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Monday,
April 8, 2002, Chandigarh, India  
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Panel
favours judicial commission Judge
probing Godhra case seeks security Time for
retrospection in Gujarat Sinha for
economic offences tribunals Probe land allotment to newspapers: Lokayukta
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Recall
envoy from Israel: CPM Clash over dead fish
claims two lives Electoral college
finalised for presidential poll Cardiologist booked
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Panel favours judicial commission
New Delhi, April 7 In its report submitted last week, the Venkatachaliah Commission recommended the setting up of a national judicial commission (NJC) with the participation of the executive and the judiciary in making recommendations on the appointment of judges of the Supreme Court. The report recommended that the commission be chaired by India’s Chief Justice and include two senior most Supreme Court judges, the Union Law and Justice Minister and an eminent person nominated by the President after consulting the Chief Justice. The commission emphasised that the establishment of a national commission and its composition be treated as integral in view of the need to preserve the independence of the judiciary. The Parliamentary Standing Committee on Home Affairs headed by senior Congress member Pranab Mukherjee recently blamed the judiciary for its failure to fill judicial vacancies, absolving the government of wrongdoing in this respect. "The judiciary in whom the power and the responsibility now vests has failed to fill the vacancies in judicial posts promptly and punctually and those vacancies of judges in all courts contribute to the huge pendency in a big way," its report to Parliament said. "The committee is aware that for this state of affairs the Union Law Ministry is not blameworthy... The government is bereft of role in initiating the process of filling up of the vacancies," it said. The report indicated that the situation had developed since October 1993 when the function of initiating a judicial appointment was taken over by the judiciary after a Supreme Court judgement. Until then, the process to appoint a judge had to be initiated by the Justice Department as far as possible six months before the date of vacancy. Delays occurred, "but the government was answerable and accountable to Parliament,’’ the report recalled. The committee also called for a mechanism to ensure judicial accountability. The Venkatachaliah Commission has recommended that a committee comprising the Chief Justice and two senior-most Supreme Court judges be exclusively empowered "to examine complaints of deviant behaviour of all kinds and complaints of misbehaviour and incapacity against judges of the Supreme Court and the High Courts." The commission said if the matter were found to be serious enough to call for a fuller investigation or inquiry, it would be referred for a full inquiry to a committee (constituted under the Judges’ (Inquiry) Act, 1968). It recommended that the Committee under the Judges Inquiry Act be a permanent committee with a fixed four-year tenure and not one constituted ad-hoc for a particular case or from case to case, as is the present position. It could be re-constituted every four years. The report said if the committee recommends the removal of a Judge, "it shall be a convention that the judge promptly demits office himself. If he fails to do so, the matter will be processed for being placed before Parliament." There have been allegations of corruption in judiciary as well as of increasing resort to contempt of court powers by judges. Chief Justice of Supreme Court Sam Piroj Bharucha recently suggested that up to 20 per cent of judges in India were corrupt. Official figures released in February showed there were 67,626 contempt of court cases in High Courts as against 55,737 in May 2000 - 11,889 new cases in such a short span. Senior advocates, including Attorney-General Soli Sorabjee, have been calling for allowing truth as a defence in contempt of court cases. Some time ago, Sorabjee told an interviewer: "How can we not allow a person to justify what he says is not contempt? If he fails, we will come down heavily on him. Otherwise the law of contempt operates as a cover for a corrupt judge." Senior Advocate and Rajya Sabha Member Fali Sam Nariman recently told an audience: "It would be absurd to say that although Article 124 (4) provides for the removal of a Judge for proved misbehaviour, no one can offer proof of such misbehaviour except on pain of being sent to jail for Contempt of Court." The Venkatachaliah Commission has recommended ‘’that, in matters of contempt, it shall be open to the Court to permit a defence of justification by truth on satisfaction as to the bona fides of the plea and it being in public interest."
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Judge probing Godhra case seeks security Ahmedabad, April 7 Justice Shah said he foresaw the need for protection in view of the “sensitivity” of the probe as part of which he would have to visit the Godhra train arson site and more than 100 relief camps housing more than 100,000 riot-displaced persons. There may also be a need to increase his staff strength from the present 16, he added. Also, Justice Shah said District Registrars needed to be authorised to accept affidavits and statements because the victims would not always be able to visit him in person. It was also essential to authorise Registrars to receive papers on behalf of the commission in order to reduce the cost-burden for those filing affidavits, he added. Also, Justice Shah observed: “a poor man cannot be expected to spend money on stamp duty, postage and other such things.” There was a need for exemption on stamp duties because thousands of affidavits were expected, he said. Justice Shah reiterated that the three months given to him, beginning March 6, for the probe were insufficient.
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Time for retrospection in Gujarat Ahmedabad, April 7 This correspondent, who passed through the riot-hit areas of Naroda Patia, Kalupur, Prem Darwaja, Dariapur Darwaja, Dilli Darwaja and Shahpur talking to locals about the gory communal killings that followed the Godhra massacre, came across at a few people who were visibly burdened with guilt. “I am deeply hurt and feel guilty as I could not prevent my students from participating in attacks against minority community, as a result one of them has been named in the NHRC’s report on Gujarat violence” Ms Mani Bhen (name changed), a teacher with a government school in Naroda Patia area, where maximum killings took place, told The Tribune. Geeta Bhen (name changed), a housewife in the Kalupur area now fears revenge killings, if not today after some days. “Many like me got carried away by the calls given by leaders after the Godhra killings and supported those who carried out the attacks, but what we have got in return only lack of peace of mind and fear.” She described how many a household in both minority and majority communities overnight became places for manufacturing petrol bombs. “Many of us used to go door to door to collect empty bottles, kerosene and petrol to be used for making crude petrol bombs, while several others were involved in preparing food packets to be distributed among those, indulging in arson, looting and attack,” she said adding “but now many of us feel ashamed about what we did, though we can’t express our guilt openly.” Mr Viren Patel (name changed), a tailor in Bapunagar, had been witness to all the four riots so far in Gujarat since 1969, says “but for the open support from politicians there would have been hardly any violence”. |
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Sinha for economic offences tribunals New Delhi, April 7 “It is becoming increasingly difficult to deal with countries which have tough laws ensuring secrecy in banking operations and have, therefore, become haven for funding terrorism,’’ he said while addressing a seminar organised by the Appellate Tribunal for Forfeited Property (ATFP). After September 11 terrorist strikes in the USA and the December 13 terror strike on the Indian Parliament, the issue of financing international terrorism and other heinous crimes had gained importance all over. Indian lawmakers must work in this direction to contain the menace, which threatened the social and economic fabric of civil societies, Mr Sinha said. Law Minister Arun Jaitley said international laws on forfeiture of property had come under challenge in the past decade or so due to advancing technologies. With terrorism spreading due to commercial interests and religious ideologies, it was necessary for law enforcement agencies to keep pace with new technologies. Speaking on the occasion, Supreme Court Judge B.N. Kirpal said there had been an alarming rise in terrorism and other organised crimes across the world. Justice Eswara Prasad, Chairman of the ATFP, said the provisions relating to forfeiture of property of terrorists and other criminals needed to be further strengthened. |
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Probe land allotment to newspapers: Lokayukta Bhopal, April 7 The committee, constituted by the Press Council of India, had also pointed out that some of the allottee newspapers and owners “have constructed commercial complexes and have rented out the buildings and were earning huge rents”, the Lokayukta observed in the Lokayukta organisation’s 18th report for the year 1999-2000, presented to the Assembly. The Lokayukta has made the recommendation in the course of disposal of a complaint by Mr Manoj Yadav of Indore against Chief Minister Digvijay Singh in respect of allotment of land to Mr Abhey Chhajlani, proprietor, Nai Dunia, Indore. Justice Faizanuddin’s finding in the case states: “The whole case smacks of an irresponsible manner of dealing with public properties ignoring the public interests ....the government obliged Nai Dunia by allotting land contrary to the policy which had become effective, overlooking the public need of the said land and thus a negation of public interests”. Justice Faizanuddin wants the proposed high-level committee to first go into the allotments in major cities, namely Bhopal, Indore, Raipur, Jabalpur and Gwalior “to find out as to who amongst the allottees are using the land for purposes other than the ones for which it was allotted and whether they are being used for commercial purposes or given on rent, etc.” The land, if being used for purposes other than for which it was allotted, the lease should be cancelled and the land “along with the structure, if any, be taken over”, the Lokayukta feels. He has suggested that a senior sitting District Judge be made the chairperson of the high-level committee and the Chief Justice of the High Court be requested to spare the services of such a judge. The other two members should be a retired IAS officer of repute and a senior working journalist of repute, both to be appointed in consultation with the Lokayukta. Justice Faizanuddin has also suggested amendment to the existing policy/guidelines to do away with the allotment of land to the newspaper establishments at concessional rates as the newspapers are running on commercial basis “earning huge profits, besides other advantages”; the allotment of land to the Press should be made only in a specified area of the city; a newspaper once allotted an area of land shall not be entitled for such allotment a second time; and the land should be allotted only to the accredited newspapers which do not own land in the city. |
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Recall envoy from Israel: CPM New Delhi, April 7 In a strong statement, the CPM Politburo condemned the US administration’s latest stance, which it said “amounts to endorsing the latest phase of Israeli-aggression” in Palestinian territories and its efforts to remove Yasser Arafat from the scene. The condemnation comes in the wake of reports that US President George W Bush has announced, on the eve of Secretary of State Colin Powell’s visit to West Asia, that he will go ahead for a settlement ‘with or without’ Yasser Arafat. |
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Clash over dead fish claims two lives
Lucknow, April 7 State Director-General of Police R.K. Pandit, confirming the incident, said senior police officials have rushed to the spot along with additional forces to control the situation. According to reports reaching the state police headquarters here, the clash broke out when fish of a disputed pond were found dead by villagers of a particular community. Claiming that the incident was the handiwork of another community, they torched a Dalit "basti" in which two persons were burnt alive and several others received injuries.
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Electoral college finalised for presidential poll New Delhi, April 7 The term of office of President K.R. Narayanan ends on July 24. The programme for the election is likely to be announced in May, EC sources said. The election for the next Vice-President will be held after the presidential election.
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Cardiologist booked Jaipur, April 7 The Rajasthan State Anti-Corruption Department (ACD) registered the case against the doctor following a complaint by the affected who alleged that despite spending Rs 51,000, a pacemaker from a registered company was not implanted. She feared that she could not get it replaced free of cost if any complication arose. The ACD in its preliminary inquiry found the complaint to be genuine and initiated action against the doctor who had been suspended earlier under other charges, the statement added.
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