NEW DELHI: The Supreme Court on Wednesday struck down as ultra vires a provision of the Representation of the People Act which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a Bench of justices A. K. Patnaik and S. J. Mukhopadhaya said.

The court, however, said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.

The provision of RPA says that a lawmaker cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

The apex court's verdict came on the petitions filed by Lily Thomas and NGO Lok Prahari through its secretary S N Shukla who had sought striking down of various provisions of RPA on the ground that they violate certain constitutional provisions which, among other things, expressly put a bar on criminals getting registered as voters or becoming MPs or MLAs.

The PILs had said that certain sections of RPA allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalisation of politics". — PTI

BODG GAYA: As the NIA started its probe into the serial blasts in this temple town, Union Home Minister Sushilkumar Shinde on Wednesday did not rule out the involvement of three to four persons in the attack.

Shinde, who visited the bomb blast sites along with Congress president Sonia Gandhi and party leader Ambika Soni, said a detailed probe was being carried out by the premier investigating agency.

"We condemn the bomb blasts in Lord Buddha's holy land. Such blasts in the peaceful land of Bodh Gaya is a matter of serious concern...We have put in two big teams for investigation. It is the top investigating agency on par with the CBI. It is particularly looking into the problem of terrorists. We have started investigations and questioning a number of people," Shinde told reporters after visiting the site.

He said the Centre had entrusted complete investigations to the NIA after the request of Bihar government in this regard.

"We have visited all the places. Ten out of 13 bombs went off...Small gas cylinders of two to three kilos and nails and ball-bearings were filled and connected with detonators and a watch was kept. All this happened between 5 to 6 am. They must have kept (bombs) at night.

"We are conducting complete investigations. Three-four people may be involved...with a car. We are conducting detailed investigations," Shinde said.

Asked why no arrests have been made in the case, he said, "Arresting anyone in a hurry is not right. Investigations should go into detail and catch hold of the real culprits."

On the failure of intelligence despite information, he said the Delhi Police had handed over information to them in October and on July 3 ,a DIG had conducted a review of the security with the local administration.

"Information was received and we are holding detailed investigation. I have asked details about the information received," he said.

Asked about the involvement of Naxals in the Gaya blasts, he said, "There are so many complex problems. Infiltration from other countries is there, Naxalites are there, local communal disturbances are there. We have to see all angles. — PTI

PATNA: Four persons, including a woman, who were detained for questioning in connection with the Bodh Gaya bomb blasts, were released on Wednesday as no evidence was found against them.

“The four have been released after no evidence of their connection with the explosions was found during their questioning,” Senior Superintendent of Police Manu Maharaj said.

Besides the Bihar Police, they were questioned by the National Investigation Agency (NIA) and Intelligence Bureau (IB) but no evidence of any kind of involvement was found against them in the blasts, the SSP said.

The four had themselves gone to City Superintendent of Police Jaykant after coming to know that they had figured in the CCTV.

The four had booked two rooms in a hotel near the Bodh Gaya temple in the wee hours of Sunday and had checked out of it in merely two hours at 6:30 am.

The CCTV footage captured them near the temple.

During questioning, the four youngsters said they had come to Bodh Gaya to visit the world famous Buddhist temple, the SP said.

Asked why they had booked two rooms only for two hours, they said they knew that the gate of the temple opened at 5 am but when hotel officials told them about the blasts on Sunday they left the place knowing there was no chance of visiting it, the police officer said. — PTI

LUCKNOW: The flood situation in Uttar Pradesh has worsened following heavy rains, and officials said on Wednesday that 116 people have died in the disaster in the past fortnight.

Ten districts have been severely hit by flooding. Sharda, Ghaghra and Saryu rivers are flowing above the danger mark in several districts. Heavy rains continued on Wednesday in many places.

People and livestock are being evacuated from the flooded areas and several companies of the Provincial Armed Constabulary (PAC) have been pressed into service, officials told IANS.

The situation remains grim in Lakhimpur Kheri and Siddharthnagar where flood waters have inundated vast areas.

According to the flood control center, the Ghagra is flowing two metres above the danger mark at Algin bridge in Barabanki, neighbouring the state capital Lucknow. Thousands of people have been displaced.

The Saryu river has breached the danger mark in Ballia and Ayodhya and has wrecked havoc in Basti, Gonda and Sant Kabeernagar.

Since Tuesday, four persons died due to heavy rains and lightning.

According to the relief commissioner's office, the Sharda river has breached the danger mark in Lakhimpur. The strong flow of the river has turned several hectares of agriculture land into swamps.

The maximum rains since Tuesday was recorded in Bahraich (89.2 mm), Kushinagar (80.8mm) and Gorakhpur (68.4 mm) followed by Maharajganj (60.4 mm) and Siddharthanagar (55.4 mm). — IANS

NEW DELHI: The Supreme Court on Wednesday asked Tata Motors to make its stand clear on its leasehold rights over the Singur land in the wake of changed scenario as the company had already moved its car plant out of West Bengal.

“The land was acquired for establishing a car manufacturing plant at Singur. Now, the purpose is no more there as you have already moved out. Now, you cannot say that you still have interests in the land in question,” a Bench of justices H L Dattu and Dipak Misra said.

The court said that the “land should move back to the agriculturists and we may ask the West Bengal government to file an affidavit on the issue of giving the money back to you which you had paid at the time of land acquisition. In the interests of justice, we think it will serve the purpose.”

Moreover, the court has the power to say that the purpose of this lease has got frustrated, the bench said, asking the automobile major to file an affidavit making its stand clear on its rights over the land in the changed scenario.

The court was hearing a special leave petition filed by the West Bengal government challenging the quashing of the Singur Land Acquisition Act by the Calcutta High Court.

The state government had moved the apex court against the high court order, which had struck down the Singur Land Rehabilitation and Development Act 2011 that allowed it to reclaim the 400 acres of land given to Tata Motors.

The High Court had on June 22, last year, ruled that the legislation enacted by the West Bengal government to recover the land leased to Tata Motors in Singur for its Nano small car project was constitutionally invalid as the President’s assent had not been taken for the Act.

The High Court’s order had come on an appeal by Tata Motors Ltd against a decision of its single-judge bench which had held the Act to be constitutional. — PTI

NEW DELHI: The Delhi High Court on Wednesday sought responses from the Central Bureau of Investigation (CBI) and Congress leader Sajjan Kumar on a plea filed by the family of the victims challenging his acquittal in a 1984 anti-Sikh riots case.

A Bench of justices G. S. Sistani and G. P. Mittal issued notice to CBI and Kumar for August 27.

The notice was issued on a plea filed by members of the victims’ family who contended that the trial court had failed to appreciate the legally admissible evidence in its verdict.

The appeal filed by Jagdish Kaur and Nirpreet Kaur, who had lost their close relatives in the carnage following the assassination of then Prime Minister Indira Gandhi, has sought setting aside of the trial court’s April 30 judgement.

They have in their plea filed through advocate Kamna Vohra contended that the verdict was “erroneous” as the trial court had failed to appreciate that there was ample legally admissible evidence against Kumar to show he had allegedly “engineered” the murders of five Sikh persons in Raj Nagar area of Delhi Cantonment.

They also submitted that the trial court had ignored the statements of Jagdish Kaur, Jagsher Kaur and Nirpreet Kaur who were direct witness to Kumar’s presence and “speech of hatred” given by him on November 2, 1984.

On April 30, allowing Kumar to walk free in the case, the trial court in its 129-page verdict had said that Jagdish Kaur’s subsequent testimony, that she had seen him instigating a mob with his provocative speech, was “not acceptable and believable”.

The court had acquitted Kumar, a former Lok Sabha MP from Outer Delhi, but convicted five others — Balwan Khokkar, an ex-councillor, Mahender Yadav, an ex-MLA, Kishan Khokkar, Girdhari Lal and Captain Bhagmal — for their involvement in the case. — PTI

SRINAGAR: Army's top commander in Kashmir today said infiltration was a threat to the security scenario in the Valley but the security agencies were working in a coordinated manner to take on the challenge.

"Infiltration threat is there. There are training camps and launch pads, which are active (in Pakistan-occupied Kashmir). We have effective intelligence in place.

"We have got a synergised intelligence grid with all the agencies and we will take on the challenge," General officer Commanding of Army's 15 Corps Lt General Gurmit Singh told reporters on the sidelines of a function here.

Lt Gen Singh lauded the efforts of the troops along the Line of Control (LoC) saying their alertness ensured that the infiltration attempt by militants to sneak into Kashmir through Keran sector of Kupwara was foiled.

"It was because the troops were alert that the attempt to infiltrate in Keran sector was foiled and five terrorists were eliminated," he said.

The Corps Commander said there is excellent synergy between the various security forces operating in Kashmir to counter the challenges with regard to security scenario.

"We also have the support of the people who assist us in intelligence gathering process. Jammu and Kashmir police also has got an excellent intelligence network," he added.

Asked about the number of militant training camps and launch pads active on other side of LoC, he said the numbers did not matter as effective intelligence would help in overcoming the challenge.

"I would not like to go into the number of training camps and launch pads. What is of importance to me is to have intelligence about the intentions, capability and plans of the militants. I am satisfied with the intelligence efforts we have produced. The operation in Keran sector is an indication that intelligence system is in place," he said. — PTI