Saturday, February 10, 2001,
Chandigarh, India






THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Most parties ‘against hike in rail fare’
NEW DELHI, Feb 9 — Railway Minister Mamata Banerjee who convened an all-party meeting to discuss the Railway Budget here on Friday said most political parties belonging to the BJP-led NDA government and the Opposition were against passing the burden to the common man in the coming Railway Budget for 2001-’02.

Prime Minister Atal Behari Vajpayee with the census enumerators.




The Prime Minister, Mr Atal Behari Vajpayee, with the census enumerators led by Registrar General and Census Commissioner J.K. Banthia at Prime Minister’s residence in New Delhi on Friday. — PTI photo

‘No land for Sardar Sarovar dam oustees’s
BHOPAL, Feb 9 — The majority judgement of the Supreme Court, delivered on October 18 last year, permitted the height of the Sardar Sarovar Dam up to 90 metres and, then, gradually to full 138 metres with the rider that the Relief and Rehabilitation (R & R) of the project-affected families (PAFs) was accomplished as stipulated in the Award of the Narmada Water Dispute Tribunal (NWDT). 

Pak’s Gujarat gesture not enough
ON BOARD A SPECIAL AIRCRAFT, Feb 9 —
Union Home Minister L K Advani today appreciated the humanitarian gesture shown by Pakistan by sending relief material to the quake-hit Gujarat but regretted that Islamabad was not showing “earnestness” in stopping cross-border terrorism.



 

EARLIER STORIES

 

When tremors broke silence
AHMEDABAD, Feb 9 — Darkness having closed in, the eerie silence of a long drawn night in quake hit Gujarat is punctuated by wafting Gujarati dialogues of a soap on television in the adjoining house. Over and above the sound comes the voice of a neighbour in conversation with another, “Bhavnagar ane Surendranagar ma jhatka aya chhe.”

Kin of Bagdihi miners get jobs
DHANBAD, Feb 9 — Dependents of four miners killed in the recent accident at Bagdihi colliery, near here have been given jobs and compensation by Bharat Coking Coal Limited (BCCL). The bodies of Pritam Singh, a cable operator; Chhotu Mian (line mazdoor), Chanderdeo Harijan (dresser) and Brij Mohan Singh (mazdoor) have so far been recovered.

Villagers gouge out eyes of killer-rapists
PATNA, Feb 9 — No social statement could ever be louder than that. Unfortunately, the government agencies fail to hear. In a classic case of savage retributive justice, the villagers of Sighna of Nawada district of the state gouged out the eyes of the three alleged rapists who not only reportedly raped a woman of the same village but also killed her by ripping open her abdomen.

Undue delay in filing FIR is fatal: SC
NEW DELHI, Feb 9 — The Supreme Court has ruled that unexplained delay on the part of the police to file the FIR in a court coupled with non-examination of independent witnesses is fatal for the case.

SC: HCs should take steps to check delay
NEW DELHI, FEB 9
The Supreme Court has cautioned the High Courts that if early and concrete measures were not taken to reduce the long delays in disposal of cases which has assumed a “monstrous form”, it would encourage litigants to take recourse to extra legal methods to get required relief.

India frees 160 Pak fishermen
NEW DELHI, FEB 9 — In a rare unilateral humanitarian gesture, India today announced the release of 160 Pakistani fishermen who were under detention for having illegally entered Indian waters.

6 ministers not to contest elections
KOLKATA, FEB 9 — At least six ministers of the Left front government will not contest the forthcoming Assembly elections in West Bengal.

Assign release of Chori Chori ... to Bhat,
Shah urges court

MUMBAI, Feb 9 — In a significant development, film financier Bharat Shah and 11 distributors appointed by him to release the Hindi movie “Chori Chori Chupke Chupke” today urged a special court to appoint noted film-maker Mahesh Bhatt as court receiver to release the film worldwide and realise proceeds thereof.

Shanta’s warning on PDS diversion
PATNA, Feb 9 — Union Food and Civil Supplies Minister Shanta Kumar said today there was huge diversion of foodgrains meant for Public Distribution System (PDS) into open market and warned of stringent action against those responsible for it.
Top









 

Most parties ‘against hike in rail fare’
Tribune News Service

NEW DELHI, Feb 9 — Railway Minister Mamata Banerjee who convened an all-party meeting to discuss the Railway Budget here on Friday said most political parties belonging to the BJP-led NDA government and the Opposition were against passing the burden to the common man in the coming Railway Budget for 2001-’02.

Talking to newspersons after meeting representatives of over 20 political parties minus the Congress, the Rashtriya Janata Dal and the Samajwadi Party, Ms Banerjee said 90 per cent of political parties were of the opinion that the Budget should favour the common man.

The Railway Minister said the leaders suggested prioritisation of projects, and commercial utilisation of the Railway land. Others suggested that the Railways cover backward areas, hilly and neglected areas and pay more attention to passenger amenities.

She said the Railways had also written to the Railway Employees Union and the Officers’ Federation to seek their views on the Budget. She said this was not the first time that such a pre-budget exercise to ascertain the views of political parties is being undertaken. “They can give good suggestions and it strengthens the democratic set up”.

Asked to comment on the Prime Minister’s indication of a hike in railway fares in the coming Budget in view of the gigantic task of relief and rehabilitation in the quake-hit state of Gujarat, Ms Banerjee said: “I cannot say anything. I am a very small worker.”

In a statement earlier this month, Ms Banerjee had said that the Gujarat earthquake might not be enough of a reason to hike passenger fares. Ms Banerjee had termed the Prime Minister’s statement that people be prepared for a hike in the Railway Budget as “broadbased”. She said it was the PM’s absolute prerogative to comment on any issue.

The Railway Minister said although the Congress was not represented at the meeting, its senior leader, Priya Ranjan Das Munshi informed her last evening that he had to urgently go to Baldogra in the north-east for personal work.

The minister said senior CPI leader Indrajit Gupta at whose initiative she had convened a similar meeting last year, could not attend today’s meeting as he was seriously ill. Prominent among those who attended the meeting were former Deputy Minister and Chief Minister of Haryana, Devi Lal (Indian National Lok Dal), Communication Minister, Ram Vilas Paswan (Lok Janshakti), Vijay Kumar Malhotra (BJP) and Nilotapal Basu (CPM).

Asked to spell out other issues taken up at the meeting, Ms Banerjee said she could not disclose the Budget proposals as “this is the prerogative of Parliament.”

Dismissing a question on the privatisation of the railways, Ms Banerjee said: “There is no question of the privatisation of the railways.”
Top

No land for Sardar Sarovar dam oustees’s
N.D. Sharma

BHOPAL, Feb 9 — The majority judgement of the Supreme Court, delivered on October 18 last year, permitted the height of the Sardar Sarovar Dam up to 90 metres and, then, gradually to full 138 metres with the rider that the Relief and Rehabilitation (R & R) of the project-affected families (PAFs) was accomplished as stipulated in the Award of the Narmada Water Dispute Tribunal (NWDT). It now transpires that the Supreme Court judges had with them, at the time of delivering the judgement, the document suggesting that the R&R of the PAFs was unlikely to be carried out. This document was in the form of the Report of the Grievances Redressal Authority (GRA) for Madhya Pradesh.

Justice G.G. Sohoni, former Chief Justice of the Patna High Court, headed the GRA. The Supreme Court had directed the GRA to:

i. Survey the resettlement and rehabilitation sites which had already been established by the Government of Madhya Pradesh and find out whether the rehabilitation and resettlement measures as mandated by the NWDT (including providing of civic amenities) had been complied with and if not what remained to be done; and

ii. To ascertain the ground realities with regard to the identified land, for being used for resettlement and rehabilitation proposes. The order asked the GRAs (of other states also) to submit their interim reports by July 1. The GRA for Madhya Pradesh submitted the report on June 30, 2000. It was not made public, nor had been the reports of the other GRAs.

The report of Justice, Sohoni, now available, has categorically concluded that there was no preparation for the rehabilitation of oustees already affected either as 85 metres or at 90 metres. It says:

Clause XI of the Award (of NWDT) provides directions regarding submergence, land acquisition and rehabilitation of displaced persons. By virtue of Sub-clause IV (6)(I) of Clause XI, for the oustees who are unwilling to be resettled in Gujarat, provision for their rehabilitation, civic amenities etc, are required to be made by Madhya Pradesh on the lines mentioned in Sub-clauses IV (I) to (4) which lay down the following requirements:-

1) Establishment of a rehabilitation village as required by Sub-clause IV (I)

2) Acquisition of land for rehabilitation, as required by Sub-clause IV (2) (i) for oustees’ families unwilling to migrate to Gujarat.

3) Making available a year in advance of the submergence before each successive stage, irrigable land and house sites for rehabilitation of oustee families, as required by Sub-clause IV (2) (iv).

4) Providing Rehabilitation grant and grant-in-aid as required by Sub-clause IV (3) (a) and (b).

5) Providing a house site, i.e. a plot of land measuring 60’x90’, free of cost, to every oustee family as required by Sub-cause IV (3) (c) 10.

6) Provision of civic amenities as laid down in Sub-clause IV (3) (c).

7. Allotment of irrigable land as provided by Sub-clause IV (7) to every displaced family from whom more than 25 per cent of its holding is acquired. Sub-cause (IV) (6) (ii) makes it very clear that in no event shall any area in MP or Maharashtra be submerged under the Sardar Sarovar unless.

i) All payment is made for acquisitions of properties and

ii) Arrangements as required by the Award are made for the rehabiliation of the oustees and intimated to the oustees.

After surveying the 18 relocation sites “alleged to be almost completed” and of four relocation sites where the work was under progress, Justice Sohoni found that “no PAF entitled top allotment of agricultural land as stipulated by the Award is being settled at those sites,...and at some places some of the hand pumps and power pumps which were shown to have been provided were not found to be in working order”.

The Report further says: “It would have been necessary to go into all those details but for the fact that except the sites at Chandankhedi and Eklera, which are partially habitated, all other sites appear desolate because no PAF has come to reside there. The buildings constructed at those sites providing civic amenities as stipulated by the Award are not functioning”.

“It is thus clear that except for the site located at Eklera, no other site surveyed by the Authority can be said to be a site established for Resettlement and Rehabilitation of PAFs. The expression ‘Resettlement and Rehabilitation’ connotes (that) the people have been established in a more or less permanent abode or way of life where they are able to carry on their activity and are restored to effective or normal life”.

“As regards allotment of irrigable land as provided by Sub-clause IV (7) of the Award to every displaced family from whom more than 25 per cent of its holding is acquired, it is not disputed that so far no irrigable land has been allotted to any PAF who’s entitled to allotment of such land”.

The GRA concludes: “It is clear that the obligation of the State is to offer requisite irrigable land for allotment to every PAF entitled to it. If the PAF does not agree to take it, then the obligation of the state is discharged. It was stated on behalf of the state that no irrigable land was available for allotment for the reasons given in para 34 of the written submission dated 7.3.2000 before the Hon’ble Supreme Court and hence no offer was made and that the PAFs had voluntarily accepted compensation in lieu of their right to allotment of land. But there is no material on record to indicate that any offer as required by the Award was made... in view of the fact that there is no material on record for holding that the requisite offer as stipulated by Sub-clause IV (7) of the Award was made, the Authority is constrained to give a finding that there has been a failure on the part of the state to comply with the provisions of Sub-clause IV (7) of the Award”.Top

 

Pak’s Gujarat gesture not enough
From S. Satyanarayanan
Tribune News Service

ON BOARD A SPECIAL AIRCRAFT, Feb 9 — Union Home Minister L K Advani today appreciated the humanitarian gesture shown by Pakistan by sending relief material to the quake-hit Gujarat but regretted that Islamabad was not showing “earnestness” in stopping cross-border terrorism.

“We appreciate the gesture shown by Pakistan towards the quake-hit people of Gujarat, but this gesture cannot cut the ice between the two countries unless our neighbour stops cross-border terrorism,” Mr Advani said in an interaction with a group of journalists on his way to the quake-hit areas of Rajkot, Morbi, Amran and Jamnagar.

Mr Advani’s observation assumes significance as the telephonic talk between Prime Minister Atal Behari Vajpayee and Pakistan’s Chief Executive Gen Pervez Musharraf last week was being dubbed as a positive spin which could go beyond the mere expression of grief by Islamabad at the great loss of life caused by earthquake.

The Home Minister said while Pakistan was maintaining from the outset that it wanted to hold talks with India, it was not willing to leave the leverage of cross-border terrorism.

“If Pakistan is earnest it can easily rein in the terrorist outfits perpetrating violence in the Kashmir valley despite the announcement of unilateral ceasefire and its extension twice by New Delhi,” he stressed.

The massacre of 35 Sikhs in Chattisinghpora village in March last year and the recent killing of six Sikhs in Srinagar showed the “discomfort” Pakistan had against India after its defeat in the Kargil conflict, Mr Advani said.

Pakistan was also highly ill at ease because for the first time India took a stand after the Kargil conflict that there would be no talks till Islamabad stopped cross-border terrorism.

Faced with India’s clear-cut stand and the international community supporting New Delhi, Pakistan was now showing its eagerness to hold talks. “It (Pakistan) is now itching to hold talks as the international community strongly supported the stand taken by New Delhi,” Mr Advani said, adding even the USA wanted Islamabad to create a conducive atmosphere for talks.

However, he regretted that despite feeling repentant after the Kargil conflict Pakistan was unwilling to leave the leverage of cross-border terrorism.Top

 

When tremors broke silence
From Geetanjali Gayatri
Tribune News Service

AHMEDABAD, Feb 9 — Darkness having closed in, the eerie silence of a long drawn night in quake hit Gujarat is punctuated by wafting Gujarati dialogues of a soap on television in the adjoining house. Over and above the sound comes the voice of a neighbour in conversation with another, “Bhavnagar ane Surendranagar ma jhatka aya chhe.”

Another voice butts in, "Kyare (when)?”. She is informed that the news was run on TV while the programme was on. End of the conversation and the characters disperse. It is 10:23 p.m. and most occupants in Vijaylaxmi colony prepare to go to bed. Some are already fast asleep. Like the lull before the storm, all is uncomfortably peaceful. Suddenly, the stillness is broken by a shriek of “Ayu (it has come)” piercing the cool night air. A cacophony of voices in the background makes one wonder what has come. Other similar cries follow. In a split second lights in all the house are switched on, very similar to the Mexican wave, as the word spreads.

Men in nightsuits, women in nighties, clutching their sleeping children jump out of bed and houses while old ones totter out on their walking sticks in search of open spaces. Out in a jiffy, they tug at sweaters and shawls from open windows before they make the final escape. Even as telecommunication links freeze, they look for a way out of their premises hoping this is not doomsday. A reign of terror is let loose, they jump hurriedly over toe-walls and make way for others to follow suit.

The commotion spills over to the only ground where residents gather seeking consolation, reassurance and support. A temple stands in the middle. Feeling the ripples the quake creates, a man puts his hand to the wall feeling the vibrations. He declares, "It is definitely over 5 on the Richter scale.”

Another nods his head in unison. The morning news would confirm that the quake measured 5.3 on the scale and 11 other milder aftershocks were experienced, oscillating between 3 and 4.1 on the Richter scale. Somebody suggests opening the temple gate. Women, cradling children, sit huddled in groups on durries sharing the few shawls amongst themselves.

The men hotly debate the quake-intensity and exchange their experience. News comes that a neighbour, running down the stairs with his two children, has slipped down a couple of steps. All eyes turn to him. Prayer songs begin at the temple. The car covers are off as people plan their “night out” in the safety of four-wheelers.

A couple of hours later the commotion dies down and the occupants return to their houses relieved they have lived through another nightmare, waiting for the next tremor to rock them. Tomorrow is another day and holds more promise, they are quick to add. But aren’t promises meant to be broken?
Top

Relief reaches all areas, claims govt
Tribune News Service

NEW DELHI, Feb 9 — The Centre today claimed that food, water and medicine has reached every earthquake-affected village of Gujarat.

Briefing newspersons, the Agriculture Secretary, Mr Bhaskar Barua, said while every village had been covered with food, medicine and water, the state government had asked for more tents.

The Government of India’s official website on the Gujarat earthquake was launched today, a press note said. It can be assessed at the address gujarat-earthquake.gov.in, the release said.

Gujarat had asked for 1.5 lakh tents, the Centre had already sent 65,000 tents, 5000 tonnes of GI sheets and one lakh of plastic sheets, Mr Barua said, adding, “We have asked the state government to make a fresh assessment and send the requirement”.

Mr Barua said that Gujarat was now preparing plans for reconstruction and rehabilitation.

Rail, road and air traffic had been restored, Mr Barua said, adding that water supply to nine towns through pipes had been restored and to another nine towns, water was being supplied through tankers.

In villages water was being supplied to 811 villages through pipes, 424 villages through tankers and to 105 villages through other sources, Mr Barua said, adding that power supply to 92 per cent of feeders in the Kutch area, including the towns of Bhuj and Anjar, had been restored.

Electricity to 892 villages out of 925 villages has been restored, the Agriculture Secretary said.

Mr Barua, who is the Member of the Crisis Management Group and its spokesman, said 34 hospitals in Kutch and 361 in other districts were functioning.

The number of affected population was 1.57 crore, Mr Barua said.Top

 

Gujarat asked to regulate adoptions
Tribune News Service

NEW DELHI, Feb 9 —The Ministry of Social Justice and Empowerment has written to the Gujarat Government to regulate adoptions in the quake-hit state. 

Sources in the ministry said they had written to the Chief Secretary, Gujarat, to regulate adoptions and make efforts to ensure that children were reunited with their parents. 

Mrs Asha Das, Secretary, Social Justice and Empowerment, told newspersons here today that the ministry had taken cognizance of reports that several persons from India and abroad had shown interest in adopting the children.

Mrs Das said such initiatives were premature as a large number of children were likely to have surviving relatives or even parents who might have been temporarily separated from them due to the displacement of population after the earthquake. 

The Secretary said that adoption would be considered as a rehabilitation measure only after it was confirmed that the child had no surviving parent or relatives who could take his or her charge. ‘‘We are going very slow on adoptions to give enough time to surviving relatives to come and claim the children. This process may take three to four months and requests for adoption will only be considered later,’’ she added.

Ms Das said care would also be taken to ensure that the children who had already undergone a lot of trauma were rehabilitated in their own cultural milieu.

‘‘While deciding eligibility for taking a child in adoption, preference will be given to families within the state of Gujarat and then within the country. Adoption by families abroad will only be the last resort. The ministry has already written on the issue to the state government and the agencies recognised by it for adoptions,’’ she said.

The four agencies recognised by the ministry are the Kathiawar Nirashrit Balashram, Rajkot, Mahiptra Rupam Ashram, Ahmedabad, Kasturba Stri Vikas Grah, Jamnagar and the Shishumangal Trust, Junagarh. Top

Army helps recover 24 kg RDX

BHUJ, Feb 9 (PTI) — The Army tonight brought relief to the district authorities of Bhuj when its team recovered 24 kg of RDX which had remained buried under the debris of the district police headquarters here after the building collapsed in the devastating earthquake on January 26. 

The six-and-a-half-hour long operation, which ended at 9 p.m. helped bring out the RDX and other ammunition seized from six Pakistani intruders at Veerani village in Kutch in June 1999.Giving details, Major Y.S.S. Rao of 12th Engineering Regiment said two armymen entered through a hole and safely brought out the magazine from the debris of the police headquarters.

District Superintendent of Police Vivek Srivastava had earlier said there was no threat of RDX exploding as it had been safely kept.Top

 

Kin of Bagdihi miners get jobs

DHANBAD, Feb 9 (PTI) — Dependents of four miners killed in the recent accident at Bagdihi colliery, near here have been given jobs and compensation by Bharat Coking Coal Limited (BCCL). The bodies of Pritam Singh, a cable operator; Chhotu Mian (line mazdoor), Chanderdeo Harijan (dresser) and Brij Mohan Singh (mazdoor) have so far been recovered.

BCCL sources said the management had paid amounts comprising workman compensation, gratuity and insurance to their widows ranging from Rs 2.97 lakh to Rs 3.32 lakh. The provident fund amounts would be paid later.

Besides, jobs were given to sons of Pritam Singh and Chhotu Mian and the widows of Mr Chanderdeo Harijan and Mr Brij Mohan Singh in the BCCL.

The water level has gone down to 106 metres and pumps which were being used in dewatering had been stopped as slushes were coming out with water at that level, the sources said.

Four pumps were being installed to pump out slush and water from the colliery which was flooded last Friday as millions of gallons of water from adjacent Jairampur colliery gushed in, trapping 38 miners at Bagdihi colliery, the sources added.
Top

 

Villagers gouge out eyes of killer-rapists
Santosh Jha

PATNA, Feb 9 — No social statement could ever be louder than that. Unfortunately, the government agencies fail to hear. In a classic case of savage retributive justice, the villagers of Sighna of Nawada district of the state gouged out the eyes of the three alleged rapists who not only reportedly raped a woman of the same village but also killed her by ripping open her abdomen. One of the three rapists succumbed to his injuries on way to Patna Medical College Hospital. Interestingly, even after a lapse of 30 hours of the crime and the bloody fall out, the DGP of Bihar, the DIG, Magadh Range and the Gaya SP, who were in the neighboring district, were oblivious of the incident that made national headlines.

The 36-year-old Chunni Devi and a mother of five, had wandered to the neighbouring village of Patori-Mansagar in search of grass for her cattle on Wednesday noon. There she allegedly encountered the three rapists who were said to be in a drunken state. They reportedly raped her and to avoid identification killed her by ripping open her abdomen by the sickle she was carrying. The villagers of Sighna, who were crossing over saw them with blood marks on their clothes and bodies and also saw the dead body of the woman. As the three could not dole out a satisfactory answer, the villagers thrashed them and gouged their eyes with the same sickle.

The father of the two of the surviving ‘rapists’, who is a school teacher, in turn alleged that his wards were actually witness to the crime and their eyes were gouged out by the rapists who he said are some high caste men of Sighna village, to avoid detection. The version of the rapists’ father and also that of the alleged rapists does not hold ground as they failed to satisfactorily reply as to when they saw the rape being committed and later the woman being killed then why did not they raise an alarm and why did not they came to the rescue of the woman. Also, they fail to explain the presence of blood of the victim on their clothes and bodies. Moreover, one of the alleged rapists has signs of teeth mark on his thigh. Details of the post mortem and other test reports are awaited.

The incident is a narration of how the common man has lost trust in the justice system and the police and has taken the course of law in his hand. This is not the first case of retributive justice in the state. Every day such incidents take place. And the distrust of the masses was proved as not unfounded as the top police officials were present in nearby Gaya town to inaugurate a cricket tournament and even after 30 hours of the incident they had no information of it.
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Undue delay in filing FIR is fatal: SC

NEW DELHI, Feb 9 (PTI) — The Supreme Court has ruled that unexplained delay on the part of the police to file the FIR in a court coupled with non-examination of independent witnesses is fatal for the case.

“Requirement of the law is that the FIR should reach the magistrate concerned without any undue delay,” a Division Bench comprising Mr Justice N. Santosh Hegde and Mr Justice Shivaraj V. Patil said in a recent judgement.

Regarding a murder on August 15, 1981, at Jandawali village in Rajasthan, though the police registered the FIR on the same day, it reached the court only on August 17.

Reversing the order of conviction, the High Court had pointed out that there was delay on the part of the police to reach the court of magistrate at Hanumangarh which was not far away from the village.

The prosecution had said that as August 15 was a holiday followed by a Sunday, the police could reach the magistrate with the FIR only on Monday, that is August 17. 
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SC: HCs should take steps to check delay

NEW DELHI, FEB 9 (PTI) The Supreme Court has cautioned the High Courts that if early and concrete measures were not taken to reduce the long delays in disposal of cases which has assumed a “monstrous form”, it would encourage litigants to take recourse to extra legal methods to get required relief.

Ruling in favour of a landlord who got relief 23 years after he filed a suit for eviction of a tenant, a Bench headed by Mr Justice K.T. Thomas said, “If a citizen is told that once you resort to legal procedure for realisation of your urgent need you have to wait and wait for 23 to 30 years, what else is it if not to inevitably encourage and force him to resort to extra legal measures for realising the required reliefs.

“A republic, governed by rule of law, cannot afford to compel its citizens to resort to such extra legal means which are very often contra-legal means with counter-productive results on the maintenance of law and order in the country,” the Bench comprising Mr justice Thomas and Mr Justice Doraiswamy Raju said in a recent judgement.

Pradeep Srivastava of Agra filed a petition before the appropriate authority in 1978 for eviction of his tenant Gaya Prasad on the ground that he needed the premises for personal use. 

The authority took four years to find Srivastava’s need to be genuine and passed the eviction order saying the tenant had an alternative accommodation.

Prasad’s appeal against the eviction order was dismissed by an appellate court after three years but the High Court took 15 years to reject his appeal against eviction. 

Sounding a warning, Mr Justice Thomas, writing the judgement for the Bench, said “The time is running out for doing something to solve the problem which has already grown into monstrous form.”

The Bench said this case should provide a catalytic agent for the High Courts to evolve some concrete schemes for winching to the fore similar long pending matters, “lying in torpidity at the bottom of the crammed list of pending cases in the High Courts....”.

“It is worth considering whether a cell can be set up in each of such High Courts where the piles of backlog are a stirring problem, to pick out such cases to be brought to the notice of the Chief Justice of the High Court concerned so that he could take appropriate steps in the matter,” Mr Justice Thomas said.

The long delays in disposal of the cases allows many more developments to take place and these developments could not be cited by the parties as a reason to dilute the cause for which the case was first instituted in the court, the Bench said. Top

 

India frees 160 Pak fishermen
Tribune News Service

NEW DELHI, FEB 9 — In a rare unilateral humanitarian gesture, India today announced the release of 160 Pakistani fishermen who were under detention for having illegally entered Indian waters.

Briefing newspersons about the announcement, a spokesman of the Ministry of External Affairs said Islamabad has been informed about the decision.

India has urged Pakistan to make arrangements for their repatriation, the spokesman said.

In recent times, this is the largest number of Pakistani fishermen who have been unilaterally released, the spokesman said.

While there are some more Pakistani fishermen in Indian jails, there are 127 Indian fishermen languishing in Pakistani prisons. Of the 54 soldiers and 975 civilians lodged in Pakistani jails, 619 have been released, according to official figures.

Last year, the two countries had freed some fishermen and also agreed to expedite the release of the others.
Top

 

6 ministers not to contest elections
From Our Correspondent

KOLKATA, FEB 9 — At least six ministers of the Left front government will not contest the forthcoming Assembly elections in West Bengal.

Though the poll date is yet to be finalised the Left parties and the Opposition comprising the Trinamool Congress (TC), the Congress and the BJP, have been gearing up their electioneering net-work, taking April 21 as the poll date.

The Left Front Committee, which met yesterday to discuss the poll preparations as well as the selection of candidates, decided to finalise the list at a meeting on February 25. But before February 18, all front partners would have to finalised their respective candidates’ list and submit it to Mr Sailen Dasgupta, Chairman, of the committee.

The TC and the BJP, however, will take some time to finalise the list of candidates since their leaders are still hopeful about the formation of a “Mahajot” with the Congress for dislodging the CPM-front government.

And for that matter, the TC leader, Ms Mamata Banerjee, and the BJP’s central and state leadership have been negotiating with the Congress high command. A section of the state Congress also has been persuading Mrs Sonia Gandhi to allow them to join hands with Ms Mamata Banerjee to fight against the CPM.

The octogenarian Marxist supremo, Mr Jyoti Basu, who headed the Left front government for 24 years at a stretch, will not contest the election. Senior ministers — Mr Debabrato Bandopadhyya (RSP) and Mr Bhakti Bhusan Mondal and Biren Kumar Moitra (both Forward Bloc) have also decided not to contest. Other ministers who may not contest are Mr Abdur Rezzak Molla, Mohammad Amin, Ms Santi Ghalak and Ms Partha De — all from the CPM.

Mr Subhas Chakraborty, a dissident CPM leader, who won elections four times at a stretch, has publicly declared not to contest elections this time. But he is being persuaded by the party leadership as well as by Mr Jyoti Basu, to contest elections and join the front government as an important minister.

The State Labour Minister, Mr Santi Ghatak, and the Minority Affairs Minister, Mohammad Amin, who are sick and physically unfit, will not get the nomination along with some other old sitting MLAs, who had already completed three years’ term in the Assembly. The State Power Minister, Mr Mrinal Banerjee, is also not willing to contest elections because of ill health.

The CPM leadership decided that all sitting MLAs will be allowed to contest provided there was no charges of corruption and anti-party activities against them. But the party wants the Chief Minister, Mr Buddhadev Bhattacharya, to contest from a more safe seat in Burdwan. Mr Bhattacharya, however, will contest from the Jadavpor Constituency, which is strong hold of the TC.
Top

 

Assign release of Chori Chori ... to Bhat,
Shah urges court

MUMBAI, Feb 9 (PTI) — In a significant development, film financier Bharat Shah and 11 distributors appointed by him to release the Hindi movie “Chori Chori Chupke Chupke” today urged a special court to appoint noted film-maker Mahesh Bhatt as court receiver to release the film worldwide and realise proceeds thereof.

Special Public Prosecutor Rohini Salian, however, sought time till February 12 to seek instructions from the investigating officer on whether the appointment of Bhatt as court receiver would be acceptable to the police.

On the suggestion by Shah’s lawyer Shiraz Rahimtoola on Bhatt’s appointment, designated Judge A.P. Bhangale said that a written undertaking would be taken from the film-maker, expressing his readiness to take up the assignment and to discharge his duties impartially.

The film’s release was stalled after the arrest of its producer Nasim Rizvi in December. Shah was arrested later and booked under the Maharashtra Control of Organised Crime Act on the charge of links with the underworld for personal gains.

Shah had moved the court urging for a direction to release the seized negatives of the film lying with Adlabs, a film processing firm.

The court decided to hear all the distributors appointed by Shah to release the film because they had made advance payments, thereby creating third party rights on the movie. 
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Shanta’s warning on PDS diversion 

PATNA, Feb 9 (PTI) — Union Food and Civil Supplies Minister Shanta Kumar said today there was huge diversion of foodgrains meant for Public Distribution System (PDS) into open market and warned of stringent action against those responsible for it.

“As much as 30 to 35 per cent of foodgrains meant for distribution through the PDS outlets are diverted to the open market and my ministry is preparing a mechanism to stop it”, he told reporters here after a high-level meeting with officials of the Bihar Food and Civil Supplies Department.

Stressing the need for effective monitoring of the PDS system, he suggested setting up of special vigilance committee in all panchayats.

Mr Shanta Kumar said his ministry had decided to stop subsidy to those state governments which would not furnish proper utilisation certificates for foodgrains allotted to them for distribution through the PDS and asked the state government to take penal action against dealers found guilty of diversion under the Essential Commodities Act. There was an urgent need for a new food policy, he said, and an expert committee under the chairman of the commission for agricultural costs and prices, Prof Abhijit Sen had been constituted to formulate a long-term perspective policy within the next three months.
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NATIONAL BRIEFS

HC notice on free treatment for poor
NEW DELHI: The Delhi High Court on Thursday made the Rajiv Gandhi Cancer Institute (RGCI) a party in a petition seeking free treatment for poor patients in private hospitals for which government land has been allocated either free of cost or at normal rates. Issuing notice to the Delhi-based RGCI, a Bench comprising Mr Justice Anil Dev Singh and Mr Justice O.P. Dwivedi directed the institute to file its reply by March 20. — PTI

New method to control coalmine fire
NEW DELHI: Indian scientists have developed an innovative method for controlling fire in coalmines without sealing the mine. Under this ‘simple and cost effective’ method, known as the “chamber method of ventilation along with injection of high pressure high stability nitrogen foam”, fire can be controlled in coalmines without disturbing production. It was developed by the Central Mining Research Institute (CMRI). — PTI

Police opens fire on mob
PONDICHERRY: The police fired in the air to disperse a mob that had attacked a police convoy at Avvainagar, near Mudaliarpet, here. The police were on the lookout for an accused involved in a group clash earlier at Mudaliarpet when the mob pelted stones at them, forcing them to open fire late on Thursday night. Three constables were injured. — UNI

Ultras’ hideout unearthed
AGARTALA: The skeleton of an abducted non-tribal has been recovered and a hideout of National Liberation Front of Tripura (NLFT) insurgents busted in Tripura, the police said on Friday. Acting on the basis of a confessional statement of an arrested NLFT insurgent, the police raided Bramacherra village in West Tripura district on Thursday and dug out the skeleton of Srimanta Sarkar. — PTI

No threat to Pondy Govt: Shanmugham
PONDICHERRY: Pondicherry Chief Minister P. Shanmugham said on Friday that there was no threat to his government following the entry of the PMK into the AIADMK front. On his return from Delhi after meeting Congress President Sonia Gandhi, Mr Shanmugham told PTI that there is “no threat to my government. — PTI

Mughal Gardens open tomorrow
NEW DELHI: The Mughal Gardens of Rasthrapati Bhavan will be opened to public from February 11 to March 18. Visitors would be allowed thrice a week during this period on Wednesday, Saturday and Sunday. — PTI

RJD leader shot dead
NAWADA (Bihar): Rashtriya Janata Dal leader Mohan Yadav, alias Mohan Pahalwan, was shot dead near Siyur village in the district on Thursday. The police said on Friday that the deceased, a resident of Mahkar village, was intercepted by some persons while returning to village. Mr Yadav was one of the probable candidates in the coming panchayat elections in the state. — UNI

16 get life term in riots case
BHAGALPUR (Bihar): Sixteen persons have been given life term for killing over 60 persons in communal riots in Chanderi village here in 1989. The Additional District and Sessions Judge of Bhagalpur, Mr Justice S.S. Rampuri, pronounced the verdict in a packed courtroom on Thursday. — PTI

Ranvir Sena guns down two
ARA (Bihar): The Ranvir Sena, a banned private militia of upper caste landowners, has gunned down two CPI (ML) supporters and wounded three others at Deo village in Bhojpur district, the police said here on Friday. An armed squad of the Sena sprayed bullets on the CPI (ML) supporters from automatic weapons on Thursday when they were returning home from market, Additional Director-General of Police (Patna zone) Ashis Ranjan Sinha said. — PTI

HC upholds death sentence
NEW DELHI: The Delhi High Court has upheld the death sentence of an American Embassy employee for murdering his 22-year-old pregnant wife and their minor daughter. Additional Sessions Judge R.K. Gauba had convicted Ashok Kumar Pandey under Section 302 of the IPC on October 18 last year. Pandey filed an appeal before a Division Bench of Chief Justice Arijit Pasayat and Mr Justice D.K. Jain, which was rejected. — UNI

Literacy mission
HANUMANGARH:
A citizen literacy authority letter has been issued to spread education. The Vice-Chairman of the Block Literacy Committee, Mr shubash Vig said the Education Department was aiming at educating people between the age of 15 and 35 years through the district literacy committees. — FOC
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