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Tuesday,
September 2, 2003, Chandigarh, India  
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SC
reserves verdict on Godhra accused bail SC clubs Best Bakery PILs Tehri dam complied with norms, says SC Lakhs take
holy dip at Nashik Kumbh
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BJP flays
Muslim board’s move on ASI report HC refuses to stay ASI order on Bhojshala Kalyan
moves HC against summoning by Liberhan panel Pay channels go off air in Chennai 7 held
for throwing bomb at Indian consulate Chima
takes over as DG of Air Defence Artillery
Council
reviews nuclear programme Civilian battalions to be set up No move
to shelve aircraft acquisition
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SC reserves verdict on Godhra accused bail New Delhi, September 1 The four accused — Abdul Gaffar Sheikh, Mohammed Hussain Abdull Rahim Kalota, Siraj Abdullah Jasma and Mohammed Abdul Sattar, were granted bail by a single Judge of Gujarat High Court, which the state government challenged on the ground that the High Court had no jurisdiction to entertain a bail plea under its original jurisdiction. The state government told a Bench comprising Mr Justice S. Rajendra Babu and Mr Justice G.P. Mathur that there were sufficient evidence against them to show their involvement in the burning of Sabarmati Express, resulting in the death of 57 persons and serious injuries to several others. Senior advocate Harish Salve, appearing for the Central Government and Gujarat Government counsel Sushil Kumar said under POTA the High Court had only power to hear appeals not entertain bail petition invoking its original jurisdiction. However, accused persons’ counsel Amrendera Sharan said when the bail applications were filed by the accused in the High Court, POTA was not invoked against them. It was slapped during the pendency of the petitions. He also contended that High Court had inherent power to intervene in the matter and this power had not been taken away under POTA. While the counsel for the accused claimed that there was no evidence to show that they were present in a mob of about 900 persons that allegedly had burnt a
bogey of the train and were roped in on the “sole” statement of a VHP leader, Gujarat Government counsel said there was enough proof that they were the main conspirators. It was because of this reason, their bail petitions were rejected by a Special Court, which they challenged in the High Court, he said, adding the trial court had held that if they were let free, they would “influence” witnesses. “Since the state government does not want to create another Best Bakery case, the bail granted to them by the High Court should be cancelled,” Sushil Kumar said. The single Judge’s order had been stayed by the court earlier. |
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SC clubs Best Bakery PILs New Delhi, September 1 “We are seized of the matter, the petition (by Zahira) be listed with the other (filed by the NHRC),” a Bench comprising Chief Justice Mr V N Khare, Mr Justice Ashok Bhan and Mr Justice S B Sinha ordered after a brief hearing. Zahira, the main complainant and eye witness to the Best Bakery carnage in which 14 persons were killed, including seven of her relatives, in a writ petition had
alleged that she was forced to change her statement before the fast track court at Vadodhra by ‘certain’ persons holding threat to her and her family. The fast track court had acquitted all 21 accused in the case earlier after which the NHRC and various other human rights organisations had condemned the Gujarat Government and its investigating agencies for ‘shoddy’ investigation in the case and not pursuing it honestly. The NHRC, on the other hand, had in its petition earlier submitted that Zahira “had named certain persons who were responsible for her
resoling from her earlier statement”. However, neither the NHRC nor Zahira had disclosed the names of those persons in their petitions. The court had on August 8 issued notices to the Centre and the Gujarat Government on the NHRC petition, seeking their replies. But it had then kept Zahira’s petition pending with the direction that it should be listed later. The Union and Gujarat Governments were earlier given two weeks’ time to submit their replies. When the Bench today reminded them that the two weeks were over, counsel for Gujarat Government said it would be filed in the registry during the course of the day. The court had also sought from the state government the copy of its appeal before the Gujarat High Court, challenging the acquittal of the accused persons in the case. |
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Tehri dam complied with norms, says SC New Delhi, September 1 A three-Judge Bench comprising Mr Justice S. Rajendra Babu, Mr Justice
D.M. Dharmadhikari and Mr Justice G.P. Mathur by a 2:1 majority verdict said petitioner N.D. Jayal had not established nor placed any material to show that the project work was carried out without complying with the environment norms and guidelines. Mr Justice Babu and Mr Justice Mathur, giving the majority verdict, said the work at the project site was being carried out under the supervision of a monitoring committee. However, the Bench said tunnels number one and two of the project should not be closed and no further impounding of water be carried out till the rehabilitation work was completed.
— PTI |
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Lakhs take holy dip at Nashik Kumbh Nashik, September 1 The third royal bath of “Simahastha” 2003, on the auspicious day of “Vrishi Panchmi” passed off peacefully, the authorities said. The mahants of the Nirmohi Akhada were the first to take the holy dip at 8 am followed by Digambar and Nirvana Akhadas, besides Warkari Sampaday. Sadhus and mahants of various akhadas reached Ramkund in decorated cars. The royal procession included horses, camels and elephants with the mahants carrying golden idols of deities, traditional flags and spears with silver rods. Elaborate security arrangements were made and separate entry and exit points fixed to avoid confusion after last week’s stampede. As many as 9,000 police personnel, including three companies of State Reserve Police Force, were deployed and barricades were put up at important points. Pilgrims from all over the country started taking the dip from 11 am onwards at Hankunda and Ranghat. The final ‘snan’ would be held at Trimbakeshwar on September 7.
— PTI |
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BJP flays Muslim board’s move on ASI report New Delhi, September 1 “The decision of the board to challenge the ASI report on Ayodhya excavation is not only unfortunate but also deplorable. The board, instead of challenging the report, should accept the historical truth that there was a temple before the Mughal aggression,” party’s additional spokesman Prakash Javadekar told newspersons here. He said the board should understand that it was not a report by any vested interest, but the scientific outcome of excavation carried out by experts on a judicial order. Mr Javadekar said a member of the Sunni Central Board of Waqfs was always present while the excavation was on and every artefact found had been packed separately and signed by him. “The disapproval of such a scientific report shows AIMPLB’s lack of confidence in the judicial process and is a clear indication that it is ready to accept court verdict only if it favours them, Mr Javadekar said, adding that “this was their attitude in Shah Banu case also.” |
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HC refuses to stay ASI order on Bhojshala New Delhi, September 1 Mr Justice S.K. Mahajan refused to stay the April 7 order of the ASI after Centre’s counsel
N.K. Pandey informed the court that a similar petition was pending in the Madhya Pradesh High Court at
Jabalpur. The court, which also declined to issue notices to the
Centre, the ASI and the State of Madhya Pradesh, asked Mr Pandey to produce a copy of the Centre’s reply filed in the Madhya Pradesh High Court and posted the matter for hearing on September 12. Petitioners Qazi
Mounuddin, Altaf Mohammad, Kazi Zhirudddin, Rayaz Khan and Anaver of Dhar in Madhya Pradesh had urged the court to quash the ASI order allowing Hindus to offer prayers at the shrine every Tuesday from sunrise to sunset.
— PTI |
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Kalyan moves HC against summoning by Liberhan panel New Delhi, September 1 Mr Justice Badar Durez Ahmed, issued notices to the Centre, the Liberhan Commission and the UP Government on the Kalyan Singh’s petition, directing them to file replies by September 5 when the matter would be taken up for arguments. The commission had directed Kalyan Singh to appear before it tomorrow. Mr Kalyan Singh, who had been sacked from the BJP for anti-party activities about three years ago and now has joined hands with the opposition, had a few months ago accused Prime Minister Atal Bihari Vajpayee, Deputy Prime Minister L.K. Advani, Union Minister Murli Manohar Joshi and other top Sangh Parivar leaders of conspiring to demolish the mosque. Following his public statements accusing these leaders, two applications were moved before the commission, seeking his summoning to depose as a witness. Challenging the commission’s order, advocate Ajay K. Agrawal, appearing for the former Chief Minister, told the court that Mr Kalyan Singh was an accused in the Babri Masjid demolition case and any statement given by him before the panel would “prejudice” his trial. “The evidence given by him in the commission proceedings will prejudice him in his criminal case. He cannot effectively cross-examine the witnesses in the trial court as they may come prepared being tutored by their counsel in view of his statement before the panel,” Mr Kalyan Singh said. Terming the commission’s order as “unfair” to him, he said he could not be forced to depose before it as he had protection under the law from disclosing his defence in a criminal case in any other forum than the trial court. He also challenged the order on the ground that it was passed after the panel had closed recording of the evidence of witnesses. |
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Pay channels go off air in Chennai
Chennai, September 1 “Everything is in the hands of the Chief Minister. If she wants, it (CAS) can be implemented. If she says no, it cannot be enforced in the city”, association president Kayal Illavarasu said. The association, he said, would also send a letter to Ms Jayalalithaa, pleading with her to reduce the 21 per cent sales tax on set-top boxes, as a result of which the cost of each box would be reduced by about Rs 600. A telegram would also be sent to the Information and Broadcasting ministry, explaining the confusion prevailing in the minds of subscribers as well as cable operators, he said. |
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7 held for throwing bomb at Indian consulate
New Delhi, September 1 “There was no damage or casualties”, External Affairs Ministry spokesman said to a question on Saturday’s incident. He said at approximately 8 p.m., an individual travelling on top of the leading mini truck of a two-truck convoy lobbed the explosive. “Those involved have been apprehended by the Afghan security forces,” he said adding “we await the results of their interrogation”. Official sources said seven persons have been apprehended and investigations were underway. The sources said no one was hurt and there was no damage to the consulate which was “functioning normally”. The consulate is at present headed by Consul General R. Tandon. The sources said there have been persistent intelligence reports about ISI plans to derail the security of Indian consulates in Jalalabad and Kandahar.
— PTI |
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Chima takes over as DG of Air Defence Artillery New Delhi, September
1 An alumnus of National Defence Academy, the General was commissioned into the Regiment of Artillery in August, 1964. During his illustrious career, he has held a number of important command and staff appointments, including commands of an Air Defence Regiment, Brigade in Armoured Division and a Missile Group in a Strike Corps. He was MGGS (Training) at Army Training Command,
Shimla, before assuming the present appointment. |
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Council
reviews nuclear programme New Delhi, September 1 The Political Council, which met for the first time eight months after it was constituted under the chairmanship of Prime Minister Atal Bihari Vajpayee, not only reviewed the readiness of the strategic forces but also took decisions for further development and management of the country’s nuclear programme. Although officials termed the meeting as ‘routine’ yet reports suggested that the council considered various recommendations of the Executive Council of the Nuclear Command Authority. However, there was no official comment available on the various decisions taken. The two-hour meeting was attended by Deputy Prime Minister L.K. Advani, Defence Minister George Fernandes, Finance Minister Jaswant Singh and National Security Adviser Brajesh Mishra. The council, constituted on January 4 this year, has among others Commander of Strategic Forces Air Marshal T.M. Asthana as its key advisers. Incidentally, the Executive Council of the Nuclear Command Authority has been meeting regularly and there has been a constant interaction between members of the council. It is headed by the National Security Adviser and gives inputs to the Political Council, which has the authority to order a nuclear strike, if necessary. The Cabinet Committee on Security, while constituting the Executive Council, had said that it would provide the “inputs for decision-making by the Nuclear Command Authority and would execute the directives given to it by the Political Council”. Sources said besides taking stock of the readiness of the strategic forces, the Political Council also reviewed the various measures which had been undertaken by the Army, the Navy and the Air Force to maintain a certain level of coordination between them while being under the Strategic Forces Command. Briefing the Political Council, Air Marshal Asthana apparently put forward the details regarding the forces’ preparedness, intelligence inputs and further requirements for improving the preparedness, the sources said. The Political Council apparently took into account the various inputs provided by the Defence Intelligence. The agency has provided specific inputs regarding the recent decision taken by the Pakistani military establishment to revive some of its ‘intelligence assets’ within India, Bangladesh and Nepal with a basic purpose of carrying out further subversive activities within the country. The sources said the Strategic Forces Command was presently also engaged in studying the redeployment of its assets and new acquisitions. There is great expectation, specially for acquiring the TU-22 long-range bombers from Russia. However, the acquisition has been stuck over the fact that the Russians have tied the selling of the TU-22 bombers to the purchase of aircraft carrier Admiral Gorshkov. The latter’s acquisition is on the other hand stuck on the price being demanded by Russia and that being offered by India. The Political Council was also briefed about the progress in India’s the missile development and deployment. India is in the process of inducting Agni-I and Agni-II and on the path of developing Agni-III. The council also took into consideration Pakistan’s nuclear preparedness and stressed on India maintaining its “no-first-strike policy”. |
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Civilian battalions to be set up
New Delhi, September 1 He also announced that a model legislation relating to disaster management at the state level would be sent to all the states so that they can pass these in their Assemblies. He said the definition of disaster had now been amplified to include terrorist activities and states must gear up to meet these threats, particularly since terrorists had spread their wings from just Jammu and Kashmir and the northeast to the rest of the country. Launching the India Disaster Resource Network website (idrn.gov.in) and teleconferencing facility established by the Home Ministry with the help of the United Nations Development Programme under the Disaster Risk Management Programme, Mr Advani said the focus of disaster management had shifted from the agriculture to the Home Ministry primarily because of terrorist activity, particularly after the September 11 attacks in the USA. |
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No move to shelve aircraft acquisition New Delhi, September 1 They said the committee had actually projected positive returns through the proposed fleet-acquisition plan. The officials said reports regarding the committee projecting the losses were not correct. Air-India’s proposal to buy 35 aircraft at a cost of Rs 100 billion has been surrounded with speculation, with two of the leading aircraft manufacturers — US-based Boeing and European consortium Airbus — locked in a tussle for the huge contract. In the largest-ever fleet expansion exercise in its history, Air-India is seeking to purchase 18 small-capacity short-range aircraft and 17 planes for long flights to replace its old planes. Air-India’s evaluation committee had shortlisted both Boeing 737-800 and Airbus 320-200 for the 18 smaller planes with 150 seats in two-class configuration. But some reports suggested that the Boeing had edged ahead in the race after the bids submitted by the two companies were scrutinised. |
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In video (
Removing legal hurdles for the ongoing construction of the controversial Tehri hydel dam project in
Uttaranchal, the Supreme Court said today that there was no material on record to show that statutory environmental conditions had not been complied with.
Lieut-Gen Charanjit Singh Chima today took over as Director-General of Air Defence Artillery (ADA) at Army Headquarters here.