Saturday, October 18, 2003, Chandigarh, India






THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

SC seeks judges’ names from Haryana for probe panel
New Delhi, October 17
The Supreme Court today sought names of retired High Court judges from the Haryana Government for heading a judicial commission it had proposed to set up to inquire into the controversy about preparing two selection lists for appointing primary school teachers in 2000.

SC allows Gujarat to proceed with Best Bakery case appeal
New Delhi, October 17
The Supreme Court today allowed the Modi government to go ahead with its amended appeal before the Gujarat High Court in the Best Bakery case after ensuring that the state had taken all corrective steps and sought details from it about the status of nine other riot cases, the transfer of which outside the state was sought by the National Human Rights Commission.

Mumbai scribe gets protection
Mumbai, October 17
The Bombay High Court today ordered the local police to provide protection to a journalist who has filed a writ petition alleging a nexus between senior Mumbai police officials and the mafia.

Three of the six women, who were arrested in connection with flesh trade from a hotel in Delhi, try to cover their faces at the Chanakyapuri police station in New Delhi on Friday.  Three of the six women, who were arrested in connection with flesh trade from a hotel in Delhi, try to cover their faces at the Chanakyapuri police station in New Delhi on Friday. 
— PTI

Bill sought on right to strike
New Delhi, October 17
The right to strike is a basic human right that cannot be taken away by any force, observed representatives of various political parties and demanded a legislation in Parliament to safeguard it.





A plane flies over New Delhi with the moon in the background.
A plane flies over New Delhi with the moon in the background.
— Reuters

EARLIER STORIES
 
The United Liberation Front of Assam (ULFA) and National Democratic Front of Bodoland (NDFA) militants take oath to shun violence during a surrender ceremony at Tamulpur near Guwahati. 
The United Liberation Front of Assam (ULFA) and National Democratic Front of Bodoland (NDFA) militants take oath to shun violence during a surrender ceremony at Tamulpur near Guwahati. 

Andhra Pradesh Chief Minister Chandrababu Naidu at the lord Venkateswara temple in Tirumala. — PTI photo
Andhra Pradesh Chief Minister Chandrababu Naidu at the lord Venkateswara temple in Tirumala. — PTI photo

Kalam leaves on foreign tour today
New Delhi, October 17
President A.P.J. Abdul Kalam would leave tomorrow for his first-ever foreign tour, which will take him to three countries in as many continents, a foreign office spokesman here told reporters today.

No Hindi film in race for awards
New Delhi, October 17
Bollywood churns out blockbusters with conveyor-belt regularity, despite the fact that most of these oversized giants bite dust with similar
clock-work precision. Despite failures which are costly to the extent of crores, nobody thinks of making small, meaningful films. The standard excuse is that the public does not accept them. Pray, does it accept the mega-budget multi-starrers?

Liberhan summons to Kalyan stayed
New Delhi, October 17

The Delhi High Court today stayed till November 7 the appearance of former Uttar Pradesh Chief Minister Kalyan Singh before the Liberhan Commission of Inquiry, probing the December 1992 Babri Masjid demolition at Ayodhya.

India insists on UN banner for troops
New Delhi, October 17
India would commit troops to peace-keeping missions only under the United Nations banner and not under the command of forces of any other country or group of countries, Lieut-Gen S.S. Chahal said today.

Notice to Tamil Nadu Govt on atrocities on Dalit woman
New Delhi, October 17
The National Human Rights Commission has issued notices to the Tamil Nadu and Madhya Pradesh governments on atrocities committed on a Dalit woman and an accused, respectively.

BJP reviews poll preparation
New Delhi, October 17
The BJP high command today held discussions on election preparedness of the party for the elections to be held in five states later this year and also discussed the selection process of party candidates in the coming Assembly elections.

Video

People of Kolkata praise Mother Teresa.
(28k, 56k)

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SC seeks Judges’ names from Haryana for probe panel
Our Legal Correspondent

New Delhi, October 17
The Supreme Court today sought names of retired High Court judges from the Haryana Government for heading a judicial commission it had proposed to set up to inquire into the controversy about preparing two selection lists for appointing primary school teachers in 2000.

A Bench comprising Mr Justice R C Lahoti and Mr Justice Ashok Bhan also directed Haryana’s Advocate General Surya Kant Sharma and standing counsel Neeraj Jain to furnish the information by November 3 about the officers who would be available to be the members of a Special Investigating Team (SIT) to assist the proposed judicial commission.

The court also gave liberty to those candidates, whose names figured in the ‘second list’, to apply for the fresh 3600 posts, advertised by the Haryana Government for fresh appointment of teachers on September 19.

Though the last date for submission of the applications had expired, the court extended it for such candidates till October 31.

The then Director of Primary Education, Mr Sanjiv Kumar, at present under suspension, had alleged that the ‘second list’ was prepared at the behest of Chief Minister Om Prakash Chautala to accommodate his own candidates when 3,206 primary schoolteachers were to be appointed in 2000.

Since he had refused to oblige the Chief Minister, he was being ‘victimised’ by registering ‘false’ cases of corruption against him, Sanjiv Kumar, an IAS officer, alleged.

After Sanjiv Kumar had filed a petition for a CBI inquiry into the alleged attempt by the Chief Minister to tamper with the selection list, several candidates had also approached the court claiming that the ‘second list’ was in fact the genuine one.

They had pleaded with the court to order the implementation of the second list claiming that their names figured in it. Many candidates had alleged that they had paid money for getting their names in the list, which was collected by certain politicians close to the Chief Minister.

The government and Mr Chautala, who had also been served notice by the Court, had taken a stand that no second list was ever prepared. They had tried to put the blame on Sanjiv Kumar that if any such list existed, it might have been prepared by him.

Senior advocate Harish Salve, arguing on behalf of the Haryana Government, had said the state was ready to set up a commission under a retired High Court judge to inquire into the matter.

However, Sanjiv Kumar today reiterated his request for the CBI inquiry contending that he and his family had been ‘constantly harassed’ for refusing to bow to the wrong order of the Chief Minister.

‘‘My and my family is systematically being harassed because of my attempt to expose those involved. I have even been declared as an absconder by the state government in a newspaper advertisement even when I had approached the court,’’ he said.

Taking exception to this, the court allowed the officer to move an application by next date detailing all his grievances.

The court also inquired from the government counsel why the officer’s request for placing him on deputation with the Centre, was being denied.

‘‘I should be brought out from the clutches of these people. No officer would demand a CBI inquiry against himself,’’ Mr Sanjiv Kumar pleaded. 
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SC allows Gujarat to proceed with Best Bakery case appeal
Our Legal Correspondent

New Delhi, October 17
The Supreme Court today allowed the Modi government to go ahead with its amended appeal before the Gujarat High Court in the Best Bakery case after ensuring that the state had taken all corrective steps and sought details from it about the status of nine other riot cases, the transfer of which outside the state was sought by the National Human Rights Commission (NHRC).

A three-Judge Bench, headed by Chief Justice Mr V.N. Khare, kept at hold the NHRC’s petition also seeking the transfer, reinvestigation and retrial of the Best Bakery case till the appeal is decided by the high court, which has been directed to dispose of the matter expeditiously.

The Bench, having Mr Justice S.B. Sinha and Mr Justice A.R. Lakshmanan as the other Judges, also sought details from the state government on affidavit within four weeks about the nine cases as well as the acquittal of accused in three other cases relating to the massacare of 157 persons during the riots.

Regarding the nine cases, the court also demanded from the state government copies of the FIRs, chargesheets, list of the accused and witnesses and the lawyers to be appointed as public prosecutors.

These cases related to the Godhra train-burning incident and the massacres at the Gulbarga Society, Naroda Patia, Sadarpura, Mehsana and Kidiad.

The acquittal of the accused in the three cases pertaining to the massacare of 157 persons in two incidents, was brought before the court today in an affidavit by an NGO, Citizens for Justice and Peace (CJP), which said though the trial court order had come in October last year, the Gujarat government had not yet filed any appeal before high court.

Brushing aside the objections raised by senior advocate K.T.S. Tulsi on behalf of 21 accused persons in the Best Bakery case about appointment of amicus curiae and the right of the NHRC to intervene in the matter, the Chief Justice said there was nothing wrong in it.

The court said it had taken cognizance of the NHRC plea in a very special circumstances in the interest of justice and to ensure fair trial.

“It is not a criminal case before us. We want that the state government should proceed in accordance with the law,” the Bench said, adding that it had not said anything on merits of the case but only asked the state government to amend the grounds of its appeal before the high court, which was scheduled to commence hearing from December 1.

Earlier, senior advocate Harish Salve, who has been appointed amicus curiae to assist the Gujarat government in adjudicating the appeal, said since the trial court had said wrong persons were made accused in the Best Bakery case, the state government should pray for fresh probe before the high court.

When Tulsi raised objection to issuing any direction by the apex court contending that it would “greatly prejudice” the accused persons, who also had a right to be heard and fair trial, the court said it would not issue any direction.

“We have not expressed any opinion on merits of the case and not made any observation in this regard. Any observation, even if made, would not come in the way of the high court deciding the appeal,” the Bench said.Top

 

Media reports correct, rules SC
Our Legal Correspondent

New Delhi, October 17
The Supreme Court today brushed aside the allegations by the counsel for the Gujarat Government and the 21 accused in the Best Bakery case against the media about wrong reporting of its proceedings on the National Human Rights Commission (NHRC) regarding injustice to the riot victims.

“I have not found anything which has been in inappropriately quoted to us. I have not found anything wrong being printed,” Chief Justice V.N. Khare said.

The issue was raised by Gujarat Government counsel P.C. Mishra and accused’s counsel K.T.S. Tulsi during the hearing of the NHRC petition on the Best Bakery case and nine other riot cases before a Bench comprising the Chief Justice, Mr Justice S.B. Sinha and Mr Justice A.R. Lakshmanan.

While Mr Mishra alleged that the media had put words to the mouth of the court which had caused embarrassment to the state government, Mr Tulsi said any observations, if not reported correctly would cause great prejudice to the accused.

“I have not found anything that has been put to my mouth,” the Chief Justice said, adding, “By and large, I have found nothing wrong in the media reports.”

The court had earlier admonished the Gujarat Government after it had gone through its draft of the appeal in the Best Bakery case by describing it as an eyewash.

The court had also reminded the government of its raj dharma to ensure protection to every citizen.Top

 

Mumbai scribe gets protection
Our Correspondent

Mumbai, October 17
The Bombay High Court today ordered the local police to provide protection to a journalist who has filed a writ petition alleging a nexus between senior Mumbai police officials and the mafia.

Hearing a petition filed by journalist Ketan Tirodkar, Justice Ranjana Desai and Justics P.V. Kakade of the High Court ordered that the petitioner be provided protection till October 20 when his petition is scheduled to be taken up.

The court also allowed the petitioner to move the Vacation Bench to obtain the police protection after that date.

There was high drama in the courtroom when public prosecutor F.R. Shaikh submitted that the petitioner was an alleged member of Dawood Ibrahim gang. The prosecutor also submitted that the police would file an affidavit to substantiate its claim and reply to his allegations.

Mr Amin Solkar, counsel for the journalist, said his client had been receiving threats after he filed a complaint alleging links between senior officials of the police with the Chhota Shakeel gang.

On Thursday, when his petition was admitted, Tirodkar told the court that a senior police official known as an `encounter specialist’ for his role in killing gangsters in encounters had links with the mafia. The journalist further added that people like himself often acted as intermediaries between the cops and the underworld.

In his petition, the journalist who used to work for a Mumbai evening newspaper before quitting full-time journalism, said he helped gangsters like Shakeel engineer encounters and extort money from businessmen with the help of corrupt policemen.

Tirodkar told the court that a detailed letter written to Mumbai police Commissioner Ranjit Sharma did not get him any response forcing him to move the court.
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Bill sought on right to strike
Tribune News Service

New Delhi, October 17
The right to strike is a basic human right that cannot be taken away by any force, observed representatives of various political parties and demanded a legislation in Parliament to safeguard it.

“As for the right to strike, it is a Constitutional right though not embedded in it. It is in the spirit of the Constitution. In a democratic country, hence this right is supreme,” Janata Dal leader and former Union Finance Minister Madhu Dandavate said at a seminar on “Workers and the right to strike” here last evening.

Addressing the seminar, which was organised by the Indian Society for Labour Economics and the Institute for Human development. Congress spokesperson Jaipal Reddy, while deliberating on the recent strike by the Tamil Nadu Government employees and the Supreme Court verdict on it, said the court had only gently persuaded the Tamil Nadu government to reinstate the employees.

Referring to the Supreme Court’s direction of settling all matters in tribunals, he said, “But where are the tribunals? Some are even headless.”

Reacting to National Executive member of the BJP and member of the Prime Minister’s Economic Advisory Council Jagdish Shettigar’s remarks of keeping in mind the social and economic situation of the present time while calling for strikes, Mr Reddy said he was puzzled over the connection between economics and strike.

CPM Politburo member Sitaram Yechury, also referring to Mr Shettigar’s statement, said there was a neo-liberal agenda, the agenda of liberalisation, behind the recent developments. He also opined that the strikes were for social change and progress and could not be banned in a democratic country like India.

Strikes and demonstrations were “a democracy’s hard fought for weapons against oppression and no one could ever wish away such a right,” Mr Yechury said. 
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Kalam leaves on foreign tour today
Tribune News Service

New Delhi, October 17
President A.P.J. Abdul Kalam would leave tomorrow for his first-ever foreign tour, which will take him to three countries in as many continents, a foreign office spokesman here told reporters today.

The President would be in the UAE till October 20. This is the first visit by an Indian President to the UAE after a gap of 26 years.

President Kalam would be in Sudan from October 20 to 22, where an important highlight of his visit would be signing of an extradition treaty. Mr Kalam would be in Bulgaria from October 22 to 24 on the last leg of his three-nation tour. During this visit, an agreement on cooperation in the field of youth affairs and sports and an MoU on electronics and software is expected to be signed.
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No Hindi film in race for awards
Amar Chandel
Tribune News Service

New Delhi, October 17
Bollywood churns out blockbusters with conveyor-belt regularity, despite the fact that most of these oversized giants bite dust with similar clock-work precision. Despite failures which are costly to the extent of crores, nobody thinks of making small, meaningful films. The standard excuse is that the public does not accept them. Pray, does it accept the mega-budget multi-starrers?

Paucity of good Hindi cinema is so acute that there is not even one Hindi film in the Asian competition section of the 34th International Film Festival of India currently on here. Sure, there are two Indian entries, but they are in regional languages. One is Amol Palekar's 'Anaahat' (Eternity) in Marathi and Subhadro Chowdhury's 'Prohor' (In Course of Time) in Bengali. They are beautiful films no doubt, but considering the limitations of funds, they are not in the same league as Hindi films can be. When foreign delegates ask as to what good Hindi films were made lastly, one has to maintain a sullen silence. And to think that we dream of winning an Oscar!

The shortcoming appears all the more glaring in comparison to the presence of sensitive films from China ('The Story of Lotus') and Japan ('Gomen') and even smaller countries like Iran, Israel, South Korea, Sri Lanka and Thailand. Mind you, these are not the very best to have been made there recently. But most of them are fairly strong contenders, which will give Indian entries a tough competition, just because the richie rich dream merchants of Mumbai have decided never to wake up to reality. They continue to believe that cinema is nothing more than opiate for the masses.

***

'Dogville' by Danish director Lars von Trier, whose retrospective is being held during the festival, lives up to hype fully. It is the story of a beautiful fugitive Grace (Nicole Kidman), who arrives in the isolated township of Dogville on the run from a team of gangsters. The self-appointed town spokesman Tom (Paul Bettany) goads the little community to hide her. In return, Grace agrees to work for them.

However, when the goons start searching for her, the Dogville residents demand a better deal in return for the risk of harbouring her. Their goodness stands exposed.

However, she has a dangerous secret of her own. The latest presentation from the celebrated director of such memorable films as 'The Idiots' and 'Breaking the Waves' is the high point, indeed, of a fantastic career.

***

'Francisca' from Mexico comes here after visiting more than a dozen film festivals worldwide. Directed by Eva Lopez-Sanchez, it takes a gripping look at the student movement and Mexico itself. It is an unusual tale of love and treason, mistakes and ideals. The film takes its name not from any woman, but a pistol.

Its main figures were among those who shaped the history of Mexico in the 1970s. Helmuth Busch (played by Ulrich Noethen) attempts to flee from his past as a Stasi (former East Germany secret service) spy. He wants to go underground in Mexico, but the Mexican secret service recognises him and blackmails him. To avoid extradition to East Germany, Helmuth agrees to observe a group of political students.

As Bruno Muller, he becomes professor of history at the University of Mexico City. His only wish is to survive, but the situation gets complicated when he gets more and more involved in the group of young activists and falls in love with a student Adela (Fabiola Campomanes).

***

'Eight Women' by French director Francois Ozon is a delightful mystery starring Catherine Deneuve, Isabelle Huppert and Emmanuelle Beart. The story unfolds in an isolated mansion in the snowy countryside of 1950s France. A family has gathered for the holiday season. But there will be no celebration as their beloved patriarch has been murdered. The killer can only be one of the eight women closest to the man of the house.

The supicion falls on each of these beautiful, tempestuous, intelligent, sensual and dangerous women. Each has a motive. There are his powerful wife and his spinster sister-in-law. Also under doubt are the insolent chambermaid and the loyal housekeeper. It could even be his two pretty daughters.

Dark family secrets tumble out when the victim's glamorous sister pays a surprise visit. The film is all about the dark secrets of the female psyche and has been competently handled.

The problem is that it has more intrigue and adultery in one film than Ekta Kapoor packs in her entire serials. And not only that, as it happens in Mumbai films, numerous songs hamper the narrative.
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Liberhan summons to Kalyan stayed

New Delhi, October 17
The Delhi High Court today stayed till November 7 the appearance of former Uttar Pradesh Chief Minister Kalyan Singh before the Liberhan Commission of Inquiry, probing the December 1992 Babri Masjid demolition at Ayodhya.

Mr Justice A.K. Sikri directed Liberhan counsel Anupam Gupta to limit arguments to whether the commission could defend its order in a court of law and adjourned a petition by Mr Kalyan Singh seeking to set aside the commission’s order for his appearance till November 7.

The judge further said the appearance of the petitioner would not be insisted upon by the commission till that date. — UNI
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India insists on UN banner for troops
Tribune News Service

New Delhi, October 17
India would commit troops to peace-keeping missions only under the United Nations banner and not under the command of forces of any other country or group of countries, Lieut-Gen S.S. Chahal said today.

For any chance of success in a peace-keeping mission, a “UN mandate is a must”, Chahal, Commandant of the National Defence College, said. He was addressing military delegations from 18 countries assembled here for the seventh Asian Regional Forum meeting.
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Notice to Tamil Nadu Govt on atrocities on Dalit woman
Tribune News Service

New Delhi, October 17
The National Human Rights Commission (NHRC) has issued notices to the Tamil Nadu and Madhya Pradesh governments on atrocities committed on a Dalit woman and an accused, respectively.

Taking suo-motu cognisance of the news reports about atrocity on a Dalit woman, Muthumari, wife of a labourer Pitchai, who was forced to consume excreta in Tamil Nadu, the NHRC issued notice to the Director-General of Police asking him to send a report within four weeks, an NHRC pressnote said here today.Top

 

BJP reviews poll preparation
Tribune News Service

New Delhi, October 17
The BJP high command today held discussions on election preparedness of the party for the elections to be held in five states later this year and also discussed the selection process of party candidates in the coming Assembly elections.

The meeting, chaired by Prime Minister Atal Bihari Vajpayee and held at his residence, was attended by Deputy Prime Minister L K Advani and BJP President M Venkaiah Naidu. The BJP leaders deliberated on issues like procedures for selecting the candidates and schedules for the meetings of the Parliamentary Board to finalise the candidate selection for each state.

This is for the first time that the top leaders are meeting on elections after the announcement of election dates. Election for Mizoram Assembly is scheduled for November 20 while Madhya Pradesh, Rajasthan, Chhattisgarh and Delhi will go to the polls on December 1.The Parliamentary Board meeting for Mizoram will complete the process of approving the BJP nominees by October 27.
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BRIEFLY

ROBBER FLINGS SLIPPER IN COURT
PUNE:
Delay in getting justice prompted a petty robber to fling his slipper in the air in a local court room, which led to commotion and escape of the other accused. Police sources said Shashikant Wadekar (32), one of six accused, was arrested in a case of robbery and was sore when Judicial Magistrate (first class) postponed the hearing of the matter till further date. The case had been going on for the past two years. The frustrated Wadekar threw his slippers high up in the court room and in the melee that followed, a co-accused Vijay Patil (29) gave the slip to the police. — UNI

TEN FEARED KILLED IN MINE COLLAPSE
HYDERABAD:
At least 10 persons were feared killed after a mine collapsed at Singareni Collieries Coal Limited in Karimnagar district of Andhra Pradesh on Thursday night, while the state government has ordered an inquiry and announced an ex gratia of Rs 6 lakh each to the bereaved families. — PTI
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