New Delhi, July 5
The law passed by Kerala and an executive order issued by Andhra Pradesh aimed at extending reservation to unaided private institutions and minority colleges, was today challenged in the Supreme Court in two separate writ petition on the ground that such provisions hit a blow at the basic structure of the Constitution.

While the enactment of new law by Kerala was challenged by an association of private colleges in the state, the executive order of Andhra Pradesh was challenged by Dar-us-Salam Education Trust.

Senior advocate Mukul Rohtagi made a mention of filing of the petition against the Kerala law before a Bench, headed by Chief Justice Y K Sabharwal, arguing that no state government could be permitted to pass a legislation which would negate the constitutional provision.

“If every state is allowed to pass a law like this, then it will have far- reaching consequences as it hits at the basic structure of the Constitution,” he said.

In the Andhra Pradesh case, advocate T M Mohammed Youseff told another Bench headed by Mr Justice K G Balakrishnan that the state government had no power to issue executive orders in this manner.

Rohtagi said the Kerala law had in fact negated the apex court’s rulings in T M A Pai, Unikrishnan and Inamdar cases on private colleges’ status and has virtually nationalised medical education.

It had done away with holding of separate common entrance test (CET) by the association of private colleges, giving full control to government in this regard and fixation of the fee.

It has said that the quota in unaided minority and non-minority colleges will not be done away with and the government would decide which was the minority institution, Mr Rohtagi told the court.

Both Benches fixed hearing in the matter for July 7 after counsel for the petitioners said this was an urgent matter as the new developments would affect thousands of students aspiring to get admissions this year.

In another case related to the disputed Andhra Pradesh law providing 5 per cent reservation to Muslims in the state, the Chief Justice’s Bench refused to grant interim concession for admitting the students from the community in state medical colleges under the quota till the issue was finally decided by the apex court.

The petition to this effect was moved by Jamat-Ulema-Hind, contending that till the Andhra Pradesh law was struck down by the High Court and government’s appeal admitted by the apex court last year, backward students from the Muslim community in the state had already got admission benefit under the 5 per cent quota.

New Delhi, July 5
A Delhi court today granted bail to Mukesh Bajaj and Raj Rani Jaiswal, two of the six accused in the high profile Navy war room leak case.

The court ordered both accused to sign a personal bond of Rs 1 lakh each and a surety of the like amount. Passing the order on the bail application filed under Section 167 (2) CrPC, the court observed that the CBI had conceded that the investigation against the two accused was not yet complete.

The CBI had filed a fresh charge sheet on July 3 against five other accused in the case, including Navy Chief Admiral Arun Prakash's nephew Ravi Shankaran, who was still absconding.

However, the agency had not then named Bajaj and Jaiswal in the charge sheet saying that it needed time for further investigation into the role played by the two in leaking sensitive documents from highly restricted defence areas.

The CBI had added that a supplementary charge sheet might be filed on receiving conclusive proof against Bajaj and Jaiswal.

New Delhi, July 5
As part of the implementation of judicial reform programme aimed at reducing the huge burden of 2.91 crore cases , the concept of plea bargaining, introduced in the century-old Code of Criminal Procedure (CrPC), came into force today.

It gives an option to an accused in non-heinous crimes to bargain for reduced sentence in trial court in lieu of compensation to the victim.

The changed law will be applicable only to the offences where maximum punishment is seven years’ imprisonment. On acceptance of the bargaining plea of an accused by the trial court, the punishment will be reduced to the half of the liable sentence after he agrees to compensate the victim to the satisfaction of the trial judge.

The Union Home Ministry, which issued a notification for the implementing the CrPC amendment last night, said it would come into force with immediate effect.

This introduces the concept of US legal system in India where an accused in lesser serious offences was allowed to negotiate with the victim to get a reduced punishment if he had adequately compensated him or her.

The concept of plea bargaining, introduced on the recommendation of the Law Commission, will not be applicable in serious offences like murder, attempt to murder, crimes against women and children, Scheduled Castes and Scheduled Tribes, ministry officials said.

The other offences kept away from the ambit of the plea bargaining include cases of sedition and social crimes like sati and white collar crimes like money laundering.

The main purpose of introducing the concept is to ensure that the cases where the punishment was up to seven years were sifted out of the massive burden of criminal cases so that courts can concentrate on disposal of the cases of serious crimes faster.

There was no immediate data available as how many of the 2.91 crore cases would be sifted out on account of the amended provision. But Home Ministry officials were hopeful that at least over 50,000 cases of lesser crimes would be disposed of.

Mutually satisfactory disposition between the parties and giving option by the accused “voluntarily” to invoke the provision was mandatory to ensure that he was not doing it under any pressure.

Both the parties will be required to furnish affidavit before the trial court to its satisfaction that there was no pressure on any of them to take the benefit of the changed law.

After the court was satisfied about the fulfillment of the conditions, it will provide an opportunity to the accused and to the victim to negotiate the compensation and come to the court with the evidence of “mutual satisfaction”.

On the completion of formalities, the case will be placed before the trial judge to hear argument on reduced sentence. In first time offences, the courts will even be empowered to release the accused on probation to observe his conduct during the probation period.

There will be no provision of appeal in the higher court against the cases settled under the plea bargaining provision.

New Delhi, July 5
In an interesting development, the Bar Council of India (BCI), the apex body for lawyers in the country, yesterday moved the Supreme Court to challenge enrolment of Christian priests and nuns as advocates, allowed by the Kerala High Court.

A Bench of Justice B.N. Agrawal and Justice P.P. Naolekar took cognizance of the BCI appeal against the high court order and issued notices to Thomas P.C., Mary Tresa P.J., Thressia C T, appointed as advocates and asked them to submit their replies.

But the Bench refused to grant an interim stay on the high court's order of March 21 allowing their registration as advocates.

The apex court said the BCI had raised important question of law, which needed to be “conclusively” settled.

The BCI challenged the high court order on the ground that priesthood was an independent profession and any such person in spite of holding law degree could not be enrolled as an advocate under the BCI rules and the Advocates Act.

Besides, it said that the high court failed to appreciate that the priests and nuns have certain commitments to their faith.

“Though they remain as ordinary human beings, they cease to be a civil person by their convention as priests or nuns by undergoing that ceremony...Hence, under the Canon Law they shall not have the liberty to enrol as advocates,” the lawyers body said adding that as per the Canon Law nuns and priests were in a full time profession.

Begusarai (Bihar), July 5
A group of drunken Army jawans allegedly stripped and tortured a passenger on the Guwahati-New Delhi North East Express. The jawans were arrested and a case has been registered against them, Railway Protection Force sources said today.

Parmatma Yadav of Balia, Uttar Pradesh, was stripped and forced to run naked in aisle of the train, near here last night, RPF Assistant Commissioner Mahtab Khan and Barauni RPF officer-in-charge O. A Khan told PTI.

The jawans allegedly hurled abuses and beat up other passengers in a compartment of the train, to force them out, the sources said. The army headquarters have been informed about the incident.

When the train reached Barauni, the jawans drove out the passengers and threw their belongings on the platform, the victims complained to the Government Railway Police and the RPF.

GRP and RPF personnel arrested nine jawans identified as- Navraj Sharma, Rajendra Singh, Digvijay Singh, Mohd Imtiyaz Khan, Mandeep Singh, Hira Singh, Vijaypal Sant, Ram Singh and Shashipal. An FIR has been registered with the GRP on the basis of a complaint lodged by Parmatma Yadav. — PTI

New Delhi, July 5
Following pressure from the Left and strong objections from Rural Development Minister Raghuvansh Prasad Singh, the Centre has decided to retain the existing minimum wage structure under the National Rural Employment Guarantee Act.

The decision was taken at a meeting chaired by Prime Minister Manmohan Singh, which was attended by Finance Minister P. Chidambaram, Defence Minister Pranab Mukherjee, Planning Commission Deputy Chairman Montek Singh Ahluwalia and Mr Raghuvansh Prasad Singh. The Finance Ministry had suggested pegging the minimum wage at a uniform rate of Rs 60 per day under the Act.

Mr Mukherjee said later that there was no difference of opinion and it had been decided that the existing arrangement would continue. He said the scheme was not yet fully operational as five states had Assembly poll recently. Mr Mukherjee said the government would review the situation after the programme was fully operational.

The CPI had objected to the proposal mooted by the Finance Ministry and cautioned the government against being the party to such an “anti-poor, anti-labour” proposal. CPI leaders had warned that any change in the Minimum Wages Act would be construed as interference in the affairs of the states and it would not be tolerated by trade unions in states where minimum wages are higher than Rs 60.