithik’s face and name for their electoral campaign, much to the resentment of rival parties. Hrithik is both baffled and amused by all this. “A section of the Indian people in South Africa are now against me because I’m supposed to have joined hands with a political party in South Africa. As a matter of fact this political party has used my picture and name without my consent. I’ve already sent letters of clarification regarding the matter. I’ve nothing to do with politics in India let alone in South Africa,” he said. Hrithik’s name is frequently associated with political and cultural events within and outside India of which he has no knowledge at all. Since he’s a brand name, and one that instantly evokes mass hysteria, a number of individuals and organisations all over the world seem to be using his celebrity status for vested interests. |
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Flight from Kathmandu cancelled NEW DELHI, Dec 27 (UNI) — The unrest in Nepal over the remarks allegedly made by film star Hrithik Roshan had its effects on Indian Airlines’s operations as the
Varanasi-Kathmandu-Varanasi sector had to be cancelled today leaving 162 incoming and outgoing passengers stranded. An Indian Airlines spokesman here said the flight could not be operated because the eight-member night
halting crew at Kathmandu, including the pilot and co-pilot, could not reach the Tribhuvandas International Airport from their hotel because of disturbances in the city. But Indian Airlines could operate IC 813 from Delhi to Kathmandu and IC 814 from Kathmandu to Delhi as that is operated by a ‘quick return crew’. “We are keeping our fingers crossed that the daily flight from Varanasi will be able to operate tomorrow”, the spokesman said. According to reports from Kathmandu, several students were injured today as violent student protests resumed over the anti-Nepal remarks allegedly made by the popular Indian actor. Hrithik Roshan has vehemently denied that he had made such comments. The protests against the Indian actor’s alleged remarks began on Sunday and yesterday four persons were confirmed killed in the capital in police firing on protesting students. The students today pelted shops owned by Indians in New Road in the heart of the Nepalese capital and the police had to resort to a baton charge to disperse the youths. |
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President, PM greet nation on Id NEW DELHI, Dec 27 (PTI) — President
K.R. Narayanan, Vice-President Krishan Kant and Prime Minister Atal Behari Vajpayee today conveyed their warm greetings and good wishes to the people on the auspicious occasion of
Id-ul-Fitr. The President in his message said: “On the auspicious occasion of
Id-ul-Fitr, I convey my warm greetings to all fellow citizens and Muslim brothers and sisters in particular”. “May this day instil in us a sense of essential unity of all faiths and pride in the composite culture of India,” the message said. Conveying his good wishes to all, the Vice-President said the festival marked the culmination of the holy Ramzan and fasting by the devout. “By making us to go through the pain of hunger, Ramzan helps engender a natural empathy for the poor, the hungry and the deprived. “The sharing, giving and the charity associated with
Id-ul-Fitr is a symbolic celebration of the divine ordinance to promote kindness, compassion, love, brotherhood and genuine sharing among all humans,” he said. |
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PM to open science congress NEW DELHI, Dec 27 — The Indian Science Congress (ISC) to be inaugurated by the Prime Minister, Mr Atal Behari Vajpayee, in the Capital on January 3 would bring out a vision document on the scientists’ perception of food, nutrition and environmental security. The five-day long congress to be attended by eminent scientists from across the globe would dwell on the issues of food, nutrition and environmental security. The President of the ISC, Dr R S Paroda, said the congress would focus on contemporary issues of global concerns and how these could be addressed through different disciplines of science. He told newspersons the vision document would be based on the principal theme of the New Delhi session. It would be prepared in consultation with the Fellows of the various science academies and eminent scientists. The Prime Minister will be releasing it soon after the formal opening of the congress, he added. Dr Paroda, who is also the Director-General of the Indian Council of Agricultural Research pointed out that besides the Prime Minister, the Human Resource Development Minister, Dr Murli Manohar Joshi and the Agriculture Minister, Mr Nitish Kumar, would be attending the inaugural ceremony at the Pusa Institute here. About 5000 scientists of different disciplines from India and abroad are expected to take part in various scientific sessions. A large number of farmers and students coming to the Pusa campus during the session would be able to see the “Agro Vision 2001” exhibition being organised to coincide with the science congress. Nobel Prize winning agricultural scientists Dr Norman Borlaug, world renowned rice scientist Gurdev Khush and world food prize winner (for maize research) Dr S K Vasal are among the galaxy of scientists attending the congress which would conclude on January 7, Dr Paroda added. |
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Which survivor will become a ‘crorepati’? CALCUTTA, Dec 27 (PTI) — how about winning $ 1m cash in a
TV gameshow with a dash of adventure? If getting the telephone line for Amitabh
Bachchan’s gameshow “Kaun Banega Crorepati” and winning Rs 1 crore for giving 15 correct answers could be too taxing for the brain and the fingers and boring for those with a zest for life, here is a
TV serial that offers money to the gutsy. The winner of a new gameshow rewarding $ 1 m — being aired on the
AXN — has to outwit, outplay and outlast others in a ‘real’ primitive environment where he has to stick it out with 15 other near marooned people on a South China sea island for more than a month and emerge ‘survivor’ for the bonanza. During the period, he will fight it out with poisonous insects and wild animals, inclement weather and unfriendly neighbours with no basic comfort, and his activities along with those of others being shot for worldwide audience. “Survivor”, which is being telecast on action and adventure channel,
AXN, serially on every Tuesday at 10 pm from December 19 to March 20 next, has 16 people of varying age and profession as “actors” for the serial which did not have a script, the channel’s managing director Todd Miller says. The show had eight men and eight women of varied age and profession, on the island of Pualau Tiga, off the Western coast of Sahah in Malaysia. They were forced to band together and carve out a new life using their collective wit to survive. Their life, which was being filmed continuously, saw them build shelter, gather and catch food, while at the same time competing against each other in several games for the ultimate reward, of $ 1 m. This is in sharp contrast with the
KBC show, where all the action is limited to dialing the telephone numbers and adventure is restricted to facing, sitting on the ‘hot seat’, the baritone voiced Big B off screen. The climate is cool inside the safety of a modern studio where both the host and neighbours are cooperative. The ‘survivor’ games include bug-eating, treasure hunting, rescuing a distressed member, archery et al. The winner of every round gets a prize which may be matchsticks, fishing spear, fresh fruit, canned food and even a phone call back home. The castaways are divided into two groups each voting one person off the island on every third day. week by week, the tribes shrink one by one, until the final episode when two persons are left. At that time, the seven last eliminated participants decide who will be the final ‘survivor’ on the island. Each episode (three days on the island) of the serial chronicles the daily lives of the castaways to conclude with the voting. “It is much more than just another million dollar game show. It’s really about how the game is played and the entertainment value in watching the 16 castaways outwit, outplay and outlast each other,” says Miller. |
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Orders to cops irk politicians CALCUTTA, Dec 27 — The Chief Minister, Mr Buddhadev Bhattacharya’s directives to the police to shoot at anti-socials, has aroused various parties, Human Rights Commission, legal luminaries and other eminent personalities. At a public meeting in Burdwan district on Monday, the newly appointed Chief Minister said he had asked the police to firmly deal with the criminals and if necessary, to shoot-at-sight. He said mercy should not be shown to the anti-socials. Mr Bhattacharya’s predecessor and political guru, Mr Jyoti Basu welcomed the stand but ministers and leaders of some other parties of the Left Front government, strongly criticised the Chief Minister’s directives. “Will the police throw rasgoolla to the criminals who attack them with brickbats and bombs”? asked Mr Basu. “They have every right to protect themselves and the people”, observed former Chief Minister. Railway Minister Mamata Banerjee and Minister of State for Communication Tapan Sikhdar strongly criticised Mr Bhattacharya for openly inciting the police. Mamata Banerjee threatened to go to the Amnesty International and Human Rights Commission against the Chief Minister for his announcement in inciting the police to take up arms against the people. “This will encourage the corrupt police personnel as well as CPM cadres to take on their enemies with or without reasons. No civilised minister of any government can utter like this, Ms Banerjee remarked. Chairman of the Human Rights Commission (state unit), Justice Mukulgopal Mukherjee felt that the Chief Minister had crossed his administrative limit in directing the police to shoot at those they would consider criminals. But who will decide? Chief Minister? police? or court?, he asked. Mr Ashok Ghosh, Secretary, Forward Bloc, Mr Debabrata Bandopadhyya, RSP State Unit Secretary and CPI leader Nandagopal Bhattacharyya all Front partners expressed resentment against Chief Minister’s stand. State Congress president, Mr Pranab Mukherjee and others also criticised the Chief Minister for his statement which would encourage the police to
unnecessarily use firearms. |
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Speaker
differs from HC order CHENNAI, Dec 27 (UNI) — Tamil Nadu Assembly Speaker P.T.R. Palanivel Rajan today differed with the Madras High Court and asserted he had powers to order arrest of a member of the House for incidents occurring within the “four walls of the House”. Reacting to the high court order in the Thamaraikani case that the Speaker had no right or power to order the arrest of a member, he said, “Whatever happens within the four walls of the House, the Speaker is supreme”. “I don’t accept the court’s verdict that I don’t have powers to order arrest of a member”, he said justifying his order, passed last year directing the police to arrest Mr Thamaraikani, the then
AIADMK legislature party leader for “assaulting” Agriculture Minister Veerapandi S. Arumugam inside the House. The Speaker requested Lok Sabha Speaker G.M.C. Balayogi to convene a conference of presiding officers to clearly define the powers of the legislatures in the wake of the high court order. The conference should consider whether the Centre should bring in a constitutional amendment or Parliament should issue a clarification, to ensure that courts do not interfere with legislatures, he said. Mr Palanivel Rajan wanted clear lines to be drawn on the powers of the presiding officers as he preferred that any amendment or clarification by Parliament should be like laws in the Ninth Schedule of the Constitution, which could not be challenged in a court of law. “Why should I”, the Speaker shot back when asked whether he would go for an appeal against the high court order. “I am clear in my views that the Speaker is the final authority on what happens within the four walls of the House”, he added. The Speaker said the power to arrest a member was, however, different from powers to award punishment. While awarding punishment, he always consulted the House, he said, adding that in case of Mr Thamaraikani, the 15-day imprisonment was awarded only after a resolution was passed by the House. What was important was not the quantum of punishment, but the sovereignty of the House, he said. On pursuing further the case of Mr Thamaraikani, who had served only two days’ imprisonment, he said he would consult Chief Minister M. Karunanidhi and discuss with the Business Advisory Committee (BAC) when the House meets on January 19 on this issue before taking any decision. The Speaker indicated that the
AIADMK member did not face any immediate threat of arrest as he was allowed to get admitted in a hospital for treatment. If the members wanted the quantum of punishment to be reduced and the Leader of the House moved a resolution to this effect, he would go by the same, he added. |
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Rizvi’s remand extended till Jan 8 MUMBAI, Dec 27 (PTI) — Film producer
Nazeem Hasan Rizvi and his assistant Abdul Rahim Allah Baksh were today further remanded to police custody until
January 8 by a special court on the ground that investigations were at a delicate stage. In a related development, the prosecution questioned the locus standi of
Bharat shah, financer of the controversial film “Chori Chori Chupke
Chupke”, who intervened through his lawyer by simply filing a ‘vakalatnama’ without staking his claim for negatives of the movie seized by the police. After perusing case diaries and investigation reports, designated judge
A. P. Bhangale felt adequate opportunity should be given to the police to investigate because planned attempts had been made by the underworld to establish its rule in the Bollywood by
targeting film personalities. The judge felt that the police had come across material evidence and valuable information during investigations. He felt there was prima facie material to show that the accused had indulged in serious crime at the behest of
Karachi-based Don Chhota Shakeel. The prosecution, led by Rohini
Salian, urged for more time to investigate the matter. The police had to decipher coded words used by the accused in telephonic conversations recorded by them to show links of Rizvi with
Chhota Shakeel. The judge turned down the request of defence lawyer
Sayaji Nagade to conduct an interview with Rizvi in the court premises. He was advised to meet the accused in jail with the permission of the police. The judge also noted that the accused had no complaints against the police. |
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‘Sati’ attempt BANDA (UP), Dec 27 (PTI) — Prompt action by the police prevented a widow from committing ‘sati’ in Kidhauli village in Banda district yesterday and she was sent to jail, the police said today. The widow Radha Bai, dressed up like a bride accompanied her husband’s body to the cremation ground. Suspecting that she was likely to commit ‘sati’, the police arrested her. Radha Bai told mediapersons that “Sati maiyya” had directed her in her dream to commit ‘sati’. Her husband, an advocate, died in Chattarpur, Madhya Pradesh a few days back, the police said. His body was brought to his native place yesterday. Thousands of villagers from adjoining villages converged at the cremation ground on getting information that Radha Bai was likely to commit sati. The advocate was cremated later in the presence of the police. |
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Stamp on sarod maestro today NEW DELHI, Dec 27 (UNI) — A special commemorative postage stamp on Ustad Hafiz Ali Khan, one of the greatest exponents of Sarod and father of Ustad Amjad Ali Khan, will be released tomorrow at a function here where First Lady, Ms Usha Narayanan, will be the chief guest. Communications Minister Ram Vilas Paswan will release the stamp issued by the Department of Posts in the denomination of Rs 3. Ustad Amjad Ali Khan has instituted annual awards to honour Indian and foreign exponents of classical music, and this year’s recipients are vocalist Ustad Ghulam Mustafa Khan and ghatam exponent Pandit T. H. Vikku Vinayak Ram. |
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Additional charge for Governor Kang NEW DELHI, Dec 27 (UNI) — Kerala Governor Sukhdev Singh Kang has been given the additional charge of Governor of Andhra Pradesh. This has been done as Andhra Pradesh Governor C. Rangarajan is on leave, a Rashtrapati Bhavan
communiqué said today. Moopanar re-elected CHENNAI, Dec 27 (UNI) — Mr G.K. Moopanar was today unanimously re-elected President of the Tamil Maanila Congress (TMC) by the party’s general council. Mr Moopanar, who founded the party in April 1996, will hold office for a two-year term. The general council, by a resolution, authorised Mr Moopanar to nominate the party executive. Party Election Officer B.S. Gananadesikan announced the election of Mr Moopanar to the wild cheers of the members at the sprawling Kamarajar Arangam. Sixtyeight nominations, including those from former Union Finance Minister P. Chidambaram, were filed on behalf of Mr
Moopanar. Parliament prorogued NEW DELHI, Dec 27 (PTI) — Both Houses of Parliament have been prorogued by President K.R. Narayanan. After a month-long winter session, which began on November 20, the Lok Sabha and the Rajya Sabha were adjourned sine die on December 22, a Lok Sabha press note said today.  |
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