 |
|
|
Take action on quota, don’t foment casteism: SC
Political compulsions force Sonia to cancel Brussels visit
Kin of blast victims given relief
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||
|
Rajiv case convict seeks release
Rahul Gandhi shifted to HRD panel
Indo-US ties beyond N-deal: Carter
State governments ignore CRPF’s plea
Ex-minister booked in land transfer case
Another Imrana surfaces
CM gives clean chit to Health Dept
Infantry Day celebrated
3 held for e-mail threat to Kalam
|
|
Take action on quota, don’t foment casteism: SC
New Delhi, October 27 “Reservation is necessary for transcending caste and not perpetuating it and has to be used in a limited sense otherwise it will perpetuate casteism in the country,” the five-judge Constitution Bench, which dealt with various complexities of the reservation policy in the context of SC and ST quota in public employment, said. The concept of “creamy layer” and 50 per cent cap on total reservation was applied by the court in the context as a balancing act not only to allow the real needy to reap the reservation benefit but also rationalise its impact on the general category people. The court said, “There is a conceptual distinction between a non-discrimination principle and affirmative action under which the state is obliged to provide a level play field to the oppressed classes”. But at the same time the concept of equality has to be decided by taking into account the ground reality and the balancing aspect comes into picture where question about the extent of reservation are considered and if it is allowed beyond the cut-off point, then it will result in reverse discrimination. “The balancing act has to be applied in the light of backward classes seeking justice and general class seeking equality in public employment and the difficulty arose when the third variable - namely the efficiency in service - came into picture,” it said, adding that the administration could also not be allowed to suffer. On the 50 per cent ceiling on total reservation, the court said anti-discrimination legislation had a tendency of pushing towards de facto reservation therefore a numerical benchmark is the surest immunity against the charges of discrimination. The court said, “While implementing the reservation policy the state has to take into consideration the fact that the concept of equality in Article 16(1) is individual specific whereas the reservation in Article 16 (4) and 16 (4A) is an enabling clause on affirmative action on equal opportunity to the deprived sections of society”. Therefore, the implementation of the reservation policy was subject to the existence of backwardness and the extent of inadequacy of representation to backwards in public employment. “Backwardness has to be based on objective factors whereas inadequacy has to factually exist and this is where the judicial review comes in,” the court held. The inadequacy of reservation and backwardness of SCs and STs were the circumstances, which enabled the state governments to act under Article 16 (4) but this discretionary power had to be used by them as per the provisions of Article 335 making special provision of quota to SCs and STs in public employment. Besides, conflicting claims of individual rights in Article 16 (1) and equal opportunities to the backward classes has to be taken into account as “both the claims have particular objectives to be achieved”.
|
|
Political compulsions force Sonia to cancel Brussels visit
New Delhi, October 27 The winter session of Parliament is opening on November 22 and the party is yet to deliberate on the politically sensitive Supreme Court order denying promotions to a creamy layer among scheduled castes and scheduled tribes. Besides evolving the party’s position on this ticklish matter, which is expected to figure prominently in the winter session, Mrs Gandhi has also to make important organisational changes as three top level slots are at present lying vacant after Mr
A.K. Antony, Mr Oscar Fernandes and Mrs Ambika Soni moved to the government. Although it is over a week since the Supreme Court gave its order on the exclusion of creamy layer among SCs and STs and all UPA allies, including Left parties, the DMK and LJP leader Ram Vilas Paswan, had already voiced their criticism over the ruling, the Congress had been shying away from taking a view. “This the first time that the Supreme Court has applied a creamy layer cut off to SCs and
STs. They have been provided reservations in the Constitution, which chose not to limit it by any creamy layer concept. There is a scope for debate on whether a creamy layer should also apply to the judicially evolved category of
OBCs,” maintained Congress spokesperson Abhishek Singhvi. The party is clearly in a quandary. On one hand, it does not want to fall foul of the judiciary and, on the other it cannot afford to overlook the political fall-out of this order as no political party can afford to endorse the apex court’s ruling. It is also nervous that if an exception is made in the case of SCs and
STs, the powerful OBC lobby will also demand a similar concession. AICC leaders maintain the Congress will come out with its considered view after debating this issue at a specially-convened meeting of the Congress Working Committee and consulting the other UPA allies. The government could then try to forge a consensus on the matter by calling an all-party meeting, Congress insiders explained. Given the mounting political pressure, it is becoming increasingly evident that the government is veering around to adopting the “more populist political view” of rejecting the Supreme Court order on creamy layer among SCs and
STs. It has, however, to look at the various options it has to maintain the status quo. Legal experts in the Congress believe the only way it can get around the apex court’s ruling is to enact a Constitutional amendment Bill for which the government will have to get all-round political support since it requires a two-thirds majority in Parliament.
|
|
|
Kin of blast victims given relief
New Delhi, October 27 Speaking at an event organised by the All-India Anti-Terrorist Front (AIATF) to mark the first anniversary of last year’s pre-Diwali bomb blasts in Delhi, the BJP MP said that political parties were caught in an imbroglio over temples and mosques. “Political parties are engaged in a temple-mosque ‘lafra’ (imbroglio). Instead, they should be working like Mr Bitta to build humanity,” he said. Mr Sinha, along with the front chief M.S. Bitta and UNIC Director Shalini Dewan, honoured those bereaved in the pre-Diwali explosions. The AIATF presented a cheque for Rs 1 lakh to DTC bus driver Kuldeep Singh, who lost his eyesight as an unclaimed bag laced with explosives exploded immediately after he hurled it out of the vehicle to save his passengers. The front also pledged Rs 1 lakh each and complete support until marriage to the five children who lost their parents in the deadly explosions that ripped through Sarojini Nagar, Pahar Ganj and Govindpuri markets last year. It also presented mementos to nine persons, who were bereaved in the blasts. In his speech, Mr Bitta opposed clemency calls for Afzal and suggested a Punjab-type iron-fisted approach to deal with terrorism with a anti-terrorist military code. He flayed politicians for their calls to commute the death sentence of Mohammad Afzal into life
imprisonment. In an apparent reference to clemency calls for Parliament attack convict Mohammad Afzal, Mr Sinha said that such moves left him surprised because death sentence had a Constitutional mandate in India. He also added that he was personally opposed to capital punishment. “As an artiste, I am not in favour of sentencing anybody to death,” he said. Mr Sinha also maintained that fast-track courts should be set up to try terror cases. Advocating setting up of fast-track courts to try suspected terrorists, Mr Sinha regretted what he called a 14-year delay in convictions in the Bombay serial blasts. The BJP leader took the opportunity to take a dig at the government for “conflicting” statements over the suspected role of Pakistan in the Mumbai train bombings.
|
|
|
Rajiv case convict seeks release
Chennai, October 27 Originally Nalini was awarded the death sentence. But the sentence was commuted to life following intervention of Congress president Sonia Gandhi. Ms Justice Prabha Sridevan before whom the petition filed by Nalini came up for hearing, ordered notice, returnable by three weeks, to the state Home Secretary, Additional Director General of Police and Superintendent, Special Prison for Women, Vellore.
— UNI
|
|
Rahul Gandhi shifted to HRD panel
New Delhi, October 27 His request was granted after the young MP wrote to Lok Sabha Speaker, Mr Somnath Chatterjee, in this connection when the standing committees were reconstituted recently. Rahul Gandhi has evinced keen interest in matters relating to education. His first speech in the Lok Sabha was on this issue. He has also been consulting several NGOs working in this field for improving the educational facilities in his constituency
Amethi. On the face of it, Rahul Gandhi’s decision may appear innocous but AICC insiders, who are quick to read between the lines, maintain that there is more to this move. One explanation is that Congress president Sonia Gandhi wanted the young Gandhi to be under the tutelage of AICC general secretary Janardan Dwivedi, who heads the HRD standing committee. Mr Dwivedi’s proximity to Mrs Gandhi is well known. He taught her Hindi and has been writing her Hindi speeches.
|
|
|
Indo-US ties beyond N-deal: Carter
New Delhi, October 27 Mr Carter, who has come to India after nearly three decades in his new avatar of a philanthropist working for the poor and downtrodden, expressed hope that relations between the two countries would not be adversely affected if the Indo-US civil nuclear deal does not go through the American Congressional processes. In an interaction with a select group of mediapersons, the former US President attacked the Bush administration over the invasion of Iraq and found faults with Washington’s handling of the North Korean nuclear issue. In response to a question on the Indo-US civil nuclear deal, Mr Carter said he was concerned about countries which have nuclear weapons but were outside the ambit of the NPT (Nuclear Non-Proliferation Treaty). These concerns are not specific to India but at the global level, he said, pointing out that except India, Pakistan, North Korea and Israel, all nuclear weapon countries are signatories to the NPT. Mr Carter, who was the US President from 1976 to 1980, has come to India after 28 years. He said he favours promotion of NPT membership and discouragement of development of new weapons and fissile material. However, the former US President hastened to add that he has “no objection” to New Delhi “moving towards atomic energy to produce electrical power” as India has rising energy demands in view of its rapidly growing economy. Mr Carter, who met Prime Minister Manmohan Singh, said he stood by his statement that the Indo-US civil nuclear deal would be dangerous. He, however, underlined that he was not here to pursue his views or influence the Indian government on policies related to the nuclear issue. To a question, he said he saw no threat to global peace from India, which is a peace-loving and enlightened country. Asked whether he felt Indo-US ties would be affected if the nuclear deal does not go through, he said he hoped there would be no adverse impact on good relations. “The two great democracies will search for every other way to cooperate in various areas, including political and economic ones,” he said. He noted that he had read carefully the statement of the Prime Minister in Parliament wherein he said that any deviation in the July 18 understanding on the civil nuclear deal will be unacceptable to India and that he could not say what will happen to the agreement. The former US President said India is emerging as a major power in every way and its economic progress has particularly been extraordinary.
|
|
State governments ignore CRPF’s plea
New Delhi, October 27 These centres are basically a local administrative and family accommodation hub for the battalions engaged in counter-insurgency and anti-Naxal operations in various states. The Centre has been forthcoming and has already given its clearance for setting up 43 additional GCs to the CRPF with the assurance to fund the entire construction cost. However, with the state governments not cooperating and not allotting land to the CRPF, the sanction remains only on paper. The CRPF is keen on setting up GCs in worst-affected Naxal states like Chhattisgarh, Jharkhand, Bihar, Orissa and West Bengal, where 30-40 battallions are fighting the Naxals. “The CRPF is an expanding force and by next year, it will have about 200 battalions. We urgently need GCs to be set up in various states, especially in Naxalism-affected and insurgency-affected states,” CRPF Director General J.K. Sinha told The Tribune here today. “The Centre is kind to sanction us 43 GCs, but the problem is to get land allotted by the state governments,” he said adding that he was pursuing the matter with the state governments. The Centre has also written letters to various state governments in this regard. The CRPF, which is celebrating its Raising Day tomorrow, is also hopeful that the Centre will address its demand of providing insurance cover to its jawans.
|
|
Ex-minister booked in land transfer case
Patna, October 27 Official sources said cases were lodged with the Chief Judicial Magistrate (CJM) in the Patna civil court. Besides Mr Jagdanand Singh, the three other bureaucrats were former Chief Secretary G.S. Kang, Energy Department Commissioner V. Jaishankar and Water Resources Department Secretary H.C. Sirohi. The state Forest and Environment Department accused the four of transferring 5.44 acres of the Kaimur wildlife sanctuary to the Durgawati reservoir project - both in Kaimur district - near Uttar Pradesh border in violation of the Indian Wildlife Conservation Act and the Indian Forest Conservation Act. Criminal cases were filed against them under various sections of the IPC for allegedly misusing public funds for the project. Sources in the state Forest Department said 5.44 acres at Kaimur were notified in 1979 as sanctuary land. But it were de-notified for the Durgawati project in early 2000. The circular de-notifying the land was issued despite the file pending with then Chief Minister Rabri Devi. A four-member committee constituted by the Forest Department had submitted its inquiry report last month in which it recommended prosecution of these officials. The government would submit its case before the Supreme Court soon.
|
|
Another Imrana surfaces
Patna, October 27 Shahnaz Begum hails from Rahmatnagar village in Purnea district. Her husband, Samruddin, without divorcing her reportedly married another woman. Sources in the district administration said that Shahnaz Begum married Samruddin in December last year. She had filed a complaint in the court of Purnea Chief Judicial Magistrate (CJM) J.D. Mandiwal in July seeking punishment for her father-in-law and husband. A fresh petition was filed in the same court on October 16 pleading for an early hearing of the case. Shahnaz, in her application, alleged that her father-in-law on the pretext of earning a livelihood had sent his son to Mumbai immediately after their marriage. In the absence of her husband, her father-in-law, reportedly, made several attempts to get physical with her which she had resisted. “But finally she had to surrender to escape regular beatings,” sources said. When she informed her husband he did not come to her rescue and forced her to return to her father’s home in a neighbouring village. After the village panchayat failed to address the issue, she approached a ‘mufti’ who ruled that since “Shahnaz Begum had physical contact with her father-in-law, she had lost the right to be Samruddin’s wife”. Refusing to accept the verdict, Shahnaz took the matter to court and filed an application in the court of the Purnea CJM. In turn, the father-son duo filed a case against her in the district court charging her with theft. Shahnaz is now confident that justice will prevail after the recent verdict of the Muzaffarnagar court in the Imrana case convicting her father-in-law for 10 years. It was also learnt that the executive member of Amnesty International, Shaeista Ambar, who assisted Imrana in getting justice, has promised to take up Shahnaz’s case. Amnesty International was reportedly planning to send a team to Purnea soon to investigate the matter. The Purnea SP Sudhansu Kumar said since the matter was in court, the police could not initiate any action without its order.
|
|
CM gives clean chit to Health Dept
Kolkata, October 27 The defective kits supplied to government hospitals and some other health clinics in the state by a private firm in Andhra Pradesh had been spreading HIV, Hepatitis B and C infections and some other life-threatening diseases among thousands of patients undergoing treatment in government hospitals, nursing homes and elsewhere. Two days ago, the Chief Minister said at Writers Buildings that no inquiry was conducted against the Health Department officials as the employees themselves had detected the supply of faulty blood-test kits to hospitals. The Congress, Trinamool Congress and other anti-Left parties, however, demanded immediate resignation of the Health Minister, Mr Surya Kanto Mishra, and a CBI probe into the scam. The Union Health Ministry has already started an inquiry to find out whether similar test kits were supplied to some hospitals in other states. The samples of the kits supplied to the hospital in West Bengal had been sent to a clinic in Noida for examination. A huge stock of kits stored in blood banks of hospitals had also been seized. The police arrested Govind Sarda, his brother Ghanshyam Sarda and four others, including two managerial staff of the firm, Monozyme India Ltd, which had supplied over two lakhs blood-test kits worth Rs 2.5 crore to the Health Department between June 2005 and July 2006.
|
|
Infantry Day celebrated
New Delhi, October 27 Brave souls belonging to Infantry’s rank and file being the largest arm of Indian Army have made the country feel proud of them. To commemorate their bravery, gallantry and supreme sacrifice, the 29th Infantry Day was celebrated today. This day has a special significance for Infantry as it was on this day that Infantry men reversed the tide of a fierce battle in Srinagar in 1947 and saved Jammu and Kashmir from falling into Pakistani hands, thereby creating a history and legacy for idependent India. Wreaths were placed by the senior-most serving and retired Infantry officers and Director-General, Infantry. A total of 56 buglers, two from each regiment, played the last post and rouse.
|
|
3 held for e-mail threat to Kalam
Kochi, October 27 Several senior officials, including the Home Secretary and DGP, yesterday received the e-mail sent from the same ID and containing references to Mohammed Afzal Guru, facing execution for the 2001 Parliament attack, and PDP leader Abdul Nasser Madani, who is being held in connection with the Coimbatore blasts.
— PTI
|
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Mailbag | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
Videos
