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| Saturday,
August 4, 2001, Chandigarh, India   
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SC: Haryana Act has
prospective effect |
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Delhi riots: police was ‘mute’ witness Task force on knowledge
for setting up panel
No German parts in missiles: India MP contests Romana’s
claim on Patna Sahib No discrimination in relief: Ajit NORTH INDIA IN PARLIAMENT Licences of depot holders cancelled Rly scrap sale: panel to check leakage BSP to go it alone in Punjab, UP FCI staff launch stir
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Naga talks: no decision
yet on Sangma’s name New Delhi, August 3 “There is no decision as yet on the appointment of Mr Sangma as the interlocutor,” highly placed Home Ministry sources told The Tribune tonight. The sources admitted that his name did figure for the all important post, as it is desired that the negotiator for the Naga peace talks be a political person from the North-East. Even Chief Ministers of North-Eastern states had demanded appointment of a political leader from the North-Eastern region as interlocutor during the meeting with Prime Minister Atal Behari Vajpayee on June 27 here. However, they pointed out that the proposal with regard to Mr Sangma is “no way a comment on the performance of Mr Padmanabhaiah, who is at present in the Netherlands to hold fresh rounds of negotiations with the NSCN(I-M) leader T Muivah.” Regarding a move to have a multi-member committee to hold peace talks with the prominent Naga outfit, the sources said “there was, of course, a proposal which has not been accepted so far.” According to reports reaching here Mr Padmanabhaiah has reached Amsterdam and is holding negotiations with the NSCN(I-M) to clear the air on the controversy generated with the dropping of the three words “without territorial limits” from the Centre-NSCN(I-M) truce extension agreement on June 14 at Bangkok. Meanwhile, a Home Ministry spokesman asserted that “no Naga camps” will be set up outside Nagaland even as Naga groups have threatened economic blockade of Manipur. |
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SC: Haryana Act has
prospective effect New Delhi, August 3 The bench comprising Mr Justice S.P. Bharucha, Mr Justice V.N. Khare, Mr Justice N. Santosh Hegde, Mr Justice Y.K Sabharwal and Mr Justice Shivraj V. Patil while dismissing a bunch of appeals held that although the right of pre-emption might be called outmoded in the changed circumstances, but so long at was statutorily recognised, it had to be given the same treatment as any other law deserved. Protecting the rights of pre-emptors, the Judges said that the amending Act being prospective in operation did not affect the rights of the parties to the litigation on the date of adjudication of a pre-emption suit. Delivering the judgement for the bench, Mr Justice Khare pointed out that the right of pre-emption of a co-sharer was an incident property attached to the land itself. It is some sort of
encumbrance carrying with the land which can be enforced by or against co-owner of the land. The judges in their 42-page judgement further stated that the main object behind the right of pre-emption either based on custom or statutory law was to prevent intrusion of a stranger into the family holding or property. |
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Delhi riots: police was ‘mute’ witness New Delhi, August 3 “It is obvious that if there was a will to deploy the police force of the state throughout the city and its environs very many lives could have been saved”, Mr Venugopal said. Stating that many lives and loss of property could have been saved if the police, para-military forces and the Army had been deployed in all sensitive areas for the first morning itself, the senior Supreme Court Advocate said that in some cases the police just preferred to look in a different direction even if violence were taking place in a close vicinity. Narrating an incident in “probably Pandav Nagar”, he pointed out that a constable standing a little distance away was not taking notice of what was happening. “We went up to him and asked him as to why he had not prevented killing of the person whose body was lying in the street, his answer was : Do you expect one man with a lathi to prevent this mob from killing people”, Mr Venugopal said. Mr Venugopal, who visited Trilok Puri, Kalyan Puri and other places during that time, described the sight as “most heart rending”. “We saw bodies lying outside doors of houses and many of them had been burnt. We heard some noise from one of the houses and went there and it was only after we assured them that we were lawyers and had come to help them that the doors were opened and there were a number of women who were cowering with fear”, he said in his affidavit. |
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Task force on knowledge
for setting up panel New Delhi, August 3 Addressing a press conference here today, Mr Pant said the task force on “India as knowledge superpower — strategy for transformation” had recommended the setting up of the CCKS to ensure that its recommendations were implemented and a proper monitoring of this could be done. He said it was up to the government to take a decision on the task force’ suggestion for setting up of the CCKs. The task force had made specific suggestions for strengthening the “Intellectual Property Rights” regime and protection of India’s vast body of ancient and traditional knowledge, he said. The task force was constituted in pursuance of a call given by the Prime Minister in December 1999. The K.C. Pant-headed task
force had 11 members and a member secretary. The members of the task force included Dr A.P.J. Abdul Kalam, Principal Scientific Adviser to the government of India, Prof R.A. Mashelkar, Director of the CSIR, Prof J.S. Rajput, Director of the NCERT and Dr Hari Gautam, Chairman of the University Grants Commission
(UGC). |
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Corruption: smothering
tentacles FEW recent Supreme Court judgements have been pronounced with a wider sweep, greater directness of expression and a more forthrightly manifested iron will to eliminate ambiguity than Thursday's verdict on how to limit the mischief of corrupt public servants. The first clear pronouncement is that a public servant convicted in a corruption case should not hold office till he has been cleared of the charges by a superior court. There have been many tortuous and fraudulent interpretative ways to buy time through legal proceedings to help the convicted corrupt. Trial courts have been shown strange magnanimity by appellate courts during hearings of appeals. The apex court, by stating that it is necessary to see to it that the court "should not aid the public servant who stands convicted for corruption charges to hold public office until he is exonerated", has paved the way for probity. The process for arriving at the acquittal stage should be adjudication — judicial in nature — at the appellate or revisional level. The case in which Mr Justice K.T. Thomas and Mr Justice S.N. Variava have given significant guidelines is coincidentally concerned with a corrupt and dismissed public servant. He wanted to return to his position. His last attempt was to approach the highest court with the plea that his conviction should be suspended and his business as usual should be facilitated to continue. The ways of appeals are manipulated by delaying tactics and many criminals enjoy their full term despite their thoroughly corrupt past and darkly tainted present. Now there is no room for procedural trickery or for making convictions practically nullified by clever interpretations of laws which have good intent at their core. The uncommon criminal is a privileged person and has at least one political godfather whose anti-people activities he has assiduously promoted, making personal gains through corrupt means in the process. Corruption in public life is a self-perpetuating phenomenon. It has been forgotten that an ample provision came with the Prevention of Corruption Act of 1947. Since then, morally, there has been no genuine doubt that even ministers are within the purview of the Act and are liable to be punished for corruption. But what about Mr Shanti Bhushan approaching President R. Venkataraman to obtain his sanction to prosecute Rajiv Gandhi "for his involvement" in the Bofors case? The Head of State conceded that the Prime Minister was appointed by him and the former held office during the latter's pleasure. But then the Head of Government could not be removed "so long as he enjoys the confidence of the House and until the contrary is established"! In the Antulay case the Governor was given the freedom of using his discretion. Ministers were public servants but what about the MPs and the MLAs? The Orissa High Court said they were; the Mumbai High Court stated they were not! The Rabri Devis, the Jayalalithas or the multi-scamsters in various states and at the Centre are hiding behind the barricades of legislative "immunity". Killers' killers get into Parliament and Assemblies and live under protection. The judges have asked for strong measures. And herein lies a ray of hope. They have spoken of the "shrunk confidence of the public". They have observed, inter alia, that corruption by public servants has now reached a monstrous dimension in India and its tentacles have started gripping even the institutions created for the protection of the Republic. The court has prescribed "strong legislative, executive as well as judicial exercises". Corrupt public servants "could paralyse and hinder the democratic polity". This is a loud and clear wake-up call. One way to ward off the impending calamity is to punish the guilty irrespective of their status. |
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No German parts in missiles: India New Delhi, August 3 In response to a question, spokesperson for the Ministry of External Affairs Nirupma Rao said, “We have seen these reports. None of the equipment supplied has been utilised in any missiles.” Though India was not a signatory to the Missile Technology Control Regime (MTCR), there was no violation here of that regime, the spokesperson pointed out. India’s record of not transferring weapons of mass destruction-related technology and adherence to international obligations was impeccable, she said. India had been accused of using equipment imported from a German firm in its Agni missile. |
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MP contests Romana’s
claim on Patna Sahib New Delhi, August 3 Mr Ahluwalia, who represents the BJP in the Rajya Sabha and has been President of the 15-member managing committee of the Takht told The Tribune that the July 21 meeting to elect the President, two Vice-Presidents and other office-bearers was called off by the convener, Major Manjit Singh Sarla. He claimed that the matter was sub judice. He added that the District Judge, Sadanand Mukherjee who is the custodian of the committee is yet to announce a fresh date for holding a meeting for the aforesaid election. He plans to apprise the District Judge of Mr Romana’s false claim. Mr Ahluwalia was contesting for the post of the President. Asked whether he would continue to be in the race for the post, he said, “members of the Bihar Sikh Sangat and the managing
committee of the Takht wanted me to contest. It depends on their wishes.’’ Mr Ahluwalia recalled that the meeting was preceded by the news that one of the members of the Managing Committee, Mahinder Singh had been abducted from Gurdwara premises. He alleged that Romana came to the meeting along with a Punjab minister and about 150 SGPC employees to influence elections with money, muscle power and manipulation. He further alleged that Romana and his supporters did not allow the convener to inform the District administration of Mahinder Singh’s abduction. Instead, they forced the convener to hold the meeting first and then report to the district administration. They snatched the proceeding book and the agenda papers from the convener. The MP said that the convener announced that it was difficult to go ahead with a normal meeting when the life and security of the members was at risk. He reported the matter to the District Judge and an FIR was lodged against Romana. Mr Ahluwalia said that seven members including Romana held a meeting at about 4.30 pm the same day in violation of the provisions of the Constitution and by laws of Sri Takht Harimandirji Patna Sahib. On learning of this, the District Judge sought a confidential report from the District Magistrate. After receiving the report, the District Judge called the convener and Romana. Mr Ahluwalia said that Akali leaders want to grab power everywhere. |
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No discrimination in relief: Ajit New Delhi, August 3 Making a statement on a calling attention motion on the flood situation in the country, Agriculture Minister Ajit Singh assured that the government would not be swayed by party affiliations while allocating Central funds for relief distribution. He pointed out that while it was primarily the responsibility of state governments to deal with natural calamities, the Centre was committed to supplement their efforts by making available all possible logistic and financial support. Stating that the human loss and damages in Orissa in the past two to three years were unprecedented, he hoped no member would have any grudge in removing the sufferings of the people. The minister said the Department of Agriculture and Cooperation was closely monitoring the situation in all states and was in constant touch with the affected states. He assured that the government would not be found wanting in responding to any call for assistance from the states to mitigate the sufferings of the people affected by floods. “There is no discrimination in allocation of funds. Whatever assistance has to be given, will be given. How can anybody think of discrimination when people are suffering?” he said winding up the two-hour long discussion. Mr Ajit Singh said the Centre had decided on a food-for-work programme in states irrespective of whether these were affected by floods or drought. Stating that it would be totally free of cost and there would be no matching grant by the states, he said the state governments would have to certify which district was in the grip of drought. He said a Central team would visit Chhattisgarh in the next few days to assess the damage caused by the floods. |
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NORTH INDIA IN PARLIAMENT New Delhi, August 3 The plan includes the setting up of an additional 200 kw medium wave transmitter in Kargil, the minister informed the House. An amount of Rs 212.76 lakh have been released during the last two years for the development of national parks and sanctuaries in Himachal Pradesh, the Minister of Environment and Forests, Mr T.R. Baalu, informed the Rajya Sabha in a reply. The minister informed the House that an amount of Rs 152.84 lakh for eco development projects in the state, Rs 63.36 lakh for modern forests fire control methods, Rs 116.83 lakh for integrated afforestation and eco development project, Rs 314.74 lakh for area-oriented fuelwood and fodder project, Rs 67.18 lakh for non-timber forest produce including medicinal plant and Rs 80 lakh for IAEPS/FDA under the Samanvit Gram Vanikaran Samriddhi Yojana Scheme in Himachal Pradesh. There are 10 sanctuaries and five recognised zoos in Punjab, the Minister of Environment and Forests, Mr T.R. Baalu informed the Rajya Sabha in a written reply today. There are two national parks, 32 sanctuaries and six zoos in Himachal Pradesh. In Haryana there is one national park, nine national sanctuaries, and four zoos, while in Jammu and Kashmir there are four national parks, 16 national sanctuaries, the minister informed. |
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Licences of depot holders cancelled Hanumangarh, August 3 Sources said the trick was played in February, 2001, when the government decided not to distribute sugar among the families living above poverty line. After the decision of the government about 800 sugar bags were left with the wholesalers of the tehsil. After two months the government ordered to distribute the sugar among the families living below and above poverty line. On this, the wholesaler allegedly abandoned sugar bags by distributing it to persons not eligible. The District Collector had then ordered an investigation after the matter was raised in the press. The District Supply Officer, Mr Harbhajan Singh handed over the report to the Collector. He recommended action against three depot holders and the Enforcement
Officer |
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Rly scrap sale: panel to check leakage New Delhi, August 3 Admitting pilferage in the sale of railway scrap, almost Rs 950 crore every year, the minister said, “My own feeling is that there is a leakage in the scrap sale revenue and that is why we have appointed a committee of five officers of integrity to suggest ways to plug the pilferage.” The Railway Minister also admitted that mafia indeed was involved in the scrap sale but pointed out that controlling it was not the constitutional responsibility of the Railways. The mafia manipulates the auctions by not allowing anybody else to participate in the official auctions. While the Railways could not do anything about it as long as the bids were above the reserve price as a precautionary step it shifted the auction avenues to avert this possibility. The ministry has also decided to instal electronic weigh bridges at 50 scrap supply depots so that weight could not be under-invoiced. |
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BSP to go it alone in Punjab, UP New Delhi, August 3 “We would fight all the Assembly seats in Uttar Pradesh on our own,” the BSP general secretary told mediapersons here. She was, however, not forthcoming on the number of seats the party would fight in Punjab. Asked about the possibility of post-poll alliance, Ms Mayawati said: “The party would not ally with any other party even if it does not get a majority on its own.” |
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FCI staff launch stir New Delhi, August 3 Demonstrating before the headquarters, representatives of the agitating employees said the management of the Punjab FCI was penalising them for the losses that occurred during storage and transportation of huge quantities of foodgrains. |
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