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| Sunday, August 20, 2000, Chandigarh, India   
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Consultation under Article 234 must: SC TADA detainees’ release allowed
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15 Congress MLAs
suspended in AP Nexus between Cong,
BJP, alleges Mann Four kidnapping
cases solved Govt ready for talks
with militants Assets worth 2 cr
detected in raids No third party
mediation: BJP AIADMK ex-minister,
kin acquitted Flood toll in Bihar
rises to 61 Heavy rain likely in HP areas
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Consultation under Article 234 must: SC NEW DELHI, Aug 19 — The Supreme Court has struck down the Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Judicial Service) Rules, 1981, as “ultra vires of the Constitution and hence void” as they were not framed with the consultation of the Himachal Pradesh High Court as contemplated by Article 234 of the Constitution. A three-judge bench comprising Chief Justice A.S. Anand, Justice R.C. Lahoti and Justice K.G. Balkrishnan ruled, “The Reservation Rules, 1981, having been framed without consultation with the High Court of Himachal Pradesh are ultra vires the Constitution and hence ineffective and unenforceable in view of the Article 234 of the Constitution”. Holding the consultation under Article 234 to be mandatory with regard to the framing of rules for appointments to the judicial service of the state (excluding District Judge), the judges held that “there was no consultation much less effective and meaningful consultation by the state government with the High Court”. The judges said, “Article 234 provides for appointments to the judicial service of the state (excluding District Judge) to be made by the Governor after consultation with state Public Service Commission and the High Court of the state”. Pointing out that the said Ex-Servicemen Reservation Rules, 1981, were never referred by the Governor to the High Court and the High Court never had any occasion to consider the rules, the judges stated, “the consultation contemplated by Article 234 is not a matter of mere formality; it has to be meaningful and effective”. “Judicial services have to be independent of executive influence and so the Constitution has placed them on a pedestal different from other services under the state. The constitutional scheme aims at securing an independent judiciary which is the bulwark of democracy”, the judges added emphasising the primacy being assigned to the High Court in the process of consultation. Justice Lahoti delivered the judgement for the Bench which dismissed the appeal of Mr A.C. Thalwal, Senior Sub-Judge-cum-Chief Judicial Magistrate, against the judgement of the Himachal Pradesh High Court which upheld the pleas in the writ petitions of two sets of judicial officers challenging the 1981 rules and their adverse impact on their services. Under the said rules Mr Thalwal received the benefit of 11 years of his service in the Air Force after retirement
there from upon joining the judicial service of the state which resulted in the stepping up of his seniority. Upholding the High Court judgement, Justice Lahoti ordered, “With a view to balance equities and avoid any hardship to the appellant (Thalwal), it is directed that in spite of these appeals being dismissed and the judgement under appeal being implemented, the appellant shall continue to hold the post presently held by him”. “He shall be considered by the High Court for appointment by promotion on the post of Senior Sub-Judge-cum-Chief Judicial Magistrate or an equivalent post at a point of time when he would become eligible for such consideration pursuant to the judgement under appeal of the High Court”, the Supreme Court Justice directed. The Judge further ordered, “If he is found fit for such promotion, he shall be so promoted and for future his seniority in the cadre of Senior Sub-Judge-cum-Chief Judicial Magistrate shall be reckoned from the date of such promotion. If he may be found not fit for such promotion then he may be reverted to the post of Sub-Judge-cum-Judicial Magistrate”. |
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TADA detainees’ release allowed MYSORE, Aug 19 (UNI) — TADA designated court and Principal and Sessions Judge Rajendra Prasad today passed an order allowing the government to withdraw the cases against 51 alleged associates of forest brigand Veerappan, who had been serving jail term here for nearly seven years. In his 64-page order, the Judge allowed Special Public Prosecutor Aswin Kumar Joshi to withdraw the cases under Sections 3, 4 and 5 of the TADA Act. The release of the accused was one of the demands made by forest brigand Veerappan for releasing Kannada matinee idol Rajkumar and three others held hostage by him since July 30. The court, however, had rejected the objection filed by Mr Abdul Karim, father of late M. M. Hills police Inspector Shakeel Ahmed, who was killed by Veerappan in an ambush along with Superintendent of Police Harikrishna. The Judge posted the case to August 21. The cases would now be dealt with by the district and sessions court where the advocates appearing for the 51 detainees could file the bail petitions. Veerappan’s associates, including 12 women, had been arrested in connection with the killing of five policemen in the Ramapur police station on May 20, 1992, the killing of Mr Harikrishna and Shakeel Ahmed on August 14, 1992, and the killing of six special task force personnel in an encounter on May 2, 1993. The detainees included one Simon, who was charged with masterminding a landmine blast that killed STF personnel in April 1993. BANGALORE: The high-powered committee headed by Karnataka Chief Minister S. M. Krishna today reviewed the situation arising out of the Mysore sessions and principal court dropping the TADA cases against 51 detainees, including 12 women, whose release was one of the demands made by forest brigand Veerappan for the release of Dr Rajkumar and three others. Official sources said the government would not oppose the bail applications to be moved by the detainees, who were in the jails at Mysore for more than seven years. Mr Krishna, later talking to newspersons said the government was awaiting information from Tamil Nadu regarding the developments after the emissary of the two governments, Tamil magazine Nakkeeran editor R. R. Gopal had left for the forests two days ago to resume negotiations with Veerappan. He said the hostage crisis would not affect the two-day visit of Japanese Prime Minister Yoshiro Mori from August 21. Terming the visit as a good development, he said it would help the state to garner more investments. |
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15 Congress MLAs
suspended in AP
HYDERABAD, Aug 19 (PTI) — Fifteen more Congress MLAs were suspended today from the Andhra Pradesh Assembly for the morning session for stalling the proceedings and the MIM staged a walkout in protest even as the “fast unto death” by suspended legislators of the Congress and CPM, demanding rollback of hike in power tariff, entered the second consecutive day. Of the 90 Congress MLAs, 60 legislators, including CLP leader Y. S. Rajasekhar Reddy, were suspended yesterday. Fifteen more Congress legislators, who were not present in the House yesterday, attended the House this morning only to be suspended for the first session. Meanwhile, the suspended Congress and CPM legislators have resorted to an indefinite relay fast at old MLA quarters here since last evening amid a high-voltage drama. |
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Ranjit Singh’s statue in Parliament NEW DELHI, Aug 19 — A more than life-size bronze statue of Maharaja Ranjit Singh riding a horse will soon adorn the Parliament complex with the general committee of the Lok Sabha headed by the Speaker Mr G.M.C. Balayogi, taking a decision to this effect. The last Sikh ruler of Punjab would be the first prominent person from the community who has earned this distinction. According to the Vice-Chairman of the National Commission for Minorities Commission, Mr Tarlochan Singh, he had pointed out that not a single Sikh leader’s portrait or statue had been installed in Parliament. The installation of the proposed statue has been entrusted to the Maharaja Ranjit Singh Trust here. Mr Tarlochan Singh said the statue would be 12 feet high, presenting the Maharaja on horseback. It will be a replica of the statue already installed in the Ram Bagh complex in Amritsar. He said the installation of the statue would coincide with the second centenary of the Maharaja’s coronation on April 13,which is also Baisakhi day. Mr Tarlochan Singh said he had also taken up with the government the issue of installation of photographs of at least five Sikh leaders in the Central Hall, where a large number of portraits of people who have made immense contribution to the country are displayed. He said Parliament could surely honour people like Shahid Bhagat Singh, Baba Gurdit Singh of Kama Gata Maru fame, Namdhari leader Baba Ram Singh and Akali leaders Baba Kharak Singh and Master Tara Singh. Mr Tarlochan Singh appealed to the Punjab Government to contribute towards the statue as the Maharaja Ranjit Singh Trust would find it difficult to raise the funds on its own. Chandigarh: The joint committee on portraits and statues of national leaders and parliamentarians at its last sitting in the Parliament House complex approved a proposal for the installation of a “statue of Maharaja Ranjit Singh astride a horse.” An intimation in this connection has been sent to Mr K.S.Bains, Chairman, Maharaja Ranjit Singh Trust, New Delhi, by Mr Brahm Dutt, Deputy Secretary of the Lok Sabha Secretariat. A copy of the letter has also been sent to Mr Sukhdev Singh Dhindsa, Union Minister of Youth Affairs and Sports. The Lok Sabha Secretariat has requested the trust authorities to arrange for a statue of Maharaja Ranjit Singh astride a horse for installation in the complex. The statue should be 12 feet in height and made of bronze conforming to ISI specifications. In case work on the statue has not started, its maquette in wax or plaster of paris may be sent for approval of the committee, the letter written by Mr Dutt stated. Before installation, the statue would be inspected by the committee. After its approval the installation site would be decided . A delegation led by Mr Sukhdev Singh Dhindsa had met the Speaker of the Lok Sabha, Mr G.M.C. Balayogi, requesting him to install the statue of Maharaja Ranjit Singh in the complex to mark the bicentennial of enthronement of the Maharaja. Besides, the late Mr Partap Singh Gill had written a letter to the Prime Minister, Mr Atal Behari Vajpayee, last year protesting against Parliament not recognising sacrifices made by thousands of Sikhs for freeing the country from foreign rule. He had stated that statues or portraits of Sikh martyrs had not been installed neither in the Parliament hall nor in the complex. Maharaja Ranjit Singh, the only son of Sardar Mahan Singh Sukkarchakkia, was born of Bibi Raj Kaur on November 13, 1780. He was named as Budh Singh. In commemoration of the victorious campaigns of his father, his name was changed to Ranjit Singh, victor of battles. In his infancy he was attacked by smallpox and lost the sight of his left eye. Ranjit Singh was 10 when his father died, His mother acted as regent with the assistance of Diwan Lakhpat Rai. In 1796, at the age of 16, he was married at Batala to Mehtab Kaur, the daughter of Mai Sada Kaur, head of the Kanhaya State. After winning several battles, he passed away on June 27, 1839. Following his death, the Britisher captured Punjab in a short period. |
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Nexus between Cong,
BJP, alleges Mann NEW DELHI, Aug 19 — While speaking in the Lok Sabha, Mr Simranjit Singh Mann said the sneaking of the Right wing of ultra nationalism into politics was very dangerous. Urging the Home Minister and others to take serious note of it, Mr Mann said because of the nexus between major political parties, those involved in the “Sikh massacre of 1984” were still at large. No party, whether it be the BJP or the Congress, had taken action against the powerful accused. He said such a nexus of the major political parties was very “shameful”. He said Sikh relics, which were taken away from the Golden Temple by the Army in 1984, had not been returned so far by the Union Government. He said these relics were still with the government. He said there was no difference between the Congress and the BJP as far as Right wing ultra nationalism was concerned. He gave some examples to prove his point. Raising the issue of Udham Singh Nagar district, he said Sikhs were pained because they felt the district should not have gone to Uttaranchal. While the BJP and its allies presented the Bill with regard to the creation of Uttaranchal, the Congress party supported it. Taking up the issue of Sikhs in jails, Mr Mann said since 1984, Sikh prisoners, who were in jails, remained there without trial. Mr L.K. Advani had promised to release the detainees but that had remained only on paper. He alleged fake encounters took place against minorities. People were caught and not brought to justice but killed. “We have our population in the border states of Rajasthan, Haryana, Himachal Pradesh and Jammu and Kashmir but Punjabi is not taught in these states and the minorities are not getting fair share of justice and their constitutional rights”, he asserted. |
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Four kidnapping
cases solved NEW DELHI, Aug 19 — The Delhi police today claimed to have solved four cases of kidnapping, three of them involving two-year-old boys, reported from various parts of the Capital during the past 10 days. Two-year-old son of a businessman of the Shastri Nagar area in North Delhi, Annu Garg, who was kidnapped yesterday, was rescued from Azad Market this morning. The victim’s uncle, Rampat Singh, his friend Rekha, her daughter Shalu, and her boyfriend Manoj were arrested on charges of kidnapping the child for ransom, the police said. The second incident also involved a two-year-old boy who was kidnapped by Phool Nath from Uttam Nagar in West Delhi last evening. He was rescued by an ex-Army man. The police claimed to have worked out a kidnapping case of two-year-old Keshav Sethi, son of a businessman and grandson of well-known share broker of Delhi, who was abducted from Panchsheel Park on August 11. The share broker’s driver, Manu Prasad, employee Dheeraj Kalia and their friend Shahil Shah have been arrested in this connection. In the fourth case, the police arrested Manish Chauhan, and rescued a 15-year-old boy who was kidnapped from Ambedkar Nagar in South Delhi. The accused was taking the victim towards Noida. When he reached Kalindi Kunj, he was arrested by a police official and the victim was rescued, the police said. |
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Govt ready for talks
with militants
NEW DELHI, Aug 19 (PTI) —Defence Minister George Fernandes has said that “technicalities” should not come in the way of initiation of a dialogue with Kashmiri militant groups asserting that the government was ready for talks with them without any pre-conditions. Refuting that there were any differences in the government regarding talks, he said the government felt that the problem in Kashmir could be solved only through a dialogue. In an apparent reaction to recent statements of some Hizbul Mujahideen leaders on resumption of talks, the Defence Minister, interviewed on a television programme “Darasal” to be telecast on Doordarshan tomorrow night, described these developments as “positive”. “People like Hizbul Mujahideen are Kashmiris... They are Indians... Our own citizens. We cannot hesitate to talk to them... What is wrong in talking to them?”, Mr Fernandes said. He said whenever ethnic groups like Hizbul Mujahideen wanted to talk, “we should certainly talk to them”. He, however, made it clear that as Defence Minister it was his duty to ensure the safety and security of the nation’s borders and fight terrorism. Asked if there was any pre-condition for such a dialogue from the government side, Mr Fernandes said, “Where is the question of any condition...? When Pakistan says it wants to talk... we tell them (Pakistan) that they should stop such things (cross-border terrorism). But to our own people we are saying leave this, come sit and talk.” Asked what he made of signals from the Hizb, the Defence Minister said the group had been involved in terrorist activities for the past 10 to 12 years and many of their cadres had been killed. “They (Hizb) have also come to the conclusion that this is not the way and they should talk... They only came with the proposal... We can only conclude that they themselves want a dialogue,” he said. Mr Fernandes said India was ready to resume talks with Pakistan if it stopped helping terrorists. |
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Assets worth 2 cr
detected in raids PATNA, Aug 19 (PTI) — The CBI has detected assets worth over Rs 2 crore during simultaneous searches conducted by its sleuths at residential and business premises of two former Bihar Animal Husbandry Department officials at Patna, Aurangabad and Ranchi, the agency’s sources said. The raids were conducted yesterday in connection with disproportionate assets (DA) case against former Animal Husbandry Department Director Ramraj Ram and former Assistant Director of Hotwar cattle farm, Birsa Oraon, they said. The agency sleuths searched eight premises of Ram and his sons-in-law and four premises of Oraon at Patna, Ranchi and Aurangabad and found huge assets and property in the name of the two and their relatives. Ram has already been chargesheeted by the CBI in several cases of the fodder scam. The DA case is an offshoot of the fodder scam. |
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No third party
mediation: BJP NEW DELHI, Aug 19 — The BJP today ruled out a third party mediation in Jammu and Kashmir. Responding to queries on the Hurriyat’s offer to hold talks with the Indian Government and Pakistan, the BJP Vice-President, Mr Jagdish Prasad Mathur, said there was no question of a third party mediation in Kashmir. Let the Hurriyat leaders decide whether they want to continue their talks with the Centre and support ceasefire or be dictated by Pakistan, Mr Mathur pointed out. So far as India is concerned, India would not talk to Pakistan until Islamabad stopped aiding and abetting cross-border terrorism, the BJP leader said. |
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AIADMK ex-minister,
kin acquitted CHENNAI, Aug 19 (UNI) — Former AIADMK Minister V. Sathiamoorthy and six of his family members have been acquitted in the Rs 83.32 lakh disproportionate assets case by a special judge. Judge V. Radhakrishnan held that the prosecution had failed to prove the charges against the accused beyond any reasonable doubt. The prosecution case was that Mr Sathiamoorthy had amassed wealth to the tune of Rs 83.32 lakh in his name and in the name of his family members, disproportionate to his known sources of income when he was Commercial Taxes Minister during the previous AIADMK regime. Besides Mr Sathiamoorthy, the other accused in the case are his wife Chandra, in-laws
Thangamammal, G. Mayazhagudevar and three of his relatives — T. Anjali Devi, Pushpavalli and Nagavalli. Charge sheet in the case was filed on November 4, 1997 and in the trial, which commenced on April 28, 1998, 113 prosecution witnesses and 31 defence witnesses were examined. Of the 46 corruption cases registered against former Tamil Nadu Chief Minister and AIADMK supremo J. Jayalalitha, some of her erstwhile Cabinet
colleagues, IAS and IPS officials, this was the eleventh verdict delivered by the special judges. |
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Flood toll in Bihar
rises to 61 PATNA, Aug 19 (UNI) — Bihar is still reeling under severe floods with swollen rivers submerging fresh areas in the state. Official sources said here today that the floods had claimed 61 lives so far. The maximum number of 15 deaths were reported from Sitamarhi district, while eight persons lost their lives in west Champaran district, 12 in Muzaffarpur, nine in Samastipur, seven at Sheohar and five each at Darbhanga and Saharsa. Army helicopters continued to drop food packets in the worst-affected districts of Sitamarhi, Muzaffarpur and Madhubani. Altogether six army motor boats and more than 2000 boats had been pressed into service in the flood-hit areas to carry out rescue and relief operations. Standing crops worth over Rs 21.12 crore had been damaged in the flood. A Darbhanga report quoting Divisional Commissioner Jai Ram Lal Meena said over 8.45 lakh persons were affected by the flood water in Darbhanga division of north Bihar. He said nearly 800 persons had taken shelter in higher places. The flood water had entered 630 villages under 20 blocks of the division. Standing crops, over an area of more than 60.79 lakh
hectares, had been destroyed in the division. In all, 19 relief, 100 health and 25 veterinary centres were functioning in the affected areas. |
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Heavy rain likely in HP areas NEW DELHI, Aug 19 — The monsoon has been active in Himachal Pradesh, east Rajasthan and the plains of west Uttar Pradesh. Rainfall: Rain or thundershowers have occurred at most places in Himachal Pradesh, east Rajasthan and the hills of west Uttar Pradesh, at a few places in Haryana, Jammu and Kashmir and Punjab and at isolated places in west Rajasthan. The chief amounts of rainfall in cm are: Haryana: Guhla 5, Jagadhari 2 and Naraingarh 1; Himachal Pradesh: Kataula 10, Hamirpur 5, Kasauli 4, Rajgarh and Shimla 3 each and Bhuntar, Dehragopipur, Jubbal, Kangra, Paonta and Rohru 1 each; Jammu and Kashmir: Jammu 1; Punjab: Dasuya 3 and Balachaur and Patiala 1 each, Rajasthan: Laxmangarh 7, Dausa, Kotputli and Ramgarh 5 each, Alwar,
Chomu, Gangapur city, Sapotra, Silisad and Srimadhopur 2 each and Bhanwargarh, Dholpur, Kanota, Malakhera and Thana Gaji 1 each; and Uttar Pradesh: Haripur 8, Allahabad 6, Chhatnag, Dabri, Mirzapur,
Palliakalan, Regoli and Rudraprayag 4 each, Basti, Hanuman Setu, Jaunpur and Uttarkashi 3 each, Ayodhya, Balrampur, Hardwar and Neemsar 2 each and Bhatpurwaghat, Birdghat, Ballia, Bareilly, Chandradeepghat, Chillaghat, Ghazipur, Hamirpur, Kalpi, Katerniaghat, Marora, Shahjina and Shardanagar 1 each. Forecast valid until the morning of Aug 21: Rain or thundershowers will occur at many places in Himachal Pradesh, Jammu and Kashmir and Uttar Pradesh, at a few places in Haryana, Punjab and east Rajasthan and at isolated places in west Rajasthan. Heavy rainfall warning: Heavy rain is likely at isolated places in Himachal Pradesh and Uttar Pradesh during the next 24 hours. Forecast for Delhi and neighbourhood valid until the morning of Aug 21: Generally cloudy sky with one or two showers/thundershowers. Possibility of a thunderstorm in some areas. Farmers’ weather bulletin for Delhi forecast valid until the morning of 21: Moderate to rather heavy rain will occur at many places. Outlook for the subsequent two days: No large change. |
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