The Tribune, Chandigarh, India

	SC notice to Centre, Army Chief over caste-based recruitment R Sedhuraman Legal Correspondent New Delhi, April 11 The Supreme Court today issued notice to the Centre and the Army Chief seeking their response within six weeks to a PIL that has sought abolition of recruitments in the Army on the basis of caste, religion and region. A Bench comprising Justices TS Thakur and Gyan Sudha Misra passed the order, pointing out that “this matter is important and has to be examined”. It asked the petitioner, IS Yadav, who is a medical practitioner from Haryana to file his reply to the affidavits of the Centre and the Army Chief within two weeks thereafter. Solicitor General Mohan Parasaran, whose assistance had been sought by the court in the matter, accepted the notice on behalf of the Centre. Acknowledging that recruitments were being made on the basis of caste, region and religion, he said once they joined the Army they were treated alike and there was no discrimination. Restrictions were there only in the Presidential Guards who could be from only the Jat, Sikh or Rajput regiments, he said. Petitioner’s senior counsel S Balakrishnan contended that it was unfortunate that the Army was still following the divide-and-rule strategy evolved by the British to prevent the emergence of national loyalty among service personnel or a monolithic integrated Indian Army. The PIL states that the government is claiming that the Army is truly secular, but it has regiments based on caste, religion and region such as Rajput, Sikh, Gorkha, Naga, Jat, Rajasthan and Maratha regiments even today. “This is unhealthy and against the interest of the Army itself and the larger interest of the nation,” it said.
	Cong sponsored ’84 riots at behest of Gandhis: BJP Says anti-Sikh riots can’t be compared to Gujarat 2002 Tribune News Service New Delhi, April 11 In line with Gujarat Chief Minister Narendra Modi’s latest mantra to the party leadership to maintain an “aggressive” strategy while countering the grand old party, the Opposition BJP today alleged that the 1984 anti-Sikh riots in which Jagdish Tytler was facing charges were “sponsored” by the Congress at the behest of the Gandhi family and demanded to know why the ruling party had been silent on the issue for 28 years. BJP spokesperson Nirmala Sitharaman said the riots, allegedly involving some Congress leaders such as Jagdish Tytler, had the support of then Prime Minister Rajiv Gandhi and his family. “Rajiv Gandhi had said that when a big tree falls the earth shakes. But no statement has come from the family even after 28 years. Why are they silent? If there had been any sensitivity in the family they would have apologised,” she said. Sitharaman quoted from various commissions and committees that have probed the 1984 riots and claimed that Congress leaders and workers had incited or helped mobs in attacking Sikhs. Apart from Tytler, Congress leaders HKL Bhagat, Dharam Das Shastri, Sajjan Kumar and Kamal Nath were named by various committees that have probed the 1984 riots, she added. She also alleged that civil suits had been filed against Kamal Nath in the US and Switzerland. The party will be highlighting the 1984 riots to counter the 2002 slur on Modi with more intensity in the run-up to the 2014 General Elections, sources said. “Our attempt so far has been to counter the Congress on the issue of development rather than rake up a communal issue,” they said. The BJP also maintained that there were no similarities between the 1984 “massacre” and the 2002 post-Godhra incident riots, claiming that prompt action was taken by the government in the latter case. The party insisted that the anti-Sikh riots could not be compared to 2002 Gujarat riots. “In 2002, it was a riot. I would not justify it for even a minute. But the administration responded by calling in the Army. In 1984, it was a one-sided massacre. People were not allowed to lodge an FIR. Army was deployed in Delhi only on the third day and in other places only on the fourth day,” Sitharaman said. The party did not spare Prime Minister Manmohan Singh either. It said though he had expressed regret in Parliament over the riots, no action was taken. “I hate to say this, but Manmohan Singh belongs to the community which was targeted. For him to just call it a tragedy is not enough," Sitharaman said. However, on how Tytler could be held responsible for the riots when the matter was still sub-judice just as in the case of BJP leader Amit Shah, who is facing charges in the fake encounter cases, she insisted that in Shah's case the CBI has been misused.
	CBI told to probe another copter deal Tribune News Service New Delhi, April 11 Defence Minister AK Antony has asked the Central Bureau of Investigation (CBI) to investigate a second helicopter deal, separate from the alleged illegal pay-offs that were paid to secure the Rs 3,500 crore VVIP helicopter deal by AgustaWestland. This one relates to the purchase to 197 light utility helicopters for the Army. The move comes after Brigadier VS Saini’s name figured in Italy’s ongoing probe into the AgustaWestland 12 VVIP helicopter bribery case. The Army headquarters asked for an independent probe into helicopter acquisition in which AgustaWestland was one of the contenders. However, European major EADS’s Eurocopter AS 550 Fennec and Russian Kamov 226T remain as the two contenders now. AgustaWestland could not make the final cut. In the probe into the VVIP deal, documents have been seized from the residence of middleman Guido Hascke that Brig Saini allegedly asked for $5 million to fix the deal for AgustaWesland in the purchase of 197 light utility helicopters. Earlier, the Indian Army had suggested that commercial bids — the final step in the deal — be taken only after the Brigadier VS Saini's role has been investigated.
	‘Sadda Haq’ ban: SC notice to Punjab, Chandigarh, Delhi Legal Correspondent New Delhi, April 11 The Supreme Court today issued notice to Punjab, Chandigarh and Delhi for not allowing the release of Punjabi movie “Sadda Haq” on the problem of militancy. A three-member Bench headed by Chief Justice Altamas Kabir wanted the states to specify as to why they had banned the screening of the movie despite the fact that the Central Board of Film Certification (CBFC) had cleared it under “U” classification that meant it could be viewed by all without any restriction. Delhi’s counsel Wasim Qadri said the Lieutenant Governor had suspended the screening with immediate effect on the apprehension that it might result in law and order problem. Asked as to why Delhi should think on those lines, he said the city had a concentration of the minority community in question. Senior counsel Colin Gonsalves, appearing for the producer, said such apprehensions were misplaced as the movie had a positive message for the youth, cautioning them against taking to the path of violence. Kuljinder Sidhu, the producer who has played the main role in the film, said Haryana, Uttar Pradesh and Rajasthan had also prevented its release, but he had not named them as respondents as he was yet to get a copy of the orders. The movie was released in Indore (Madhya Pradesh), Mumbai and at some other places on April 5. Specify reasons Bench wants the states to specify as to why they had banned the screening of the movie The CBFC had cleared it under “U” classification, meaning it could be viewed by all without any restriction
	Will quit politics if charges are proved: Tytler New Delhi, April 11 In the dock after a court ordered reopening of a case for his alleged involvement in the 1984 anti-Sikh riots, Congress leader Jagdish Tytler today offered to quit politics if charges against him are proved. Tytler, who claimed that witnesses have changed their statements a number of times, said he is also ready to undergo a lie-detector test and dared them to also submit themselves to the test. "If the charges against me are proved... I will quit politics," he said. He added that he would not show his face to his party if the charges are framed. "If the court frames charges against me, I will not stay for a minute on any position which I hold because this will cause a lot of embarrassment to the party and I consider the party above everything else," Tytler told a television channel. He is party in-charge of Odisha and also a member of the Congress Working Committee. Not ruling out the possibility of the witnesses being planted, he said all of them including him and the lawyer of the riot victims HS Phoolka should be put to a lie detector test. — PTI
	NHRC notice to UP Govt over torture Tribune News Service Lucknow, April 11 The image of the Uttar Pradesh police took another beating as the National Human Rights Commission has sent the state government a notice regarding a five-year-old boy being subjected to electric shock by the police. Taking suo motu cognizance of a media report, the NHRC has asked the state government to report within four weeks it version in an alleged case of severe torture of a Class 1 student picked up for suspected theft. The NHRC notice follows close on the heels of the Supreme Court notice to the state government seeking its response by April 15 in the illegal confinement of a minor dalit rape victim in police lock up at the Mahila thana in Kotwali police station at Bulandshahr. According to the NHRC the class 1 student, who was reportedly picked up by the police personnel posted at Krishna Nagar Police Station in Lucknow on February 2, 2013, was subjected to harsh torture, including electric shocks on his ears. The injury behind the ear was noticed when the child was produced before the Juvenile Justice Board. The police flatly denied allegations of torture and pleaded that the victim had been beaten up by the public before being handed over to them. In view of his condition the JJ Board ordered his immediate release on bail. The NHRC has observed that if media reports are correct they raise a serious issue of human rights violation. The SSP, Lucknow, has been served with the notice asking him to submit a report within four weeks. The case Rights body says a class I student was reportedly picked up by the Krishna Nagar police in Lucknow on Feb 2 The boy was subjected to torture, including electric shocks on his ears The injury was noticed when the child was produced before the Juvenile Justice Board Police claimed the victim was beaten up by the public before being handed over to them
	Two Indian peacekeepers killed in South Sudan cremated Shahira Naim Tribune News Service Lucknow, April 11 The two Indian peacekeeping soldiers from Uttar Pradesh — martyred during a United Nations peacekeeping mission in South Sudan — were today cremated with full military honours. The last rites of Havildar Hiralal were performed at his native village of Bijaun under Sikandarabad police station of Bulandshahr this afternoon. His body was brought here this morning and was cremated in the presence of senior dist-rict officials. The mortal remains of the Naib Subedar Shiv Kumar Pal, originally from Pratapgarh, were cremated at Bainsakund in Lucknow with military honours. Chief Minister Akhilesh Yadav today announced financial assistance of Rs 20 lakh each to the two bereaved families of peacekeepers. After paying homage to Pal, whose parents live in Lucknow, Yadav assured to help their families. He said, “The Uttar Pradesh Government will fully support the families of the martyrs. It is towards this that the government is paying Rs 20 lakh to both the families.”
	Modi begins 9-day Navratri fast Manas Dasgupta Ahmedabad, April 11 Gujarat Chief Minister Narendra Modi began a nine-day fast from today as part of a religious ritual in view of "Chaitri Navratri". Modi observes nine-day fasting twice a year during "Chaitri Navratri" in March-April and "Sharadiya Navratri" in September-October. The CM normally avoids moving out of his residence in Gandhinagar during these days, except for attending important official works and meetings. He avoids travelling outside Gujarat though there had been several instances of exceptions as well. It was during one such Navratri celebrations around three years ago that Modi came in conflict with the BJP central leadership when he refused to attend a national executive meeting in Delhi. Modi excused himself on the ground that he did not move out of Gujarat during "Navratri" as he would be fasting, but the party leadership knew it well that Modi was unhappy with the then party president Nitin Gadkari for appointing his bitter enemy Sanjay Joshi in the executive and the excuse of "Navratri" was his way of demonstrating his dislike for the move. According to sources Modi consumes only boiled water during fasting. Soon after completing the fasting, he would begin his whirlwind tour of Karnataka to address BJP election meetings. He minister was expected to be in Karnataka till May 30 and would be one of the star campaigners for the BJP in the state Assembly elections.
	Dismissed Wing Commander says Air Chief’s orders illegal Vijay Mohan/TNS Chandigarh, April 11 Dismissed from the Air Force by a general court martial (GCM) for allegedly demanding and accepting illegal gratification, a wing commander has challenged the proceedings against him on the grounds that certain orders passed by the Air Chief in his case were legally unsustainable. In his petition that came up for hearing before the Chandigarh Bench of the Armed Forces Tribunal today, the officer, Wg Cdr Alok Kumar has also contended several procedural irregularities in the conduct of the court of inquiry and the subsequent trial by the GCM. Issuing notice to the Central government and other concerned, the Bench has ordered an interim stay on the execution of the GCM verdict. A GCM presided by Gp Capt MG Shetty had held the officer, Wg Cdr Alok Kumar, guilty on four of the eight charges of demanding and accepting illegal gratification from delegates of Dassault International during Aero India 2011 at Bangalore. The GCM’s finding and sentence are yet to be confirmed by the court’s convening authority. Dassault’s representative Posina V Rao had lodged a complaint with the authorities against the officer. According to the petition, it was an oral complaint and nothing in written had been forwarded to the IAF authorities. Dassault’s Rafale fighter had emerged as the top contender for the IAF’s contract for 126 medium multi-role combat aircraft, the advance contract negotiations for which are under way. Later, the Chief of the Air Staff ordered the GCM to reassemble and record brief reasons in support of its findings. Last year, the IAF had issued orders that all GCMs are required to record reasons in support of their findings vis-à-vis the charges. This practice has been continuing in the Army for a long time. The petitioner has also contended that the Air Chief’s order is opposed to law and the matter could not have been sent back to the GCM only for the purpose of recording its reasons in support of its findings. He has claimed that it was erroneous for the confirming authority to only seek substitution of reasons in support of its case, which has led to miscarriage of justice.
	MoD ‘inclined’ to correct rank pay inconsistencies: Air Chief Vijay Mohan/TNS Chandigarh, April 11 While pointing out that the implementation of the Supreme Court verdict in the rank pay case pertaining to the Fourth Pay Commission meet the aspirations and the expectations of the affected officers only partially, Chief of the Air Staff, Air Chief Marshal NAK Browne, has said the Ministry of Defence “appeared inclined” to accept the services’ view on the shortcomings in the government orders. In his reply to a letter written to him by a retired officer on the subject, the Air Chief, who is also Chairman of the Chiefs of Staff Committee, has stated that a detailed note is being prepared by the MoD for seeking the views of the Solicitor General. Further, a committee is also being set up to crystallise the problem definition and the views of the stakeholders. A series of meetings have been held between service representatives and officials of the MoD over the past three months, where the said inconsistencies were discussed in detail. The actual fixation of pay scales and problems thereof have also been submitted to the MoD, which in turn has sought the comments of the Controller General of Defence Accounts, Ministry of Finance and the Legal Attache (Defence) on the issues raised. According to the chief’s letter, the implementation order has restricted the benefits by making the court order effective only for those officers who held the rank of flight lieutenant and equivalent as on January 1, 1986. This meant that officers promoted to the rank of flight lieutenant and equivalent after this date would not be covered by the order even though the apex court judgment implied at the benefits were applicable “with effect from” January 1986. Further, the integrated pay scale of the Fourth Pay Commission (FPC) and the minimum pay for each rank have not been amended, which means that there would be two types of pay scales for the same rank and seniority. The basic pay ceiling of Rs 5,100 prescribed by the FPC has not been amended.
	AFT changes Bench hearing Kargil commander’s case Tribune News Service Chandigarh, April 11 Taking a U-turn over its earlier stance, the Armed Forces Tribunal (ATF) has changed the Bench hearing the case of former Kargil brigade commander Brig Surinder Singh. The case pertains to termination of his service for allegedly mishandling classified documents during the 1999 conflict. The Brigadier had contended that the Bench comprising Lt Gen NS Brar as the administrative member could be biased against him as he was a close associate of another war-time commander, Brig Devinder Singh, with whom he had a clash of interest over the scope of intrusions by Pakistan troops and issues pertaining to handling of classified information. When the matter came up for hearing today, the Bench said the case was being transferred to a different Bench at Chandigarh. Earlier, Brig Surinder’s counsel had stated that he would approach the Supreme Court with a plea for a change of Bench after he did not get any relief from the Punjab and Haryana High Court. The Punjab and Haryana High Court had held that it did not have power of superintendence over the administrative functioning of the AFT. “This court has power of judicial review in respect of the judicial decisions of the tribunal. However, it would have no power of superintendence in respect of its administrative functioning in view of Article 227 of the Constitution,” a Division Bench comprising Justice SS Saron and Justice SP Bangarh had ruled. Brig Surinder Singh had moved the high court after the AFT’s regional Bench here and the Principal Bench at New Delhi dismissed his plea for change of Bench. Why the change The case pertains to termination of former Kargil brigade commander Brig Surinder Singh’s service for allegedly mishandling classified documents during the 1999 conflict The Brigadier contended the Bench comprising Lt Gen NS Brar as the administrative member could be biased against him as he was an associate of another war-time commander, Brig Devinder Singh, with whom he had a clash of interest
	Appointment of tehsildars termed routine Tribune News Service Chandigarh, April 11 The Haryana Revenue Department has termed the delay in clearing the file pertaining to the transfers of tehsildars as a routine matter, saying that the work of the department “is performed as per norms in the government offices and action is taken only after detailed study of a file”. Accepting that the department had received the file on April 9, the official spokesperson has withheld the fact that the names in the file had already been debated and accepted in principal for appointment as tehsildars. Several posts of tehsildars are lying vacant in the state and legislators and ministers have been pressing for their early posting. But instead of filling these posts, several officials have been given additional charge. Though neither the Revenue Minister nor any revenue official has come out with a personal statement on the matter, an un-named official has issued a statement, saying that the matter was routine. The reaction of the department seems misplaced, especially since the list was discussed and prepared in consultation with the powers that matter in the state.
	36 cops suspended after graft sting Shiv Kumar/TNS Mumbai, April 11 The Maharashtra Government today announced the suspension of 36 policemen, including a senior police inspector, after a sting operation allegedly showed them collecting money to protect illegal constructions. The sting operation was conducted by a social worker in suburban Kurla who installed a spycam to trap police personnel who took money to look the other way while the resident of a refugee colony illegally added another storey to his barrack-type room. "All the police personnel caught on camera and a senior police inspector have been suspended. We took the decision after viewing the video footage," Home Minister RR Patil told reporters today. The sting operation was conducted by a social worker Kasam Khan, 50, who was asked to mediate between the man constructing the illegal structure and the policemen from the Nehru Nagar police station at Kurla. Khan told reporters that he paid Rs 45,000 in all to the policemen to look the other way. "All of them took the money saying they were doing it on behalf of Senior Police Inspector Dhananjay Bagayatkar, officer-in-charge of the police station," Khan told reporters. Bagayatkar is among those suspended. According to Khan, the constables took between Rs 500 and Rs 1,000 but senior-level personnel took up to Rs 2,000. Khan recorded the footage on DVDs and sent it to several police officers last month. However, many of them dismissed his claims, Khan said. Even Police Commissioner Satyapal Singh first claimed that Khan first offered to bribe them. "The policemen were induced by the man who conducted the sting operation," Singh said. However after Khan released the footage to television channels on Wednesday, the government was forced to act against the policemen. Forced to act The sting operation was conducted by Kasam Khan, a social worker Khan recorded the footage on DVDs and sent it to several police officers who dismissed his claims Only after Khan released the footage to television channels on Wednesday, the government took action against the policemen
	Resignation only after consulting MLAs, says Ajit Pawar Shiv Kumar/TNS Mumbai, April 11 Maharashtra Deputy Chief Minister Ajit Pawar said here today that he would take a decision on resigning from the Cabinet after discussing the matter with his party MLAs. "If I have to resign I will consult my MLAs before doing anything," Pawar told reporters outside the state legislature today. Pawar has become the focus of public anger after he wondered openly at a public meeting last week whether he needed to urinate to increase the water levels in the state's dams. Despite his apology protests continue across Maharashtra with political activists and citizens burning effigies of the Deputy Chief Minister. "I have already apologised inside the house and in front of the media. I want the matter to end now," Pawar said. However, so far, there are no signs of the protests abating.
	Deal firmly with varsity attackers: WB Governor Tribune News Service Kolkata, April 11 Governor MK Narayanan, who called on ailing Chief Minister Mamata Banerjee at a private hospital here today, branded the TMC workers involved in yesterday’s vandalism at the presidency university as criminals. He said the law-breakers should be dealt with firmly. The Chief Minister and TMC leader Partha Chatterjee, however, refuted the allegations levelled against the TMC. The heinous act was committed by CPM cadres. They were carrying TMC flags with the intention of denigrating the party, alleged the CM. The West Bengal Human Rights Commission today directed former presidency college principal Amal Mukherjee to conduct an investigation into the incident and submit a report to the commission within a week. The Vice-Chancellor of Presidency University on Thursday said she would write to the Governor about yesterday’s vandalism, and appealed to Chief Minister Mamata Banerjee to ensure that a serious probe was conducted to identify the attackers. “Presidency University is not like any other educational institution. What happened yesterday was shocking. I will write (to Governor) that the attackers carried TMC flags and how they ransacked and vandalised various departments of the university,” Malabika Sarkar said. She said she would join the students in their protest against the incident. (with inputs from agencies) Mamata's condition stable The condition of West Bengal Chief Minister Mamata Banerjee, who is under treatment at a private nursing home in the city, is "stable". Mamata was taken to the Belle Vue Clinic shortly after she landed in the Kolkata from Delhi on Wednesday. She had complained of breathing problem, palpitation and body pain. Mamata and Finance Minister Amit Mitra were heckled by activists of the Students Federation of India (SFI) at the gate of the planning commission office on Tuesday.
	Maharashtra HM Patil booked for ‘hate’ speech Tribune News Service Bangalore, April 11 An FIR has been filed against Maharashtra Home Minister R R Patil by Karnataka police for promoting enmity between different groups on grounds of religion, race or language for his alleged provocative speech on Belgaum issue, a bone of contention between Karnataka and Maharashtra. Patil has also been booked under Representation of People Act for violation of the election code for the May 5 assembly poll in the state. The FIR was filed for provocative utterances by Patil at a function organised here on Sunday by Maharashtra Ekikaran Samiti (MES). Belgaum Police, which filed the FIR yesterday, is probing the case and shall take legal action accordingly, Superintendent of Police Sandeep Patil said. Patil allegedly made provocative remarks while recalling the incident of a Belgaum Mayor being attacked in Bangalore several years ago for a resolution passed by the civic body seeking merger of Belgaum and other Marathi-speaking areas of Karnataka with Maharashtra.