Gandhinagar, August 1
The rain-soaked expansion of the Narendra Modi ministry in Gujarat turned politically soggy when VHP leader and a former minister Gordhandas Jhadapia turned down a berth at the swearing-in ceremony creating a flutter of sorts here today.

With Jhadapia, who belongs to the rebel camp declining a ministerial berth, 11 ministers of the state were sworn-in by the state Governor, Mr Nawal Kishore Sharma, even as the dissensions within the ranks of the ruling party spilled into the open. This expansion takes the total strength of the Cabinet to 26.

The protocol department of the government had made arrangements for the swearing-in of 12 ministers of state. Noticeable was the absence of former chief minister Suresh Mehta and former union ministers Kashiram Rana and Harin Pathak at the function.

Jhadapia, a legislator elected from the Rakhial constituency of Ahmedabad, is a hardcore VHP member who was a minister in the first Modi government formed after Keshubhai Patel was displaced from the chief ministerial chair in October, 2001. He was the Minister of State for Home during the communal riots that followed the Sabarmati Express bogie burning incident at Godhra on February 27, 2002. He, however, did not find place when Modi came back to power with a thumping majority in the Vidhan Sabha elections held in December, 2002. Belonging to the Patel community himself, Jhadapia has all along been considered close to former Chief Minister Keshubhai Patel.

Mediapersons covering the event first realised something was amiss when they noticed Jhadapia was not taking his seat on the dais. Minister Ashok Bhatt and other party leaders were seen trying to persuade him to go up while he steadfastly refused to do so. He did not budge even after the Governor and the Chief Minister arrived to take their place and the official function began.

The first to be sworn-in was a former minister Bharat Barot. Thereafter the name of Gordhan Jhadapia was called out. While Chief Minister Narendra Modi sat straight faced and Jhadapia remained rooted to his chair in the first row, there were moments of embarrassing silence as the Governor perhaps unaware of the unfolding drama, looked around searchingly with no one coming up to take oath. Minutes later Jhadapia stood up in his seat, folded his hands and sat down again in an unsaid signal of his desire not to join the Cabinet and the next minister was called for oath taking.

Profusely garlanded by his supporters who raised chant of “Gordhanbhai tum age badho, hum tumhare saath hain”, the crowd welcomed his decision to ‘spurn’ the chair. Talking to newspersons Jhadapia charged the Chief Minister with functioning in an autocratic manner and not taking senior leaders like former chief ministers Keshubhai Patel and Suresh Mehta and former union ministers Kashiram Rana and Harin Pathak into confidence. “Workers are moving away from the party and the common man’s voice is not heard”, he said.

Jhadapia admitted that the Chief Minister Modi had telephoned him late on Sunday night to inform about his induction but said that after thinking over the matter he had decided not to join the Cabinet as he felt that he would not be able to do justice to the expectations of the people and the party workers in the present set-up.

Asked why he had come to the function if he did not plan to join the government, Jhadapia said, “I came to attend the ceremony to convey my displeasure in public and to give a signal to senior party leaders that some corrective measures need to be taken immediately to stem the rot”.

Jhadapia denied that he had chosen to take this stand because he had been denied a Cabinet rank and berth of his choice. “If I were power hungry I would not have turned down the offer. My decision is my own and not influenced by any of my seniors including Keshubhai Patel. I will happily quit public life if anybody can prove that anything other than public interest has guided my decision.

However, even as Jhadapia hogged the limelight, lost in the hurly burly of developments was the fact that while the BJP was campaigning for the removal of tainted ministers at the Centre, in Gujarat, Purshottam Solanki, MLA from Ghogha in Saurashtra region, who carries a criminal record has been brought back into the government. Besides the criminal cases, he was also indicted by the Sri Krishna Commission which probed the communal riots in Mumbai. Another minister Prabhatsinh Chauhan, whose son figures in numerous cases and who was widely expected to be dropped, has been retained. Law Minister Ashok Bhatt who has a case involving a serious offence against his name also retains his place.

Meanwhile, the 11 new Ministers of State inducted into the Cabinet on Monday include three from the dissident camp-Purshottam Solanki (Ghogha), Chatrasinh Mori (Jambusar) and Jasumatiben Korat (Jetpur) while a fourth Bharat Barot (Ahmedabad) had subsequently shifted sides to the ruling group. Among the others sworn in today were Harjivan Patel (Dhanera), Sundersinh Chauhan (Mehmdabad), Ratilal Sureja(Manavadar), Bhupendra Lakhawala (Vadodara), Jashwantsinh Bhabhor (Panchmahals), C.D.Patel (Petlad) and Mulu Bera (Bhanwad).

New Delhi, August 1
The Supreme Court today summoned from the Patna High Court the files relating to the promotion of special judge hearing the fodder scam and disproportionate assets (DA) cases against Railway Minister Lalu Prasad and the appointment of another judge in his place, while permitting the CBI to examine its witnesses before the new judge.

A Bench comprising Mr Justice S.N. Variava, Mr Justice A.R. Lakshmanan and Mr Justice S.H. Kapadia, however, said the examination of defence witnesses would not commence without the permission of the apex court even as Lalu Prasad’s counsel Ram Jethmalani apologised for the outburst of Railway Minister’s another lawyer B.B. Singh against the Bench on Friday last.

“I am sorry about what happened last time. My client has neither instigated nor ratified the utterances (of B.B. Singh),” Mr Jethmalanai said.

Not giving it much importance, the Bench merely observed: “We believe that.” Today’s order is considered significant as the trial in the two cases before Patna Special Judge against Lalu Prasad and his wife Rabri Devi would not be over until the apex court grants permission for the defence to proceed with the examination of their witnesses.

Special Judge Yogendra Prasad, who had been hearing the case for about five years, was promoted as District Judge and Mr Muni Lal Paswan was appointed in his place recently.

While both Lalu Prasad and his wife are accused in the DA case, the Railway Minister is facing trial before the Patna special judge in one of the six fodder scam cases whereas the remaining five are being heard by courts in Ranchi.

On Friday, Mr B B Singh had sought to know the name of a person who had “approached” Mr Justice Variava some time in March, asking about the transfer of the Special Judge at Patna. Mr Justice Variava had disclosed it in open court on March 15, but clarified two days later that the person had raised only an “academic query”, which he wrongly took as an attempt to “influence” him.

The Supreme Court was hearing a public interest litigation (PIL) by JD(U) MP Rajiv Ranjan Singh “Lallan” alleging that after becoming a minister in UPA the government, Lalu Prasad had tried to interfere with the trial proceedings in the cases against the husband-wife duo.

Lallan, who was the original complainant in the Rs 950-crore fodder scam, had last week moved an application alleging that Yogendra Prasad found to be an “inconvenient judge”, was promoted under a plan to remove him.

It is learnt that after Friday’s spat with the Bench, Mr B.B. Singh, a longstanding lawyer of Lalu Prasad in the Supreme Court, had been asked to remain aside of the court proceedings.

New Delhi, August 1
Central Board of Film Certification (CBFC) chief Sharmila Tagore has denied playing any role in her son Saif Ali Khan bagging the National Award for the “Hum Tum”.

Speaking to mediapersons at the National Seminar of Consumer Coordination Council yesterday, Ms Tagore said the actor had the ability to win the honour and he deserved it.

Calling the allegation that she used her clout and influence in getting Saif the National Award completely baseless, she termed the controversy totally unwarranted and unfounded. A committee of the Union Information and Broadcasting Ministry decided the awards and the Censor Board had no say in it, she added.

On controversies surrounding some films with religious overtones, she said there was nothing wrong with the audience watching these kinds of films.

Some organisations, who wanted to hog the spotlight for one reason or another, fomented trouble to serve their own interests, she said.

She, however, refused to comment on her husband Mansoor Ali Khan’s brush with the law in the case of poaching of a black buck in Haryana recently.

New Delhi, August 1
The Lok Sabha was adjourned for the day today without transacting any business following the death of sitting CPM member Bikash Chowdhury in the Capital this morning.

Chowdhury, a bachelor, died following a cardiac arrest at the RML hospital here early this morning. He was 73.

The CPM leader represented the Asansol parliamentary constituency in West Bengal three times in a row.

Reading out an obituary, Lok Sabha speaker Somnath Chatterjee described Chowdhury, who had also represented Asansol in the 12th and 13th Lok Sabhas from 1998-2004, as an able Parliamentarian.

Chowdhury had been elected to the Assembly from Jamuria in 1977 when the first Left Front government was formed in West Bengal and had won consecutively till 1996.

The CPM leader had served as a member of the Committee on Energy and its Sub-Committee on Coal, and Consultative Committee, Ministry of Coal from 1998 to 1999.

He was also member of Consultative Committee, Ministry of Mines and Minerals from 2000 to 2004 and had currently been serving as member of the Committee on Coal and Steel.

The Speaker remembered Chowdhury as a social activist, a leader of the masses who was associated with a large number of trade unions.

He had also been associated with folk theatrical performances through Yatra Samitis and was the President of the Vidya Sagar Charcha Kendra, credited with thought-provoking writings in newspapers and journals on various subjects including coal, land and politics.

“In his demise the country has lost a votary of the working class and masses,” the Speaker said.

The House observed a two-minute silence as a mark of respect for the departed leader before the Speaker adjourned the House for the day.

Meanwhile, the CPM in a statement said in his death, the party and the working class movement has lost an experienced and dedicated leader.

It said Chowdhuri was involved in organising the kisans and workers and made a big contribution to developing the coal workers movement.

CPM leaders said the mortal remains of the leader would be taken to the party office in Delhi and Parliament, after which it would be taken to his constituency for the last rites.

New Delhi, August 1
Admitting that “certain procedural lapses” in handling of the information stored in computers in its war room here had come to light, the Navy today attempted to downplay reports of leak of information and said a Court of Inquiry had been set up to go into the matter.

Even as there were unconfirmed reports emerging from the Naval Headquarters that at least three persons, including two officers of the Commander level were under close arrest for the possible leakage of information, Deputy Chief of Naval Staff Vice-Admiral Suresh Mehta said the Court of Inquiry would give its report in 10 days. The four-member Court of Inquiry is being headed by Rear Admiral Ganesh Mahadevan, who is the Assistant Chief of Material of the Navy.

Vice-Admiral Suresh Mehta, deputy Chief of Naval Staff, told reporters that no “secret or operational plan of movement of warships and submarines” had been leaked out in an unauthorised download of sensitive matter in Navy’s war room in South Block.

However, sources in the Navy said as part of the investigations, which are being held in close coordination with the Intelligence Bureau (IB) and the Research and Analysis Wing (RAW), a Pen Drive has been recovered which had dowloads of more than 100 documents of the war room.

Reports suggested that the three men had been moved from the South Block and put on attachment at some other branch and put under close arrest. However, the navy denied these reports but said there was reason to believe that the downloaded information may have been sought by “unauthorised persons outside Naval Headquarters”.

Reports also said that the Chief of Naval Staff, Admiral Arun Prakash, had informed the intelligence agencies about the possible leak just before going abroad on his `eastern tour’ as part of the naval diplomacy about a week ago. A statement issued by the Naval Headquarters said authorities were working in close cooperation with security agencies to “ascertain the specific motives for downloading of the information and whether it had been made available to commercial interests.

Talking to the reporters Admiral Mehta said, “All briefings in Naval Headquarters are carried out in a briefing room traditionally designated as war room, which has number of computers and projection systems”, and that no operational plans were ever stored in these computers.

Seeking to downplay, the leak out of information from the war room, officials said it could pertain to procurement deals. They said the matter had come to light about 10 ago when there was talk in corridors of South Block about leak of sensitive information.

Officials said all concerned with running and display of computer projections in the war room would be questioned in the ongoing probe.

This is the second time in two years that a break-in has been reported in sensitive defence installations and stealing of informations from stored computers. In August, 2003, 18 encrypted computers were stolen from heavily-guarded DRDO scientific anlysis office at Metcalf house in the Capital.

New Delhi, August 1
Amid walk-out by the NDA, the Rajya Sabha today approved by a voice vote a resolution seeking extension of President’s rule in Bihar by another six months beyond September 6 with the government rejecting charges that it did not allow formation of a JD(U)-BJP government in the state.

Replying to the discussion on a statutory resolution seeking extension of the Central rule in Bihar, Home Minister Shivraj Patil said following reports from the Governor about horse-trading, the government recommended dissolution of the House to seek a fresh mandate from the people.

Before walking out, senior BJP member Sushma Swaraj said the NDA was not satisfied with the reply of the Home Minister who had “failed” to throw light on issues raised by it, including the row between the Governor and state Chief Secretary G.S. Kang who has proceeded on leave after transfer of certian IPS officers.

Mr Patil said the Election Commission had stated that polls could be held in the state in October-November. He said the government had nothing to do with the poll schedule. “We will be happy if these are held earlier,” he said allaying BJP-led opposition’s fears that the polls might be put off to early next year.

Backing the Governor’s recommendation, the Home Minister said Mr Buta Singh had sent two reports to the Centre categorically stating that horse trading was on and efforts were being made to wean away MLAs with the help of “allurements, money and muscle power”.

When Ms Swaraj questioned the Home Minister as to how the Governor came to know of horse trading, Mr Patil said he had his “own information” besides what was shown on television.

“The Governor was very clear that he will allow a government to be formed but not allow horse trading,” he said.

Mr Patil said the Centre had given time for government formation by keeping the assembly in suspended animation after President’s rule was unanimously imposed in the state on March 7.

He said the formation of a government on the basis of horse trading would have created a “constitutional chaos.” Raising questions over the NDA holding negotiations with the breakaway group of the LJP in Jharkhand, Mr Patil wondered why such talks could not be held in Patna. “Why were members talking outside state. Why not in Patna,” he said. Mr Patil said talks were being held with members and not with party leaders.

He said the Governor was aware that strength of breakaway group of the LJP legislators was not enough to escape the provisions of the anti-defection law. Mr Patil said members crossing over would have lost their membership and no stable government could have been possible.

To questions about the “undue hurry” shown by the Cabinet in recommending dissolution of the state assembly when the President was abroad, Mr Patil said the NDA could have gone to the Governor. “The Governor could not have allowed constitutional chaos because of horse-trading and allowed the government to fall like a pack of cards,” he said.

New Delhi, August 1
Visibly embarrassed Congress members are finding it increasingly difficult to defend Bihar Governor Buta Singh, who has come under heavy flak over his decision to transfer officials without prior consultations with the Chief Secretary.

Bihar Chief Secretary G. C. Kang has proceeded on protest leave over this issue and has even gone public with his displeasure. The Governor, on the other hand, has justified his action, stating firmly that his decision is final.

With the BJP raking up this issue and Bihar headed for an assembly election in the next couple of months, the UPA can ill afford such a controversy at this particular juncture. Congress President Sonia Gandhi, it is learnt, has not taken kindly to Mr Buta Singh’s controversial actions and her managers have conveyed as much to the Governor.

Although Home Minister Shivraj Patil and other Congress members had little choice but to defend Mr. Buta Singh when the matter was raised in the Rajya Sabha today, party leaders privately admitted that they could not justify the Governor’s decision. The latest controversy, they said, was uncalled for with some leaders even going to the extent of saying that Mr Buta Singh had become a liability for the Congress, especially since the impression is gaining ground that he is acting at the behest of Railway Minister and RJD chief Lalu Prasad Yadav.

“A Chief Secretary is not a junior official.... how can the governor bypass him while ordering transfer of officials,” remarked a senior Congress leader. They admitted that such controversies will impact adversely on the UPA in general and on the Congress in particular in the upcoming assembly elections. They said even before this issue blew up, the Governor was embroiled in several controversies pertaining to the conduct of his two sons, who are functioning like “extra-constitutional” authorities, given their interference in administrative affairs.

While the Congress was concerned over the political fallout of Mr Buta Singh’s decision, RJD leaders were, however, nonchalant. Transfers and postings, they explained, take place in every state and some amount of controversy is generated in all such cases. Bihar, they said, is no exception.

New Delhi, August 1
Punjab tops the list of mechanised farming in the country with 96 per cent farmers of the state using diesel tractors to plough land and hardly 3 per cent using animals for the same purpose.

This is revealed in the 59th Round of National Sample Survey on Aspects of Farming conducted by the National Sample Survey Organisation, Ministry of Statistics and Programme Implementation, during the period January-December 2003.

Punjab was followed by Haryana with 89 per cent using diesel, 11 per cent animals, Uttar Pradesh (81 per cent diesel and 18 per cent animals), Kerala (72 per cent diesel and 27 per cent animals), Tamil Nadu (68 per cent diesel and 30 per cent animals) and West Bengal (53 per cent diesel tractors and 47 per cent animals).

The report, which was released recently, said that overall in the country, 52 per cent continued with the use of animals for ploughing and 47 per cent used diesel tractors.

It also revealed that the proportions did not change much, with increase in size of landholding by the farmer households. However, in the highest bracket of farmers having 10 hectares and above, there is a marked increase in the use of tractors, with 70 per cent using diesel. About 1 or 2 per cent households in this bracket used electricity for ploughing.

Among the states, the major ones exhibited a great deal of variation with not only the economically backward belt comprising Orissa, Jharkhand and Chhattisgarh, even the more developed states like Karnataka and Maharashtra depended heavily on animal power for ploughing.

The developed states like Karnataka and Maharashtra revealed a different picture with Karnataka 14 per cent farmer households using diesel while 85 per cent animals and Maharashtra 21 per cent tractors and 78 per cent animals. Jharkhand figures at the bottom of the list with, 2 per cent tractors and 98 per cent using animals for ploughing. The only other state where the use of diesel tractor is less than 10 per cent, happens to be Assam with 3 per cent diesel tractors and 97 per cent animals.

New Delhi, August 1
The Supreme Court today sought clarification from the Attorney- General and Union Government counsel whether the citizens of the country have a fundamental right to be governed by people of "integrity and clean image", while quizzing them on the "spirit of the Constitution" which emphasises good governance and establishing the rule of law.

In an hour-long argument on a public interest litigation (PIL) challenging the inclusion of at least five tainted ministers, including Railway Minister Lalu Prasad in the Manmohan Singh Ministry, a Bench of Mr Chief Justice R. C. Lahoti, Mr Justice C. K. Thakkar and Mr Justice P. K. Balasubramanyan asked "if we don't have the jurisdiction to examine the issue whether the people of the country have a fundamental right to have a clean government."

The Bench after knowing the views of the Attorney-General (AG) Milon Banerjee, Solicitor-General G. E. Vahanvati, senior advocate Gopal Subramaniam, engaged by the Centre to assist the AG and amicus curiea Rakesh Dwivedi, appointed by the Court to assist it in adjudicating the PIL, said it would like to examine the issue provided some uncalled for averments, pertaining to certain political references in the petition were removed.

Advocate Anil Jha, who had filed the PIL on behalf of a journalist, Manoj Narula, said he would move an application for amending the petition within two weeks.

The court said the matter would be heard "as and when" the amended application is filed by the petitioner.

While AG and other government counsel assisting him, contended that there was nothing in the Constitution which prohibits the President and the Prime Minister from appointing a "chargesheeted" person as a minister, amicus curiea, Dwivedi said the question was not so simple to be "brushed under the cover of constitutional provision."

"Criminalisation is a bane of society and negating the democracy. Though the President has a discretion to appoint the Prime Minister, but it assumes importance if a person against whom charges have been framed and sanction is granted for prosecution is elected as a leader of the House by the party which gets majority," Dwivedi said.

Similarly the question of Prime Minister's prerogative assumed importance when a tainted person is inducted in the ministry by him, He said.

"Can a person who is chargesheeted for a dozen of murder and a dozen of rape cases, be included in the ministry simply because of the Prime Minister's prerogative?" he asked.

The amicus curiae said when such an important question had arisen before the nation

"We have to look at the conventions, which assumes significance."

He said in England there is a convention not to include any person with questionable integrity in the Council of Ministers. "There was convention in our country also when a minister used to resign even on slightest allegations of misconduct, but there is a drastic degeneration in the political standards and ethics of late," he said adding "now we find many ministers with charges facing trial both in the Union and state cabinet.

Therefore, it is time to give a fresh look to the Constitution to examine if there are any limits on power to appoint Ministers flowing by necessary implications from the Constitution or from the democratic convention."

Following his arguments, the court indicated that it would like to hear the PIL.

New Delhi, August 1
The Leader of Opposition, L. K. Advani, today wrote to Prime Minister Manmohan Singh expressing disappointment over the "inadequate" Central aid of Rs 500 crore for flood-ravaged Maharashtra.

He demanded special financial package and insurance settlement scheme for the affected people.

Describing the Centre's immediate support as "totally inadequate", he said, "I feel that there is a need to release financial resources to the affected people without any delay".

The BJP President, who enclosed copies of two representations made by the Maharashtra BJP unit to Finance Minister P. Chidambaram, requested the Prime Minister to ask the Finance Ministry's Insurance Division to have special insurance settlement schemes for the victims.

"Special financial package, including debt restructuring, financial assistance, interest-free loans, should be extended to retail traders, hawkers, self-employed women, small workshops and others," Mr Advani said.

Demanding that donations contributed to NGOs working in the relief sector be granted 100 per cent exemption from income tax. He recalled that this had been done during the Kutch earthquake.

In its memoranda, the state unit has demanded, among other things, immediate settlement of claims upto Rs one lakh and special financial package to small traders and others.