Chandigarh,January 23
The announcement of the populist decision by Chief Minister Bhupinder Singh Hooda to accept the recommendations of a sub-committee batting for10 per cent quota for the economically backward classes may be good politics but it is legally untenable.

With the 10 per cent quota for the poor pushing up the total reservation to 67 per cent in the state, the decision may run counter to the 1992 judgement of the Supreme Court in the Indira Sawhney and others versus Union of India and others which held that “reservations contemplated in Clause (4) of Article 16 should not exceed 50 per cent.”

Currently, Haryana provides 20 per cent quota in jobs to the Scheduled Castes (SCs) and 27 per cent to the backward classes (BCs). On December 12 last year, on the recommendations of Justice KC Gupta-headed Haryana State Backward Classes Commission (HSBCC), the Hooda government announced to provide 10 per cent exclusive quota for the five castes, including Jats. With today's announcement, the quota in the state would go up to 67 per cent- a decision apparently taken with an eye on the forthcoming Lok Sabha and Assembly elections.

The decision to cross the apex court's 50 per cent 'lakshman rehka' by the Hooda government is seen as following in the footsteps of Tamil Nadu which provides a quota of 69 per cent in government jobs and educational institutions.

However, it is here that similarities between Tamil Nadu and Haryana end. As a safeguard to prevent judicial review, Tamil Nadu had enacted the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments in Services under State) in 1994 after getting the assent of the President. On July 22, 1994, the Tamil Nadu government requested the union government to include this Act in the 9th Schedule to the Constitution so that it could not be challenged as violation of any fundamental right contained in Part 3 of the Constitution, including Articles 15 and 16 and gets protection under Article 31-B. Later, the Bill was brought within the purview of the 9th Schedule to the Constitution to give it protection with regard to judicial review.

However, the Haryana Government would be on a weak wicket if the decision is challenged in court. Some organisations have expressed their intention to challenge it.

Official sources said even in the Indira Sawhney case, the SC had said while 50 per cent shall be the rule, it was necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of the country and people. But in Haryana, there hardly seem to be any extraordinary situations with the government claiming "Haryana No 1" status in development.

Chandigarh, January 23
The Haryana Cabinet, which met under the chairmanship of Chief Minister Bhupinder Singh Hooda here today, approved the proposal of the Urban Local Bodies Department to rationalise property tax in the municipalities of the state by approving a draft of the revised notification.

As per the amendment, in case of vacant residential land up to 250 square yards (plot size up to 100 square yards) shall be exempted, the tax shall be Rs 0.50 per square yards. In case of vacant residential land, more than 250 square yards, the tax shall be collector rate x 0.00015 x size of the plot in square yards. In case of vacant institutional and industrial plots, the tax shall be collector rate x 0.00020 x size of the plot in square yards, irrespective of the size of the plot. In case of commercial plots, the tax shall be collector rate x 0.000375 x size of the plot in square yards, irrespective of the size of the plot.

Property tax on institutional and industrial properties shall be at collector rate x 0.001 x size of the property in square yards and for calculation purposes, the constructed portion in square yards shall be taken. However, the tax liability shall not be less than one if it is calculated by considering the plot as vacant one. The property tax shall be the same for rented and self-occupied properties.

The property tax for other commercial properties shall be at collector rate x 0.001875 x size of the property in square yards and for calculation purposes, the constructed portion in square yards shall be taken. However, the tax liability shall not be less than one if it is calculated by considering the plot as vacant one, provided that for commercial properties up to 50 square yards, the tax shall be collector rate x 0.001125 x size of the property in square yards. For calculation purposes, the constructed portion in square yards shall be taken. The property tax shall be the same for rented and self-occupied properties. In case of rented residential properties even under 250 square yards and flats up to 500 square feet, the rate shall be calculated as mentioned above.

In case of self-occupied residential properties of plot size of more than 250 square yards and flats of more than 500 square feet, the concession up to 50 per cent will be given by the respective municipality. There shall be no property tax on vacant plot of one acre and above for horticulture and agriculture purposes only.

The clause of 50 per cent rebate to be given on self-occupied properties, including vacant residential plots, has been omitted. Now, it has been decided that the property owner may choose any of the above rebates, which are admissible to him.

On the issue of old tax collection, in case of pending arrears or dues or dispute, including court case of previous years, in respect of which notice or bills have been issued or not, the property owners shall have the option to pay tax as per the new system at current rates (that is collector rates for 2012-13) and payment of the same shall be considered as settlement of all such disputes or dues or arrears. No interest or penalty shall be leviable. Also, this option shall be available as amnesty scheme only up to June 30.

Other Cabinet decisions Amendment in Haryana Motor Vehicles Rules, 1993, approved Ex-post facto approval to the appointment of the Commissioner of Inquiry to enquire into violence in the mini-secretariat, Rewari, on July 16, 2012 Authorised Principal Secretary, Town and Country Planning, to sign an agreement with Delhi Metro Rail Corporation Limited (DMRC) for the project of extension of Delhi Metro from Mundka to Bahadurgarh Okayed amendments to the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules Approved the proposal to frame the Petty Grant-in-aid Rules, 2013 Revision in salaries of the chairman (from Rs 24,000 to Rs 55,000) and members (Rs 21,000 to Rs 50,000) of the Haryana Staff Selection Commission approved Gave ex-post-facto approval to the upgradation of sub-tehsil, Nangal Chaudhary as tehsil in Mahendragarh. Five sportspersons, Vikas Krishan (boxing), Krishna Poonia (discus throw), Ravinder Singh Sangwan (wrestling), Paramjit Samota (boxing) and Sanam Krishan Singh (tennis) appointed DSPs. Paralympics athletes Amit Kumar Saroha and Deepa Malik, and another swimmer Prashant Karmakar appointed assistant coach.

Sirsa, January 23
The JBT teachers recruitment scam case in which a CBI court in Delhi has sentenced former chief minister Om Prakash Chautala, his son Ajay Singh Chautala and 53 others to imprisonment ranging from 4 years to 10 years was peculiar in a sense that most of the persons convicted in this case were senior citizens.

While Chautala is 78, most of the others, barring a few like Ajay Singh Chautala, Sanjiv Kumar and Vidya Dhar are senior citizens. Most of them have retired from the Haryana Education Department as district or block-level education officers.

Of the 62 persons who were initially arrayed as accused in the case, six - Prabhu Dayal, Udal Prashad Sharma, Shashi Bhushan, Nathu Ram, Kamla Devi and Puran Chand — had expired at various stages of the trial, while one, Brij Mohan, was discharged by the court on July 23, 2011.

“Most of the convicts are senior citizens and all of them suffer from various ailments. Some of them are seriously ill. Many of them have their spouses, children and parents, who suffer from interminable diseases. Some of the unfortunate convicts have the burden of supporting their minor grandchildren due to the death of their sons. A few of them are physically challenged. Many of these convicts have been deserted by their children in their old age. In this background, this judgment of conviction, it is argued, has shattered them beyond redemption,” said the CBI Special Court in its order on the quantum of sentence to the convicts issued on Tuesday.

While Chautalas' counsel had “prayed fervently” for leniency in sentence in view of his old age and being physically challenged, it was also argued that Om Prakash Chautala, Ajay Singh Chautala and Sher Singh Badshami had suffered heavily in their political career after the registration of the case, lost power and individually, these convicts lost elections successively.

It was also argued that even conviction is enough punishment for them because “it is difficult for them to show face to society.”

The judge observed that almost all convicts had submitted medical records to support their submission to which he has no reason to disbelieve.

“However, these aspects are not relevant to the question of the quantum of sentence. The relevant point for considering the quantum of sentence are the circumstances attending the sentence,” the court observed.

The court further observed that the enormity of the offence could be gauged from the fact that the conspiracy in question took in its sweep almost all districts of the state of Haryana.

The gravity of the offence further enhances in view of the reason that the brazenness with which the sacrosanct constitutional guarantee of equal opportunity in the matter of public employment to each citizen of India has been violated.

“Therefore, considering the enormity of the offence and the manner in which the politician-bureaucrat nexus has resulted in depriving such a large number of candidates of their constitutional rights, I do not find any reason for leniency in sentencing those convicts who were masterminding the entire conspiracy or assisting them in the execution of the same,” the judge concluded.

Sirsa, January 23
The Special CBI Judge in Delhi’s Rohini courts, Vinod Kumar, who pronounced sentence to 55 accused, including former Chief Minister Om Prakash Chautala and his son Ajay Singh Chautala, was in a “dilemma” in deciding the question of sentencing bureaucrat Sanjiv Kumar, who was once hailed as a whistleblower.

“The dilemma before this court in deciding the question of sentence is on account of the simple reason that sentencing such a person may send a message that a whistleblower is not appreciated by law, rather, he is put to trial and tribulation,” the court said in its 34-page judgement on the quantum of sentence.

The court observed that in the absence of any law for the protection of whistleblowers, some principles, in the court’s view, might govern them.

The principles laid by the judge in his order inter alia said the law welcomed whistleblowers.

If the whistleblower is innocent but only a victim of circumstances, he must be cited as a prosecution witness.

If the whistleblower has a minor role in the crime or its conspiracy, the courts should come forward to his rescue and in appropriate cases should not hesitate to make him an approver.

If the whistleblower has a major role in the commission of such offence, he must come up with complete facts before the investigating officer and during trial he must testify on oath at the state of defence evidence and should disclose the truth, the whole truth and nothing but truth before the court.

The judge further observed, “The trial court, in such event, must certify in its judgement about the fact that the whistleblower has come out with truth and has not concealed any facts from the court.”

On such certification in the judgement, the court could proceed to award the minimum possible sentence to such convict, and if possible, could release him on probation with a recommendation to the government that no departmental action should be initiated against him in view of the said conviction, the judge has observed in his order.

However, while applying these principles to the conduct of Sanjiv Kumar, the court found that his entire effort in the trial was to show that he had nothing to do with the entire offence.

He kept saying that he had prevented the scam by not implementing the fake list.

On the other hand, the prosecution evidence had proved beyond reasonable doubt that he was fully involved in the scam and actually implemented the forged award list.

He took a wrong stand before the Supreme Court in respect of the wrongness or genuineness of the award lists.

He maintained the same stand before the investigating officer and struck to his guns to the last even during trial.

“Even if, Sanjiv Kumar has taken a truthful stand, at least at the stage of final arguments in view of the overwhelming evidence forthcoming before this court, his case would have been taken entirely on a different footing than the other convicts,” the judge has written in his order.

“But in view of his consistent false stand in respect of the genuineness and fakeness of the awards lists, I have no option but to treat him on parity with those convicts who were overseeing the execution of the entire conspiracy,” the judge concluded his observations on Sanjiv Kumar’s conduct in the scam and thereafter.

Chandigarh, January 23
The Haryana government has ordered special ‘girdawari’ in those four districts of the state where crops have been damaged due to recent hailstorm.

This was stated by Haryana Chief Minister Bhupinder Singh Hooda while addressing a press conference after presiding over a meeting of the state Cabinet here today. The Chief Minister said these districts included Rewari, Faridabad, Palwal and Jhajjar.

In reply to a question concerning the fate of the teachers following the judgement of the case involving former Chief Minister Om Parkash Chautala, Hooda said the government would get the judgement legally examined. When asked by another media person that would the judgement make its impact felt on the political scenario, Hooda replied that he did not see the judgement in political context. However, he added that the inquiry into the case concerning Chautala by the CBI was ordered by the Supreme Court when the NDA had its government in the Centre.

Sirsa, January 23
The Supreme Court decision directing the Dabwali-based DAV Public School to pay its 55 per cent share of the compensation decided by the Punjab and Haryana High Court for the victims of the 1995 fire tragedy has come as a relief to the families.

Vinod Bansal, president of the Dabwali Fire Tragedy Victims Association, said the Supreme Court order would provide much-needed relief to hundreds of families, who have been waiting for over 17 years.

Bansal said the court order has also negated the DAV Public School’s stand.

Bansal alleged the school had been brazenly denying the victims their due despite collecting crores of rupees from India and abroad in the name of the tragedy.

In one of the worst fire tragedies in the country, 442 people had died and 150 had been scarred for life in a fire that broke out at Rajiv Marriage Palace, where the annual function of the DAV Public School was being held on December 23, 1995.

The state government has already paid its 45 per cent share out of the total compensation of nearly Rs 46 crore as decided by the Punjab and Haryana High Court in its order announced on November 9, 2009.

However, DAV Public School had moved the Supreme Court against the order to pay the rest 55 per cent jointly and severally with Rajiv Marriage Palace.

On March 15, 2010, the Supreme Court directed the school to make an interim payment of Rs 10 crore to the victims.

With today’s order, the DAV Public School will have to pay the rest of money to the victims, which is nearly Rs 16 crore as the balance of compensation and 10 per cent simple interest on it from the date specified by the high court in its judgment.

Jhajjar, January 23
Chief Minister Bhupinder Singh Hooda will lay the foundation stone of nearly Rs 2,000-crore Metro Rail project at Bahadurgarh on February 2, said Member of Parliament Deepender Singh Hooda today.

While addressing a series of public meetings at Aurangabad, Kasar and Mandothi villages in Bahadurgarh assembly constituency, the MP said the state government would bear an expenditure of nearly Rs 800-crore as its share in the project.

He said the Metro train between Bahadurgarh and Delhi would give an impetus to development in the state. It would benefit not only commuters, but also traders.

He said the Chief Minister would also lay the foundation stones of some other projects, including a sports complex, on February 2.

Sonepat, January 23
In support of the demand for the Metro rail service for Sonepat from Delhi, BJP MLA from Sonepat Kavita Jain and the state media in charge of the BJP, Rajiv Jain today handed over a memorandum to Sharad Yadav, Janata Dal (U) president and chairman of the parliamentary standing committee of the Union Urban Development Ministry, today at his residence in New Delhi.

Yadav promised that the demand would be put in committee’s meeting.

The memorandum stated that this service would ease the population load on Delhi and give a momentum to developmental activities in the region.

Jain stated the BJP had started the “Metro Lao” campaign in Sonepat on January 1 this year and set the target to collect one lakh signatures in support of the demand. They stressed that Gurgaon, Faridabad, Noida, Gaziabad and Bahadurgarh had already been sanctioned Metro Rail Service, but Sonepat had been left out. – OC

Karnal, January 23
Farmers are up in arms against the Mainmati toll plaza contractor for charging toll tax from tractors-trolleys and trucks carrying sugarcane to the Karnal Cooperative Sugar Mill.

Toll tax has never been charged from the farmers in the past.

Mill managing director (MD) has already warned the toll plaza contractor that he would be responsible for the damages caused by delay in supply of sugarcane to the mill due to lapse on his part.

The MD has also brought the issue to the notice of the Deputy Commissioner and Bhartiya Kisan Union (BKU) leaders.

The BKU leaders said they would not pay the toll and in case, the vehicles carrying sugarcane were stopped or delayed, the toll plaza contractor and the local administration would be responsible for the consequences.

Kisan union vice-president Rattan Mann, who met the MD along with a delegation of the farmers, said they would discuss the issue in a meeting at Kalsaura on January 27.

He said no toll tax was charged from the farmers till last year when the toll was managed by the Public Works Department.

The farmers of Kalsaura, Japati, Chhapra, Byani and Gheer villages supply about 7 lakh quintals of sugarcane to the mill and in case supply was obstructed in any manner, the crushing would be affected and the mill would suffer losses.

The crushing was already running behind schedule after the farmers stopped the supply sugarcane to the mills in the state in support of their demand for higher minimum support price of sugarcane.

The farmers urged the contractor not to charge toll tax from sugarcane suppliers. 

Jind, January 23
Bibipur village is perhaps the first village in the state where the mother of a single girl child will be the chief guest on the Republic Day celebrations on January 26. This has been decided by the village panchayat, which released the name of the chief guest today.

Bibipur has already been in the news for holding the first all-women gram sabha meeting and the sarvakhap mahapanchayat on the issue of female foeticide and save the girl child campaign, last year.

“We have decided to have Neeru Kharinta, a resident of Sector 13, Hisar, to be the chief guest to unfurl the Tricolour on the Republic Day function to be organised at the village level,’’ said Sunil Jaglan, sarpanch of Bibipur village. He said the village panchayat had invited applications recently as part of the drive that was launched by the local residents a couple of years back. Revealing that Kharinta had been one of those women who deliberately opted for limiting the size of her family to just one girl child way back in 1988, when she gave birth to a daughter and focused the energy in proper upbringing of the girl without giving a second thought to have a boy. While Kharinta had the support of her husband, Sushil Kharinta, in this effort, he said the couple was a member of the Lions Club International and had already pledged to donate their bodies after death.

It is revealed that the only daughter of the couple, who has done MBA, had initially contacted the village sarpanch to have her mother as the chief guest at the programme. The village had earlier taken a similar initiative on the Independence Day when it had got the Tricolour unfurled by a mother of only girl child.

Ambala, January 23
A fast-track court has been set up in the Ambala district court complex to deal specially with cases of crime against women like sexual assault and rape.

Additional Sessions Judge Vimlesh Tanwar will be the special judge of this court.

Public prosecutor Dinesh Bajaj has been shifted to this court who will plead the cases of victim women in the court.

The cases related to dowry death and women atrocities will also be tried in this court.

Around 80 cases connected to sexual assault and women atrocities which are being tried in various courts have been transferred to this fast track court.

Some high-profile murder cases have also been shifted to this court.

Several women activists and social organisations, while welcoming this move, said the victims would now get speedy justice.

Chandigarh, January 23
The petitions filed by Mullana-based Maharishi Markandeshwar Institute of Medical Science and Research, along with some students, regarding an increase in the number of seats in postgraduate courses in “various disciplines” have failed to find favour with the Punjab and Haryana High Court.

Justice Ranjit Singh has dismissed two petitions by the institute and one by the students, challenging the order declining permission to increase the seats. The Union of India and other respondents had allowed an increase of a seat each in MD (DVL), MS (ophthalmology) and MS (orthopaedic). But increase was not allowed in MD (obstetrics & gynaecology), MS (general medicine) and MS (general surgery).

The students were admitted in various courses after an interim order was passed by the high court, granting permission to the institute to admit them. They were pleading that their admission should be regularised.

Justice Ranjit Singh asserted permission was conditional and as such the students “would not be in a position to plead any equitable consideration on account of their admission and the fact that they have continued to attend the postgraduate courses for considerable time”.

Justice Ranjit Singh added: “The students, admitted under the interim orders passed by this court, would have to suffer to consequence of the order passed in the writ petitions filed by the petitioner-institution”.

During the course of hearing, the institution claimed that it fulfilled “all the requirements of infrastructure, faculty members, and financial liability”. As such, it was fully eligible for receiving the sanction for increase of seats.

The respondents, on the other hand, asserted the prayer was rejected due to acute shortage of infrastructure, faculty, availability of clinical material, lack of required OPD strength and beds occupancy, after the institute’s inspection was conducted.

Appearing for the MCI, counsel Deepak Sibal contended that the institution was seeking an increase in the seats, “but there was no proportionate increase in the clinical material to justify this increase.

Dismissing the petitions, Justice Ranjit Singh added: “This aspect, in my view, is very significant and important… The request of the petitioners has not been declined in entirety…. The permission to increase the capacity in some of the postgraduate courses has been allowed. If the respondents or the board has been in any manner hostile to the petitioner-institution, it could not have then allowed increase in those post graduation courses where such increase has been permitted”.

Chandigarh, January 23
In Haryana, the availability of individual toilets in the rural areas has reached to the average level of 86.68 per cent and work is in progress to make the state ‘Nirmal Rajya’ by 2015.

This was disclosed at a meeting held to finalise the names of villages, which would be given awards under the Mukhya Mantri Swachhta Protsahan Puraskar Yojna 2012-13. The meeting was presided over by Haryana Chief Secretary PK Chaudhery here yesterday.

At the meeting, Khokiyaka village of Hathin block, Palwal district, Puthar village of Israna block of Panipat district and Kachhwa village of Karnal district were selected for this award.

Chaudhery stressed the need to maintain cleanliness in villages by solid and liquid waste management along with individual toilets under the Total Sanitation Programme and directed to prepare a framework of a scheme, which would prove more effective in this direction. These villages had been selected on the basis of norms of population set by the Central Government through the Centre for Research in Rural and Industrial Development (CRRID).

The Principal Secretary, Rural Development, Ram Niwas, said the state had achieved the availability of 99.90 per cent toilets in schools and 68.69 per cent in anganwari centres.

Gurgaon, January 23
Two policemen were injured today when a cab hit their patrol motorcycle and fled away after the incident.

While one of them is out of danger, the other is serious and undergoing treatment at Paras Hospital.

The police has registered a case of hit and run on the basis of the cab number provided by the injured policemen-- head constable Krishan Kumar and constable Abhay Singh.

The police said the incident took place near the Iffco Metro station.

“Our policemen, who were deployed on rider motorcycle were patrolling on the road near the Iffco Metro station. A rashly driven cab came from behind and hit them, making them fall from their bike. Rather than getting down and helping them, the cab driver fled. Some passersby rushed them to Paras Hospital.

An FIR has been lodged against the owner of car, said a senior police official.

Kurukshetra, January 23
To maintain law and order during the harvesting of ‘Toriya’ crop at Karah Sahib village in Peowa subdivision, District Magistrate Mandeep Singh Brar has issued prohibitory orders under Section 144 of the CrPC banning carrying of any type of weapon.

The order will remain in force in Karah Sahib and its surrounding villages of Diwana, Adhoya and Garhi Langri from January 23 to 24. – OC