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Tuesday,
October
7, 2003,
Chandigarh, India  
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2 die in police firing
during Durga Puja Removal of
fetters on militant opposed Amarmani’s bail plea rejected |
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Constitution Bench to hear plea on Haryana tax Act
SC enlists Nariman’s help to decide scribes’ appeals
Palms burnt for alleged theft Verbal duel at Vaiko’s trial SC notice to Delhi Govt on Judge’s plea Shiv Sena’s Ayodhya meeting banned Akshardham accused sent to judicial custody
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Dalai Lama under US pressure? New Delhi, October 6 The Dalai Lama, who was recently in the USA, is resisting the pressure and is understood to have rejected Washington’s call for redefining his understanding of the autonomy for his nation. Concerned over reports about an understanding arrived between India and China during Prime Minister Atal Bihari Vajpayee’s July visit to Beijing, the Dalai Lama had also urged the Indian Government to talk to the Chinese leadership for granting “genuine autonomy” for the entire region of Tibet, sources said. The Dalai Lama’s stand on the issue of autonomy has been consistent as is evident from a memorandum that he submitted to former Prime Minister Rajiv Gandhi in 1985 in which he said “The minimum that we must strive for is genuine autonomy for the entire area of Tibet, an autonomy according to the international law and not according to the Chinese version”. The Tibetan spiritual leader is only stressing on the 17 Point Agreement between the People’s Republic of China and “the local government of Tibet” which in his view should be the basis of negotiations. The US decision to nudge the Chinese leadership towards starting a dialogue with the Tibetan leader emerges from the fact that the Bush administration is looking for a breakthrough at the foreign policy front after the realisation that the situation in Iraq is getting worse. The Bush administration is understood to have told the Chinese leadership that the time for initiating talks with the Dalai Lama was now as it may become too late if Beijing continued to drag its feet. During his stay in the USA, the Dalai Lama has also been conveyed that he should remain flexible while talking to China, diplomatic sources said. While the Dalai Lama is ready to be flexible, the Chinese leadership’s rigid attitude is not allowing any progress. |
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2 die in police firing during Durga Puja Ara, October 6 District Magistrate Sanjay Kumar said violence broke out after a few youths of a particular community had a tiff with the puja committee members and later set the puja pandal on fire. The committee members with the help of locals managed to douse the fire with a minor damage. Irked over the burning of the puja pandal, the members of other community set ablaze around 50 shops and over 100 rickhshaws in between the Gopalichak and Subzi Gola areas. To control the situation, the police opened fire killing one person on the spot and injuring another who succumbed to his injuries at Patna Medical College and Hospital (PMCH) this morning. DARBHANGA (Bihar): At least 10 persons, including a police officer, were injured in clashes between two groups during idol immersion procession at Katahalbari
Mohalla, near here, on Sunday night. — PTI, UNI |
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Removal of
fetters on militant opposed New Delhi, October 6 Placing on record the reply to the September 29 application by the Lashkar-e-Toiba (LeT) militant, the Additional Sessions Judge, Mr O.P. Saini, posted the matter to October 15 for arguments. The prosecution brought to the notice of Mr Saini that this was not for the first time that an application seeking removal of fetters had been moved by the accused Pakistani national. Earlier, on three occasions in 2001 — March 24, April 10 and October 19 — the court had rejected similar applications by
Ashfaq. The prosecution has been opposing any leniency in this regard saying there was every likelihood that the accused would try to escape or create some mischief once the fetters were removed. —
UNI |
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Amarmani’s bail plea rejected Lucknow, October 6 Rejecting the bail plea, Special Judicial Magistrate (CBI) R.M. Yadav said the defence plea that the accused could be enlarged on bail owing to his illness was not tenable as no record had been placed before the court to substantiate the argument. Further, the court said the matter was such which could only be decided by the Sessions Court. Earlier, the court had extened Tripathi’s judicial remand till October 20 next. Tripathi was arrested by the CBI, which is probing the case, on September 21 and was remanded in judicial custody till today. Meanwhile, a CBI court today rejected the surrender application moved by Madhumani, wife of Amarmani Tripathi as the investigating agency felt she could have a ‘plausible’ role in the murder. “From the facts and circumstances of the case, a very reasonable suspicion exists about the plausible role of Madhumani in the murder of Madhumita Shukla,” the CBI said in an application moved before the Special Judicial Magistrate (CBI) R.M. Yadav here today. Madhumani had moved a surrender application in the court last week following which the court had directed the CBI to make it clear whether she was wanted in connection with the murder case. The agency, however, said at this stage “a definite conclusion about her role cannot be drawn” but added that she was required to be examined in the light of the evidence, polygraphically tested and for forensic and other psychological assessment. It said Madhumani was not available at her various residences and efforts to contact her had not yet succeeded. The court, after hearing the prosecution and defence lawyers, rejected the surrender application of Madhumani. —
PTI |
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Constitution Bench to hear plea on Haryana tax Act New Delhi, October 6 “We are of the view that the interpretation of Article 301 vis-a-vis compensatory tax should be authoritatively laid down with
certitude by the Constitution Bench,” a Bench comprising Ms Justice Ruma Pal and Mr Justice P V Reddi in an order said. Jindal Strips Ltd and some other companies based in the state, had challenged the Act on the grounds that it was violative of Article 301 and was not saved by Article 304, that it sought to levy tax on inter-state sale of goods, which was outside the competence of the state legislature. The court said since the first ground taken by the companies needed to be decided by the Constitution Bench, the arguments on the second aspect were, therefore, not concluded and would be necessary only if the first issue was decided against them. The court was of the view that the companies had been importing the raw material for their product from outside the state and they were selling the manufactured items in other states, therefore no sales tax would be payable to Haryana Government on “imported” raw material and “exported” finished goods. The definition of the Act, which came into force on May 5, 2000, “provide for levy and collection of tax on the entry into a local area of Haryana, of a motor vehicle for use or sale, and of other goods for use or consumption, therein and matters incidental thereto and connected therewith.” “We do not consider it appropriate to discuss the various provisions of the Act which have been analysed by the parties before us but only highlight the aspects which, in our opinion, are relevant for the purpose of this reference (to the Constitution Bench) under Article 145(3),” the judges said. Since the entire state had been divided into local areas, the Act covered not only the vehicles bringing the goods into the state but also those carrying them from one local area to another, the court observed. As the Act further provided that the tax so collected “shall” be distributed by the state government among the local bodies to be utilised for the development of the local areas, this brought in the applicability of Article 301 of the Constitution, it said. Article 301 provides protection to citizens for free trade in the country. |
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Air Force to get Tejas by 2007 New Delhi, October 6 In an effort to overcome the teething troubles that might arise at the time of induction, the IAF is also setting up a "handling squadron" that will not only carry out the trials but also give it feedback on Tejas for further improvements. At the customary
pre-IAF Day celebration press conference here, the Chief of Air Staff, Air Chief Marshal S.
Krishnaswamy, said today the Air Force was committed to Tejas and it was a first rate aircraft worthy of exporting to friendly countries. He said he was also hopeful that by the end of the year, papers for finalising the Hawk Advanced Jet Trainer (AJT) deal would also be ready. The IAF will be celebrating its 71st anniversary on October 8. The air chief said the flying qualities of Tejas were far superior to some of the combat aircrafts available now and together with the Advanced Light Helicopter (ALH) and Light Combat Helicopter (LCH), it would put India in a league far different from the others. "Several Air Chiefs I met at the Global Air Commanders' Conference recently expressed interest in the LCA," he said. However, he said all this depended on increasing production capabilities to the point where the domestic industry must meet the needs of the IAF and have a surplus to sell. He, however, added that Tejas, which would eventually replace MiG-21s, would be inducted into the IAF in a phased manner, as all its indigenous components would be ready for incorporation only by 2007. Although the Kaveri engine for Tejas had undergone successful tests in Russia and even at high altitudes here, it would not be available for the intial batches of Tejas. Similarly the indigenous radar would also not be available. Initially not only would an interim engine be used, but also an interim radar would be put in place for the trials. Talking of a possible Aerospace Command being set up, the Chief of Air Staff said the space applications of the future would get more and more militarised with even the satellite-based weapons coming into use. Although he was not able to give a time frame for making an aerospace command operational, he said the concept was being worked upon. He was also happy with the operational capability of the newly set up Strategic Forces Command, which was recently brought under the control of the IAF. Meanwhile, the IAF is also looking at inducting at least 17 types of simulators for training its pilots. The air chief said while an AN-32 simulator had already been inducted, final clearnce had been received for the other simulators. These would include equipment for upgrading the air combat simulator for the Jaguar, MiG-27 and Kiran jets. The IAF is also working on a complex simulator for the IL-76 transport aircraft. He stressed the need for enhancing indigenous capabilities in aircraft manufacturing and said the issue of private participation in the aeronautical industry must be viewed seriously. "We must let the private sector come in and work to increase our production to the point that we become an exporter," he said. |
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SC enlists Nariman’s help to decide scribes’ appeals New Delhi, October 6 Services of Mr Nariman were sought by a Bench comprising Chief Justice V.N. Khare, Mr Justice S B Sinha and Mr Justice A R Lakshmanan after senior advocate Anil Dewan, appearing for the journalists, said that the high court was currently hearing arguments on framing of charges against the journalists. “We want to put an end to this matter,” the Chief Justice observed while seeking assistance of Mr Nariman, an eminent constitution lawyer and a Rajya Sabha MP. The court, which had earlier heard arguments twice in the matter, adjourned further hearing for four weeks with the direction that all procedural formalities regarding filing of papers be completed by the parties concerned. The Karnataka High Court had issued notices to the journalists, which included senior editorial board members of some leading dailies published from the state, holding that “prima facie” a case for contempt of court was made out against them. The Supreme Court had earlier rejected a public interest litigation (PIL) petition seeking to make its inquiry report against the high court judges public, saying it was only a discrete internal inquiry ordered by the Chief Justice for his own convienence to find out the actual postition. The three-Judge inquiry committee is understood to have given a clean chit to the Karnatka High Court judges whose names were linked to the alleged sex scandal in the media reports. |
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Palms burnt for alleged theft Madurai, October 6 The police, which registered a case yesterday, said the village panchayat asked Vembu and Chandra to prove their innocence after one Venkattan and his wife alleged that the girls were involved in the theft of Rs 600 from their house. The village panchayat rejected the girls’contention that they had not stolen the money and directed the girls to immerse their hands in a pot containing burning oil. However, after loud protests from the girls’ parents, the panchayat dropped the verdict. Then the panchayat forced the girls to hold burning camphor cubes, even as the girls wailed and wept inconsolably in pain. The girls were asked to say “we did not steal the money” as the camphor was burning. The incident was brought to the notice of Perambalur Union Commissioner Asan Muhamed. The Commissioner rushed the girls to Government Hospital for treatment. Meanwhile, the police has arrested Venkattan. It is looking out for the priest of the temple and other panchayat members who gave the cruel punishment to the girls. |
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Verbal duel at Vaiko’s trial Chennai, October 6 The spat led to a minor commotion in the court hall at Poonamallee, about 30 km from here, when Judge L. Rajendran asked special public prosecutor to advise his witness to apply his mind while answering questions. Mr Vaiko and eight others were arrested under the anti-terror Act for addressing a public meeting at Tirumangalam near Madurai in support of the banned LTTE. When a prosecution witness, the then Sub-Inspector (SI) of Tirumangalam, was cross-examined for the seventh day by senior defence counsel the witness admitted that Mr Vaiko had only repeated what he spoke in Parliament during the debate on Gujarat incidents. To a question, he said the MDMK leader spoke in the manner of justifying what he had stated in Parliament — ‘’I was a supporter of the LTTE yesterday, I am a supporter of the LTTE today and I will be a supporter of the LTTE tomorrow.’’ The defence counsel told the judge that he had not received a ‘’proper reply’’ to his question and asked the witness to specify on which debate Mr Vaiko had spoken about at the meeting. Apparently irritated, the SI said Mr Vaiko had spoken about 1,000 debates at the meeting and wanted to know which debate the defence counsel was referring to. This drew instant protest from the defence counsel, who wanted the court to record the remarks made by the witness, Mr Vaiko too stood up and requested the judge to record it. —
UNI |
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SC notice to Delhi Govt on Judge’s plea New Delhi, October 6 A Bench comprising Chief Justice V. N. Khare, Mr Justice S B Sinha and Mr Justice A. R. Lakshmanan sought reply from the Delhi Government and the high court Registrar to the petition filed by the ASJ, Mr S. N. Dhingra. Mr Dhingra, who had heard several important cases as a special POTA and TADA judge, including the Parliament attack case, had alleged that the high court had passed “severe strictures” against him even without summoning the records from the trial court. The strictures were passed by Mr Justice J. D. Kapoor while hearing an appeal against Mr Dhingra’s order imposing a cost of Rs 15,000 on a person facing trial in a cheque bouncing case before him for allegedly concealing the actual amount involved in three dishonoured cheques. Mr Dhingra in his petition said though three complaints were filed against the accused for dishonouring cheques for Rs 10 lakh each, he did not bring any evidence to show that the actual amount involved was Rs 30 lakh and sought adjournment by concealing this fact. The high court judge had also directed that his order be circulated among all judicial officers of subordinate courts, Mr Dhingra said, adding that this had “tarnished” his image. |
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Shiv Sena’s Ayodhya meeting banned Lucknow, October 6 District Magistrate Deepak Kumar told UNI over telephone from Faizabad that the Shiv Sena would not be permitted to hold its meeting at Ram Katha Park allotted to them earlier. However, the official refused to comment on the proposed Vishwa Hindu Parishad (VHP)-sponsored rally and ‘darshan’ at Ayodhya on October 17. Earlier, Chief Secretary A P Singh and Zonal Inspector-General of Police V.N. Rai had visited Ayodhya last month in view of the Sena and VHP programmes relating to the Ayodhya movement. Meanwhile, Sena’s state chief Vijay Tiwari criticised Chief Minister Mulayam Singh Yadav and the authorities for not permitting them to hold the "peaceful" meeting of Ram bhakts at Ayodhya. Claiming the decision as arbitrary on part of the Samajwadi Party-led government, he said the Chief Minister was once again adopting the same attitude as in 1990 towards the Ram bhakts. Denying the charge that the sainiks had announced the programme against the state government, Mr Vijay Tiwari said that the date of the meeting was announced on June 29 when Ms Mayawati was the Chief Minister. Mr Vijay Tiwari said that the authorities were also likely to ban the Vishva Hindu Parishad’s October 17 programme as also prevent entry of the Ram bhakts into Ayodhya from October 12. —
UNI |
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Akshardham accused sent to judicial custody Ahmedabad, October 6 Chand Khan, son of Mr Sajjad Khan, had been arrested in Srinagar on September 10 from where he was brought to Ahmedabad on September 12. His 18-day police remand which ended on September 30 was extended till October 6. He was today produced by the city crime branch of the police in the special POTA court of Additional Sessions Judge Sonia Gokani. The police told the court that no further remand of the accused was necessary following which the court sent him to judicial custody. —
UNI |
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