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| Wednesday, September 20, 2000, Chandigarh, India   
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US help on Kashmir not sought: George PM’s US visit a
failure: Cong HC seeks ATR
against Advani Magistrate exceeded jurisdiction: HC SC defers hearing in Veerappan case |
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Gopal leaves for forests today ‘Z’ security for Ramadoss sought ‘Litigant can appeal against injunction’ Telecom staff strike
hits services ‘Reverence’ no more at govt cost Press Council warns ‘Outlook’ Delhi Govt to set up sex clinics
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US help on Kashmir not sought: George KANPUR, Sept 19 (UNI, PTI) — The Vajpayee government was neither dependent on the USA’s help in solving the Kashmir problem nor had it sought its intervention in this regard, Defence Minister George Fernandes said today. Talking to reporters here, he said Prime Minister Atal Behari Vajpayee’s mention of the Kashmir issue in his address at the recent UN Session and Pakistan’s role in this context was just to raise the sensitive issue of terrorism on the provocation from across the border. It was to mobilise world opinion against the growing terrorism worldwide. It never meant that India was seeking help or intervention on the Kashmir issue from the USA or any other quarter, he clarified. The Defence Minister said India had never depended on any assistance from the USA in dealing with the situation in the past and had fought three wars against Pakistan on its own. Mr Fernandes said he expected no change in the Pakistani stand on the Kashmir issue and its tendency of encouraging terrorism and disruptive activities in the troubled state. However, India would not give a hasty reply as it was a matter between two nations, he added. The Defence Minister arrived here this morning on a day’s visit. He inaugurated the 20th national convention of the India Defence Employees Federation in Armapur. Mr Fernandes said he did not feel that the morale of militants was high in Kashmir and expressed satisfaction over the ongoing efforts of containing the situation in the troubled state. Replying to a question, the Defence Minister said there was no move of privatisation of any ordnance factory. Earlier, addressing the defence employees’ convention, Mr Fernandes said the issues of proper categorisation and rational redeployment of ordnance factories employees were under consideration of the ministry and a decision was expected shortly. Speaking about defence purchases, he said the country would get three submarines and as many destroyer ships from Russia in two years. Mr Fernandes said the law and order situation in West Bengal was even worse than that of Bihar and asserted that he had not recommended President’s rule in the state. “I have not recommended President’s rule in the state though there is a demand for it. Action on the West Bengal report will be taken by the Cabinet after the Prime Minister’s return from the USA” he said. PM’s US visit a
failure: Cong NEW DELHI, Sept 19 — Terming Prime Minister Atal Behari Vajpayee’s US visit as a failure, Congress leaders today said that it had failed to achieve any of the desired objectives. Addressing a demonstration at Jantar Mantar, Congress leaders, including Ms Mohsina Kidwai, Ms Ambika Soni, Mr Jagdish Tytler and Mr Sajjan Kumar, said the Prime Minister had shown his real face during the visit. Criticising his remarks at a VHP rally in the USA, they said that the Prime Minister’s clarification on the issue of swayamsevak will not be able to hide the truth from people. They said that the Prime Minister had failed to adequately expose Pakistan’s support to cross-border terrorism. India could also not get support for a permanent seat in the Security Council. Comparing Mr Vajpayee’s performance in foreign relations to that of Indira Gandhi and Rajiv Gandhi, the Congress leaders said that India was an undisputed leader of the Third World during the Congress regimes. Major international summits were not held without India’s confirmed participation, they claimed. Congress thinking on Mr Vajpayee’s trip was also reflected on the banners some of which said, “Sari Duniya gai he jaan, RSS Vajpayee ki hai pahachan” and “Atal ka dekho khel, videsh niti kar di fail.” However, the BJP today said the visit had brought the two countries closer to each other and enabled them to understand each other’s position on various issues. “The visit has also led to Mr Vajpayee emerging as a world leader. The Indo-US relations which have received a boost from this visit would continue in the next US Administration too as it has enabled both nations to understand each other better,” senior party leader J.P. Mathur told reporters here. He said this visit has also brought about a gradual “shift in the US stand towards
India”. HC seeks ATR
against Advani NEW DELHI, Sept 19 (PTI) — The Delhi High Court today sought an action taken report (ATR) from the Centre on the alleged finding of the Income Tax Department that 17 Jain-hawala scam accused persons, including Union Home Minister L.K. Advani and Finance Minister Yashwant Sinha, had disproportionate assets. A Division Bench comprising Chief Justice Arijit Passayat and Mr Justice D.K. Jain directed Solicitor-General Harish Salve to file an affidavit by December 18 giving details about the follow-up actions (with regard to tax recoveries) against them, following two investigative reports by the Income Tax Department on their “disproportionate” income during the relevant period (1989-91). The court told advocate A.K. Singh, appearing for a local journalist Om Prakash Tapas, who brought the matter before the court in the form of a public interest litigation (PIL) that it would see what further steps should be taken in the case. The court also directed the Delhi Police Commissioner to take appropriate steps on Tapas’ complaint regarding the alleged anonymous threats received by him from various quarters. Besides Mr Advani and Mr Sinha, Union Minister Ajit Panja and Sharad Yadav’s names also figured in the list submitted by the petitioner, against whom the Income Tax Department had carried out the investigations. Income Tax Department’s Additional Director (Investigation) B.D. Sinha in an affidavit had admitted that department’s officials D.C. Agarwal and Y.K. Batra had investigated the matter against 18 hawala accused persons mentioned in the list. He stated that separate appraisal reports against each of them were forwarded to the assessing officials concerned. Among others whose names figured in the list are; former Deputy Prime Minister Devi Lal, his son Ranjit Singh and grandson Pradeep Singh, Congress leaders, Arjun Singh, N.D. Tiwari, Buta Singh, K. Natwar Singh, R.K. Dhawan and S. Krishna Kumar. The list also contained names of former Union Minister Arif Mohammed Khan, former bureaucrats H.K. Khan, Prakash Bhatia and Basan Ravdhankne. The PIL claimed that Aggarwal in his report had found that out of the 41 persons chargesheeted in the hawala case by the CBI, 22 had “unaccountable black money”. The subsequent report submitted by Mr Batra made it clear that out of 22 persons, 11 had assets “disproportionate” to their known sources of income, the petition said. Magistrate exceeded jurisdiction: HC NEW DELHI, Sept 19 (UNI) — The Delhi High Court ruled today that a Metropolitan Magistrate had no legal authority to transfer an on-going case from one investigating agency to another. Police Commissioner Ajai Raj Sharma had challenged Metropolitan Magistrate Rajesh Kumar’s order last year to transfer a rape case for proper investigation to the crime branch. Mr Sharma had claimed that only he, not any Magistrate, could transfer the investigation of any case to the crime branch or any other wing of the police. A Magistrate has to function within the scheme of the Criminal Procedure Code (CrPC) under which there is no provision for a Magistrate to transfer investigation. “The Metropolitan Magistrate should have given sufficient time to the police for investigating the case,” said Judges Usha Mehra and K. Ramamoorthy. “Instead of following the course of law, it appears that the Metropolitan Magistrate was swayed away by his sympathies and zeal to help the victim.” The Judges said the Metropolitan Magistrate exceeded his jurisdiction and had no authority in law to transfer further investigation to other agency. He did not act justly on facts also. On November 4 last year, the court had stayed Mr Kumar’s direction for Mr Sharma to appear before him for allegedly not implementing his directive regarding the transfer of a probe into a rape case to the crime branch. Mr Kumar had directed Mr Sharma to transfer the case as he was not satisfied with the investigation done by the Shalimar Bagh police station in North Delhi in the alleged rape of a domestic help by her employer and then forcing her into prostitution. Counsel for the Police Commissioner Dinesh Mathur said Mr Kumar, having local jurisdiction over the police station where an FIR had been registered and investigation was being carried on, had no power to transfer the case out of his jurisdiction. According to the case (FIR 733/99), a woman had approached the police for the registration of a case against her employers who allegedly raped her. The complainant stated that she was a destitute and was therefore lodged at Nari Niketan. Meanwhile, an application was moved by Mr Manik Sheikh who claimed to be the woman’s father and prayed for her custody. The application contradicted the statements made by her to the police during investigations.
SC defers hearing in Veerappan case NEW DELHI, Sept 19 (PTI) — Uncertainty over the release of 51 accomplices of forest brigand Veerappan continued as the Supreme Court today deferred the hearing of the case till October 11, which would have a bearing on the release of Kannada film icon Rajkumar taken hostage by the bandit 50 days ago. Accepting the request of Solicitor-General Harish Salve, who appeared for the
Karnataka Government, a three-judge Bench headed by Mr Justice S.P. Bharucha fixed the hearing of the petition filed by a retired police officer, Mr Abdul Karim on October 11, the earliest date convenient for the court to take up the case. The court granted the Union Government time till tomorrow to file its reply to a PIL moved by Mr B.L. Wadhera on the issue. It deleted the Andhra Pradesh Government as a party in the matter, saying there was nothing against the state in this case. However, the Bench rejected the pleas of some counsel to allow the accused, against whom the state government had withdrawn TADA charges, to file bail applications before trial courts during the pendency of Karim’s petition. “Nothing of that kind,” the Bench comprising Mr Justice Bharucha, Mr Justice S.N. Phukan and Mr Justice Shivaraj V. Patil said and added that “none of you thought that anything was required to be done in this issue till a petition was filed in the apex court.” It was on the petition of Abdul Karim, father of a policeman killed by Veerappan, that the court had on September 1 stayed indefinitely the release of Veerappan’s accomplices while criticising the Karnataka Government for succumbing to illegal demands of the bandit. The Bench posted petitions filed by Abdul Karim, the 51 detainees, PILs by Mr B.L. Wadhera and Mr Adarsh Ganesh and an NGO for hearing on October 11, and directed the parties to complete pleadings and filing of documents by October 9. The Bangalore-based NGO has said the common charge against 12 women detainees among the 51 were providing food to Veerappan and his gang and passing information to them, which they might have done out of fear, and hence the Supreme Court should not interfere with their release orders passed by the Special Judge of Mysore on August 19 this year. |
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Gopal leaves for
forests today CHENNAI, Sept 19 (PTI) — Official emissary R.R. Gopal would leave for the forests tomorrow to meet fugitive Veerappan, in his fourth attempt to secure the release of Kannada actor Rajkumar and three others kept as hostages by him, Tamil Nadu Chief Minister M. Karunanidhi said here today. Gopal, who met Karunanidhi was reluctant to go into the forests because of the Supreme Court adjourning the case for October 11, but the latter had convinced him to venture into the forests to explain to Veerappan the steps taken by the Tamil Nadu and Karnataka Governments in the apex court to get the release of TADA detenues in both states, Mr Karunanidhi told, reporters this evening. “In fact Gopal had refused to go to the forests pleading that nothing tangible can be achieved. But I had prevailed upon him to meet Veerappan,” he said. |
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‘Z’ security for Ramadoss sought NEW DELHI, Sept 19 (PTI, UNI) — Pattali Makkal Katchi (PMK), a constituent of the ruling NDA coalition, today demanded “Z” category security cover to its leader, S. Ramadoss, in the wake of an attack on him in Pondicherry on Sunday. In a letter to Home Minister L.K. Advani, PMK general secretary, E. Ponnuswamy said with the assembly poll in the state round the corner, Mr Ramadoss had to travel extensively. “He needs protection of a high order and we feel that nothing can be left to chance”. Mr Ponnuswamy, who is also the Minister of State for Petroleum and Natural Gas, alleged that about 1,000 activists of the Dalit Panthers of India (DPI) attacked Mr Ramadoss in a “pre-planned” manner. Though Mr Ramadoss escaped narrowly, about 15 PMK leaders and cadres, including some policemen, were seriously injured and admitted to General Hospital at Pondicherry, he said. Leaders of several parties, including Tamil Nadu Chief Minister M. Karunanidhi, yesterday condemned the attack on Mr Ramadoss. PONDICHERRY: Inter-state buses and most of the city-buses remained off the road in Pondicherry for the second day on Tuesday. Though the 24-hour bandh called by the PMK in protest against the attack came to a close by midnight on Monday night, yet bus operators still feared attacks on their vehicles. |
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‘Litigant can appeal against injunction’ NEW DELHI, Sept 19 (PTI) — In a major judgement concerning civil cases, the Supreme Court today ruled that a litigant had the right to appeal against an ex-parte interim injunction order passed by the court if it did not finally dispose of the stay application within 30 days of making the order. This ruling came in a case where the question of law was what should be the course open for a litigant against whom an ex-parte injunction was granted by a civil court but the same court did not finally dispose of the stay application within one month of passing the injunction order. A Bench comprising Justice K.T. Thomas and Justice R.P. Sethi said Order 39 Rule 3-A of Civil Procedure Code provided protection to a party against whom an ex-parte injunction had been passed. "First, the court shall make an endeavour to finally dispose of the application of injunction within the period of 30 days and second, if for any valid reason the court could not finally dispose of the application within the aforesaid time, the court has to record the reasons," it said. Justice Thomas, writing the judgement for the Bench, said the problem would arise if a court did not do either of the courses provided under the law. "So we are of the view that in a case where the mandate of Order 39 Rule 3A of the Code is flouted, the aggrieved party, shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force," he said. Justice Thomas said it was an acknowledged position of law that no party could be forced to suffer for the inaction of the court or its omissions to act according to the procedure established by law. Under normal circumstances, an aggrieved party could not approach the appellate or revisional court during the pendency of the application for grant or vacation of temporary injunction, he said. But if the court bypasses the security humps provided to the litigants by the legislature, then it was difficult to hold that the party affected by the order should necessarily be the sole sufferer, Justice Thomas said. While saying that the party had a right in such circumstances to approach an appellate court, the Bench said if such an appeal was preferred the appellate court should be obliged to take note of the omission on the part of the subordinate court in complying with Order 39 Rule 3A. "In appropriate cases the appellate court, apart from granting or vacating or modifying the order of such injunction, may suggest suitable action against such erring judicial officer, including recommendations to take steps for making adverse entry in his ACRs," Justice Thomas said. |
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Telecom staff strike
hits services NEW DELHI, Sept 19 (PTI, UNI) — Long-distance communication across the country was severely hit today as the indefinite agitation by telecom engineers and officers seeking financial viability to the proposed Bharat Videsh Sanchar Nigam (BSNL) gained strength. The eastern sector is the worst hit with no long distance calls being connected to any of the states in the region since morning, a top Department of Telecom official said. Network problems were also being reported from western and southern regions, officials said. The 5000-strong officers and 35,000 engineers of the Department of Telecom Services are on work-to-rule strike from September 12, demanding financial viability for the BSNL, which is being formed by corporatising the Department of Telecom Services and Operations. Communication Minister Ram Vilas Paswan said the problem was being assessed with all its seriousness. Meanwhile, employees of the Mahanagar Telephone Nigam Limited (MTNL) went on a three-day strike today demanding better pay scales and ending further disinvestment of the MTNL. |
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‘Reverence’ no more at govt cost NEW DELHI, Sept 19 — In a significant decision that is bound to cheer up the income tax payer, the government has decided that reverence for departed leaders would no more be done at Central Government’s cost. This means the ubiquitous ‘‘samadhis’’ which dot the landscape of all major cities will not be allowed to proliferate any more and conversion of official bungalows into memorials is ruled out. However, the existing samadhis of national leaders would continue to be maintained by the Central Public Works Department (CPWD), the Union Urban Development Minister, Mr Jagmohan, announced here today. He said the Union Cabinet had taken a decision to this effect recently and it has been decided that henceforth, the Centre would provide funds for organising only the birth and death anniversary functions of Mahatma Gandhi at Raj Ghat. The birth and death anniversary functions of all other national leaders would be the onus of family members of the departed leaders or the trust or society set up in their memories. From now onwards, trusts or societies set up in memory of any departed leader may develop a memorial or “samadhi” but the expense both for the acquisition of the land and development and maintenance of the complex would be the responsibility of the trust or society concerned. The government may, however, consider sanction of one-time grants-in-aid to such trusts on a case to case basis as per the guidelines framed in this regard. The government may also allot land to any society, but only on the payment of full market rate, Mr Jagmohan said. In the case of the Sanjay Gandhi Memorial functioning from a government bungalow, the Minister said this was not a recognised memorial and eviction proceedings were underway. |
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Press Council warns ‘Outlook’ NEW DELHI, Sept 19 — Press Council has pulled up ‘‘Outlook’’ magazine for publishing ‘‘sensational’’ reports regarding letters alleged to have been written by a senior Army official to higher Army authorities during the Kargil conflict ‘‘without making an attempt to verify their authenticity’’. At the Council’s recent meeting here under Chairmanship of P.B. Sawant, it warned the magazine for ‘‘infractions from norms of journalistic conduct’’ following a complaint filed by Brig Sudhir Johar, DDG, Army Liaison Cell, Directorate General of Military Intelligence, a PCI release today said. The council said the newspaper ‘‘had rushed to publish the impugned article and the letters without making any attempt to verify the authenticity of the letters and without regard to the fact that the allegations were of a grave nature and had a tendency to demoralise the Army, the general public and government at all levels.’’ Noting that the article published in the magazine in July, 1999, was based on four letters by Brig Surinder Singh, against whom the Army had taken action, the council said the magazine should have made sure that the letters were in existence and not the creation of the officer. The council said it was incumbent upon the editor to have verified the facts from the Army authorities, ‘‘more so as there was no need to rush publication of the article which was not to prompt or pre-empt any Army action, but was more in the nature of an analytical report after the events.’’ Advising the magazine to be particularly careful in future in publishing such articles that touch upon such sensitive issues of national security by undertaking pre-publication verification of facts from the Army authorities and publishing their version, the Council said it had displayed “over-anxiety to publish the sensational reports”. The Army authorities had categorically denied the existence of the letters, the Council said adding that respondent had made yet another departure from journalistic conduct by not publishing the clarification sent by the complainant by way of a press note. The complainant said the article was based on “four fictitious, false and non-existent letters alleged to have been written by Brig Singh to higher authorities, including the Army Headquarters and Chief of the Army Staff, regarding increased threat perception and possibility of incursions”. The Council also did not find convincing the contention of the respondent that the Army would never have come out with the “truth” since they were targets of the article. |
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Delhi Govt to set up sex clinics NEW DELHI, Sept 19 — The Delhi Government plans to set up sex clinics in all government hospitals in the Capital. This decision has been taken following demands by the Indian Medical Association and the National Association of Sexology (India). The Delhi’s Health Minister, Dr A.K. Walia, told TNS here on Tuesday that the government would chalk out an action plan in consultation with officers of the Health Department, psychiatrists and medical superintendents of the city hospitals. Dr Walia said the persons suffering from sexual problems go to quacks as there are a limited number of sexologists in the city. He said it would take four to six weeks to set up separate sex clinics in the government hospitals. “None of the government hospitals in Delhi have sex clinics. We will examine how best we can provide treatment.” According to the National Association of Sexology (India), 90 per cent persons suffer from some sex related problems at some point in their lives. Dr Prem Aggarwal, President (NAS) and General Secretary of the IMA, said the sexologists practising in Delhi are quacks. “Sexology as a science is in the hands of quacks, not sexologists,” he added. He pointed out that a large section of population goes to LNJP, RML, Lady Hardinge, DDU and Lal Bahadur Shastri hospitals. “These hospitals don’t have a separate facility to address such problems. A person with such problems has only two options, either to sit at home and suffer or go to a quack posing as a qualified sexologist.” Dr Aggarwal feels that since a high percentage of persons need medical consultation for sexual problems at some point in their lives, sexual disease counselling clinics are much needed in all government hospitals. Dr Ajay Rohatgi, Secretary, Delhi Medical Association praised the Delhi Government’s decision to open sex clinics in hospitals. “Such clinics would also help combat AIDS and sexual diseases. In Delhi, 25 to 30 per cent of the adult population is suffering from some sexual problem or the other. In most cases, the problem is psychological.” He said the people in high risk group need counselling and a regular place as an OPD sex clinic would answer their purpose. He expressed the hope that the move would also put an end to quackery. HC raps minister NAGPUR, Sept 19 (PTI) — Passing strictures against the then Maharashtra Revenue Minister Narayan Rane, the Nagpur Bench of the Mumbai High Court here, has set aside its order to restore 25 acres of prime land acquired by a government engineering college to the original land owner. Mr Justices J.N. Patel and S.K. Shah noted that Mr Rane had exceeded his brief by issuing the impugned order in total disregard of the state’s policy violated the decision taken at the Chief Minister’s level in 1989 to use the acquired land for setting up state and central offices. |
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Priyadarshani award
for SA Speaker MUMBAI, Sept 19 (UNI) — The internationally acclaimed Priyadarshani Academy today conferred the global award for outstanding contribution for promotion of human rights and democracy to Dr Frene Ginwala, the Speaker of the South African National Assembly. Dr Ginwala, an active member of the African National Congress (ANC), is committed to the achievement of equality for women rights and democracy. |
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New Lankan High
Commissioner to India
NEW DELHI, Sept 19 (PTI) — Dr Senake Dias Bandaranayake, a noted scholar, has been appointed as Sri Lanka’s next high commissioner to India, it was officially announced today. Dr Bandaranayake will fill the slot vacated a few months back by Mangala Moonesinge. Since then, Prasad Kariyawasam has been discharging duties as acting High Commissioner. 62-year-old Bandaranayake, at present Vice-Chancellor of Kelaniya University. BJP, Congress men clash AHMEDABAD, Sept 19 (PTI) — A Sub-inspector was injured when the police resorted to lathi-charge and bursting of teargas shells to disperse two groups of BJP and Congress activists at Mahidharpura in Surat city last night. The BJP and Congress workers, who collected at their respective party offices, indulged in altercation and stone throwing, resulting in the group clashes, the police said today. |
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