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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Gujarat riot cases
SC not powerless to intervene
New Delhi, November 22
The Supreme Court today said in uncertain terms that it was not powerless to bring the criminal justice system back on rails if it was found to be de-railed in Gujarat riots cases. This was stated by the court while hearing a fresh application moved by the Gujarat Government, seeking dismissal of the petitions of the National Human Rights Commission and some others for transfer of 17 cases.

Oppn to go all out on Arunachal today
New Delhi, November 22
The Opposition will launch its first offensive against the UPA government tomorrow when it will demand that Parliament should pass a resolution stating categorically that Arunachal Pradesh is an integral part of India.

Women’s bodies to fight ‘insensitive’ govt
New Delhi, November 22
Reacting sharply to the non-inclusion of Women's Reservation Bill in the list of legislative business for the ongoing winter session of Parliament, women organisations today said they would not take it lightly and resort to peaceful protest against the government's “irresponsible mischief”.

Terrorism: UPA groping in dark
New Delhi, November 22
Former Prime Minister Atal Bihari Vajpayee today lashed out at the UPA Government saying that it was totally confused about tackling terrorism in the country and was without a policy to address the serious issue.





EARLIER STORIES


Mulayam, Maya — A study in contrasts
Lucknow, November 22
They are a study in contrasts. The low-key observance of Chief Minister Mulayam Singh Yadav’s 68th birthday today was strikingly different from BSP chief Mayawati’s glitzy style of celebrating her birthday.

Samajwadi Party activists block a train on ‘Sangharsh Diwas’, the birthday of U.P. Chief Minister Mulayam Singh Yadav, at Allahabad railway station, on Wednesday. — PTI photo

BIRTHDAY BASH
Samajwadi Party activists block a train on ‘Sangharsh Diwas’, the birthday of U.P. Chief Minister Mulayam Singh Yadav, at Allahabad railway station

LS, RS mourn Kanshi’s death
New Delhi, November 22
Both the Houses of the Parliament were adjourned for the day soon after the Winter Session began. The Lok Sabha was adjourned after paying homage to BSP leader Kanshi Ram and four other former members who passed away recently.

Access with equity is the key: Arjun
New Delhi, November 22
Union Human Resource Development Minister Arjun Singh today said knowledge should not become an uphill task to those at the lowest rung. He said access with equity had to remain our primary objective.

Nitish against quota for Muslims
New Delhi, November 22
Bihar Chief Minister Nitish Kumar today opposed reservation for Muslims on the basis of religion on the plea that it would "unconstitutional" and would also prove to be dangerous for society.

12 charred to death in factory fire
Kolkata, November 22
At least 12 persons were burnt alive when a fire broke out at a leather factory in the Topsia area at Tangra, in central Calcutta last night. Official sources, however, put the death figure at 10.

EC sends notice to Karnataka minister
New Delhi, November 22
The Election Commission has issued a show-cause notice to a Karnataka minister for allegedly violating the model code of conduct during electioneering in the Chamundeswari Assembly constituency where a byelection is scheduled for December 4.

Bihar to have ATS
Patna, November 22
On the lines of the one in Mumbai, the Nitish Government has decided to form an anti-terrorism squad in the backdrop of the terrorist activity in the state.

Videos
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Gujarat riot cases
SC not powerless to intervene
S.S Negi
Legal Correspondent

New Delhi, November 22
The Supreme Court today said in uncertain terms that it was not powerless to bring the criminal justice system back on rails if it was found to be de-railed in Gujarat riots cases.

This was stated by the court while hearing a fresh application moved by the Gujarat Government, seeking dismissal of the petitions of the National Human Rights Commission (NHRC) and some others for transfer of 17 cases.

“Do you mean to say that we are powerless. We have to ensure that criminal justice system is not derailed. Don’t compare other cases with Gujarat riots, these are peculiar cases,” a Bench of Mr Justice K.G Balakrishnan, Mr Justice Lokeshwar Singh Panta and Mr Justice D.K Jain told Gujarat Government counsel and those appearing for several accused.

The court made it clear that it could not oversight the facts that chargesheets were not properly filed, CrPC procedure was completely forgotten, postmortem of bodies not had not been performed, they were buried without it and doctors had testified falsely.

All these aspects have to be looked into, which unfortunately had been given a go-by by the investigating agencies in the state, the Bench said pointing out that the apex court’s powers in such matters could not be confined strictly to the four corners of CrPC.

It also referred to various reports of the Law Commission and specially Justice Malimath Committee report, recommending drastic improvement in the criminal justice system in the wake such aberrations.

Gujarat Government counsel Saurabh Kirpal sought dismissal of the public interest litigations (PILs) of NHRC and others, citing apex court’s recent judgement in Railway Minister Lalu Prasad’s case that the PILs had no role to play in cases of crime.

The PILs moved in 2003 in the wake of failure of the Best Bakery case, had alleged that the state police had not investigated the cases properly and even closed over 1900 FIRs. The closed cases were later reopened on the apex court order.

While taking on record the Gujarat Government’s application, the court directed the NHRC and other petitioners to file their replies to it. Senior advocate Harish Salve, appointed amicus curiae in riot matters, was also directed to submit his reply and brief summary of each case so that arguments on maintainability of the application could be heard from February 20 next.

Salve said these were not simple matters as question of witness protection, rights of victims, fresh scrutiny of the 1900 cases reopened and to what extent the apex court could go in issuing direction to trial courts in such an eventuality, has to be looked into.

Former Additional Solicitor General K.T.S Tulsi, appearing for several accused, insisted that the role of PIL was “foreign” in criminal cases, which have to be dealt with strictly as per the CrPC procedure for filing of applications by victims and complainants before trial judge, who is the only competent authority to decide whether investigation was proper and chargesheets had been filed accordingly.

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Oppn to go all out on Arunachal today
Tribune News Service

New Delhi, November 22
The Opposition will launch its first offensive against the UPA government tomorrow when it will demand that Parliament should pass a resolution stating categorically that Arunachal Pradesh is an integral part of India.

The tone for the upcoming attack on the ruling combine was set today when the BJP accused the government for being soft on terrorism at an impressive rally today where it sought the execution of the death sentence awarded to Parliament House attack accused Afzal Guru.

The BJP move on Arunachal Pradesh is essentially designed to embarrass the government, coming at a time when the Chinese President Hu Jintao is still on Indian soil and only two days after New Delhi and Beijing pledged to further build on their bilateral ties.

Stating that they will raise this issue in both Houses of Parliament tomorrow, Mr V.K. Malhotra, BJP’s deputy leader in the Lok Sabha, said, “We will demand that Parliament pass a resolution reaffirming that Arunachal Pradesh is an integral part of India on the same lines as the resolution adopted on Jammu and Kashmir.”

The BJP will express its objections to the Chinese Ambassador’s recent interview in which he was reported to have said that the entire state of Arunachal Pradesh belongs to China. Waving the nationalist flag, the BJP will attempt to put the UPA government on the mat for its inability to protect the country’s interests.

The government, on its part, is hoping this matter does not blow up into a major controversy as it will be difficult for the Centre to accept such a demand. Sources in the UPA said Beijing had already clarified its position on the boundary dispute and, in any case, the two countries have set up joint working groups and appointed special representatives to deal with this long-standing problem.

Bringing such a resolution at this juncture would only queer the pitch, it was stated. In addition to the Arunachal Pradesh issue, it was decided that internal security and the sealing operations in Delhi will be taken for discussion in Parliament next week.

Talking to mediapersons after the meetings of the business advisory committees of both Houses, Parliamentary affairs minister Priyaranjan Dasmunsi said it was also agreed to have a discussion on price rise and mid-term appraisal of Panchayati Raj. He said if possible one of these debates could commence tomorrow itself.

The Sachar committee report is expected to be tabled in Parliament next Tuesday while External Affairs Minister Pranab Mukherjee will provide an update, as demanded by members, on the Indo-US civil nuclear deal.

Mr Dasmunsi said three Bills, including the Jallianwala Bagh Memorial (Amendment) Bill, were listed for discussion and passage in the next two days of this week.

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Women’s bodies to fight ‘insensitive’ govt
Tribune News Service

New Delhi, November 22
Reacting sharply to the non-inclusion of Women's Reservation Bill in the list of legislative business for the ongoing winter session of Parliament, women organisations today said they would not take it lightly and resort to peaceful protest against the government's “irresponsible mischief”.

They have also given a call to women across the country to boycott elections.

Eight women organisations, including the All India Women's Conference, Centre for Social Research, Mahila Dakshta Samiti, Joint Women's Programme and students of Delhi University, have joined hands to oppose what they call the government's insensitive attitude towards women.

Addressing a Press conference here today ahead of a rally on Friday to press for tabling and passage of the Women's Reservation Bill, the Director of Centre for Social Research (CSR), Ranjana Kumari said, “The Congress-led UPA Government is using the excuse of lack of consensus on the Bill, like the NDA. There is no difference between the two regimes in their stand on the Women's Reservation Bill. All persons sitting in Parliament at the moment are totally insensitive to women. The question is whether women should only be voters or should they also get to share power? Women are only expected to vote but not participate in governance.''

She said RJD President Lalu Prasad, Samajwadi Party Chief Mulayam Singh Yadav and DMK MP Dayanidhi Maran are the three “anti women faces” among the politicians.

Asked if UPA Chairperson Sonia Gandhi is also insensitive to women, Ranjana Kumari said, “You can draw your own conclusions”.

The CSR Director said women activists had spent 11 years fighting for the Women's Reservation Bill and wondered how much more would they have to fight to get what is due to them as a natural right.

Meanwhile, a six-member women's delegation led by Sudha Sundararaman of the All India Democratic Women's Association met the Lok Sabha Speaker Somnath Chatterjee here today to seek his intervention in the introduction and passage of the Women's Reservation Bill. According to a press note issued by the Speaker's office, Mr Chatterjee told the delegation, “Reservation for women is not a matter of charity. It is your right. Women have to be made part of the decision making process for the all round and comprehensive development of women. If women lag behind, the nation lags behind”.

The Speaker said it was high time that “we improved our position vis-a-vis women's representation in the Legislative bodies”.

The delegation comprised representatives from the National Federation of Indian Women, Joint Women's Programme and Young Women's Christian Association and Centre for Women Development Studies.

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Terrorism: UPA groping in dark
Syed Ali Ahmed
Tribune News Service

New Delhi, November 22
Former Prime Minister Atal Bihari Vajpayee today lashed out at the UPA Government saying that it was totally confused about tackling terrorism in the country and was without a policy to address the serious issue.

“The terrorist activities have become a challenge to the nation but the government was doing nothing to tackle the problem”, he said.

Addressing the BJP ‘Sankalp’ rally, the veteran leader said the country was yet to fulfil its duty towards the security guards who died fighting terrorists in an attack on Parliament on December 13, 2001.

The rally was ostensibly organised to pressurise the government to reject Afzal’s clemency petition. Afzal is a convict in the Parliament attack case.

Raising questions over the government’s dialogue with Pakistan to address the menace of terrorism, Mr Vajpayee lamented that it was not giving results. “We are not against dialogue, but what is the use? The government is not sure about its own moves," the former Prime Minister said.

"One ministry says one thing and the other says something else," he remarked, recalling that the Mumbai police had blamed Pakistan for the July train bombings.

"Still the government says it will find a solution (to terrorism) through talks. But how and in what way?" Mr Vajpayee asked.

In the wake of varying comments from different quarters in the government on Pakistan's involvement in terror activities against India, he accused the ruling UPA of inconsistency over the issue.

He appealed to the people to pressurise the UPA Government to change its security policy. If the government is not serious to formulate positive policy to tackle the major problem then the people should change the government.

Addressing the rally former Deputy Prime Minister L. K. Advani said having seen the strength of people against the clemency of Afzal the Prime Minister, Dr Manmohan Singh, and Ms Sonia Gandhi must immediately make their policy clear. If they do not make their mind clear, they will be questioned by the Opposition.

Referring to Priya Darshini Mattoo murder case he said, “When a murder case accused is given death sentence, why not Afzal who hatched the plan to attack Parliament, the highest seat of democracy.

“Attack on Parliament means attack on nation”, he said.

“Clemency is not decided by the President alone. It is sent to the Union Home Ministry. Later Cabinet ministers discuss the issue to take the decision. And it is granted in very rare cases”, he said.

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Mulayam, Maya — A study in contrasts
Shahira Naim
Tribune News Service

Lucknow, November 22
They are a study in contrasts. The low-key observance of Chief Minister Mulayam Singh Yadav’s 68th birthday today was strikingly different from BSP chief Mayawati’s glitzy style of celebrating her birthday.

Criticizing the government on the Sitapur massacre last week, Leader of the Opposition Lalji Tandon stopped mid-sentence to congratulate the Chief Minister on his birthday as Yadav set foot in the Vidhan Sabha during the debate. Congress leader Pramod Tiwari and BSP’s Swami Prasad Maurya also stood up to greet the CM on his birthday which Yadav accepted with folded hands.

Revenue Minister Ambika Chaudhury passed on good wishes to the leader of the House on behalf of all the members with Speaker Mata Prasad Pandey joining in. The formality over within minutes, the debate on the Sitapur massacre continued to which the CM responded on behalf of the government.

Officially the Samajwadi Party was observing the day as 'Vikas Diwas' across UP. Party leaders had been asked to organize community feasts for the poor. The CM, himself, remained inconspicuous by his absence at the celebrations. A number of hoardings and decorated gates which had mushroomed in the state capital congratulating the CM on his birthday were removed apparently on the orders of none else than the CM himself. He felt that the party leaders were using his birthday to publicize themselves through these hoardings.

Perhaps the only ostentatious display, besides holding community feasts for poor children and the elderly, was the youth wing cutting a 68 kg 'laddoo' to mark the occasion. In complete contrast is BSP chief Mayawati’s birthday bashes. During her media briefing in Lucknow on November 10 she had announced that party functionaries would soon be assigned responsibilities to celebrate her 51st birthday falling on January 15 this year.

The BSP leader, Ms Mayawati, approached the half-century of her life in some style on January 15 earlier this year. In a relatively modest function her mentor and party founder, Mr Kanshi Ram, had released two volumes of a book "Mere Sangharshmay Jeevan Ewam Bahujan Movement ka Safarnama" written by her.

The two volumes comprise 2,200 pages in which she had narrated her political struggle along with the movement for empowerment of Bahujan Samaj.

Her birthday bashes in the last few years have hogged media headlines though for all the wrong reasons.

Even for the 50th birthday she had asked her party leaders and workers to present hard cash instead of gold, silver or costly gifts on her birthday. Her birthday was observed as 'sahyog diwas' and she received donations for the party coffer.

The members of the Bhai-Chara Banao Committee were directed to contribute a minimum Rs 25,000 to the party fund.

Her 47th birthday bash in 2003 when she was the Chief Minister was celebrated in such style that it would have put many tycoons to shame. Laden with diamond jewellery, Ms Mayawati had declared her birthday as Swabhiman Diwas (self-respect day).

A 51kg cake, 100,000 ladoos, 60 quintals of marigold flowers and around 5,000 bouquets were among the few highlights of the day during which reportedly Rs 10 crores had been spent.

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LS, RS mourn Kanshi’s death
Tribune News Service

New Delhi, November 22
Both the Houses of the Parliament were adjourned for the day soon after the Winter Session began. The Lok Sabha was adjourned after paying homage to BSP leader Kanshi Ram and four other former members who passed away recently.

This is perhaps an attempt by the UPA Government to please its Dalit voters. Elections in five states including Punjab, Uttar Pradesh, Uttaranchal are scheduled early next year.

And Rajya Sabha was adjourned without transacting any business as a mark of respect to industrialist Lalit Suri, a sitting member of the House, who passed away last month.

Lok Sabha Speaker Somnath Chatterjee said Kanshi Ram, who died at the age of 72 on October 9, was one of the forerunners of the Dalit movement and worked ceaselessly for the welfare of oppressed and depressed sections of society.

Rajya Sabha Chairman Bhairon Singh Shekhawat described Kanshi Ram, a former member of the House, as a "champion of Dalits".

Rajya Sabha also paid homage to its sitting member Lalit Suri, who died in London at the age of 60, and four ex-members.

Besides the BSF founder, the Lok Sabha remembered its four former members -- Satyendra Narayan Sinha, Ravindra Varma, Shankararao Patil and Bhikhu Ram Jain.

Members of both the Houses stood in silence in memory of the departed members before adjourning for the day on the opening day of the Winter Session without transacting any legislative business.

Earlier, six newly-elected members of the Lok Sabha, including former Minister and BJP leader Shahnawaz Hussain, took oath today.

Mr Hussain, elected from Bhagalpur constituency, took oath in Urdu while Narahari Mahato (Forward Bloc), representing Purulia in West Bengal, took oath in Bengali.

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Access with equity is the key: Arjun
Tribune News Service

New Delhi, November 22
Union Human Resource Development Minister Arjun Singh today said knowledge should not become an uphill task to those at the lowest rung. He said access with equity had to remain our primary objective.

The minister said the National University of Educational Planning and Administration (NUEPA) should look at it on an empirical-and-innovative basis. Excellence and merit should include those out of orbit. He said NUEPA had attained the status of deemed university and had now thrown new challenges before us.

Mr Singh said education should now come to the fore as a hub of knowledge and empower the deprived sections.

He was speaking at a function organised to formally announce the National Institute of Educational Planning and Administration (NIEPA) becoming NUEPA.

He also released the million-plus primary and upper primary school report cards developed under the District Information System for Education (DISE) of the national university.

In her address, Ms D. Purandeswari, Minister of State (HRD), said education was not a goal in itself but a powerful facilitator for social change. She said secondary education was a challenge before us in the spread of literacy in India.

A former Secretary, Education, Mr Sudeep Bannerjee, who is now the Chancellor, NUEPA, said professionals should lead the education sector and business considerations should not disturb our educational objectives.

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Nitish against quota for Muslims
Tribune News Service

New Delhi, November 22
Bihar Chief Minister Nitish Kumar today opposed reservation for Muslims on the basis of religion on the plea that it would "unconstitutional" and would also prove to be dangerous for society.

“Bring them, instead, in SC/ST category and backward classes and provide them reservation which would cover most of the community”, the Chief Minister said in an exclusive interaction with senior journalists here on the completion of the first year of the JD (U)-BJP government.

Satisfied over his government's performance in the first year of his being on the chief ministerial seat, Mr Kumar said minorities have confidence in his government and BJP candidate's victory in Bhagalpur Lok Sabha byelection was a proof of it.

“The fact that a BJP candidate had won from the Bhagalpur constituency, where Muslims were more in number, showed that the community had no fear of the government that had the saffron party as a partner”, he claimed.

Muslims are satisfied with the positive steps taken by the government and Mr Kumar added that "deeds not words are working with them".

"Previous dispensation in Patna used to get support from Muslims by creating fear in their minds but we are creating confidence in them by our work like the 10-point programme for Minorities", he said.

In reply to a question, the Chief Minister expressed confidence that his government would complete five years in office.

Saying that people's expectations from his government were high, Mr Kumar added that the ground situation had transformed phenomenally in various sectors, including law and order.

The Chief Minister said though physical achievements would take time to translate because of the heavy backlog of development caused by "inaction" in governance but people have confidence that "we would deliver".

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12 charred to death in factory fire
Subhrangshgu Gupta
Tribune News service

Kolkata, November 22
At least 12 persons were burnt alive when a fire broke out at a leather factory in the Topsia area at Tangra, in central Calcutta last night.

Official sources, however, put the death figure at 10. Of the 20 persons admitted in different hospitals with severe burnt injuries, the condition of six was stated to be critical.

An administrative inquiry was ordered by the Chief Minister, Mr Buddhadeb Bhattacharjee, into the incident, which caused uproar in the State Assembly this morning. The Speaker, Mr Hashim Abdul Halim, asked the Fire Brigade Minister, Mr Pratim Chatterjee, to submit a detailed report on the incident in the House tomorrow.

According to an eye-witness’s account, the fire broke out at 12.30 pm, when only four to five workers were on duty and the remaining 30 were sleeping in the adjacent factory-cum-residential premises which was rented out to them.

The fire broke out suddenly and spread instantaneously in the entire buildings because of the existence of huge stock of oil, different chemicals, leather materials and other inflammable articles inside the premises.

Most of the workers had to remain locked inside the room since the key of the collapsible gates could not be traced immediately.

The fire brigade was called in but it arrived late, which delayed the process of extinguishing the fire. The ambulances requisitioned were not enough to carry the injured to the hospital on time. The city mayor, Mr Bikash Bhattacharjee, present on the spot admitted to the lapse this morning.

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EC sends notice to Karnataka minister
Tribune News Service

New Delhi, November 22
The Election Commission has issued a show-cause notice to a Karnataka minister for allegedly violating the model code of conduct during electioneering in the Chamundeswari Assembly constituency where a byelection is scheduled for December 4.

The Commission said it had come to its notice that Social Welfare Minister Balachandra Jarkiholi had reportedly made a statement that the state Backward Class Commission would be reconstituted by April next year. This attracted the provisions of the model code of conduct, the Commission said adding it had sought a reply from the state government.

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Bihar to have ATS
Tribune News Service

Patna, November 22
On the lines of the one in Mumbai, the Nitish Government has decided to form an anti-terrorism squad (ATS) in the backdrop of the terrorist activity in the state.

The recent arrests of two prime suspects in connection with the Mumbai blasts in local trains from Madhubani near Nepal border in Bihar reportedly prompted the state home department to ponder on this issue.

A good number of suspected ISI agents were arrested from the state in the past.

The proposed ATS in Bihar would be headed by an Indian Police Service (IPS) officer and comprise officials of the special branch of the police force.

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BRIEFLY

Conference on criminal justice
New Delhi:
A two-day international conference on 'Criminal Justice under Stress: Transnational Perspectives' will begin on November 24 here to mark the golden jubilee celebrations of the Indian Law Institute (ILI). The conference, which would focus on various issues including terrorism and the criminal justice system, will be inaugurated by President A.P.J. Abdul Kalam, K.N. Chandrasekharan Pillai, Director of the ILI, told reporters here. — PTI

Dalits to enter temple
Bhilwara:
In a significant development, Dalits, in the caste-ridden Sulia village of this district in Rajasthan, will enter a temple here on November 26, in the presence of a state minister and officials. — UNI

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