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Plug loopholes in law on dowry: SC
Joshi, Thackeray venture bags prime land
Punjab delaying Amritsar SEZ project: Sidhu
Scrap MPLAD scheme: TDP leader
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Mamata renews fight against CPM
Digvijay, Paswan fail to agree on Bihar front
Murder case against ‘dead man walking’
16 Cong MLAs suspended from Assembly
POTA case against journalist quashed
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Plug loopholes in law on dowry: SC
New Delhi, July 21 Merely because the provision of Section 498A “is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck personal vendetta or unleash harassment (of in-laws and husband). It may, therefore, become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with,” a Bench of Mr Justice Arijit Pasayat and Mr Justice H.K. Sema said while disposing of a public interest litigation (PIL) on the issue. But the court rejected the plea of striking down the provision of Section 498A made in the PIL, saying that as long as the legislature comes out with a remedy, “till then the courts have to take care of the situation within the existing framework.” While noting that the object of the provision of Section 498A is to strike at the root of dowry menace, the court said it had also been rightly pointed out in the PIL that many instances had come to light where the complaints by the so-called dowry victims were “not bona fide and have been filed with oblique motive.” In such cases, the acquittal by courts of the accused persons after a long legal proceedings did not “wipe out the ignominy suffered during and prior to the trial by them”, the court said. Describing such misuse of law as “legal terrorism”, the court said no one could be allowed to unleash frivolous proceedings on this count as the provisions of Section 498A “is intended to be used as shield (a woman against harassment) not as an assassin’s weapon.” The PIL was filed by Sushil Kumar Sharma in the wake of the Delhi High Court judgement in a false dowry case, in which it had expressed concern over a sudden rise in frivolous dowry complaints. Section 498 deals with complaints by a married woman against her husband, in-laws and his relatives about harassment and ill-treatment on demand of dowry. In a guideline to the courts below as how frivolous dowry complaints should be dealing with, the apex court said there was no question of the investigating agencies and the courts taking such complaints lightly and dealing with them casually. The investigating agencies and trial courts have to take note of the fact that the “ultimate objective of every legal system is to arrive at the truth. Punish the guilty and protect the innocent. There is no scope for any pre-conceived motion or view on this,” the court observed. |
Joshi, Thackeray venture bags prime land
Mumbai, July 21 Joshi and Thackeray floated Kohinoor CTN to bid for a 4.8 acre plot of land owned by the National Textile Corporation’s Kohinoor Mills, which is undergoing liquidation. Their bid at Rs 421 crore was the highest and they beat several other property developers to buy the land. The property is located near the prime Shivaji Park in Central Mumbai. Both leaders said they were bidding for the plot in order to prevent non-Marathi businessmen from buying into the Shiv Sena’s heartland. Property analysts say the plot needs to be developed commercially in order to justify the high price paid for it. Joshi owns the Kohinoor chain of hotels and technical colleges across Maharashtra. He is likely to build a five star hotel on this property. Meanwhile, the NTC sold another 7.5-acre plot belonging to Elphinstone mills for Rs 441 crore to Indiabulls. The plot located in the congested Parel area was valued lower due to its location, according to analysts. This year, the NTC has garnered more than Rs 1,900 crore from the sale of five mill lands in Mumbai. The former working-class area of Central Mumbai has seen developers buy up the sprawling mill lands to set up post shopping malls and housing for the rich. However, lack of infrastructure, including water supply and sanitation facilities, are likely to be a major bottleneck in the coming years. |
Punjab delaying Amritsar SEZ project: Sidhu
New Delhi, July 21 Talking to mediapersons here today, Mr Sidhu said Prime Minister Manmohan Singh had declared the Rs 1,100 crore-Special Economic Zone package for Amritsar last year, but the state government was “trying to torpedo the package by breaking it into small pieces for its vested interests.” He said nearly 2,000 hectares of land was required in a particular area for setting up the Special Economic Zone but the state government was trying to distribute the money at three places. “It violates the very essence of a Special Economic Zone,” he said. Mr Sidhu, who plans to raise the issue in the coming session of Parliament, said fragmenting the SEZ package would not benefit any place. “Amritsar deserves the SEZ. The project is being delayed,” he said. The MP said Amritsar was a gateway to Central-Asian countries and the thaw in Indo-Pak relations would make it the hub for trade and commerce between the two countries. “The SEZ will help realise the business potential of Amritsar,” Mr Sidhu said. He said the state government had not properly implemented the galiara project sanctioned by the Centre for beautification of the Golden Temple complex in Amritsar. Mr Sidhu called for steps to stop the flight of industry from Punjab to the neighbouring states which were enjoying tax concessions granted by the Centre. He said either Punjab should not be categorised as “disturbed area” or the benefits to such areas should be extended to it. |
Scrap MPLAD scheme: TDP leader
New Delhi, July 21 The MPLAD scheme contravenes the spirit and letter of the Constitution as it adversely affects the distribution of power in the federal structure, Dr Ramachandraiah observed in a letter to the Prime Minister dated July 19 on the eve of the monsoon session of Parliament which begins on July 25. Stressing that the scheme negates Parliamentary control over the Executive and distorts the role of the MPs, the TDP leader emphasised that the MPLAD
scheme violates the Parliamentary system by making parliamentarians participate directly in the administrative work of the country. He drew Dr Singh’s attention to the CAG report of 2001 which brings to the fore the deficiencies of the MPLAD scheme. The report notes the central government’s transfer of funds for the MPLAD scheme directly to the District Collectors by skipping the normal state budgetary route. “It was necessary for the ministry to have devised appropriate accounting procedures at the stage of formulation of the scheme itself,” the report suggested. Dr Ramachandraiah regretted that this only reinforces his point made earlier that “direct participation of MPs in
implementing the works has distorted the entire system of administrative responsibility and legislative control.” Asserting forcefully that the MPLAD scheme in its present form has hardly served its main objective, the TDP leader pointed out that a significant part of the released money under the scheme is not utilised and the works carried out in a large number of cases did not fall within the definition of durable assets and remained incomplete. He warned that if a thorough scrutiny of all the projects in all the constituencies over the past 12 years is conducted “the irregularities revealed could be of serious proportions.” The National Commission to review the Working of the Constitution under the chairmanship of the former Chief Justice of India Justice M N Venkatachaliah studied the impact of Local Area Development Schemes and their encroachment and concomitant impact on the financial and executive domains of the local bodies. Dr Ramachandraiah maintained that the MPLAD scheme in its present form is functioning “more as a kind financial package for the political cadres and adversely affecting genuine need based projects due to paucity of funds. “There are instances of projects being proposed over and over again for several years under the MPLAD scheme for state government funded projects even when these projects may have been well executed and did not require funds in the immediate future. Sir, the reasons for such a phenomenon are too obvious for me to elaborate.” In this background, “I would suggest that the government initiate steps to dispense with the MPLAD scheme. The MPs instead should be given the privilege of recommending work to local authorities and a system should be put in place where these projects are necessarily taken up on a priority basis,” Dr Ramachandraiah added. |
Mamata renews fight against CPM
Kolkata, July 21 The campaign, in which will also take part, will begin from the hills of Darjeeling and end at the sea shore of Diamond Harbour in South 24 Parganas. The purpose of the campaign is to arouse “jana jagaran” (public awareness) against the alleged misuse of the official power and the police by the CPM in the elections and various other vested political interests. The TMC observed a martyrs’ day today in memory of the death of 13 Youth Congress leaders in police firing on July 21, 1993, at Esplanade East. All TMC MLAs and councillors of the Kolkata Corporation were on the dais along with Ms Banerjee to strengthen their solidarity in the fight against the CPM in the state. Mr Ajit Kumar Panja also addressed the rally. Congress too organized a separate rally in front Mahatma Gandhi’s statue at the Maidan near Ms Banerjee’s meeting place, where the Union Water Resource Minister, Mr Priya Dasmunshi, and former Kolkata Mayor, Mr Subrata Mukherjee, were the main speakers. Neither the Defence Minister, Mr Pranab Mukheree, who is also WBPCC president nor Mr Somen Mitra, former party president were present. Mr Dasmunshi once again stressed the necessity of a joint move by the Congress and the TMC to fight against the CPM. He said it had been proved that neither party alone could fight it. He invited Ms Banerjee to take the leadership to strengthen their fight. He wanted both the Congress and TMC to jointly fight the next Assembly elections next year against the CPM and other Left parties. Ms Banerjee, however, did not express any willingness to once again join hands with the Congress as she did in 2001 elections since the Congress now, she alleged, had surrendered itself to the Marxists for gaining narrow political interests. |
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Digvijay, Paswan fail to agree on Bihar front New Delhi, July 21 Mr Digvijay Singh had a hour-long meeting with Mr Paswan today but the talks did not yield anything substantive as both merely restated their known positions. Mr Paswan, it is learnt, is adamant that he will not have any understanding with the RJD and will prefer to go it alone. The Congress leader, on the other hand, urged him to reconsider his decision as any division in the secular vote will only ensure the formation of an NDA government. Although no progress was made at today’s meeting, Mr Digvijay Singh remained optimistic about resolving the differences between the two Bihar rivals. “We will continue with our efforts to bring Lalu and Paswan
together. I am a born optimist... politics is all about managing contradictions,” Mr Digvijay Singh said while describing today’s meeting as exploratory in nature. Mr Paswan did not go beyond saying that though his position is well-known, he had heard out Mr Singh today. While this was Mr Digvijay Singh’s first meeting with the LJP chief, the Congress leader has already had two rounds of discussion with Mr Lalu Prasad Yadav and has also met the CPI leaders in an effort to bring the latter on board the secular alliance. Mr Digvijay Singh, it is learnt, told Mr Paswan that both the LJP and the RJD are equally important for the Congress and it wanted both to be partners in the secular alliance in Bihar. While asking Mr Paswan to reconsider his decision, Mr Digvijay Singh is understood to have told him that he could not have an “unviable position” as it is getting him nowhere.” He also pointed out that the LJP leader’s stand is “politically fragile” and cited his recent experience when the bulk of his MLAs deserted him. Mr Paswan, however, appeared confident about garnering a sizeable number of seats despite these recent desertions. |
Murder case against ‘dead man walking’
Dehra Dun, July 21 Negi was wanted in connection with the alleged killing of a washerman, Kalua, on the IMA premises on December 10, 2003, and the “Uttaranchal police will secure a warrant from a court to bring him under transit remand” from Bathinda. The soldier was arrested in Bathinda on July 8 for alleged “spying activities” after he started asking questions about the families of Kargil martyrs and aroused suspicions. The police is now looking for his girlfriend, Renu, for pointers regarding Negi’s activities after his disappearance.
— PTI |
16 Cong MLAs suspended from Assembly
Raipur, July 21 Opposition members, including CLP deputy leader Bhupesh Baghel, were suspended under rules that provide for automatic suspension of any MLA who enters the well of the House while proceedings are underway. The situation erupted during discussion on a call attention notice by Mr Nandkumar Patel of the Congress relating to rebel assault on tribesmen active in an anti-naxal movement in Bastar and the killing of seven persons over the past fortnight.
— UNI |
POTA case against journalist quashed
Chennai, July 21 Mr Gopal, shot to fame when he negotiated between the Tamil Nadu Government and the slain forest brigand Veerappan, whenever he abducted people. Mr Gopal was arrested on April 11, 2003, and charged with abetting the murder of Rajamani, a police informer, by the outlaw. He was also charged with sedition following the alleged recovery of pamphlets of the outlawed Tamil Nadu Liberation Army. The police also claimed to have recovered an unlicensed firearm from him at the time of his arrest. Later, Section 4(a) was invoked against him. Mr Gopal moved the high court challenging his prosecution under this Section as well as the notification declaring the whole state as a “notified area”. The Division Bench of Mr Justice P.K. Misra and Mr Justice S. Ashok Kumar, quashed the charge under Section 4(a) of POTA against Mr Gopal, editor of Tamil bi-weekly “Nakkheeran”. He had been charged with possessing a firearm within a “notified area”. The Bench ruled that there was no justification for terming the whole state a “notified area” for the purpose of combating terrorism and that the relevant government notification had been issued mechanically without any application of mind. The state government sought to make out a case for declaring the whole state an area threatened by terrorism by citing 54 incidents, but the high court held that those were past incidents that took place when either the “Tamil Eelam” movement in Sri Lanka was at its height and had affected parts of India or during the aftermath of the demolition of the disputed Babri mosque. It felt they were no longer relevant in the changed scenario. The bench observed, “Obviously, in December 2002, when the notification was issued, these incidents were on a decline.” |
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