NEW DELHI: Hot on the heels of a stiff opposition from allies, the government today decided to drop its move to name a judge to head the Commission set up to probe the snooping of a young woman by the Gujarat Police allegedly at the instance of Chief Minister Narendra Modi.

"We have left the decision on appointing a judge to the next government," government sources said a day after two UPA constituents — NCP and National Conference — openly opposed the move in the "dying days" of UPA-II.

A controversy had broken out last week when senior ministers —  Kapil Sibal (Law) and Sushilkumar Shinde (Home) — told the media that a judge would be named into the surveillance, which was dubbed as 'snoopgate', before May 16 when the counting of votes in the Lok Sabha poll will be taken up.

The announcement came under severe attack from BJP which slammed UPA, saying it was practising vendetta out of desperation of defeat in the elections.

BJP questioned the move now, saying the original decision of the Cabinet was taken in December and they could not decide on a judge all these days.

The party also questioned the need for such a probe when the state government itself had ordered a commission of inquiry into the same subject.

However, what apparently took the government by surprise was the opposition from its allies. Yesterday, NCP leader Praful Patel had said: "When the results of the Lok Sabha elections are due in two weeks' time, where is the need for such an enquiry."

Significantly, NCP chief Sharad Pawar had talked to Prime Minister Manmohan Singh yesterday to convey the party's view in the matter. NCP is the second largest constituent of the Congress-led UPA.

Striking a similar note, National Conference leader and Jammu and Kashmir Chief Minister Omar Abdullah said if the decision to appoint a judge could not be taken in December, then it was wrong to appoint a judge five months later.

"Was talking to my dad last night and he felt the same way-setting up a commission of inquiry in the dying hours of UPA 2 is just wrong.

"If the decision to appoint a commission was taken in Dec it should have been implemented. To appoint a judge 5 months later is wrong," Omar tweeted.

It was alleged that illegal surveillance was carried out on a young woman architect in Gujarat in 2009 at the behest of Modi and Amit Shah, who was the Home Minister at that time.

Unfazed by the opposition from its two allies, Congress spokesperson and Mahila Congress chief Shoba Oza had said there was "no compromise" on going ahead with the probe as the matter does not involve any political party, but women of the country who constitute half of the population.— PTI

Setback for Ashok Chavan as SC says EC can inquire into paid news allegations

NEW DELHI: The Supreme Court on Monday said that the Election Commission was empowered to inquire into the allegation of paid news if the expenses for the same are not being reflected in the election return filed by the candidate.

The apex court bench of Justice Surinder Singh Nijjar and Justice Fakkir Mohamed Ibrahim Kalifulla said this while dismissing a plea by former Maharashtra Chief Minister Ashok Chavan.

Having held that EC can inquire into the allegation, the court dismissed the plea by Chavan who had challenged the Delhi High Court order, holding that the Commission can inquire into the allegations of paid news if same was not disclosed by the candidate in his election expanses returns.

The court said EC will hold day-to-day hearing and decide the complaint in 45 days.

In the 2009 Assembly election, Chavan had won from Bhokar Assembly seat in Nanded by a margin of 1.25 lakh votes. His opponent, Independent candidate Madhav Kinhalkar, filed a complaint with EC, accusing him of hiding expenses on a 'paid' supplement titled 'Ashok Parva' (The era of Ashok) in a leading Marathi daily.

Chavan and the daily's management denied the allegation saying that the supplement was not a paid one.

EC probed into Kinhalkar's allegations. The Delhi High Court in 2010 declined Chavan's plea seeking the stay of the Election Commission proceedings. He then moved the apex court in November 2011. — IANS

LUCKNOW: Lashing out at Narendra Modi’s close aide Amit Shah for his controversial remarks against Azamgarh, BSP chief Mayawati on Monday said Gujarat can be termed as a “base of communalism” by the same parameter and demanded that the Election Commission ban his entry in Uttar Pradesh.

Mayawati said if Shah’s parameter was considered to be right, there was nothing wrong if Gujarat was called as the “centre of communalism”.

The BSP leader told reporters that “such a statement violating mode code of conduct could vitiate law and order in Azamgarh and eastern UP. Gujarat can also be termed as a base of communalism and crime. I demand EC again ban Shah in Uttar Pradesh.”

“As far as Shah’s remarks are concerned I will like to say that if some persons of Azamgarh district have done anything wrong whether Hindu or Muslim, it does not mean that the people of the entire society are terrorists,” Mayawati said.

Shah landed in a controversy by dubbing Azamgarh as the “base of terrorists”, drawing sharp reaction from ruling SP, which demanded that Election Commission should take cognisance immediately and act against him. — PTI

FAIZABAD: With the portrait of Lord Ram providing the backdrop, Narendra Modi on Monday asked people "living" in the birthplace of the Hindu deity to teach Congress and those who support it a lesson for not fulfilling electoral promises.

Modi skirted any reference to his party's pet theme of building Ram Temple at the disputed site in Ayodhya, which is part of the district and epicentre of Ram Mandir movement, but made several references to Lord Ram to exhort people to defeat Congress, SP and BSP and support BJP.

"This is the land of Lord Ram where people believed in 'pran jaye par vachan na jaye' (one may lose life but cannot break promise). Can you pardon those who broke their promises?," the BJP prime ministerial candidate said at a rally, referring to the ruling party's unfulfilled promise of providing 10 crore jobs to people.

He also took on SP, which is in power in UP, and Mayawati-led BSP, saying they are enemies in Lucknow but friends in Delhi.

"They save the government of 'maa-beta (Sonia-Rahul)'. The Congress saves them from CBI. It protects netaji (Mulayam Singh Yadav) from CBI. They believe in you scratch my back, I scratch yours.

"I, from this land of Lord Ram, promise you that I will fight corruption my whole life. Where do I get the strength to speak this? I have lived this my whole life," he said.

The SP and BSP governments spend their time in settling scores with each other. "Law and order is so bad that people prefer buying guns to providing medical care to their parents and good education to their children," he said.

The EC has sough a report from the Faizabad district magistrate on Narendra Modi's speech and stage backdrop, UP Chief Electoral Officer Umesh Sinha said. — PTI

GUWAHATI: Curfew was on Monday relaxed in violence-hit Baksa and Kokrajhar and neighbouring Chirang districts of Assam, where 34 persons were killed in the mayhem unleashed by NDFB-Songbijit militants since Thursday last.

With no fresh incident reported so far, the district administrations relaxed the prohibitory order imposed since Friday night for eight hours from 10 am at Baksa, for six hours at Kokrajhar and for seven hours from 10 am at Chirang, respectively.

Flag march by the Army continued to instil confidence among the people even as the security forces were patrolling the affected areas to prevent further outbreak of violence, the sources said.

No fresh attacks were reported since Friday from Baksa and Kokrajhar districts falling under the Bodoland Territorial Areas districts (BTAD), which also includes Chirang and Udalguri districts, the sources said.

IGP L. R. Bishnoi claimed a major attack was averted on Sunday with the killing of two NDFB-S militants in an encounter at Baksal village in Udalguri district where they had gone to unleash violence in nearby villages.

Bodies of two women, feared drowned while attempting to flee, were recovered at Durmonighat under Barpeta Road police station on Sunday taking the toll to 34.

Thousands of people, who fled their homes during the violence, were being provided shelter by the government in relief camps. — PTI

NEW DELHI: The Centre today agreed in the Supreme Court to re-examine the contentious issues on selection of the Lokpal and said it was was ready to make final amendments in the rules before proceeding with the process.

"With regard to rule 10 clause (1) and 10 clause (4), Solicitor General (Mohan Parasaran) submits to re-examine the issue and make final amendments in the rules and then proceed further with the matter," a Bench headed by Chief Justice R. M. Lodha said in the order.

The Bench, also comprising justices Madan B. Lokur and Kurian Joseph, passed the order after taking the consent of the Solicitor General that it was taking on record his statement that "the selection process shall not commence on existing rules".

During the hearing, the Bench observed that the matter like this, if stalled, will not be good. It also said the government will have have to evolve procedure which is "transparent" and that the rules have to be in consonance with the statutory provisions.

The Bench noted that four months have already passed since the Lokpal and Lokayuktas Act was passed in December 2013 and nothing has been done.

The Solicitor General assured the court that the government will amend the procedure and start the process of selection.

The Bench also wanted to know from the Centre "how will you achieve the objective of transparency that is the question".

Advocate Prashant Bhushan, appearing for NGO Common Cause, submitted that government cannot proceed on the basis of rule 10 clause (1) and 10 clause (4).

Rule 10 (1) provides that the Search Committee shall prepare a panel of persons to be considered by the Selection Committee for appointment of chairperson and members of the Lokpal, from among the list of persons provided by the Central government, which, it has been argued, "directly runs counter to the very object of having an independent Lokpal and the provisions of the said Act".

Bhushan submitted that the names of persons shortlisted by the search committee be brought into public domain through the website a week before the selection.

This is the basic minimum transparency which is required, he said.

The Bench also agreed that "they (government) have to evolve procedure which is transparent" and also concurred with the submission of Bhushan, before posting the matter for July 4.

The Centre had earlier informed the apex court that it will not take any immediate decision on the appointment of chairperson and members of the Lokpal, virtually indicating that the decision in this regard might be left to the new government after the General Election.

The Solicitor General had earlier told the Bench that the government was not planning to take any decision on the appointment of Lokpal after which the apex court posted the case for today.

The Bench was hearing a plea filed by NGO Common Cause seeking a stay on the entire selection process of appointment of chairperson and members of the Lokpal, saying the government was going ahead with it despite the apex court being seized of the issue.

"It is submitted that the latest move by the government to proceed with the appointment of the chairperson and members of the Lokpal, even while this court is seized of the issue of the validity of the rules framed under the Lokpal Act, is not only highly improper but also illegal and arbitrary," the application had said.

The NGO had filed the fresh plea following apex court's oral observation during an earlier hearing in which the Bench had said if it comes across any such development by the government so far as the selection of the Lokpal and its members was concerned, it would be at liberty to approach this court for interim directions.

The NGO's plea had sought to declare "illegal" the rules under which selections are being done.

The NGO had filed the fresh plea in the matter pending before the apex court in which it had questioned the entire selection process for the appointment of chairperson and members of the Lokpal.

On April 1, the Bench had sought response from the Centre asking it to justify within four weeks the Search Committee (Constitution, terms and conditions of appointment of members and manner of selection of panel of names for appointment of Chairperson and Members of Lokpal) Rules, 2014, framed under the Lokpal and Lokayuktas Act.

The PIL has sought a declaration that certain provisions of the rules are ultra vires of the Lokpal and Lokayuktas Act and also sought quashing of the entire selection process initiated under the rules alleging that it is "illegal, arbitrary" and violative of Article 14 of the Constitution.

It has said the government is going ahead with the selection process despite there being serious flaws in the rules under which selections are being done.

"Justice K.T. Thomas and Fali Nariman, who were offered the post of the chairman and member of the Search Committee, respectively, have already declined to accept the offers on these very grounds," the petition has said.

"Therefore, if the selection process of the Lokpal is not stayed during the pendency of the present writ petition, it would be rendered infructuous and public interest would suffer," it has said. — PTI