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| Wednesday,
May 16, 2001, Chandigarh, India   
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Rebel MLAs rally round Nishank Cong workers
lathicharged Statute backs Jaya: Congress Cong stand on Jaya may backfire |
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Mamata’s charges ‘beneath contempt’
Crucial evidence in Jessica case today CBI grills Hinduja brothers 31 Rajasthan districts drought-hit ‘Monkey man’ strikes again
Tehelka hands over tapes Scholarship offer
for scribes
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Rebel MLAs rally round Nishank Dehra Dun, May 15 These members have alleged that the meeting was called at the behest of the Chief Minister and they were given very short notices to attend the meeting. One of the members told The Tribune that the Chief Minister had tried to prove his strength within the party just before the meeting of the National Working Committee of the BJP scheduled for May 20 and 21 at
Mussoorie. But the dissident party workers and MLAs of Uttaranchal are gearing up to voice their protest before the party high command at Mussorie. Most of the dissident BJP MLAs, including Mr Lakhe Ram Joshi, are now rallying round Mr Ramesh Pokhriyal Nishank, Finance Minister of the state, to project him as an alternative to Mr Swami. Mr Nishank, who was earlier a probable candidate for chief ministership when the state was formed, could not put up his case strongly before the party high command. Since then he has developed cordial relations with even the loyalists of Mr Swami. The number two minister in the state Cabinet, Mr Bhagat Singh Koshiyari, who was one regarded as a close confidant of Mr Swami has developed good relations with Mr Nishank. This may prove costly to Mr Swami politically if Mr Koshiyari comes out openly in favour of Mr Nishank in front of the party high-command. According to sources within the BJP legislature party, the dissident MLAs met here in a private hotel yesterday and discussed the possibility of change of guard. Most of the MLAs who attended the meeting were of the view that they should not compromise on the issue of change of guard even if senior party leaders tried to pacify them. This time it should be a decisive “onslaught’’ on Mr Swami. Even at the lower level, party workers are not happy with the performance of the Swami government. They feel very isolated at the way the government is functioning. They allege that Mr Swami has no time to meet them. He gives minimum time to party issues, they add. Recently, Mr Harbans Kapoor the local MLA, was given a plum post as a committee chief with a Cabinet rank, but Mr Kapoor did not show up to take the oath of office. Being a local leader with a sizeable mass base, the differences between Mr Swami and Mr Kapoor may prove a “death blow” to Mr Swami. Mr Swami has never contested direct elections in his political career. It will be for the first time after the delimitation of the constituencies that Mr Swami will go to the public asking for votes. The MLA from Uttarkashi, Mr Gyan Chandra, and from Tehri, Mr Lakhe Ram Joshi, have been expressing their grievance that their districts have not been given representation in the Cabinet, whereas all former MLCs of the UP Legislative Council, who later became MLAs in the interim Assembly of the state, have been inducted into the Cabinet. One of them is the Speaker of the House. Almost all dissident MLAs and MPs have come out with statements from time to time articulating their
grievances. Sources close to Mr Nishank say that he has managed to patch up with other senior members of the Cabinet also. Among them are Mr Narayan Ram Dass, Mr Ajay Bhatt, Mrs Nirupma Gaur, Mr Kedar Singh Fonia and Mr Bharat Singh
Rawat. |
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Cong workers
lathicharged Dehra Dun, May 15 Thousands of Congress workers of the state led by the state president, Mr Harish Rawat, and Mr Suryakant Dhasmana marched towards the state Assembly. Just 100 metres before the state Assembly where barriers were set up, the party workers got agitated over the remarks of the City Magistrate and police officials and broke away wooden barriers pushing back security personnels. To control the situation, the City Magistrate ordered lathi charge on the party workers to prevent them from going near the Assembly building. Meanwhile, Mr Rawat, intervened and asked the party workers to stop destructive acts. The matter was then cooled down. Later talking to the Tribune, Mr Rawat said their main aim was to raise their voice against the government and not to enter the Assembly building. In reply to a question, he said their main demands include setting up of all constitutional bodies, raising of funds for welfare schemes and drafting of reservation policy at the earliest. To press their demands, the Congress had planned to protest outside the Chief Minister’s residence on May 20. |
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Statute backs Jaya: Congress New Delhi, May 15 In a statement, Mr Kumar, who is a senior advocate, said the contention advanced in some quarters that the AIADMK supremo is not eligible to occupy the Chief Minister’s chair is premised on a questionable legal foundation based upon her conviction by a Tamil Nadu court in a corruption case. He said Article 164 (4) of the Constitution itself postulates that a person other than a member of the legislature could remain a minister or Chief Minister for a period of six months. “It is obvious that the ambit of Article 164 (4) of the Constitution cannot be restricted with reference to any provision of a statute like the Representation of People Act, 1950,’’ he contended. Mr Kumar said conviction in law has been repeatedly held to denote final confirmation of the order of conviction after the accused has had an opportunity to exhaust the legal remedies by way of appeal to higher judicial forums. Defending the action of the Tamil Nadu Governor, the Congress leader said since there was no final judicial precedent in a similar case on the legal issues involved, it would have been unjust to deny Ms Jayalalitha the Chief Minister’s office given that the electoral verdict was in her favour. Referring to the results of the Assembly elections in five states, Mr Kumar said a decisive victory for the Congress and its coalition partners in Assam and Kerala was a triumph for the party’s policies and the direction given to it by Mrs Sonia Gandhi. “A substantial erosion of the vote share of the BJP and its allies in all the states that went to the polls is a decisive rebuff to the divisive agenda of the BJP and the nonperformance of its allies. The electoral verdict reflects not only an anti-incumbency sentiment but also a positive affirmation of the peoples faith in the Congress,’’ he said. Mr Kumar said the BJP-led government at the Centre, which is in
governance on account of the vote share of its allies in the 1999 Lok Sabha elections with its own share being significantly less than that of the Congress, has lost the mandate to rule. |
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Cong stand on Jaya may backfire New Delhi, May 15 With legal experts divided on the legalese involved in Ms Jayalalitha becoming the Chief Minister, not to speak of the issues of political morality and propriety, the Congress’ unqualified support to her would breach the high moral ground it has been occupying in the corruption cases. For one, it may take the sting out of its attack on the NDA government on the Tehelka expose. The Congress, which had forced the resignation of former Minister of State for Defence Hiren Pathak after he was chargesheeted and had raised a storm over the continuation of Mr L.K. Advani and two other “chargesheeted” BJP ministers in office, may now have a lot of answering to do for supporting a convicted leader. The party ally in Bihar, Mr Laloo Prasad Yadav, who was forced to quit office of Chief Minister following corruption charges, may now have a few questions for the Congress leaders. Ms Jayalalitha has been convicted in three corruption cases by trial courts and has now moved higher courts for relief. Having been a part of the Jayalalitha-led alliance, the Congress had little choice except supporting her as Chief Minister once she made it known that she was the only choice for the post from the AIADMK. |
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Mamata’s charges ‘beneath contempt’ New Delhi, May 15 While Mr Gill is holidaying in Uttarakhand hills, Principal Secretary to EC A. N. Jha, in a terse seven-line statement this evening said the EC is a three-member commission of equals, which had taken all decisions on the recently-concluded Assembly elections. “Therefore, whatever despicable remarks have been made against Mr Gill are necessarily a reflection against the entire commission and categorically dismissed as beneath contempt,” the statement said. A day after the electoral rout of her party, Ms Banerjee had alleged yesterday that “the entire administration and the Election Commission worked for a particular party. The EC even changed observers during polling day....Despite repeated attempts I could not contact Mr Gill on polling day. She alleged Mr Gill had been “purchased” and might be given some office after his retirement soon. The commission’s statement was issued shortly after a meeting of the two Election Commissioners with other senior officers in the commission. |
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Babri: Advani blames Rao New Delhi, May 15 The Congress governments used the judiciary to “thwart the people’s desire” in the matter, Mr Advani continued his deposition before the Liberhan Commission inquiring into the sequence of events leading to the demolition of the disputed structure. “If the high court had pronounced its verdict on its own before December 6 in response to our requests, the demolition would not have occurred,” he said. Stating that the Allahabad High Court verdict would have diffused the situation, he said, “If it had been in favour of the Uttar Pradesh Government, then “kar seva” would have been possible. If the verdict went against the state government, then also the land would have been reverted back to the original owners, one of which was the Ram Janmabhoomi Nyas Samiti. Either way, the “kar seva” would have been done and the demolition could have been averted”. The Union Home Minister said, “Mr Vajpayee met the then Prime Minister (P.V. Narasimha Rao), I also met Mr Rao and we urged him to request the high court to give an early verdict. After all it was entirely up to the high court to time its verdict”. “But, Mr Rao refused to make the request and this conveyed a message to the judiciary, which did not give an early verdict”. Stating that the RSS itself doubted whether it could keep the hundreds of thousands of “kar sevaks” in control, Mr Advani said RSS leader Rajinder Singh (Rajju Bhaiya) met Mr Rao on December 3, urging him to request the high court to deliver its verdict by December 6. Mr Rao had replied that he was confident that with leaders like Rajju Bhaiya around everything would remain in control and nothing untoward would happen, Mr Advani said. Regarding Mr Rao’s statement before the commission that the Centre could not have made the request as it was not a party to the dispute, Mr Advani said at no point of time had Mr Rao told them about that. The Union Minister said the nature of the “kar seva” was originally decided by those directly in charge of the Ayodhya movement and the BJP had not asked to be consulted on a day-to-day basis on the programme, schedule or the manner in which it was to be carried out. Mr Advani said he had reached Ayodhya on December 5, and was shown the preparations for the symbolic “kar seva” planned to be done as per the orders of the Supreme Court. However, no alternative plan of “kar seva” was envisaged, he added. |
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Crucial evidence in Jessica case today New Delhi, May 15 The two other eyewitnesses, Mr Shyan Munshi and Mr Shivdas Yadav, have turned hostile in the case while deposing before the Additional Sessions Judge, Mr H.R. Malhotra. The examination by the prosecution and the defence of Mr Yadav continued today where he maintained that he did not see who shot at Jessica Lal. The prime accused in the case Mr Manu Sharma, charged with murder (Section 302 of the Indian Penal Code) and criminal conspiracy (Section 120-B of the IPC) today appeared in the court in a white shirt and a cream coloured pant with a clean shave. The only accused in the case who is behind bars, Mr Manu Sharma looked cheerful and relaxed as two eyewitnesses have turned hostile. Mr Rajput, who was sitting in the bar when the shooting took place, told the police that Mr Manu Sharma shot at bartender Jessica Lal at Tamarind Court restaurant of Qutub Collonade owned by socialite Ms Bina Ramani on the night of April 29, 1999. The third eyewitness had told the police that he had come down from Allahabad to visit his relative on April 29, 1999, who was a supervisor at Tamarind Court. He was sitting next to the piano at the bar waiting for his relative to finish his work. At around 2 am he saw a man in a while T-shirt arguing with the woman behind the bar for a drink. The man took out his gun and shot once in the air and then at Jessica Lal. The prosecution case now rests on the crucial evidence by this eyewitness as the two other eyewitnesses have turned hostile. The first eyewitness Mr Munshi, who was doing a part-time job in the restaurant, in his evidence said, “I don’t recognise the man who shot Jessica Lal.... it is incorrect to suggest that the accused Manu Sharma is the same person....he was much taller.” The second eyewitness Mr Yadav, an electrician, told the court: “I followed Bina Ramani inside the cafe....I saw Jessica Lal lying hurt on the floor.” Mr Yadav had told the police that “I was removing the decorations, I felt thirsty, so I went to the bar to get a cold drink. There I saw Shyan, Jessica and another person in a white T-shirt. Suddenly the man took out a gun and shot twice. Once in the air and then at Jessica. I ran to the kitchen and when I came back I saw Bina Ramani trying to help Jessica.” In his evidence before the court today, Mr Yadav, denying his statement to the police, said: “I did not see Jessica Lal conversing with a boy of 28-30 years old having fair complexion wearing a white T-shirt and blue jeans.” “I had gone to the cafe at around 2 a.m. After hearing some noise like crackers bursting. Bina Ramani entered Tamarind Cafe first and then I followed her. I do not know if Bina Ramani had tried to stop that boy who had fired a shot at Jessica Lal. I did see Jessica Lal lying on the floor. “I brought one white sheet where Jessica Lal was lying on the ground and then she was wrapped in that white sheet by me, Jitender Raj, Bina Ramani and a few others and then she was removed in a car parked outside and then Bina Ramani, Madan (waiter) and Jitender Raj took her to the hospital,” Mr Yadav told the court. He also denied in the court having identified Mr Manu Sharma, whose photograph was shown by the police. |
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CBI grills Hinduja brothers New Delhi, May 15 The CBI had received the bank documents of the three brothers last week, which showed that money was transferred from one account to another. “The three Hinduja brothers — S.P. Hinduja, G.P. Hinduja and P.P. Hinduja were questioned separately for over three hours pertaining to the transactions mentioned in the fresh Swiss document,” a CBI spokesman said here. The designated CBI court had yesterday granted permission to two of the Hinduja brothers, S.P. Hinduja and G.P. Hinduja (both British nationals), to stay out of the country till August 20 after they furnished bonds of Rs 15 crore each. The court order followed an interim order from the Supreme Court, allowing the two brothers to go out of the country to manage their business interests abroad. However, the third brother, P.P. Hinduja, who is a Swiss citizen, has been asked by the court to remain in the country as a guarantor for his two brothers. Refusing to divulge the details of the transactions, the spokesman said the agency would be retaining these documents for some time for further scrutiny. “These had already been shown to Special Judge R.L. Chugh, who is hearing the Bofors payoff case,” he said. While stating that the CBI might question P.P. Hinduja again, he said the investigating agency would not require for questioning in the near future the other two Hinduja brothers. The CBI had made a request to the Swiss authorities for these papers in June last year. “Since the papers came in response to the letter rogatory of the court, we had to produce them before it first,” he said. Asked whether these were the last set of documents sought from the Swiss authorities, the spokesman maintained that “as of now, these are the papers we had sought... . But we would be on the trail and if something more comes up, we would again seek assistance of the Swiss authorities.” The spokesman said the fresh set of documents, pertaining to the details of transfer of money from Lotus, Tulip and Mount Blanc accounts, allegedly belonging to the three Hinduja brothers, to accounts of other companies, “would further strengthen the case and help in investigation”. The fresh set of documents received by the CBI is the fourth one from the Swiss authorities since 1990. The first set of documents pertaining to A.E. Services was received by the agency in December 1990 after the CBI sent a letter rogatory on February 7, 1990. The second set regarding Ottavio Quattrocchi and Win Chadha were received by the CBI in 1997 and the third, which detailed the accounts of the three Hinduja brothers, were transferred from the Swiss authorities in December, 1999. |
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31 Rajasthan districts drought-hit Patan (Ajmer District), May 15 Barring Dholpur which has excess rainfall, all 31 districts in the state are reeling under drought. The authorities blame it on geography and rain gods but the hard fact is that disaster mitigation efforts in a state facing drought for the third consecutive year have been far from satisfactory. The major source of livelihood in small areas are primarily agriculture and animal husbandry. Both are badly hit. Almost all water resources have dried up. The state government is, however, unfazed by criticism over its failure to carry out relief efforts. The government’s claims of repairing handpumps, deepening wells, providing fodder at subsidised rates and creating job opportunities to the needy are dismissed as “overstated” by persons affected by the drought. Rajasthan Relief Secretary Ram Lubhaya says: “We can help people earn their livelihood for sustainable development. It is not possible to find a permanent solution to the drought. Rajasthan and drought have become synonymous,” he laments. Of the four crore population affected by the drought, only 14 lakh have been provided employment by the state
government. Mr Lubhaya said “we are focussing on the vulnerable sections like the Scheduled Caste and Scheduled tribes, backward classes and persons living below the poverty line.” Chief Minister Ashok Gehlot asserts that the government is geared up to face the situation. The ground reality, however, does not match his claims. In Patan village, about 90 km from Jaipur men folk have been compelled to migrate in search of employment. Village sarpanch Pusa Ram told this correspondent that 500 persons out of a total village population of 1800 have gone out of the village to earn a livelihood. Villagers are not aware of the cattle camps being run by the state government, 13 km away in Kishangarh and have had to abandon their cattle for want of fodder. Women in Gaigal village complained of acute waster scarcity. Kaushalya Devi said they have to wake up at 3 am to fetch water. This is despite the Chief Minister’s assertion that traditional sources of water were being revived. Mr Gehlot hinted that the state had limited resources to tackle the situation. He said the state had sought more than Rs 2367 crore from the Centre and complained that the present Central government assistance was not enough. Talking about the food for work programme initiated by the state government, the Chief Minister said they have sought the Centre’s permission to give wheat at the PDS rate to persons living below the poverty line as well as above the poverty line. Under this programme needy persons are identified. The wages of Rs 60 a day are said to be the highest in any drought condition. Jobs are given for a fortnight. The workers are entitled to 5 kg wheat a day at the rate of Rs 4.80 per kg. They can get wheat in exchange of the coupons. The balance is paid in cash. Apart from this the state government claims that wages are paid within 10 days of the close of the fortnight. Although the officers claim that two quintals of wheat are stocked at all panchayat headquarters for distribution to poor families, targeted beneficiaries have no idea about the programme. |
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‘Monkey man’ strikes again New Delhi, May 15 While there were reports about the creature having struck at 50 places last night, the police said there were more rumours and fake calls than real incidents about the “so-called” monster attacking people. Fifteen persons were injured on Sunday, the first day when the creature entered the Capital after spreading terror in Ghaziabad where it attacked about 100 persons. The Joint Commissioner of Police (New Delhi range), Mr Suresh Roy, said the description of the strange creature varied from person to person. The victims had been referred for a thorough medical examination to establish the extent and the cause of the injuries. Mr Roy did not rule out the possibility of anti-social elements being involved. Most attacks took place when there was no electricity in the area. The Deputy Commissioner of Police (East), Mr Manoj Lal, said of the 24 distress calls the area police received last night, 19 turned to be fake. He confirmed only five cases in which people received minor injuries. Three of these cases were reported from Krishna Nagar while two cases were registered in Mandawali and Patparganj industrial areas. There is apprehension among residents of the affected areas about the “black monkey”. There was a stampede in a busy market of the East District after the creature was reportedly sighted. In the stampede, people received injuries. The DCP said incidents of attack by the strange creature had so far been reported from East and North-East ghettos. There is a rumour in the area that the creature wears a black jacket, black trousers and a black helmet and looks like a black monkey. It also seems to be an expert gymnast. Eye witnesses claimed that it jumps 20 feet and vanishes after attack, the DCP said. The Deputy Commissioner of Police (North-East), Mr Vivek Gogia, said the mysterious creature today attacked a woman, Sunita, in Mansarowar Park and Mohammad Alam in Usmanpur. In the first case, Sunita, a married woman, received abrasions on her arms after she was reportedly embraced by someone from behind soon after she woke up this morning. The creature disappeared as soon as she turned back. She could only see a huge shadow fading away. In the second case, Mohammad Alam was attacked while he was asleep at 2.30 a.m. He received scratch marks on his cheek and forehead. He saw a black monkey vanishing in the air. Mr Vivek Gogia said, “We are yet not sure about the nature of the creature that had created terror in the area by attacking several persons. Six
hundred police personnel are out on the streets to solve the mystery”. |
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Released on forged SC orders Sriganganagar, May 15 Teja Singh was released from prison on the basis of court orders which were faxed to the sub-jail by someone from the office of the Sriganganagar District and Sessions Judge (DSJ). Subsequently, the orders were referred back to the apex court for verification. Alarm bells rang when the official concerned of the Supreme Court wrote back that the orders had been forged and were never issued by them. The undertrial was arrested for his alleged involvement in the abduction of a witness from the Anupgarh court complex who was found murdered a few days later. The crime had rocked the district and the police had managed to arrest him after an extensive manhunt. Police sources said they suspect the involvement of an inter-state gang which specialises in forging orders to get convicts released. However, this is the first time that such a case has come to light and has bewildered the police and judicial officers. The accused was, however, arrested after the matter came to light. His attorney is still at large. They have been booked under Sections 420, 467, 468, 471 and 120-B, IPC. The sources said the police was investigating whether the papers were prepared in the city and faxed from here itself. Since the DSJ office did not have a fax, the orders were received on the official fax of the District Collector whose staff forwarded it to the office of the DSJ. The number from where the fax had been sent was also missing, lending credence to the “locally prepared papers” theory. The DSJ reportedly went through the fax and noted his observation that the fax should be verified before being sent to the sub-jail. What was intriguing investigating officials was that the fax received at the jail did not contain any notings and also did not have any number, complicating matters. Another angle was that faxing such orders was unheard of and the undue haste shown in faxing the message again to the sub-jail the same day, ignoring the orders of the DSJ, pointed to the alleged collusion of the DSJ’s staff and others. In view of the fax from the DSJ’s office, the authorities of the sub-jail did not have any suspicion and released the accused. The sources said the orders looked genuine and matched with those normally received by the authorities. Since the accused was not cooperaitng with the police, it also remains to be established whether the high court was approached by the accused since the Supreme Court normally did not issue release orders directly. His advocate had been named as an accused in the FIR since he reportedly appeared before the court and allegedly misled the court, claiming that the orders were genuine, the sources added. The staff of the DSJ’s office is not cooperating with the police and an Inspector, who had come from Anupgarh to record their statements, was turned away on the plea that the matter should be investigated by a senior officer. The DSJ was unavailable for comments. Meanwhile, the police does not deny that it could be the handiwork of a former minister to favour a supporter.
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Tehelka hands over tapes New Delhi, May 15 The tapes were handed over to Justice Venkataswamy yesterday by the tehelka.com lawyers Kavin Gulati and Siddharth Dave at around 3 p.m. at the commission’s Vigyan Bhavan office. All 105 original Hi-8 tapes, which were secretly filmed by Tehelka editor (investigations) Aniruddha Bahal and special correspondent Mathew Samuel to expose the “corruption in the Indian defence”, and their VHS (very high speed) copies were handed over to Justice Venkataswamy in two suitcases. The company has also handed over to the commission six volumes of the transcripts of the tapes. The lawyers also filed the statements of tehelka.com CEO and editor-in-chief Tarun J.Tejpal and Bahal under rule 5(2) (a) of the Commission of Inquiry (Central) Rules, 1972. They also filed the necessary affidavits. |
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Scholarship offer
for scribes New Delhi, May 15 The value of each scholarship, in memory of the veteran journalist, is Rs 60,000 per annum, a press note from the trust said, adding that while one scholarship was sponsored by the K.C. Mahindra Foundation, the other two were by Sir Dorabji Tata Trust.
PTI
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