SPECIAL COVERAGE
CHANDIGARH

LUDHIANA

DELHI


THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Electorate has been misled, says Lalu
New Delhi, November 22
RJD supremo and Union Railway Minister Lalu Prasad Yadav had it coming in his home state of Bihar but refused to see the writing on the wall.



Mediapersons surround RJD chief Lalu Prasad in Patna on Tuesday after his party was defeated in the Bihar Assembly poll. — PTI photo
Mediapersons surround RJD chief Lalu Prasad in Patna on Tuesday after his party was defeated in the Bihar Assembly poll.

Bihar election blurs caste divide
Patna, November 22
Mr Sivanand Tiwari of the RJD, Mr Sambhu Srivastav of the JD(U) or Mr Ramjatan Sinha of the LJP are not just names. They perhaps should be viewed as indicators to the slow but steady process of the disintegration of the highly polarised caste-based politics in Bihar in particular and in the Hindi heartland as a whole with all parties trying to look beyond their caste affiliations to increase their social base.

BJP assures support
New Delhi, November 22
With the NDA winning a comfortable majority in Bihar Assembly election, the BJP today said that there would be “complete coordination” with the JD(U) in government formation and took exception to suggestions of differences with its senior alliance partner in the state.

NDA victory margin shock for Congress
New Delhi, November 22
The Congress was today struggling to put up a brave face as its huge victories in the Maharashtra by-elections were eclipsed by its dismal performance in the Bihar Assembly elections.

Rebuilding Bihar a challenge, says George
New Delhi, November 22
Holding out the promise of rebuilding Bihar, the Janata Dal (United) today hailed the people’s verdict as an end of their 12-year-long struggle to overthrow a corrupt regime.

Left bickering continues
New Delhi, November 22
The fall of the Mandal messiah has left the Communists bickering and blaming each other for the defeat of Lalu Prasad’s Rashtriya Janata Dal after 15 years of rule and the return of the Nitish Kumar-led NDA coalition.


International actor Jackie Chan
International actor Jackie Chan on arrival at Mumbai International Airport on Monday for the premiere of his film "The Myth". — PTI


EARLIER STORIES

 

Arrest warrant against Mamata
Kolkata, November 22
The Trinamool Congress MP, Ms Mamata Banerjee, and other TMC leaders are now facing the warrants of arrest on the charges of rioting and other criminal activities in a 10-year-old case.

20 BJP youth hurt in lathi charge
Lucknow, November 22
At least 20 Bhartiya Janata Yuva Morcha (BJYM) activists were injured when the police resorted to lathicharge to prevent a mob of the BJP youth wing proceeding to gherao the Vidhan Bhavan here today against the recent communal violence in Mau.

Oppn to take up Natwar issue
Parliament session begins today
New Delhi, November 22
Enthused by spectacular results in Assembly elections in Bihar, the NDA will take on the UPA government full steam turning the winter session of Parliament, starting on November 23, stormy and tumultuous as the Opposition appears to be determined to expose the Manmohan Singh government on issues, including the raging Volcker controversy and the policy on Iran.

Salem’s statement opened
Mumbai, November 22
The TADA court here today opened the confessional statement of gangster Abu Salem, though details were not examined by the court. According to the CBI, the statement pertains to the gangster accepting his role in the 1993 serial bomb blasts.

Satish Sharma discharged in petrol pump scam
New Delhi, November 22
In a major relief to a Congress leader, Capt Satish Sharma, a Special Court here today discharged him in all 15 cases of "illegal" allotment of petrol pumps while he was Petroleum Minister in the Narasimha Rao government.

New LPG connections from Dec 1
New Delhi, November 22
With the improvement in the supply of LPG, the Consultative Committee attached to the Petroleum Ministry has asked oil companies to resume the release of new connections from December 1, 2005.

NHRC rejects clarification plea
New Delhi, November 22
The National Human Rights Commission (NHRC) probing “unlawful cremations” in Punjab during militancy on the orders of the Supreme Court, has rejected a petition of a private body taking up the cause of victims and seeking “clarification” form the panel about the nature of compensation awarded by it last year to the kin of 109 victims.

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Electorate has been misled, says Lalu
T.R. Ramachandran
Tribune News Service

New Delhi, November 22
RJD supremo and Union Railway Minister Lalu Prasad Yadav had it coming in his home state of Bihar but refused to see the writing on the wall. Even in the face of an overwhelming rejection of his rule and that of his wife Rabri Devi, Mr Yadav was unrepentent for any actions of omission or commission and remained defiant that the electorate had been misled and will realise its folly in the next three months.

It became evident that his Muslim-Yadav (MY) constituency had lost its patience with the maverick RJD leader. Mr Yadav’s political landscape in Bihar appears bleak for the present and his MY vote bank has suffered severe cracks. His rhetoric of being the saviour of the underprivileged and the downtrodden has failed to carry the day for him coupled with a strong rejection of his style of functioning.

After being in power for 15 years, the people of Bihar have run out of patience. They have voted for change and proper governance. The Congress which had no option but to go along with the RJD attributed the defeat of the Secular Democratic Front to a strong anti-incumbency factor which it observed was only to be expected. Their leaders were quick to allay any apprehension that the Bihar debacle will have an adverse impact on the Manmohan Singh government at the Centre which will run its full five-year term.

Bihar watchers and impartial political analysts insist that Mr Yadav’s gimmicks were unsustainable and that the people cannot be fooled all the time. The state was embroiled in any number of scams with Mr Yadav at the epicentre. He miscalculated that the manipultive skills and brute political power can cause incalculable harm in a participative democracy.

On the other hand, JD (U) leader and Bihar’s Chief Ministerial candidate Nitish Kumar was all grace and poise in thanking every section of the people for voting the NDA to power and sending the RJD packing. “Our endeavour will be to provide a clean and efficient government. We will get down to the job of governance and the arduous tasks ahead from day one and endeavour in taking all castes and communities along without any discrimination.”

Clearly, Mr Kumar and several others in the political firmament believe that the electorate in Bihar has brought to the fore efforts to rid the state of caste and community predilections as evidenced by the split in votes across the board. The people have voted for accountability and tangible progress on the ground rather than gimmicks. The BJP also appears to have gained marginally from the split in votes in Bihar.

Union Chemicals and Fertilisers minister and the LJP chief Ram Vilas Paswan has been left out in the cold unlike in February when he could arraign to himself the role of a king maker and call the shots.

The electorate also held a lot by the Election Commission for having held free and fair elections despite the odds. From all accounts, Mr Yadav has been putting up a brave front after the first two phases of polling. Despite the RJD crying hoarse of the EC disenfranchising its voters in large number for various reasons, the people at large have commended the creation of the Constitution for having rid the voter of a fear psychosis and other strong arm tactics.

Politicians aver it is too early to write off the RJD strongman in Bihar. It is evident he will have to change his style drastically. Nevertheless, his penchant for creating problems for the Manmohan Singh government at the Centre should not be undermined. The RJD has a solid chunk of 24 seats in the Lok Sabha. At the same time his bargaining capacity at the Centre with Bihar out of his bag has been considerably reduced. Some Congress leaders had expected such a result but not such a resounding victory for the NDA.

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Bihar election blurs caste divide
Ambarish Dutta
Tribune News Service

Patna, November 22
Mr Sivanand Tiwari of the RJD, Mr Sambhu Srivastav of the JD(U) or Mr Ramjatan Sinha of the LJP are not just names. They perhaps should be viewed as indicators to the slow but steady process of the disintegration of the highly polarised caste-based politics in Bihar in particular and in the Hindi heartland as a whole with all parties trying to look beyond their caste affiliations to increase their social base.

Social analysts rather seek to put the trend in a much larger perspective. They feel that the prominence of the above leaders in caste-based regional parties in Bihar indicate the growing transformation of so-called upper castes in the Hindi heartland into “middle class intelligentsia” to act more as facilitators to social transitions than playing an antagonistic role to the backwards and Dalits.

A social researcher associated with the Asiatic Society, Mr Nirbed Roy, puts it straight: “This is nothing but the social endorsement of Mr Lalu Prasad Yadav, Mr Nitish Kumar and Mr Ram Vilas Paswan by the upper castes, who historically always formed the larger segment of middle and upper middle class intelligentsia due to their earlier exposure to education by facilitating social changes”.

Mr Akhileswar Tiwari of Patna University substantiated Mr Roy’s views by pointing that neither Mr Lalu Prasad Yadav nor Mr Nitish Kumar could ever deny the support and patronage to their causes by former Prime Ministers V.P. Singh and Mr Atal Bihari Vajpayee, who only represented the middle and upper-middle class intelligentsia.

Mr Roy sought to broaden the spectrum a more by analysing the same in larger democratic perspective as castes and society were never alienable.

Mr Roy said, “From Bengal renaissance to Freedom Struggle, and from Leftist Movement in India to Mandal and Mandir, no one can deny the roles played by Ishwar Chandra Vidyasager, Rammohan Roy, Madan Mohan Malviya, Jawaharlal Nehru, Jyoti Basu, V.P. Singh and Atal Bihari Vajpayee.”

According to Mr Roy, while none of the above leaders would certainly like to be identified with their castes, but at the same time they could not deny their caste linkage by birth.

Against this backdrop, Mr Sivanand Tiwari, Mr Sambhu Srivastav or Mr Ramjatan Sinha perhaps could be viewed as facilitators to social changes in post-Mandal politics in Bihar where the middle class intelligentsia, dominated by the upper castes, are playing the role of “backroom boys” instead of leading the scene from the front.

Even if the exit poll surveys are to be believed, the NDA chief ministerial candidate, Mr Nitish Kumar, is being projected to be ahead of Mr Lalu Prasad Yadav mainly because of two factors.

First, the socio-political endorsement of Mr Nitish Kumar by the upper castes dominated middle class intelligentsia as a better administrator, who could work more effectively to uphold the cause of social justice as outlined in the Mandal commission report.

Secondly, on the contrary, the failure of Mr Lalu Prasad Yadav to acknowledge the role of the same middle class intelligentsia which catapulted him to power in 1991, followed by the Mandalisation of Bihar politics by Mr V.P. Singh.

In fact, the RJD supremo, who was otherwise known for quick adaptability, was late to associate himself with Mr Akhilesh Singh or Mr Digvijay Singh.

For Mr Nitish Kumar, his own caste-based vote bank representing Kurmis and Koiris is not more than 5 per cent.

But it is the same upper-caste dominated middle class intelligentsia which focused how the extreme backward castes (EBCs), who also fall under the other backward caste category, did not grow like that of Yadavs during the RJD role by helping Mr Nitish Kumar to expand his social base in the name of social justice, ironically a slogan raised by Mr Lalu Prasad which helped him to enjoy power for 15 years.

Official figures available with the Election Commission revealed that 30 years back, with their 13 per cent representation of the total population, the upper castes intelligentsia had 45 per cent representatives in Bihar Assembly.

The outcome of the February polls, after 15 years of Mandalisation of Bihar politics, the same 13 per cent upper caste intelligentsia had 27 per cent representation in Bihar assembly, which though less than 45 per cent, but was yet more than double of their population percentage.

And nothing perhaps symbolise better than the role played by the upper-caste dominated middle class intelligentsia in influencing the social endorsement with the consideration of Yadavs, by none other than the backward castes under the same OBC category, as representatives of forward castes following the failure of Mr Lalu Prasad to empower their castes as like the Yadavs during 15 years of RJD rule.

Mr Roy thus sought to sum up saying that either as “backroom boys” or as “leaders”, the middle class intelligentsia dominated by upper castes, in any part of the country including Bihar, always influenced the social changes, obviously not at the cost of their social interests.

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BJP assures support
Tribune News Service

New Delhi, November 22
With the NDA winning a comfortable majority in Bihar Assembly election, the BJP today said that there would be “complete coordination” with the JD(U) in government formation and took exception to suggestions of differences with its senior alliance partner in the state.

“There is absolutely no contradiction between the BJP and JD(U). We fought the elections on a common agenda and will proceed further (in government formation) with ease,” BJP General Secretary Arun Jaitley told correspondents.

Attributing the poor showing of RJD-led Secular Democratic Front to its “unconstitutional” behaviour after the February elections, which threw up a hung Assembly, he said “all sections of the society backed the NDA in the elections.”

“The results have proved that people of Bihar want governance, rule of law and development. You just cannot fool people all the time,” Mr Jaitley stressed.

On the adverse results of the Ramvilas Paswan-led LJP, which had campaigned for a Muslim Chief Minister, the BJP leader said “the politics he was trying to pursue was not a substitute for governance.”

Asked about the possibility of having a Deputy chief minister, he said “those are all details that can be worked out later.”

On the absence of Hindutva as a poll plank, the BJP General Secretary, in charge of elections in Bihar, said, “law and order situation, development, and bringing together divided sections of the society were issues on which the NDA fought as a single cohesive unit.”

Earlier, BJP President L K Advani gave full credit to Mr Nitish Kumar for the alliance’s sweep in Bihar elections saying that it would have no impact on his decision to step down as party chief next month.

“I believe that Nitish Kumar’s performance as Union Minister gave the NDA campaign a credibility that there will be dynamism and honesty in a government led by him,” Mr Advani said here.

The BJP chief said he was happy that that the outcome of the Bihar polls indicated that equations of caste and community were no longer important and that people wanted “good governance, development and security. A conscious effort was made by my party towards this since 1997.”

Party Vice President Mukhtar Abbas Naqvi said the verdict would prove to be a “major turning point” in Indian politics”.

“The results herald a very happy end to Lalu Prasad Yadav’s jungle, joker and zaalim Raj. It is also a vote against the confusing, contradictory and anti-people policies of the Congress-led UPA Government at the Centre”, he said.

“It would not only serve as a morale booster for the BJP-led NDA at the Centre but also prove to be a turning point in Indian politics”, he said.

BJP leader Uma Bharati, who had campaigned for the alliance, said the electoral verdict proved that Lalu Prasad was a “destructive man” and demanded resignation and apology from Prime Minister Manmohan Singh for describing the RJD chief as a man of development.

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NDA victory margin shock for Congress
Anita Katyal
Tribune N ews Service

New Delhi, November 22
The Congress was today struggling to put up a brave face as its huge victories in the Maharashtra by-elections were eclipsed by its dismal performance in the Bihar Assembly elections.

Although all exit polls and the Congress party’s own feedback had indicated that its main ally, the Lalu Prasad Yadav-led Rashtriya Janata Dal (RJD), was gradually loosing steam, the scale of NDA’s victory came as a shock for it. The Congress itself was unable to go beyond nine seats though its election managers had predicted they would double their numbers.

While attributing the result to anti-incumbency, the electorate’s burning desire for a change and the inability of secular forces to fight unitedly, a section of Congress leaders are taking a more positive view of today’s developments. Leaders, who have never been happy with the party playing second fiddle to the RJD, believe the verdict signals the beginning of the end of caste politics in Bihar and will provide an opportunity to the Congress to strengthen itself in this state where it has been reduced to a marginal force.

“We can now hope to break free of the RJD and chart our own independent course,” said a senior AICC functionary, indicating that this demand will gather momentum.

The more optimistic in the Congress believe the RJD defeat is actually a blessing in disguise as a weakened Lalu Prasad Yadav will be more subdued now and he will be easier to manage given his greater dependency on the UPA government at the Centre.

They also dismissed reports that tensions within the UPA will escalate as a wounded RJD chief will press for his bete noire Ram Vilas Paswan’s ouster from the ruling coalition for letting down the secular forces. The Congress is unlikely to accede to this demand as it will not like to weaken the UPA by pushing out an ally and, in the process, alienating the Dalits.

Even more optimistic Congress leaders were already talking of a realignment of political forces in Bihar with old friends Lalu Prasad Yadav and Nitish Kumar coming together once again. They based this prediction on the Mr. Nitish Kumar’s antipathy to BJP’s Hindutva agenda.

On record, however, the Congress took a more philosophical view of today’s results. “In electoral politics, victory and defeat goes hand in hand. It is clear that people in Bihar wanted a change,” remarked Mrs. Ambika Soni, Chairperson, AICC media department, stating that there was a clear anti-establishment sentiment which worked against their alliance. Although she did not name LJP leader Ram Vilas Paswan, she admitted that had the UPA partners contested together, it would have been a different election.

Mrs Soni also rubbished reports that the Bihar results will weaken the UPA government at the Centre and recalled how the NDA had lasted its full term even though it lost several important assembly polls when it was in power. There was no word from Congress president Sonia Gandhi today though it is expected that her views will be reflected in her speech at the customary meeting of the Congress Parliamentary Party (CPP), slated for November 25 or 28.

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Rebuilding Bihar a challenge, says George
Tribune News Service

New Delhi, November 22
Holding out the promise of rebuilding Bihar, the Janata Dal (United) today hailed the people’s verdict as an end of their 12-year-long struggle to overthrow a corrupt regime.

Addressing party workers and mediapersons at the JD(U) party office here this afternoon, NDA Convener and Janata Dal (United) President George Fernandes said the task ahead was challenging but they would strive to match the expectations of the people of Bihar.

Although there were murmurs of dissension among party workers over the choice of the chief ministerial candidate, the JD(U) President reiterated that Nitish was the chief ministerial candidate.

The Chairman of the JD(U) Parliamentary Board, Mr Sharad Yadav, gave an indication of “a lot of struggle ahead” while responding to a question on the choice of the chief ministerial candidate.

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Left bickering continues
Tribune News Service

New Delhi, November 22
The fall of the Mandal messiah has left the Communists bickering and blaming each other for the defeat of Lalu Prasad’s Rashtriya Janata Dal after 15 years of rule and the return of the Nitish Kumar-led NDA coalition.

Neither did the Left parties contest all the 243 seats in the state Assembly to capture power nor did any opinion or exit polls indicate a wave in their favour.

While the CPM, which has little base in Bihar, blamed the “third front” which has the CPI, RSP and CPI (ML) as its constituents, for the division of secular votes and the defeat of the RJD-Congress combine in the state, the front reasoned the debacle on the decade and a half misrule of the state by Lalu Prasad.

And, the row is not confined to electoral battle alone. They are debating whether Ram Vilas Paswan of the Lok Janshakti Party should remain in the Manmohan Singh-led UPA coalition as he was the prime mover for the formation of “third front.”

While the CPM, which is the big brother in the Left Front, giving outside support to the UPA coalition, indicated the need to ponder whether Paswan should be part of the Manmohan Singh government, the CPI and RSP opposed reports about demands that the LJP leader should be ousted from the ruling UPA coalition at the Centre for causing the secular votes to split.

“Yes, the division in the secular vote had benefited the communal forces,” CPM leader Sitaram Yechury told reporters.

“We do not subscribe to the view that Paswan should be thrown out. If any responsibility for the defeat is to be taken, it is the RJD leadership for 15 years of misdeeds,” CPI leader Gurudas Dasgupta said.

To a question about Paswan being blamed for the defeat of secular forces, CPI National Secretary D. Raja said no individual should be targeted.

RSP leader Abani Roy also blamed RJD’s “misrule” for the poll debacle and said even in the last assembly poll, “his egotistic attitude took the toll”.

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Arrest warrant against Mamata
Tribune News Service

Kolkata, November 22
The Trinamool Congress MP, Ms Mamata Banerjee, and other TMC leaders are now facing the warrants of arrest on the charges of rioting and other criminal activities in a 10-year-old case.

The leaders include Mr Saugata Roy, Mr Sadan Pande, Mr Sovondev Chattopadhyya, Mr Sanjay Banshi, Ms Sonali Guha- all MLAs. They have been directed to surrender before the Chief Judicial Magistrate, Barasat, North 24-Parganas before December 17.

The warrants of arrest against Ms Banerjee and others were issued on November 11 last in connection with the TMC’s law violation on February 22, 1994.

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20 BJP youth hurt in lathi charge

Lucknow, November 22
At least 20 Bhartiya Janata Yuva Morcha (BJYM) activists were injured when the police resorted to lathicharge to prevent a mob of the BJP youth wing proceeding to gherao the Vidhan Bhavan here today against the recent communal violence in Mau.

Two police personnel sustained injuries in clashes with the BJYM workers.

The police resorted to lathicharge twice to control the mob that was proceeding towards the Vidhan Bhavan and then to the Raj Bhavan.

Meanwhile, the recent Mau riots rocked both Houses of Uttar Pradesh Assembly today with a joint opposition demanding a CBI inquiry into the communal clashes, forcing adjournment of the lower House for the day and that of the upper for an hour on the issue. — UNI, PTI

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Oppn to take up Natwar issue
Parliament session begins today
Tribune News Service

New Delhi, November 22
Enthused by spectacular results in Assembly elections in Bihar, the NDA will take on the UPA government full steam turning the winter session of Parliament, starting on November 23, stormy and tumultuous as the Opposition appears to be determined to expose the Manmohan Singh government on issues, including the raging Volcker controversy and the policy on Iran.

The NDA, clamouring for action on the UN report, will miss no opportunity to give the UPA a tough time during the 17 working days of the month-long session.

The fact that the Prime Minister has dropped his plans to attend the Commonwealth Heads of Government Meeting (CHOGM) from November 25 to 27 in Malta is a clear sign of the government’s nervousness.

Maoist and Naxalite “Operation Jail Break” in Jehanabad early this month, Mitrokhin papers, Bihar Assembly dissolution and role of Governor Buta Singh, continuing violence in Jammu and Kashmir along with other issues, would take the centre stage in the two houses of Parliament forcing the government to go on the back foot.

The BJP has already begun an exercise to work out its strategy for the session. The party has shortlisted 45 issues it plans to raise in Parliament, including the demand for a white paper on the alleged foreign funding of the Indian polity detailed in the accounts of former KGB agent Vasily Mitrokhin.

The results of the Bihar Assembly elections, which have surprised even the NDA partners, have obviously emboldened the Opposition.

The NDA, not satisfied with the removal of Mr Natwar Singh, from the External Affairs ministry is insisting that he should be removed from the Council of Ministers. They also want Congress president Sonia Gandhi to quit as head of the National Advisory Council, a post funded through the public exchequer, because her party has also figured on the list of non-contractual beneficiaries.

The rise in prices of essential commodities, including petroleum products, inflation, the spurt in militant attacks in Jammu and Kashmir and other places and religion-based reservation in Andhra Pradesh and in Aligarh Muslim University are some of the issues the Opposition is poised to raise.

Both Opposition and Left parties are opposed to allowing foreign direct investment in the retail sector, while the government is inclined to permit it.

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Salem’s statement opened
Tribune News Service

Mumbai, November 22
The TADA court here today opened the confessional statement of gangster Abu Salem, though details were not examined by the court. According to the CBI, the statement pertains to the gangster accepting his role in the 1993 serial bomb blasts.

The court may look at the statement on Wednesday when the CBI appeals for a further extention of Salem’s remand.

TADA judge Pramod D Kode, who opened the envelopes, however, refused to hand over the copy of the statement to the defence counsel. 

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Satish Sharma discharged in petrol pump scam
Legal Correspondent

New Delhi, November 22
In a major relief to a Congress leader, Capt Satish Sharma, a Special Court here today discharged him in all 15 cases of "illegal" allotment of petrol pumps while he was Petroleum Minister in the Narasimha Rao government.

Special CBI Judge Pratibha Rani passed the order for the discharge of Sharma, facing charges under the Prevention of Corruption Act (PCA) after the Union Home Ministry had declined the agency sanction to prosecute him.

Since Sharma was discharged because the denial of sanction, which was mandatory for a public servant, the court said the prosecution against the persons who were benefited from his largesse, would continue.

Earlier, the court in several hearings had refused to pass any order till it had not taken approval from the Supreme Court as the case in the petrol pump scam was registered at its direction.

But after the CBI counsel in its arguments contended that no approval of the apex court was required, the Special Judge finally passed an order for his discharge.

The court, however, said the cases against those who had benefited from his largesse would continue as there was no question of sanction involved against them.

Sharma was accused of allotting petrol pumps and gas agencies to close friends, relatives and known persons between 1993-96 when he was Petroleum Minister, according the FIR registered by the CBI.

The CBI had filed a report for the closure of the cases before the court after the sanction was denied to it by the UPA government.

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New LPG connections from Dec 1
Tribune News Service

New Delhi, November 22
With the improvement in the supply of LPG, the Consultative Committee attached to the Petroleum Ministry has asked oil companies to resume the release of new connections from December 1, 2005.

The companies were earlier directed to restrict the release of new connections following shortage of LPG in the market.

At a meeting held here today, Petroleum Minister Mani Shankar Aiyar said the LPG backlog in the country was only 8.5 TMT while the national average monthly requirement was 900 TMT. He said the country had only shortfall of around 1per cent in LPG.

Mr Aiyar called for strict action against diversion of LPG for non-domestic use and urged the members to take up the matter with various state governments which are empowered under the EC Act to take punitive action against the erring dealers.

The members urged to stress dual pricing for subsidised LPG (domestic) and kerosene (TDS) by retaining subsidies for the poor and below poverty line families and at market price for others.

Responding to the suggestion, Aiyar pointed out that the issue had wider implication and need in-depth consideration specially as the subsidies and the under recoveries on these two products were about Rs10,000 crore each annually.

Mr Aiyar also informed the members about the Jan Kerosene Pariyojana which was aimed at ensuring delivery of subsidised kerosene to the targeted persons.

He said he would soon hold a meeting of the Chief Vigilance Officers of various companies with a focus on checking the menace of diversion of subsidised LPG and kerosene and adulteration of other petroleum products.

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NHRC rejects clarification plea
S.S. Negi
Legal Correspondent

New Delhi, November 22
The National Human Rights Commission (NHRC) probing “unlawful cremations” in Punjab during militancy on the orders of the Supreme Court, has rejected a petition of a private body taking up the cause of victims and seeking “clarification” form the panel about the nature of compensation awarded by it last year to the kin of 109 victims.

The Committee of Information and Initiative on Punjab (CIIP) taking up the cause of victims along with another rights body Committee for Coordination on Disappearances in Punjab (CCDP), had also sought permission to raise any other issue that might crop up during the proceedings on the matter.

Disapproving the “intemperate and objectionable language” used by the CIIP in its plea, a four-member Bench of the NHRC, headed by its Chairman Justice A S Anand said “we reject and dismiss the petition” filed by the committee.

The CIIP had alleged that the NHRC while dealing with the “unlawful cremation” of 2,097 bodies of victims in Amritsar district during the militancy, had failed to ”appreciate the import of the Supreme Court direction to the effect that it shall decide all issues that may be raised by counsel for the parties before it while considering the scope of inquiry pursuant to the remit (of the case)” to the panel in two separate orders passed by it in 1998 and 1999 by way of which the matter was handed over to the panel.

The Commission in its 25-page verdict, issued recently disposed the CIIP application, saying its counsel during the proceedings on the matter had sought clarification on the award of the compensation and inquiry into the “pattern of killings and manner of death” from the NHRC. It said while the cases of the nature of deaths of these persons were being probed by the CBI as per the Supreme Court orders, the panel was not supposed to issue clarification how it had decided the compensation amount.

The CIIP had said that the compensation of Rs 2.72 crore, awarded by the NHRC to the families of 109 victims cremated “unlawfully” by the police, ordered by it on November 11 last year, was “inadequate” and the panel should “clarify its stand with regard to the award… whether it is by way of interim relief or final compensation.”

Taking into account the submissions made by Solicitor General GE Vahanvati and advocate R S Suri, appearing for the Punjab government that the compensation had already been paid to most of the kin of 109 victims, barring a few, the NHRC said, “we, therefore record our strong disapproval against the intemperate and objectionable language used by the petitioner and hope that they shall be careful in future.”

“We leave the matter at that and say no more on this aspect,” said the NHRC Bench having Justice Shivaraj V Patil, Justice Y Bhaskar Rao and member R S Kalaha as other members.

“The order of November 11, 2004 is clear…no clarification of any stand of the Commission is required,” the NHRC said adding “it is unknown to legal jurisprudence that the panel be asked by a party to clarify its stand with respect to the award made by it.

The apex court had taken cognizance of the matter in 1996 when the issue of “unlawful cremations” was brought before it in two writ petitions by Shiromani Akali Dal human rights wing after the sudden “disappearance” of its general secretary JS Khalra in 1995 when militancy in Punjab was at its peak.

As per the CBI report submitted to Supreme Court of the 2,097 cases of “unlawful cremations” the bodies of 585 victims were fully identified, 247 were partially identified and 1238 remained unidentified.

Meanwhile, the Punjab Government counsel R S Suri was given time by the NHRC to submit its reply on related matter and award of compensation to each family of the victim while fixing further hearing on December 5.

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