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Saturday,
January 19, 2002, Chandigarh, India  
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HC strikes down Delhi rent Act provisions Appeals against Jaya’s acquittal adjourned Gen Padmanabhan assures nation
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R-Day flypast to be restricted Blasts kill 10 Pak soldiers TADA accused to contest by-election Denied ticket, 2 UP ministers resign Top brass took decisions on ‘disputed structure’ Manu had ‘refused’ to undergo TIP 2 ULFA ultras killed 2 NLFT activists shot
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HC strikes down Delhi rent Act provisions New Delhi, January 18 Describing the provisions of Section 4, 6 and 9 of the Act as “ultra vires”, a Bench comprising Mr Justice Anil Dev Singh and Mr Justice O.P. Dwivedi in a significant judgement said they “do not pass the test of reasonableness.” While Section 6 permits increase of rent of the old properties for the purpose of expenditure, improvement and any structural alteration, Section 4 puts a bar on recovery of any rent excess to the fixed standard rent. Section 9 provides that the standard rent has to be fixed by the Rent Controller. Stating that these provisions were “arbitrary and unfair” to the landlords, the court said they were violative of the Constitution as they “affect landlord’s right to livelihood, right to life and avocation”. The court said due to these deficiencies in the Act, Parliament had passed the Delhi Rent Control (Amendment) Act in 1995, which was sent back to it for reconsideration and is still pending before the legislature. Illustrating relation between increase of rent allowed under Section 6 of the Act and devaluation of rupee since 1939, the court said a house rented out for Rs 100 that year would merely fetch Rs 229 to a landlord in 1998, while the value of rupee had decreased from Rs 38.26 to Rs 2.97 during the same period.
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Appeals against Jaya’s acquittal adjourned New Delhi, January 18 A Bench comprising Justice K. T. Thomas and Justice Doraiswamy Raju adjourned the hearing on the request of counsel for the petitioners. The petitions were filed by Mr R. S. Bharathi and a DMK party functionary and Janata Party President Subramaniyan Swamy, challenging the high court judgment dated December 4 last. The petitioners contended that the high court had erred in holding that the Tansi property was not a government property and the government order dated May 28, 1969 prohibiting ministers from purchasing government property was only a code of conduct without any sanction of law. The petitioners submitted that the high court had failed to appreciate that the Tansi was a fully government-owned corporation and its property belonged to the government. They also submitted that the high court was wrong in holding that the “guideline value” and “market value” of the property were different concepts. It was submitted by them that the high court had failed to appreciate that the main charge against the Jaya Publications, of which the former Chief Minister and her aide Sasikala were partner, had purchased the Tansi property at a much lesser value, causing a loss of Rs 3.50 crore to the state government. The petitioners prayed for an interim stay of the impugned high court judgment as also an interim direction restraining Ms Jayalalithaa from holding any public office till the disposal of the special leave petitions.
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Vasundhara Raje meets Jaya Chennai, January 18 Ms Scindia told waiting reporters at Mr Karunanidhi’s Gopalapuram residence after a 25-minute meeting this evening that no politics was discussed. “Whenever I visit Chennai, I make it a point to call on the respected leaders here,” said the BJP leader, who had earlier held a 45-minute conclave with Ms Jayalalithaa. “I have some work in Chennai as problems in the small-scale industries have to be sorted out,” she added, replying to questions from reporters. When told that her visit this time had led to political speculation, Ms Scindia retorted: “There has always been speculation”. The minister said she had just been to Rameswaram in this state to pour Ganga water on the Jothirlinga there for her late mother, and was on her way back to Delhi.
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Gen Padmanabhan assures nation New Delhi, January 18 “We are
passing though critical days and there is a certain amount of tension in the air. But we must address ourselves to our tasks and should not get deflected by this temporary change in the atmosphere,” Gen Padmanabhan said while addressing the NCC cadets who are here to participate in the Republic Day parade. The Director-General of NCC Lieut-Gen B.K. Bopanna told reporters later that the political tension would not make any difference to this year’s parade and the country’s borders were being “taken care of very well.” Lieut-Gen Bopanna said as 1800 NCC cadets from across the country and 48 cadets from five “friendly countries” participated in the Republic Day camp in the capital. |
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SAD (Mann) protest march against war New Delhi, January 18 A delegation of party workers also presented a memorandum to the President, K.R. Narayanan to convey the message of peace from the people of Punjab. The delegation comprised the party general secretaries, Professor Jagmohan Singh and Gur Jatinder Pal Singh Bhikiwind, President of the SAD, Amritsar unit, Daya Singh Kakkar, President and general secretary of the Delhi unit, J.S. Virk and Gursharan Singh respectively. The memorandum states that Punjab is on the verge of a nuclear catastrophe. While stating that there is massive arms build-up on the Indo-Pakistan border along the area are of Punjab, the party has appealed to the President to take immediate steps as thousands of persons have been displaced. |
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R-Day flypast to be restricted New Delhi, January 18 This has been necessitated due to operational commitments, according to a statement issued by the Ministry of Defence here today. The flypast would be conducted in two phases, one comprising helicopters, at the beginning of the parade, and second, comprising fighter aircraft, at the end of the parade. The first formation consisting four MI-8 helicopters in an inverted-wine glass formation would fly past as the parade commander arrived abeam the saluting dais. The second phase would be at the end of the parade where three SU-30’s would fly in a “Vic” formation, the statement said. The first formation of four MI-8 helicopters would fly past carrying the national flag and the ensigns of the Army, Navy and the Air Force. |
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Blasts kill 10 Pak soldiers Jaisalmer January 18 In the first incident, four mines exploded killing six soldiers and wounding several others in Jharewala and Shaheebwala region in Pakistan in the vicinity of the Nachana region in this
district. Three mines’ explosions occurred near Pakistani outpost Rani, close to border in Sriganganagar, in which four soldiers were killed and three injured, the sources said today.
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TADA accused to contest by-election Mumbai, January 18 Aziz Ahmed Shaikh, facing charges under the TADA Act, urged the court to allow him to visit Uttar Pradesh to file nomination papers as a candidate of the Muslim League. Designated judge P.D. Kode exempted Aziz Ahmed from appearance with effect from January 21 for a week on the condition that he would instruct his lawyer to remain present during the trial. The judge noted that the accused was being allowed as arguments were being advanced by the defence lawyers in the court and his presence was not strictly needed. The reason for seeking exemption was also not illegal, the judge said. However, the court observed that its order should not be construed in a manner as if it had upheld the right of an undertrial to contest the elections. The judge said this was a matter between Aziz Ahmed and the Election Commission.
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Denied ticket, 2 UP ministers resign Lucknow, January 18 Minister of State for Rural Development Rajendra Singh Patel resigned late last night while Minor Irrigation Minister and LJP leader Markandey Chand resigned today after the announcement of the BJP’s list of candidates for Assembly elections in the state. Both ministers were denied ticket under the seat agreement with the BJP as coalition partners. Mr Chand represented Dhuriyapar Assembly seat in Gorakhpur district while Mr Patel represented Bindki seat in Fatepur district. Both were elected to the Assembly on BSP ticket in the 1996 Assembly polls. They later joined the LJP.
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Top brass took decisions on ‘disputed structure’ New Delhi, January 18 Deposing as a witness before the Liberhan Commission, probing the demolition of the disputed structure on December 6, 1992, Roy said “in the context of disputed structure and complex, no decision except the maintenance of the structure was taken at the level of the DM and the SSP and all other relevant decisions were taken by the top officials of state government”. He said that from time to time central government and Intelligence Bureau interacted with the state government in taking the decisions on the security of the RJBMC. “Even the Police Control Room (PCR) which was outside the disputed structure was shifted due to security needs on the advice of central Intelligence Bureau team and other senior officers from the Centre earlier who had visited Ayodhya,” Roy, now who is the working president of the Hindu Mahasabha said. To a pointed question by commission’s counsel Anupam Gupta whether he was sure that the Police Control Room was dismantled and was shifted on advice of the IB, he said “so far as I remember, the recommendation for the removal of the Police Control Room was made before I took over as SSP Faizabad and I read it personally and sent a compliance report”. On his reply, Roy, who had assumed the office of the SSP Faizabad on February 1992, was directed by the commission to place before it the documents containing the recommendation of shifting of the Police Control Room.
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Manu had ‘refused’ to undergo TIP New Delhi, January 18 The statement of this witness would strengthen the prosecution’s argument to establish that the accused were present at the time of the incident at the spot. Deposing before Additional Sessions Judge R.L. Chugh, the magistrate said the police had moved applications for conducting the tip of Manu, Amandeep Gill and Alok Khana in May 1999. The magistrate made them understand about the meaning of the TIP and its result if one refused to undergo the proceeding. “I enquired from the accused if they are prepared to take part in the proceeding and also warned them that their refusal in this
regard will draw adverse inference during the trial of the case,” the magistrate
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2 ULFA ultras killed Guwahati, January 18 The Army launched a combing operation, acting on a tip-off that about 12 extremists, led by self-styled district commander Raktaplawan, had entered Kapaukhowa village in Dibrugarh district. The sources said two militants and a jawan were killed in the encounter which lasted for about an hour. The slain ultras have not been identified so far. Meanwhile, ULFA’s Dhansiri unit Secretary Ghana Gohai and his wife Rashmi Barua surrendered before the Golaghat district authority
yesterday. They also handed over some incriminating documents of the organisation.
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2 NLFT activists shot Agartala, January 18 The two ultras were killed in an encounter with security forces at Killa in South Tripura. Bodies of the slain militants and two China-made grenades were seized from the spot. However, other ultras, engaged in the encounter, managed to escape, the police said. Meanwhile, security forces arrested five militants while three NLFT ultras laid down their arms before the Tripura State Rifles at Santirbazar in South Tripura yesterday. In another incident, two militants were arrested from Sabroom and as many from this capital town. Another rebel was nabbed from North Tripura, the police added.
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