Thursday, September 4, 2003, Chandigarh, India






National Capital Region--Delhi

THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Modify order on Best Bakery PIL, Gujarat asks SC
New Delhi, September 3
The Gujarat Government has made a plea to the Supreme Court to modify its order regarding providing protection to all witnesses in the riot cases in the state saying that with the available police force, it was not practically possible to comply with the order.

Reservation for Muslims sought in paramilitary forces
New Delhi, September 3
The Indian Justice Party today demanded reservation for Muslims in the police and paramilitary forces for combating communalism.

External Affairs Minister Yashwant Sinha and Defence Minister George Fernandes outside the Prime Minister’s residence
External Affairs Minister Yashwant Sinha and Defence Minister George Fernandes outside the Prime Minister’s residence after attending a meeting of the Cabinet Committee on Security, in New Delhi on Wednesday. — PTI


 

EARLIER STORIES
 

BJP asks Muslims to raise voice against terror
New Delhi, September 3
The BJP today asked the Muslims to “raise a voice of revolt” against terrorism and terrorists as it was bringing a bad name to the entire community.

BJP not to issue whip to MLAs
New Delhi, September 3
The BJP is not going to issue a whip to its MLAs in Uttar Pradesh Assembly during the Chief Minister, Mr Mulayam Singh Yadav’s, trial of strength on September 8.

A woman sends an SMS on her mobile phone before a Ganesh idol
A woman sends an SMS on her mobile phone before a Ganesh idol in Mumbai on Wednesday. Busy devotees are jumping temple queues during the ten-day-long Ganesh by making their offerings through SMS. For Rs 51, plus the message charge, devotees can SMS prayer to a local cellular operator to have them said at a popular temple. — Reuters

Army Chief Engineer Lt Gen Hari Uniyal and Kolkata Zone's Chief Engineer Brigadier Jitendra Dixit jointly hold the prestigious ISO 9001-2000 certification
Army Chief Engineer Lt Gen Hari Uniyal and Kolkata Zone's Chief Engineer Brigadier Jitendra Dixit jointly hold the prestigious ISO 9001-2000 certification in Kolkata on Wednesday. The certificate was given by the British Standard Institution as recognition of their Quality Management System. —
 
Congress activists protesting the hike of petrol and diesel price in Mumbai
Congress activists protesting the hike of petrol and diesel price in Mumbai on Tuesday. — PTI photos

New jets for VVIP squadron
New Delhi, September 3
VVIP travel in the country will undergo a sea change with the government today deciding to purchase five executive jets from the Brazilian firm Embraer at a cost of Rs 727 crore which would have measures to counter any attack on the aircraft.

Laden’s wives, kids held in Iran
New Delhi, September 3
Osama bin Laden’s four wives and children and his second-in-command Ayman-al Zawahiri have been arrested in Iran, according to reports received here through diplomatic channels.

Cameraman among 21 killed in mishaps
Jaipur, September 3
Twentyone persons, including a cameraman of the Eenadu TV, were killed and 14 injured in three separate accidents in Rajasthan since last night, the police said.

Rivers in spate, reservoirs overflow
Chandigarh, September 3
Most rivers in the northwest region were in spate today following widespread heavy rain in the catchment areas. The inflow from the Sutlej in the Gobind Sagar reservoir of Bhakra Dam was about 90,000 cusecs and of the Beas in the Pong Dam reservoir was 95,000 cusecs following heavy rain. 

Dist consumer forum under state’s jurisprudence, says SC
New Delhi, September 3
In a significant judgement, having far reaching implications on the functioning of the District Consumer forum, the Supreme Court has held that their presidents and members can be transferred by the state government concerned.

Cong condemns spurt in militant attacks
New Delhi, September 3
Condemning the recent spurt in militant attacks in the country, the Congress said today that there was a need for comprehensive measures to effectively check Pakistan-sponsored terrorism.

Kalam’s visit to boost scientists’ morale
New Delhi, September 3
At a time when the country’s godowns are overflowing, the President Dr A.P.J. Abdul Kalam’s, visit to Punjab Agricultural University, Ludhiana, tomorrow is seen as an intellectual support to the scientists, who have been recommending diversification for nearly a decade.

Training at IMA must for TA officers
Chandigarh, September 3
In a radical shift in training philosophy, officers of the Territorial Army (TA) will now have to undergo three-month post-commission training at the Indian Military Academy (IMA), Dehra Dun. The first such batch is currently being put through its paces at the IMA.

Salman KhanHC quashes charge against Salman
Mumbai, September 3
The Bombay High Court today quashed charges of culpable homicide not amounting to murder framed against actor Salman Khan by the Sessions Court in a hit-and-run case last year in which one person was killed and four others were injured.

Videos
Congress President Sonia Gandhi accuses Bharatiya Janata Party of dividing the nation along communal lines.
(28k, 56k)
Bipasha Basu is all set to sizzle the screen again in Rohit Shetty's "Zameen".
(28k, 56k)


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Modify order on Best Bakery PIL, Gujarat asks SC
Our Legal Correspondent

New Delhi, September 3
The Gujarat Government has made a plea to the Supreme Court to modify its order regarding providing protection to all witnesses in the riot cases in the state saying that with the available police force, it was not practically possible to comply with the order.

The state government had also challenged the National Human Rights Commission (NHRC) petition seeking fresh trial in the Best Bakery case outside the state on the question of maintainability, alleging that the commission “appears to have been carried away by the campaign orchestrated by a section of media casting aspersions on the functionaries of the administration of justice.”

The submission had been made by the state government in an affidavit, filed in reply to the NHRC petition alleging that the Best Bakery case key witness Zahira Shaikh was coerced and threatened to resile her statement in the fast track court at Vadodara which resulted in acquittal all the 21 accused.

The government said since a large number of villages and towns in the state were communally sensitive, requiring deployment of adequate number of security personnel on a permanent basis for maintaining communal harmony, “It would be extremely difficult for the state administration to provide protection to the family members and relatives of all witnesses as directed by the court...”

“And, therefore, the direction issued to the state of Gujarat by the order dated August 8, 2003, in respect of providing complete protection to the witnesses, their families and relations be suitably modified,” the Home Department of Gujarat Government said in the affidavit.

Submitting that Zahira and her mother had never lodged a complaint with the state administration or the police about the alleged threat and coercion during the trial proceeding or before, it alleged that the so-called threat had come to the knowledge of the NHRC only through some media reports.

However, the government said that it had issued orders to the police officials concerned in different districts to provide adequate protection to all important witnesses among a total number of 1,187 in nine major cases mentioned by the NHRC in its petition.

“Most of the witnesses refused to accept the protection for the time being but have asked for the same on the commencement of the trial. The statements of such witnesses had been recorded in the presence of executive magistrates,” the affidavit said.

A Bench, headed by Chief Justice Mr V.N. Khare had on August 8 directed the state government to provide protection to the witnesses in all riot cases in the state to ensure free and fair recording of their evidence. The court had converted the NHRC petition into a public interest litigation (PIL).

The NHRC had said that Zahira had named certain persons who had put pressure on her by holding threats to her and her family if she deposed truthfully in the court about the Best Bakery incident in which 14 persons, including seven her relatives, were killed.

Questioning the maintainability of the NHRC petition, the state government said the Commission’s invoking Article 136 of the Constitution would set a bad precedent having wide repercussions on the criminal cases pending in the courts, especially when an appeal had been filed in the high court in the Best Bakery case.
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Reservation for Muslims sought in paramilitary forces
Tribune News Service

New Delhi, September 3
The Indian Justice Party today demanded reservation for Muslims in the police and paramilitary forces for combating communalism.

“The reservation should be on the basis of population,” party President Udit Raj told newspersons here and pleaded for an amendment to Article 341.

Mr Raj said even the Mandal Commission recommendations providing for 8.5 per cent reservation for Dalit Muslims was not being fulfilled as was evident from the numbers of Muslims joining the Civil Services.

“Why can’t this portion be earmarked for Muslims separately,” he asked.

Asserting that the Muslims’ participation in government jobs at the time of Independence was about 30 per cent, he said the percentage had now gone down substantially and “we have to understand the causes for the decline.

Mr Raj said his party had called a convention of Muslims on Saturday to explore the possibility of providing alternative political and economic options for the community.

He said communalism was not being tackled properly and wondered whether secular forces had the correct understanding of the ground realities.

“We have to find ways to tackle communalism and one way could be to provide reservation to Muslims in the police and paramilitary forces”, he said.

He announced that his party would contest all 70 seats in the Delhi Assembly elections in November and would give large representation to Muslims to increase its political base.
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BJP asks Muslims to raise voice against terror
Tribune News Service

New Delhi, September 3
The BJP today asked the Muslims to “raise a voice of revolt” against terrorism and terrorists as it was bringing a bad name to the entire community.

In a suo motu statement, BJP spokesman Mukhtar Abbas Naqvi said some terrorist outfits and organisations were using incidents in Gujarat as a “security cover”.

In a reaction to media reports about some highly educated professionals from the Muslim community being involved in the acts of terrorism, Mr Naqvi said terrorist and separatist organisations gave one excuse or the other in a planned manner for their acts of terrorism.
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BJP not to issue whip to MLAs
Tribune News Service

New Delhi, September 3
The BJP is not going to issue a whip to its MLAs in Uttar Pradesh Assembly during the Chief Minister, Mr Mulayam Singh Yadav’s, trial of strength on September 8.

A top BJP leader confided to TNS here that the party had decided to stay in the Opposition in Uttar Pradesh as it did not want to force an election on the people of the state and that was why no whip was being issued.

“To bring down the Mulayam Singh Yadav’s government was not our objective”, the leader said.

Meanwhile, the party spokesman, Mr Mukhtar Abbas Naqvi, vehemently denied the BSP’s allegation that the Vajpayee government was taking revenge on Ms Mayawati by directing the CBI against her.

This is not “correct”, he said.

No BJP leader has ever threatened the BSP to form an alliance with any party, Mr Naqvi said in response to a BSP leader’s statement.

The BSP has had an alliance with the Congress in the past, Mr Naqvi said adding that Ms Mayawati was free to decide.

In response to a question, the spokesman said at present there was no possibility of an alliance between the BJP and the BSP in the near future.
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New jets for VVIP squadron
Tribune News Service

New Delhi, September 3
VVIP travel in the country will undergo a sea change with the government today deciding to purchase five executive jets from the Brazilian firm Embraer at a cost of Rs 727 crore which would have measures to counter any attack on the aircraft.

The deal for buying four executive 14-seater jets for the IAF Communication Squadron based at Air Force Station, Palam and one for the Border Security Force was cleared by the Cabinet Committee on Security (CCS) here. The new aircraft would replace the old Avros in the Squadron and would be used to ferry top dignitaries, including the visiting dignitaries.

Briefing newsmen, Defence Secretary Ajay Prasad said the first three aircraft would be delivered within 19 months of signing the contract with the Brazilian firm. The remaining two aircraft would be delivered two months later.

The important feature of the new aircraft would be the integration of the “self-protection suite” which would be equipped to ward off threats from missiles or ground attack.

Mr Prasad said these suites were already in possession of the Indian Air Force (IAF) and would be integrated by the Brazilian company. He said all the planes would be similar in design and interior packaging.

The cost of the project includes ground maintenance support for the aircraft and improving the infrastructural facilities at the VVIP lounge at the Palam Technical Area.

The Defence Secretary hinted that besides these executive jets, the country would go in for acquisition of bigger jets for use of VVIPs like the President and Prime Minister.

He said talks were on with the American aviation company Boeing for installing self-protection suites in the Prime Minister’s Boeing 737 aircraft.
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Laden’s wives, kids held in Iran
Rajeev Sharma
Tribune News Service

New Delhi, September 3
Osama bin Laden’s four wives and children and his second-in-command Ayman-al Zawahiri have been arrested in Iran, according to reports received here through diplomatic channels.

Though nobody seems to know about the whereabouts of Bin Laden, the Americans are reasonably sure that the Al-Qaida chief is alive and is in Pakistan where he is constantly shifting bases under the cover of darkness.

Sources said here today that the Americans were aware of the reports that Bin Laden’s four wives and his children were in the custody of the Iranian authorities. It is understood that Tehran is using its prized possessions as bargaining chips with the USA.

The reports said Bin Laden was in touch with his close confidante and Al-Qaida commander Khaled Sheikh Mohammed till early this year. Mohammed, the mastermind of the 9/11 terror attacks, was captured by the Pakistani security forces in March this year.

When Khaled Sheikh was arrested some letters were recovered from him which are believed to have been written by Bin Laden which indicated that he was in the region. That is because Bin Laden is believed to have turned to the Stone Age in terms of communication.

Since it is not safe to use any kind of phone (landline or mobile) or e-mail, he sends messages to his trusted aides by word of mouth or letters by special couriers who for obvious reasons would be used for not very long distances.

Though the Pakistani Government claimed that with the arrest of Sheikh Mohammad the backbone of Al-Qaida in the country had been broken, the reports suggest to the contrary. Al-Qaida is believed to be helping militant outfits like the Harkat-ul Mujahideen and the Lashkar-e-Jhangvi.
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Cameraman among 21 killed in mishaps

Jaipur, September 3
Twentyone persons, including a cameraman of the Eenadu TV, were killed and 14 injured in three separate accidents in Rajasthan since last night, the police said.

ETV cameraman Mohammad Ramzan was among 11 persons killed — seven men and four women — when a truck dashed against a jeep, nearly 2 km from Dudu in Jaipur district, this afternoon, the police said.

Ramzan and others were returning from Ajmer after visiting the Dargah of Khwaja Moinduddin Chisti when the accident occurred. Ramzan (31) hailed from Bisalpur village in Tonk district.

Road accidents in the state claimed 10 other lives during the past 24 hours. Five persons, hailing from Begusarai in Bihar, were killed when their car dashed against a bus at Bhagat Ki Kothi in Jodhpur. In another accident, two women were among five persons killed when a truck collided with a car near Bhim in Rajasmand district. Ten others were also injured as the truck collided with the car, heading towards Ajmer. — UNI
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Rivers in spate, reservoirs overflow

Chandigarh, September 3
Most rivers in the northwest region were in spate today following widespread heavy rain in the catchment areas.

The inflow from the Sutlej in the Gobind Sagar reservoir of Bhakra Dam was about 90,000 cusecs and of the Beas in the Pong Dam reservoir was 95,000 cusecs following heavy rain. The Bhakra Beas Management Board (BBMB) sources said the level in the reservoirs since yesterday had risen to 1,662 feet and 1,357 feet, respectively, against the optimum levels of 1,680 feet and 1,390 feet, respectively.

The Yamuna upstream of Tajewala near Yamunanagar had a discharge of 23,011 cusecs this morning and reports said the level was rising. According to the weather bureau here, Chandigarh, Ludhiana and Bhuntar received 151.2 mm, 165 mm and 125 mm rainfall, respectively till this morning. It flooded all low-lying areas and was the heaviest in recent years.

As the southwest monsoon turned active from the Jammu region to areas in Haryana and started skirting the National Capital Region, Jagadhari recorded 140 mm rainfall, the heaviest of the season so far.

Meanwhile, reports from Jaipur said most big reservoirs at dams were overflowing in the state. The state Irrigation Department said 60 mm rainfall was recorded at various places across the state during the past 24 hours. The highest, 60 mm, was experienced at Jaggar in Karauli district.

Of nearly 150 major reservoirs, 122 were already fully filled. Moderate to heavy rain in various parts of Himachal Pradesh since last night caused landslides in the interior. According to the weather office in Shimla, the city and its surrounding areas were lashed by heavy rain last night that continued till this morning. The capital received 27.7 mm of rain during the past 24 hours. The weather office has predicted more rain.

Heavy showers last night caused landslides that blocked National Highway-22 at Shilar for about two hours. The Shimla-Chopal road was also blocked following a landslide near Chambi village. There were also reports of heavy rain in Bilaspur district, Lahaul and Spiti and Kinnaur.

Reports from Shimla say a nine-year-old boy, Promod, was killed and another person injured when a pine tree uprooted due to heavy rain fell on the ‘jhuggis’ of Rajasthani labourers in Hamirpur.— UNI
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Dist consumer forum under state’s jurisprudence,
says SC

New Delhi, September 3
In a significant judgement, having far reaching implications on the functioning of the District Consumer forum, the Supreme Court has held that their presidents and members can be transferred by the state government concerned.

The scheme of the Consumer Protection Act, 1986, does not prohibit or exclude the exercise of power to transfer the president or members from one district forum to another within the state, the court added.

The power to transfer, the court noted, vests in the state government as the employer and is available to be exercised on the recommendation of the committee, contemplated by the Sub-Section (1A) of the Section 10 of the Act.

With this ruling, a Bench of Mr Justice R.C. Lahoti and Mr Justice Ashok Bhan allowed an appeal by the Rajasthan Government and set aside a judgement of the state High Court, taking a contrary view.

The High Court had held that the concept of transfer was unknown under the scheme of the Act and quashed the transfer of Pali district forum president Anand Prakash Solanki to Jalore district forum in the same capacity allowing a petition challenging his transfer.

The apex court in its judgement said the concept of appointment by transfer was not unknown to service jurisprudence.

“A power to appoint includes a power to revoke an appointment and so also a power to make an appointment includes a power to make an appointment by transfer, subject to satisfying the requirements of the Section 10 of the Act. The expression ‘appointment’ takes in appointment by direct recruitment, appointment by promotion and appointment by transfer,” the court observed.

The court held that the administrative control over all district forum within the state had been vested in the state government in all the matters contemplated by Clauses (I) (II) and (III) of Sub-Section (I) of the Section 24B of the Act.

“Such appointment by transfer shall be made by the state government but only on the recommendation of the committee consisting of the president of the state commission and two secretaries. However, such appointment by transfer cannot be frequent or a routine feature and the power has to be exercised sparingly and only in the public interest,” the court observed. — UNI
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Cong condemns spurt in militant attacks

New Delhi, September 3
Condemning the recent spurt in militant attacks in the country, the Congress said today that there was a need for comprehensive measures to effectively check Pakistan-sponsored terrorism.

Party spokesman Syed Sibte Razi said the country had suffered huge losses due to cross-border terrorism. He asked Pakistan President Pervez Musharraf to end the proxy war and create an atmosphere for peace and friendship between the two neighbours. Claiming that the security situation had improved in the valley after the PDP-Congress coalition government came to power in Jammu and Kashmir, he said the Congress would support all measures by the Centre to tackle the cross-border terrorism. — TNS
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Kalam’s visit to boost scientists’ morale
Tribune News Service

New Delhi, September 3
At a time when the country’s godowns are overflowing, the President Dr A.P.J. Abdul Kalam’s, visit to Punjab Agricultural University, Ludhiana, tomorrow is seen as an intellectual support to the scientists, who have been recommending diversification for nearly a decade.

In the light of the WTO commitments, there is an urgent need to diversify the agriculture sector for economic sustainability.

The importance that Mr Kalam attaches to the agricultural sector came out clearly during his address to the joint session of Parliament. He called for a review of policies that discourages the diversification of agriculture.

The prestigious university had played a significant role in ushering in the Green Revolution in the country.
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Training at IMA must for TA officers
Vijay Mohan
Tribune News Service

Chandigarh, September 3
In a radical shift in training philosophy, officers of the Territorial Army (TA) will now have to undergo three-month post-commission training at the Indian Military Academy (IMA), Dehra Dun. The first such batch is currently being put through its paces at the IMA.

While officers at the TA Directorate say that the move has been introduced to impart better training and improve the professional standards of TA officers, a controversy has been generated over the manner of implementation of the scheme.

According to sources, TA officers have been put up at the IMA's Army Cadet College wing, which imparts training to JCOs and NCOs of the regular army, who have been selected to become officers. A directive issued by the Additional Director-General, TA, states that post-commission training at the IMA is to be carried out with in four years of getting commissioned.

Some officers are also questioning the logic of sending commissioned officers already commanding sub-units for training in a pre-commission establishment. "Had initial pre-commission training for TA officers been introduced at the IMA, it would have been a better idea," a TA officer remarked. "Sending officers, many of whom with field experience, including service in counter-insurgency environment, to get training with cadets puts them in an awkward situation," he added.

Prior to this, a TA officer was required to undergo 75-day post-commission training. This included the mandatory 42-day Young Officers' (YO) Course, conducted by the Infantry School, Mhow, along with regular officers of the rank of Captain. The remaining period was spent on attachment with a regular infantry battalion.

Officers pointed out that with the introduction of the IMA training capsule, a question mark has arisen over the continuance of the YO course, which is much more professional as it deals with the finer aspects of battle tactics and operations. "As new per rules, post-commission training for TA officers cannot exceed 90 days. If the YO course is to be conducted for TA officers, under which rule would it be done," an officer questioned.

The new training rules are applicable only to TA officers who have been commissioned on or after June, 2003. Sources point out that even officers commissioned in 2001 and 2002 have been sent to the IMA. "The training notification was issued in June and no notification can be implemented with a retrospective effect," an officer said. Officials at the TA Directorate, however, maintain that only volunteers are being sent.
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HC quashes charge against Salman

Mumbai, September 3
The Bombay High Court today quashed charges of culpable homicide not amounting to murder framed against actor Salman Khan by the Sessions Court in a hit-and-run case last year in which one person was killed and four others were injured.

Passing the order on an application filed by Salman against the charges framed by the lower court under Section 304 (Part II, culpable homicide not amounting to murder) of the IPC, Mr Justice M V Kannade said it was not established during the argument that the accused had knowledge of accident and its fallout.

Since it was an accident, the case should be tried under Section 304 (I), the court said. — UNI
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Memorial to Guru Teg Bahadur

New Delhi, September 3
The Delhi Government today decided to set up a memorial to Guru Teg Bahadur, the ninth Sikh guru, and declared the old St Stephen College building at Kashmere Gate a heritage structure.

The Expenditure Finance Committee, at a meeting chaired by Finance Minister Mahinder Singh Saathi, decided to build the memorial to the Sikh guru at Singhu Border in the Capital at a cost of Rs 662 crore. — UNI
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Teenaged blasts’ suspect remanded

Mumbai, September 3
A juvenile court today remanded Farheen Sayyed, 17-year-old-daughter of Sayyed Mohammed Hanif Abdul Rahim, prime accused in the July 28 Ghatkopar bus blast and last week’s twin explosions in the city, in police custody till September 15.

Farheen has been sent to the children’s remand home at Umerkhadi in south Mumbai. — UNI
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BRIEFLY

2 SBI workers arrested
Guwahati:
Two employees of the Dibrugarh main branch of the State Bank of India have been arrested for their alleged involvement in a treasury scam, official sources said here on Wednesday. The two senior assistants of the bank, Ratan Dev and P.K. Sonowal, were arrested on Tuesday after prolonged interrogation following the unearthing of the scam about a fortnight ago. So far, cases of pension account forgeries worth more than Rs 2 lakh had been detected by the police at the Dibrugarh treasury. — PTI

Andhra court defines ‘dowry’
Hyderabad:
In a significant verdict, the Andhra Pradesh High court has ruled that irrespective of any pre-marriage agreement, any demand for cash or kind will attract the definition of dowry and the persons responsible for such a demand are liable for prosecution under the provisions of the Dowry Prohibition Act. A Bench comprising Mr Justice Bilal Nazki, Mr Justice G. Raghuram and Mr Justice K.C. Bhanu gave the above interpretation to the word “dowry” as found in the Dowry Prohibition Act. The Bench had to interpret the word dowry in view of conflicting judgements on this aspects. — PTI

Sadhus booked for Kumbh stampede
NASHIK:
A case has been registered against 25 sadhus, including two mahants, of Vrindavan Jagannath Mandir, Swami Ishavarpuri Ashram and owners of three vehicles on Tuesday night in connection with August 27 stampede that claimed 33 lives, the police said on Wednesday. However, no arrest has been made so far. It was alleged that sadhus threw coins and prasad during their procession towards the royal bath, which created stampede. — PTI

25,000 AK-47 cartridges seized
KOLKATA:
The police on Wednesday seized 25,000 cartridges of AK- 47 from a truck in the Kidderpore port area, which caused sensation among the people and the state administration. The truck carrying the cartridges was left abandoned on the wayside for over a week. It is suspected that the ammunition had been smuggled for terrorists in Kashmir and Kolkata was being used as a corridor. Police investigation reveals that the firearms used by terrorists in their operation in Kashmir during the Inter-State Council meeting had been dispatched from Bangladesh via Kolkata. — OC
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