SPECIAL COVERAGE
CHANDIGARH

LUDHIANA

DELHI


THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE
TERCENTENARY CELEBRATIONS
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N A T I O N

What the judges said
Justice Dharam Veer Sharma, 62

Justice Sibghat Ullah Khan, 58

Justice Sudhir Agarwal, 52

Justice Dharam Veer Sharma, Justice Sibghat Ullah Khan, Justice Sudhir Agarwal

Experts say verdict politically correct but legally wrong
New Delhi, September 30
Legal experts have expressed surprise over the Allahabad High Court verdict ordering apportionment of the disputed site at Ayodhya between Hindus and Muslims by going beyond the prayers made by the parties claiming sole ownership.


EARLIER STORIES

Chaos at media centre after verdict
Lucknow, September 30
A lawyer briefs mediapersons on the Ayodhya verdict at the media centre in Lucknow Pandemonium broke out at the special media room set up here shortly after the Allahabad High Court verdict on the Ram Janmabhoomi- Babri Masjid dispute was pronounced.







A lawyer briefs mediapersons on the Ayodhya verdict at the media centre in Lucknow on Thursday. — PTI

Ayodhya’s first title suit was filed in 1885
New Delhi, September 30
To know the origin of the dispute over the ownership of the Ram Janambhoomi-Babri Masjid land, one has to go back to the British rule. The ‘first title suit’ was filed on January 19, 1885.

A policeman patrols on an armoured vehicle ahead of the Ayodhya verdict, in Mumbai
ON GUARD: A policeman patrols on an armoured vehicle ahead of the Ayodhya verdict, in Mumbai on Thursday. — AFP 

nirmohi akhara
The 3rd petitioner

One of the original petitioners in the case, the Nirmohi Akhara came to light after the Ram Janmabhoomi-Babri Masjid dispute in 1959. It filed a suit to claim the disputed site.

Recourse to SC only option: CPM
New Delhi, September 30
The CPM does not seem satisfied with the Ayodhya judgement. According to it, recourse to the Supreme Court should be the only way to resolve the matter. The Left party also said the judgement required to be fully studied as there might be questions on the nature of the verdict.

Cong core group holding meeting
New Delhi, September 30
Congress top brass, including Prime Minister Manmohan Singh and party president Sonia Gandhi, today held deliberations in the wake of the judgement of the Allahabad High Court on the Ayodhya title suits.

Saffron party may exploit order, worries Cong
New Delhi, September 30
Policeman stand on guard in AyodhyaThe judgment given by the Special Bench of the Allahabad High Court on the long pending Ram Janmabhoomi-Babri Masjid title suits was received with extreme restraint by the Congress, with the party worried that the BJP will now seek to exploit this order to revive its political fortunes by launching a planned countrywide movement on the Ram Mandir issue in the coming days.


Policeman stand on guard in Ayodhya on Thursday. — PTI

A girl shakes hands with a jawan from the Rapid Action Force, in Mumbai
ON D-DAY: A girl shakes hands with a jawan from the Rapid Action Force, in Mumbai on Thursday. Tight security arrangements were made to thwart any untoward incident after the Ayodhya verdict. — PTI

Cong releases first list of 77, youth leaders angry
New Delhi, September 30
The Congress has released the first list of 77 candidates for the Bihar Assembly elections amid reports of discontentment among youth leaders for being given lesser representation despite party general secretary Rahul Gandhi indicating otherwise and growing influence of “outsiders” and those having criminal records in the party.

Maoists urged to release cops
New Delhi, September 30
The Asian Centre for Human Rights (ACHR) today appealed to the Maoists to respect international humanitarian law and release all the four policemen from their custody unharmed. The Maoists had abducted seven policemen who were travelling from Bhopalpatnam to Bhadrakali in Bijapur district in Chhattisgarh.

Gujarat told to form panel to check mining
Ahmedabad, September 30
The Gujarat High Court today asked the state government to frame a policy on forming district and taluka level committees for checking illegal mining activities.

All set for Bihar Assembly polls
Patna, September 30
With the Governor having issued the formal notification for the first phase of the six-phase Assembly polls, the stage is set for the elections in Bihar beginning October 21. The last phase of polls are scheduled on November 20 and counting of votes will take place on November 24.

India extends $500-m credit line to Mozambique
Countries to work for 'safe' Indian Ocean; ink 3 pacts
New Delhi, September 30
Mozambique President Armando Guebuza with President Pratibha Patil and Prime Minister Manmohan Singh in New Delhi India and Mozambique today inked three pacts and a credit line of $500 million was extended to that country for infrastructure projects, agriculture and energy during a meeting between President of Mozambique Armando Guebuza and Prime Minister Manmohan Singh.

Mozambique President Armando Guebuza with President Pratibha Patil and Prime Minister Manmohan Singh in New Delhi on Thursday. Tribune photo: Mukesh Aggarwal

HC takes up PIL seeking protection of the Majuli island
Guwahati, September 30
The largest inhabited river island in the world, the Majuli island, located in the Brahmaputra River of the Jorhat district in eastern Assam has been under a serious threat due to river erosion since the past few decades defying all the protective measures taken by the government agencies concerned to safeguard the landmass of the island.

GE engines for Tejas
Bangalore, September 30
GE Aviation of USA has bagged the contract for supplying engines for the Light Combat Aircraft MK-2 (LCA MK-2 or Tejas MK-2). The aircraft is being developed by the DRDO with the Hindustan Aeronautics Limited (HAL) being the implementing agency for the project.

Tusker count up post-Veerappan
Chennai, September 30
Six years after the death of forest brigand Veerappan, a scientific study undertaken at Sathyamangalam forest in Tamil Nadu, the once notorious hideout of the brigand, reveals that tuskers and tigers have reclaimed their territory and started flourishing.






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What the judges said
Justice Dharam Veer Sharma, 62

He gave a dissenting verdict on Thursday. In his view, parties involved in the case should have been given the freedom to try and work out an amicable settlement. Justice Sharma retires on October 1, 2010, after pronouncing the most important verdict of his life. He was district and sessions judge in 2002 and elevated to the Allahabad High Court in 2005. The judge is a vegetarian who cooks for himself, and occasionally for colleagues and friends. He stays with his elder sister. 

Mosque was built against tenets of Islam
Asserts disputed structure cannot be treated as mosque

Holding that the disputed site in Ayodhya is the birth place of Lord Rama, Justice Dharam Veer Sharma today said the structure constructed by Babar was against the tenets of Islam and could not have the character of a mosque.

“The disputed building was constructed by Babar, the year is not certain but it was built against the tenets of Islam. Thus, it cannot have the character of a mosque,” the judge said in his judgment on the Ayodhya title suits. He said the disputed structure was constructed on the site of the old structure after its demolition. The Archaeological Survey of India had proved that it was a massive Hindu religious structure, he said.

The judge said the disputed site “is the birth place of Lord Rama” and that a “place of birth is a juristic person and is a deity.” “The spirit of divine ever remains present everywhere at all times for anyone to invoke in any shape or form in accordance with his own aspirations and it can be shapeless and formless," Justice Sharma said.

He said the idols of Lord Rama were placed in the middle dome of the disputed structure in the intervening night of December 22-23, 1949. The judge held that the Sunni Central Board of Waqfs, UP and another main petitioner Nirmohi Akhara were barred by time for claims for title. He said it established that the property in suit was the site of "Janmabhoomi of Ram Chandraji and Hindus in general had the right to worship Charan, Sita Rasoi, other idols and other objects of worship that existed on the property in suit." It had also been established that Hindus had been worshipping the place in dispute as Janmasthan and visiting it as a sacred placed of pilgrimage "as a right since time immemorial".

“It is also proved that the outer courtyard was in exclusive possession of Hindus and they were worshipping throughout and in the inner courtyard also they were worshipping,” he said. Justice Sharma said, "It is also established that the disputed structure cannot be treated as a mosque as it came into existence against the tenets of Islam." — PTI

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Justice Sibghat Ullah Khan, 58

He did his law from Aligarh Muslim University in 1977 and the same year he moved to the Allahabad High court to start his practice. He practised in the Allahabad High Court for 27 years before he moved to the bench of the high court in 2002 as a permanent judge. He has a strong sense of history and the role of law in shaping it. He has always advocated out-of-court settlement than prolonged litigations. Nearly 2,000 cases are said to have been settled by mediation on his initiative.

Temple wasn’t razed to build mosque
Wants all three parties to
get a share at the site

Justice S U Khan in his judgment on the Ayodhya title suits held that no temple had been demolished for constructing the mosque at the disputed structure. He said the mosque was constructed under orders of Babar over the ruins of temples lying in that state for a very long time.

The judge said that for a very long time till the construction of the mosque, it was believed by Hindus that in a very small part of the disputed area, the birth place of Lord Rama was situated.

However, the belief did not relate to any specified small area within that bigger area at the disputed site, he said. He said much before 1855, Ram Chabootra and Sita Rasoi had come into existence. It was a very unique and absolutely unprecedented situation that inside the boundary wall and compound of the mosque, Hindu religious places were there which were actually being worshipped along with offerings of namaz by Muslims in the mosque.

Justice Khan held that both parties had failed to prove commencement of their title and hence by virtue of Section110 of the Evidence Act, both are held to be joint title holders on the basis of joint possession. He noted that for some decades before 1949, Hindus had started treating/believing the place beneath the central dome of the mosque (where at present the make-shift temple stands) to be the exact place of birth of Lord Rama.

The idol was placed for the first time beneath the central dome in the early hours on December 23, 1949. In his order, the judge held that all three sets of parties -- Hindus, Muslims and Nirmohi Akhara -- were declared joint title holders of the disputed premises and would have one-third share each for using and managing the same for worshipping.

He, however, made it clear that the portion below the central dome where the idol was kept at present would be alloted to Hindus in the final decree.

He went on to clarify that if while alotting land, some minor adjustment was to be made, the adversely affected party should be compensated by allotting some portion of the adjoining land acquired by the Central Government. — PTI

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Justice Sudhir Agarwal, 52

He is the youngest of the three judges on the bench. He loves to read comics, likes watching TV soaps and mixes with friends and colleagues from the bar. A stickler for courtroom etiquette, he prefers English -- even when he is outside the courtroom. He has a flair for civil law, tax and service matters. His judgments are focused and to the point. A 1977 science graduate of Agra University, he did his law in 1980. In 2005, he was moved to the bench and confirmed as a judge of the Allahabad HC in 2007.

Central dome area goes to Hindus
Says area within inner
courtyard belongs to both Hindus, Muslims

Delivering the landmark verdict on Ayodhya title suits, Justice Sudhir Agarwal held that the area covered by the central dome of the disputed structure was the birth place of Lord Rama "as per the faith and belief" of the Hindus and should not be "obstructed or interfered" with in any manner.

However, he said, the area within the inner courtyard belonged to members of both Hindus and Muslims since it was used by both since centuries.

He ruled that Nirmohi Akhara, another main petitioner in the title suits, should be entitled to possession of the area covered by the structures Ram Chabootra, Sita Rasoi and Bhandar in the outer courtyard in the absence of any person with better title.

However, the open area within the outer courtyard should be shared by Nirmohi Akhara with the party representing the Rama deity since it had been generally used by the Hindus for worship at both places, he directed.

He said the share of the Muslim parties should not be less than one-third of the total area and, if necessary, it may be given some area of outer courtyard. The judge said the land acquired by the Centre under the Ayodhya Act, 1993, should be made available to the parties concerned in such a manner that all three of them could utilise the area by having separate entry for egress and ingress of people without disturbing each other’s rights.

Justice Agarwal, who dismissed two suits and party decreed two others, directed that for a three-month period, the parties unless directed otherwise should maintain status quo as on today in respect of the disputed structure. — PTI

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Experts say verdict politically correct but legally wrong
R Sedhuraman
Legal Correspondent

New Delhi, September 30
Legal experts have expressed surprise over the Allahabad High Court verdict ordering apportionment of the disputed site at Ayodhya between Hindus and Muslims by going beyond the prayers made by the parties claiming sole ownership.

“The court has done something what it was not supposed to do,” Constitutional expert Rajeev Dhavan said, adding that the court had set a wrong example by doing this. The HC should have restricted itself to deciding “fairly and squarely” who owned the site, rather than dividing it, he stated. Simply put, the court’s verdict “is astonishing”

Agreeing with this view, senior counsel Prashant Bhushan told The Tribune that the judiciary had delivered a verdict that was perhaps politically right, but definitely wrong legally.

In the first place, the high court had framed irrelevant issues like whether Lord Ram was born at the site that had no bearing on the ownership. Even going into the question of whether a temple was there about 400 years ago was wrong as the provision for time-bar was limited to 30 years.

Senior counsel Mukul Rohatgi, however, does not agree. Since the court could not arrive at a conclusion on who had the right to the title suit, it had gone for apportionment. Another Constitutional expert PP Rao preferred to tread a middle path stating that the verdict could be assessed only after the full judgment was available, and not on the basis of the brief summary.

Former SC Bar association president PH Parek said it was a “balanced judgment” and advised the parties to the dispute not to politicise it. The HC had ordered division as so many issues were involved and also on the basis of evidence.

MN Krishnamani, three-time head of the SC Bar who argued the case for the Hindus, said he was happy with the verdict. However, he said the HC was bound by the pleadings that did not cover division. Only the SC had the power under Article 142 to go beyond the prayer, he said.

Voices

Ram bhakts should learn from Lord Rama who was neither jubilant at the time of his coronation, nor remorseful when sent to exile. — Janardan Dwivedi


In the context of having peace in the country the judgment would satisfy both the parties. The welcoming feature is the right of appeal available for those who find fault with the judgment. — Karunanidh


Thank you to the people of India for showing maturity and unity today and bravo to the media and the govt for handling the delicate situation wonderfully. — Preity Zinta.


"Official details of the judgement are awaited but opinions are flowing in. Whether you agree or disagree, use your voice to make a point, no violence. And as I keep saying... keep the peace... it's our nation at stake. — Priyanka Chopra


People of the state have always been supportive in maintaining communal harmony and peace.  'Mission Peace' is my sole agenda. — Shiv Raj Chouhan


I am glad that the long pending Ramjanmabhoomi issue of Ayodhya came to an end with the court’s verdict. — Bal Thackeray


The decision to declare that the plce where idol of Ram is installed is the birth place of Ram is just a fancy of imagination without any basis, in the documentary and other evidence. —Mohd Rahim Quraishi, All India Muslim Personal Law Board


I take this opportunity to call upon all our countrymen, including the Muslims, to forget ill-will and hard feelings borne out of the conflicts of the past decades. — Mohan Bhagwat, RSS


The Allahabad High Court verdict is a significant step towards building of a grand temple... the BJP believes that this verdict opens a new chapter for national integration and a new era on inter-community relations. — LK Advani, BJP 

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Chaos at media centre after verdict

Lucknow, September 30
Pandemonium broke out at the special media room set up here shortly after the Allahabad High Court verdict on the Ram Janmabhoomi-Babri Masjid dispute was pronounced.

As soon as the three-judge bench comprising Justices D V Sharma, Sudhir Agarwal and S U Khan, delivered their verdict, lawyers of the litigants rushed to the media centre and began giving their interpretations on the verdict. At least 20 lawyers were on the dais giving their versions of the verdict in the 60-year-old title suit on the ownership of the piece of land where the Babri Masjid built in 1528 once stood.

Lawyers from both sides showed the victory sign. The media jostled hard to hear them but with many speaking at the same time, there was utter confusion.

With synopsis of the judgments not being made available immediately, the scribes had to go by what the lawyers said.

Over 600 journalists from across the country had gathered at the District Magistrate's office in the Qaiserbagh area here to report on the High Court verdict.

At least 40 outdoor broadcast (OB) vans of various television channels were stationed in the compound to beam live the developments.

Inside the court premises, the passage leading to Court No. 21, where the verdict in the six-decade-old case was pronounced, was cordoned off and entry was allowed only to the parties to the dispute and their lawyers. — PTI 

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Ayodhya’s first title suit was filed in 1885
Man Mohan
Our Roving Editor

New Delhi, September 30
To know the origin of the dispute over the ownership of the Ram Janambhoomi-Babri Masjid land, one has to go back to the British rule. The ‘first title suit’ was filed on January 19, 1885.

It was submitted by Mahant Raghubirdas in the court of Faizabad sub-judge, Pandit Hari Kishan, seeking permission for “puja” (worship) rights over a “chabootra” (platform) in front of the mosque which he claimed was Ram’s birthplace.

This pre-Independence suit was rejected by the judge. In his February 24, 1885, order, the judge said: “It (chabootra) was so close to the existing masjid that it would be contrary to public policy to grant a decree authorising plaintiff to build a temple as desired by him.”

Sub-Judge Hari Kishan said: “It is most unfortunate that a masjid should have been built on land specially held sacred by the Hindus, but as the event occurred 356 years ago, it is too late now to remedy the grievance. All that can be done is to maintain the status quo. In such a case as the present one any innovation could cause more harm and derangement of order than benefit.”

Then Raghubirdas moved to the Faizabad district judge, Colonel J.E.A. Chambier, who, after a spot inspection, dismissed the appeal on March 17, 1886, on the same grounds. The English judge also struck down the part of the sub-judge's verdict which conceded the property to Raghubirdas.

Raghubirdas then filed an appeal before the Oudh Judicial Commissioner, W. Young, who also declined his plea in his judgment of November 1, 1886.

Young observed: “This spot is situated within the precincts of the grounds surrounding a mosque erected some 350 years ago, owing to the bigotry and tyranny of the emperor who purposely chose this holy spot, according to Hindu legend, as the site of his mosque.”


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nirmohi akhara
The 3rd petitioner

One of the original petitioners in the case, the Nirmohi Akhara came to light after the Ram Janmabhoomi-Babri Masjid dispute in 1959. It filed a suit to claim the disputed site.

In its judgment, the three-member Special Lucknow Bench of the Allahabad High Court gave a third part of the land to each party associated with the dispute --- the Sunni Waqf Board, the Hindu Mahasabha and the Nirmohi Akhara.

The Nirmohi Akhara has got the areas named ‘Sita ki Rasoi’ and ‘Ram Chabootra’ within the disputed site. These two ‘structures’ were permitted by Moghul emperor Akbar on Hindus’ plea for worshipping Lord Ram.

Interestingly, when all the petitioners were urging the Supreme Court last week not to defer the Allahabad High Court’s verdict, only Nirmohi Akhara was backing a retired bureaucrat, Ramesh Chandra Tripathi, who had come to the apex court to postpone the HC judgment on ground that it might create a serious law and order situation and affect the Commonwealth Games. Headed by Mahant Bhaskar Das, Nirmohi Akhara is a Hindi religious sect, following its own religious faith and customs. It is one of the 14 ‘akharas’ recognised by the Akhil Bharatiya Akhara Parishad and belonging to the ‘Vaishnava Sampradaya. — TNS

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Recourse to SC only option: CPM
Tribune News Service

New Delhi, September 30
The CPM does not seem satisfied with the Ayodhya judgement. According to it, recourse to the Supreme Court should be the only way to resolve the matter. The Left party also said the judgement required to be fully studied as there might be questions on the nature of the verdict.

“This judgement requires to be fully studied. There may be questions on the nature of the verdict,” CPM said in a statement.

“The CPM maintains that in our constitutional secular democratic system the judicial process, which includes recourse to the Supreme Court, should be the only way to resolve the issue,” it added.

The party also appealed to people of the country to maintain peace and communal harmony and not fall prey to any provocations. 

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Cong core group holding meeting

New Delhi, September 30
Congress top brass, including Prime Minister Manmohan Singh and party president Sonia Gandhi, today held deliberations in the wake of the judgement of the Allahabad High Court on the Ayodhya title suits.

The meeting of the party core group took place soon after the Cabinet Committee on Security (CCS) met to deliberate on the court verdict and its political fallout in Uttar Pradesh and other states.

A section of the Congress is apprehensive that the verdict would help the BJP revive the Ram temple issue and take political advantage in the long run. — PTI

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Saffron party may exploit order, worries Cong
Anita Katyal
Our Political Correspondent

New Delhi, September 30
The judgment given by the Special Bench of the Allahabad High Court on the long pending Ram Janmabhoomi-Babri Masjid title suits was received with extreme restraint by the Congress, with the party worried that the BJP will now seek to exploit this order to revive its political fortunes by launching a planned countrywide movement on the Ram Mandir issue in the coming days.

While refraining from commenting on the court order itself, the Congress stuck to a cautious note, saying it should not be seen as “anybody’s victory or defeat” and that everybody should respect the judicial verdict.

Addressing the media this evening, AICC media department chief Janardan Dwivedi reiterated that the Congress has always maintained that this dispute should be resolved through dialogue but in the absence of such a possibility, it would abide by the decision of the judiciary. He refused to give “any value judgment on the high court’s order itself but maintained that it should be accepted by everybody”. Those who have reservations about the verdict can always approach the Supreme Court, he emphasised.

Dwivedi also appealed to all political parties, organisations and citizens to exercise restraint and should not do or say anything that could inflame passions or disturb peace and harmony.

The party’s official position, however, did not belie its worries on the political fall-out of today’s development. The Congress is clearly nervous, with several senior leaders admitting privately that the verdict would re-energise the BJP’s rank and file and bring the Ram temple issue back on the political centrestage.

Although the BJP as well as the RSS have refrained from making any provocative statements, the Congress believes this may well be the proverbial lull before the storm. Next month’s Bihar Assembly elections will be the first test for all the political parties, especially the BJP, which is expected to up the ante on the Ram Mandir issue in order to garner the upper caste vote.

According to a senior Congress leader, the BJP had lost all credibility when it failed to deliver on its electoral promise to construct a Ram temple at the disputed site during the six years it was in power. The saffron party was demoralised after it lost power in 2004 as it found itself bereft of all issues, with a leadership crisis only adding to its woes. However, this may well change now.

The Congress fear is that today’s verdict will provide an opportunity to the BJP to return to its “basics” and that its effort will be to build an organised movement on the Ram Mandir issue in the run-up to the Supreme Court’s final verdict. In such a situation, the Congress could well fall between two stools as it strives to appease the minorities without hurting the sentiments of the Hindus.

“The BJP had run out of issues… it was also leaderless but the Ayodhya case could be used to energise their cadres and retrieve its lost political base,” remarked a senior UPA minister. 

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Cong releases first list of 77, youth leaders angry
Vibha Sharma
Tribune News Service

New Delhi, September 30
The Congress has released the first list of 77 candidates for the Bihar Assembly elections amid reports of discontentment among youth leaders for being given lesser representation despite party general secretary Rahul Gandhi indicating otherwise and growing influence of “outsiders” and those having criminal records in the party.

Recently-elected PCC chief Mehboob Ali Kaiser and CLP leader Ashok Ram figure in the list that has 22 Muslim, 14 women, 18 SC and one ST candidates. While Kaiser will be contesting from Simri Bakhtiarpur segment, Ram will fight the elections from Kusheshwar Asthan seat.

An interesting nomination is that of Lovely Anand, wife of former MP Anand Mohan, from Alamnagar constituency. Mohan represents the muscle power of upper caste Rajputs and has been in jail for the past three years in the 1994 murder of Gopalganj district magistrate G Krishnaiah.

Meanwhile, Vidhan Chandra Rai, son of former Bihar Chief Minister Daroga Prasad Rai, will be the party candidate from Amnour. Another prominent name in the list is that of Asif Gafur, grandson of former Chief Minister Abdul Gaful from Barauli. Former RJD leader and Union minister Nagmani, who recently joined the Congress, will contest from the Morwa Assembly segment.

Describing the list as a balanced one, Congress spokesman and senior party leader from the state Shakeel Ahmed said the youth had been given a good representation along with women in the first list of candidates for the 243-seat Assembly. “Many candidates in the list are on the younger side, between 35 and 45 years of age,” he said.

On allegations of outsiders being given prominence in the party, Ahmed said Nagmani was a senior leader and deserved to be given the ticket. “Only those having the potential of winning the election are being considered,” he added.

Sources said that youth leaders belonging to the camp of jailed bahubali Pappu Yadav were creating problems. Meanwhile, the party may consider giving a ticket to Pappu’s wife Ranjita Ranjan, raising concerns of growing influence of criminal elements in the party perceived to be having zero tolerance for such candidates. Apparently, three to four candidates in the first list have criminal cases pending against them

Deciding to go it alone this time, the Congress is putting up candidates for all 243 seats in the state where the JD (U)-BJP and the RJD-LJP are its main opponents.

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Maoists urged to release cops

New Delhi, September 30
The Asian Centre for Human Rights (ACHR) today appealed to the Maoists to respect international humanitarian law and release all the four policemen from their custody unharmed. The Maoists had abducted seven policemen who were travelling from Bhopalpatnam to Bhadrakali in Bijapur district in Chhattisgarh.

While three of the policemen were killed, four have been held hostage and the Maoists have threatened to kill the others.

"Hostage taking of the unarmed persons constitutes violation of the international humanitarian law in particular the Common Article 3 of the Geneva Conventions. Common Article 3 of the Geneva Convention prohibits each party to the conflict from taking of hostages, killing, mutilation, torture and other degrading treatment, among others, of 'persons taking no active part in the hostilities,” stated Suhas Chakma, Director of Asian Centre for Human Rights (ACHR). — ANI

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Gujarat told to form panel to check mining

Ahmedabad, September 30
The Gujarat High Court today asked the state government to frame a policy on forming district and taluka level committees for checking illegal mining activities.

Division Bench of Chief Justice SJ Mukhopadhaya and KM Thakar passed an order in this regard while hearing a Public Interest Litigation (PIL) against illegal mining in Gir forest region, filed by slain RTI activist Amit Jethwa prior to his death.

The court has included Jethwa's younger brother Bhavni and uncle Vijay Rathod as petitioners in the PIL. The Gujarat Government has been told to submit the policy by October 18, the next date fixed for hearing in this PIL.

The issue of illegal mining had come to fore in the state after the murder of Jethwa, who was shot dead near the high court on July 20.

Recently, Minister for Industry Saurabh Patel, while replying to a question from Congress MLA in the Assembly, had stated that the government has filed 113 cases against illegal mining in Porbandar district and 86 cases in Junagadh.

The state is yet to recover Rs 658 crore royalty from illegal miners in Porbandar and Junagadh districts. — PTI 

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All set for Bihar Assembly polls
Sanjay Singh
Tribune News Service

Patna, September 30
With the Governor having issued the formal notification for the first phase of the six-phase Assembly polls, the stage is set for the elections in Bihar beginning October 21. The last phase of polls are scheduled on November 20 and counting of votes will take place on November 24.

Bihar is the only state to go through the election process this year and the battle, in all likelihood, will be interesting. Besides the main political parties having their roots here, parties based in other states have also jumped into the fray with the aim to make a power statement this poll season. Although these peripheral players may not grab the centre stage in the electoral arena, they can certainly make or mar the electoral prospects of some of the main contestants.

UP Chief Minister Mayawati’s the Bahujan Samaj Party (BSP) had won five Assembly seats in Bihar during the last elections held in October-November 2005. This time BSP is the only party other than the Congress to put its candidates on all the 243 seats. Mulayam Singh’s Samajwadi Party that had won just one seat during the last Assembly polls has decided to put its nominees on some 100 seats this time.

Needless to say that the party is eyeing all those seats having a strong presence of Yadav caste voters. Whether the SP will improve its tally this time compared to last elections or not remains to be seen but its presence in the fray would certainly trouble the RJD led by Lalu Prasad.

Lalu in alliance with Ram Bilas Paswan’s LJP is fighting a very crucial electoral battle for his political survival in Bihar and he has pinned very high hopes on his caste votes.

The NCP led by Sharad Pawar is another capable peripheral player in the battleground. The party is expected to contest around 150 seats this time. The Jharkhand Mukti Morcha led by Shibu Soren has decided to contest for only six seats.

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India extends $500-m credit line to Mozambique
Countries to work for 'safe' Indian Ocean; ink 3 pacts

New Delhi, September 30
India and Mozambique today inked three pacts and a credit line of $500 million was extended to that country for infrastructure projects, agriculture and energy during a meeting between President of Mozambique Armando Guebuza and Prime Minister Manmohan Singh.

Guebuza and Manmohan Singh, who held delegation-level talks, decided to create a partnership based on greater political engagement, deepening of economic cooperation, strengthening of defence and security cooperation, specially to secure sea lanes against piracy, and cooperation in capacity building and human resource development.

"We both belong to the same Indian Ocean community and we share common concerns. It is in our mutual interest to ensure the safety and security of sea lanes of communication in the Indian Ocean," Manmohan Singh said in a joint press statement.

India would support establishment of training and planning institutions in Mozambique to support capacity building in the coal industry, besides supporting capacity building for the defence and police forces of that country, the Prime Minister said.

Expressing concern over the safety and security of sea lanes in the Indian Ocean, Guebuza assured to provide all possible assistance to protect them.

The agreements signed today related to avoidance of double taxation, cooperation in mineral resources and middle and small enterprises. These would strengthen mutual partnership, Manmohan Singh said, adding that they had decided to set a target of bilateral trade of $ 1 billion by 2013.

"As one of Africa's foremost leaders, President Guebuza's leadership and guidance will play an important role in shaping India's partnership with Africa. We will work closely with Mozambique on regional and other issues, as well as in preparations for the next India-Africa Summit in Africa in 2011," the Prime Minister added.

The visiting President also hoped that India would host the Commonwealth Games successfully. — PTI

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HC takes up PIL seeking protection of the Majuli island
Bijay Sankar Bora
Tribune News Service

Guwahati, September 30
The largest inhabited river island in the world, the Majuli island, located in the Brahmaputra River of the Jorhat district in eastern Assam has been under a serious threat due to river erosion since the past few decades defying all the protective measures taken by the government agencies concerned to safeguard the landmass of the island.

Due to its unique socio-cultural and natural environment, the Majuli island is now a contender for the prestigious UNESCO World Heritage tag. The Majuli island is integral to the Vaishnavite culture and religion and is inhabited by several ethnic communities. Treating the problem of erosion as serious, Manoj Kumar Borah, an inhabitant has filed a Public Interest Litigation (PIL) in the Gauhati High Court seeking court’s intervention in protecting the Majuli island and its people.

The PIL (84/2010) has been taken up by a division bench of the High Court comprising of Chief Justice Madan B Lokur and Justice K Meruno. The petitioner has stated that the various authorities responsible for building an embankment to prevent flood erosions have failed miserably despite the huge expenditure incurred on it over the years.

The petitioner said the actions of the respondents were arbitrary, illegal unfair, unreasonable and unconstitutional. As many as 12 parties have been made respondents, including the Central Water Commission.

The petitioner has mentioned has mentioned that the root cause of the soil erosion in the island has been the 1950 earthquake that affected Assam and changed the course of the east-west flowing Bhramaputra River. This changed course has subjected the Majuli Island to continuous flood erosion.

The erosion has reduced the area of Majuli Island to 450 sq km from its 1950 area of 1256 sq km. Many Vaishnavite monasteries (satras), villages, government establishments and vast agriculture lands have been eroded by the river.

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GE engines for Tejas
Shubhadeep Choudhury
Tribune News Service

Bangalore, September 30
GE Aviation of USA has bagged the contract for supplying engines for the Light Combat Aircraft MK-2 (LCA MK-2 or Tejas MK-2). The aircraft is being developed by the DRDO with the Hindustan Aeronautics Limited (HAL) being the implementing agency for the project.

Installation of the new engine will pave the way for acquisition of the indigenous multi-role fighter jet by the IAF.

Aeronautical Development Agency (ADA), affiliated to the DRDO, had last year issued a request for proposal (RFP) for the selection of a new and more powerful engine for the fighter jet.

The necessity for a new engine arose after the LCA’s present engine, also supplied by GE (GE F404 IN20), failed to meet the IAF requirements. The RFP was sent to GE for its F414 engine and to the European consortium Eurojet for its EJ200 engine. Both engines are currently in service and capable of delivering an installed thrust in excess of 90 kilonewtons.

The RFP indicated a demand of 99 engines, with the option to procure a further 49. While the first 10 engines will be bought out in fly-away condition, the remaining will be assembled or manufactured at Hindustan Aeronautics Limited (HAL) facility at Bangalore.

The RFP was delayed by almost one year and the primary reason for this was reportedly HAL’s desire to secure via the engine deal as much manufacturing technology from the supplier as possible. The HAL has never designed or manufactured its own aero engines. It has only assembled them under license production agreements. It wants to get into manufacturing by getting familiar with technology such as single crystal blade and blade cooling.

Eurojet, which has lost in the competition, had indicated that an Indian entity can join them as a partner in designing modifications and improvements to its EJ200. No such offer has been given by the GE.

Installation of the new engine will necessitate major modifications to the LCA, especially the fuselage. The ADA expects the Tejas MK2 to fly in 2014.

The Price Negotiating Committee for the engine for LCA MK-2, after having compared the bids from GE and Eurojet, found the GE to be the lowest bidder. The committee consisted of representatives from the Ministry of Defence, the IAF, the Navy, the ADA, the DRDO and the HAL.

The commercial quotes were compared after evaluation and acceptance of the technical offer provided by both Eurojet and GE Aviation. Further price negotiations with GE will be carried out by the DRDO before finalisation of the contract.

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Tusker count up post-Veerappan
N Ravikumar
Tribune News Service

Chennai, September 30
Six years after the death of forest brigand Veerappan, a scientific study undertaken at Sathyamangalam forest in Tamil Nadu, the once notorious hideout of the brigand, reveals that tuskers and tigers have reclaimed their territory and started flourishing.

The latest study carried out as per the guidelines laid down by the Union Environment and Forest Ministry at 30 places in the Sathyamangalam forest division has shown marked increase in the presence of elephants, tigers and other animals.

The number of elephants at Sathyamangalam has grown to 866, which is nearly twice the number compared to 2005, a year after the brigand's death in an encounter. According to forest officials, the tuskers, which were the main target of Veerappan's gang, were breathing easy now.

Without the impact of human intervention, the unhindered growth of vegetation has provided sufficient food supply for the elephants. The new ecological environment has ensured adequate rains and good supply of water for the pachyderms, they explained.

The big cats population had also doubled in the forest, since the camera footages placed at 30 different places at an interval of two square kilometre have captured 19 different tigers. In the same time last year, the pug marks of only eight tigers were found. Of the 109 scat samples collected by the study team, 60 turned out to be tiger stools.

Even the leopard population has gone up from 19 in 2007 to 27. The number of other animals in the former den of Veerappan has also recorded a rise. The latest study shows there were 672 gaurs, 2,348 spotted deers, 1,068 black bucks, 304 samba deer, 77 barking deer and 15 striped hyenas.

N Ramasubramaniam, Erode district forest officer, who released the details, said the forest officials were able to maintain strict vigil against poaching in the post-Veerappan era. Adequate supply of water and the growth of forests without human intervention have helped the rise in herbivores population, which is necessary for the increase of tiger and leopard population, he added.

The forest officials also said the Union Ministry of Environment and Forests is considering a proposal for declaring the entire Sathyamangalam forest as a wildlife sanctuary following the healthy rise in wildlife population. 

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