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Saturday,
September 6, 2003, Chandigarh, India  
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SC reserves verdict on HPCL disinvestment More Barak missiles for Navy likely Sharon’s Agra visit
cancelled
Centre justifies summoning of Kalyan |
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Pak to launch second search for Osama in Frontier
province No findings yet
on Madhumita’s foetus, says CBI Cong asks Centre to clarify stand on Gujarat
affidavit Sena, BJP keeping blast memories afresh
Ex-judge gets bail in DDA scam case
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SC reserves verdict on HPCL disinvestment New Delhi, September 5 The judgement was reserved without fixing a date for pronouncement by a Bench comprising Mr Justice S Rajendra Babu and Mr Justice G P Mathur after hearing arguments from senior advocate Harish Salve, appearing for the Centre and F S Nariman and Shanti Bhushan for the petitioners. Appearing for the Oil Sector Officers’ Association, Mr Nariman, also a Rajya Sabha MP, said the officers’ body had no objection to the Centre’s policy on privatising the oil sector. But the government had no power to offload its equity for sale to private companies without the approval of Parliament as the two PSUs were created by the twin Acts passed by it in 1974 for the nationalisation of the then foreign oil companies - ESSO and Caltex. The government had decided to offload its 34.01 per cent equity in the HPCL and 35.02 per cent stakes in the BPCL for disinvestment in the private sector. The preamble of the two legislations clearly stated that the nationalisation was being done to ensure equitable distribution of petroleum products to serve the public interests, Mr Nariman said, adding “The power is given in these statutes by Parliament to vest their control in the state and it can only be undone by the Parliamentary approver.” “This cannot be done by an executive order. Government policy may be perfectly good, but is it permissible under the Constitution and under the Parliamentary democracy where executive is accountable to Parliament,” he argued. Supporting his arguments, Mr Shanti Bhushan, appearing for Centre for Public Interest Litigations (CPIL), which had filed the original petition, said “The policy has to be in the public interest. A private company will not function in the public good, neither is it liable to do so.” Both the counsels for the petitioner said the main reason for the government’s hesitation to take the matter to Parliament was that it was apprehensive of the passage of this Bill by Rajya Sabha, because it did not have a majority there. Government counsel Salve, however, defended the Centre’s decision contending that there was neither a bar on the government under the Constitution to sell its equity nor under the twin Acts under which ESSO and Caltex were nationalised to create the two PSUs. Quoting from these legislations, he said, “Nowhere it has been said that the government shall continue to hold the shares in the two PSUs created under the twin Acts.” The legal entity of the two PSUs under the Companies Act was no different than that of the private companies as both of them were listed in the stock exchange and their shares were traded in the market, Mr Salve said. The Disinvestment Commission had conducted a sectoral analysis of the petroleum sector after the government came out with the policy of privatisation in 1991 and recommended disinvestment of IBP Co Ltd, which was subsequently done through an executive order between 1991-94, he said. Mr Salve said there no limit was fixed for the government shares in the HPCL and BPCL under the Nationalisation Act like in the legislations of the banking and coal sectors, wherein it was clearly laid down that Centre’s equity should not be less than 51 per cent. The government, in its affidavit, had also said that oil sector did not fall in the strategic sector, and therefore, there was no bar on the offloading of its shares. |
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More Barak missiles for Navy likely New Delhi, September 5 Sources in the Ministry of Defence (MoD) said India was interested in purchasing an additional number of vertically-launched Barak SAMs and the negotiations were likely to be held with its manufacturers during the forthcoming visit of Mr Sharon. Negotiations were also likely on Israel selling the long-awaited Phalcon airborne early warning, command and control systems, a green light for which was given by the USA in May. Reports said keeping in view the prevailing security scenario and the fact that the Barak SAMs fulfilled the needs of the Navy the proposal for the purchase of an additional number had come up. Besides, the indigenously developed Trishul missiles still remained to be tested. The Barak missles system which costs almost Rs 100 crore, is fitted on INS Viraat and India is looking at purchasing systems which would be fitted on at least six more key warships over the next few years. Barak missiles are manufactured jointly by the Israel Aircraft Industrie and the Rafael Armament Development Authority, representatives of which would form part of the Israeli defence delegation accompanying Mr Sharon. The purchase of seven electronic warfare systems from Rafael had also been cleared. A controversy had erupted when the government had given clearance for the purchase of the Barak system for INS Viraat in 2000. The contract had been given to Israel which had emerged as India’s biggest partner in the area of defence over the past few years. The Navy defended the purchase on the grounds that it not only fulfilled its requirements but also the post-Pokhran sanctions stood in the way of a western system being acquired. The Navy began looking for an imported anti-missile defence system as Trishul — its preferred option — was not available. Besides, Pakistan had acquired the Harpoon subsonic missiles in 1992. The Barak system was successfully tested in the Mediterranean in 1995 in the presence of representatives of the Navy and the Defence Research and Development Organisation (DRDO). |
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Sharon’s Agra visit
cancelled New Delhi, September 5 Israel feels that Mr Sharon, who was scheduled to arrive here on September 7 evening and leave for a day-long tour of Agra the next day, could be “vulnerable”. He is now arriving on the night of September 8. It is understood that in view of a very high threat perception for Mr Sharon from Palestinian and jehadi organisations, Israeli wanted Mr Sharon’s bulletproof motorcade to go right inside the Taj Mahal complex. However, this could have caused a problem for the Vajpayee government in view of the restrictions imposed by the Supreme Court on the plying of automobiles in the vicinity of the Taj. The “real problem”, the sources said, was Mr Sharon’s political problems back home and the increasing hectic developments on the peace front in the region. Mr Yaron Mayer, an Isareli diplomat here, said the Agra visit had been cancelled due to “technical reasons” but declined to elaborate. The threat perception of Mr Sharon had forced the Union Government to review the security cover under the guidelines of the blue book in addition to the Israeli security requirements. |
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India, Israel to sign six pacts New Delhi, September 5 The two countries are set to sign six agreements and a joint statement after Mr Sharon’s delegation-level talks with Prime Minister Atal Bihari Vajpayee. The accords relate to environmental protection, combating psychotropic and illicit drugs and narcotics, visa-free travel for diplomats, health and medicine; and cooperation in education and in culture. —
TNS |
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Centre justifies summoning of Kalyan New Delhi, September 5 Mr Kalyan Singh’s presence was sought by the commission in view of his recent public statements that Prime Minister Atal Bihari Vajpayee, Deputy Prime Minister L.K. Advani, Human Resource Minister Murli Manohar Joshi and several other top Sangh Parivar leaders had conspired to demolish Babri Masjid on December 6, 1992. Appearing for the Centre, advocate Nisha Kant Pandey told Mr Justice A.K. Sikri that the petition filed by Mr Kalyan Singh challenging the summon order issued to him, was not maintainable as he had tried to revive his earlier similar petition, which was disposed of by the court earlier this year. However, the Centre and the commission were given 10 days time by the court while fixing the next hearing on September 19 to submit their affidavits after advocate Anupam Gupta, appearing for the panel, sought further time to submit its reply. The commission had issued non-bailable warrants against Mr Kalyan Singh for his failure to appear before it on September 2, directing the authorities to ensure his presence on September 23 and 24. His counsel M.N. Krishnamani submitted that the former Chief Minister was “unnecessarily” being harassed by the commission. Mr Kalyan Singh, who was sacked from the BJP about three years ago, for anti-party activities, had joined hands with the Opposition and played a vital role in forming Mulayam Singh government in Uttar Pradesh. |
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Pak to launch second search for Osama in Frontier
province New Delhi, September 5 Reports reaching the intelligence agencies here said that the Pakistani army was ready to launch a major operation in the border areas close to Afghanistan to hunt for Al-Qaida and Taliban fighters. The Al-Qaida leader Osama bin Laden was also suspected to be among the operatives hiding in the region, which has remained “out of bounds” for the Pakistani forces for almost a century. The Pakistani army had apparently dispatched 25 helicopters with troops and arms and ammunition to the region. Reports here said that the helicopters were seen landing at a little-used airport in the Bannu district of the NWFP, which is just about 40 km from the Afghanistan border. Sources here said that there was a possibility of foreign troops being part of the group as the USA was desperately seeking the Saudi fugitive, who continued to fox the US administration. The desperation in the US administration was more, following the emergence of a number of video tapes with Osama urging the Iraqis to fight the ‘American occupation’. The tapes emerged as late as last month and were believed to be original. It was suspected that the Saudi outlaw had escaped into FATA as the US troops had started closing in on him during the operations in Afghanistan. The USA, incidentally, had also deployed an unknown number of special forces near the porous Afghanistan-Pakistan border in a bid to hunt down the Al-Qaida and Taliban operatives. Sources here said that Islamabad’s action could also be as a result of increased pressure from Afghanistan that the Pakistani authorities were not doing enough to stop attacks being launched by the Al-Qaida and Taliban fighters hiding in the border areas of FATA. This would be the second time in three months that the Pakistani forces would launch an operation in the border districts of NWFP. Earlier, in late June, for the first time in almost a century, the Pakistani forces had entered these districts, governed by the extensively armed tribes. After the launching of the first operation the Pakistani authorities had said that troops had entered the area in response to the demands of the people of the tribal areas. However, it emerged that the Pakistani forces had actually launched a major operation in search of the Al-Qaida and Taliban remnants. Pakistani forces had managed to gain an entry into the region after almost a week-long battle with tribals. After breaking down the resistance of the tribals the Pakistani agencies had also established a number of border posts along the ‘Durand Line’, the Afghan-Pakistan border, in a bid to maintain their control over the region. |
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No findings yet
on Madhumita’s foetus, says CBI New Delhi, September 5 A CBI spokesman said no such findings had been intimated to the agency by the Centre for DNA Fingerprinting and Diagnostics, Hyderabad. News reports had claimed that the DNA analysis of Mr Tripathi’s blood sample had matched that of Madhumita’s foetus, which was subsequently intimated to the agency. The blood samples of the former BSP minister and that of the six-month-old foetus were sent to the Centre for analysis after the case was transferred to the CBI in June by then Chief Minister Mayawati. The Centre for DNA Fingerprinting and Diagnostics was still in the process of analysing the blood samples and was expected to sent its report to the agency once the process was complete. Mr Tripathi had initially hesitated in giving his blood samples, but finally he was made to relent. Agency investigation had so far indicated that Mr Tripathi shared intimate relations with the poetess, and his wife, who disliked their growing closeness, conspired to get her killed. —
UNI |
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Cong asks Centre to clarify stand on Gujarat
affidavit New Delhi, September 5 “The Centre should take note of the Gujarat Government’s stand and make its position clear,” Congress spokesman Anand Sharma said. The Congress, he said, condemned the attitude of the Gujarat Government and expected that it would take the necessary steps so that the witnesses felt secure. “It is the duty of the government to ensure that the due process of law was fully respected,” he said. The Gujarat Government had filed an affidavit before the Supreme Court on Wednesday for the amendment of its earlier order, Mr Sharma said. “It is the bounden duty of the government to ensure that the law was followed, the trial was judicious and the victims felt that they would get justice,” he said. Asked about BSP leader Mayawati denying the possibility of an understanding with the Congress for the November Assembly elections, Mr Sharma said the Congress had the strength to fight the elections on its own. He parried questions about the Congress not entering into any alliance for the Assembly elections. To another question, he said the party MLAs in Uttar Pradesh had conveyed their viewpoint about joining the Mulayam government to the high command and a decision would be taken soon. He said Chhattisgarh Chief Minister Ajit Jogi was taking appropriate legal remedies about the summons issued to him by a Shadol court in a forgery case filed by a BJP MP. |
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NCP not to join Cong under Sonia Guwahati, September 5 “We (NCP) will not join the Congress as its chief is not of Indian origin”, Mr Sangma told reporters here, hinting at Congress President Sonia Gandhi’s foreign origin. “But we have no problem about joining that party if they have an Indian leader”, the former Lok Sabha Speaker added. Referring to the illegal migration issue in Assam, he said the NCP was for scrapping of the Illegal Migrants (Determination by Tribunals) Act, which should be replaced by a law which would instil confidence and sense of safety in the minds of the people. Pointing out that the IMDT had created “misunderstanding and divisions” between communities, Mr Sangma said the emphasis was more on preventing future infiltration than on the detection and deportation of aliens. Taking March 25, 1971 as the cut-off year as nominated in the Assam Accord, the NCP leader insisted that citizenship identity cards should be issued to all who came earlier than that date based on the electoral rolls, their birth and school certificates, land deeds and other identifying legal documents. The NCP leader was here to attend a function where former minister Lilamoy Das, former MLA
Barkatulla, two retired bureaucrats, besides thousands from Chaygaon, Boko and Hajo constituencies joined the party. —
PTI |
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Sena, BJP keeping blast memories afresh Mumbai, September 5 Senior leaders of the two parties have organised a number of ‘maha-artis’ at pandals put up to observe the Ganpati festival here. Since Monday, cadres of the two parties have mobilised people in large numbers to attend these events. As the sacred fire from the artis are passed around, leaders of the Shiv Sena and the BJP hit out at the ruling Democratic Front government for not ensuring law and order in Maharashtra. “We are not attempting to polarise the two (Hindus and Muslim) communities. We are only trying to remove the fear of terrorism in the minds of the people,” says Gopinath Munde, president, Maharashtra unit of the BJP and former deputy chief minister of the state. Though there is no concept of ‘maha-arti’ in the Hindu religion, the Shiv Sena and the BJP have used it effectively to cause communal disturbance in Mumbai. Maha-artis held first in 1993 by the two parties resulted in large-scale attacks on the Muslim community. According to the Srikrishna Commission that enquired into the 1992-93 riots in Mumbai, provocative speeches made at the maha-artis resulted in attacks on homes and establishments of Muslims living in the vicinity of temples. Mr Munde, however, remains unapologetic. “The 1993 maha-artis were a protest against namaz offered by the Muslim on Mumbai’s streets that inconvenienced people. The latest maha-arti is to invoke peace in the city,” he told reporters at a press conference programme recently. Though the Shiv Sena had distanced itself from the latest rounds of maha-artis, its leaders were persuaded by the BJP to join in the religious affairs, say sources. So far only the second-rung leaders of the Shiv Sena were making appearances at the maha-artis. Even, Saamna, the party’s mouthpiece has been downplaying these functions. However, Mr Munde said, Shiv Sena leader Uddhav Thackeray would make a joint appearance with BJP leaders at maha-artis soon. Meanwhile, the Maharashtra Government has quietly asked organisers of Ganpati pandals to maintain peace during the maha-artis. In view of an increased threat perception due to last week’s bomb blasts here, the Sushilkumar Shinde government has quietly pressed in more police personnel to monitor the maha-artis. “We will not tolerate hooliganism,” Mr Shinde promised journalists earlier this week. With elections to the Maharashtra legislature due next year, the two saffron parties are already on campaign mode. “Maharashtra’s poor security situation will certainly be an election issue,” promises Mr
Munde. |
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CM lauds role of Sikh Regiment Somewhere in the western
Sector, September 5 The Chief Minister was addressing the
jawans after laying the wreath on the Raja memorial on the eve of Raja
Day function of 2nd Battalion of Sikh Regiment. It may be mentioned
here that on the intervening night of September 5 and 6 during the war
against Pakistan in 1965, the brave soldiers of this battalion led by
Colonel Narinder Nath Khanna captured the strategically important Raja
picket of the Pakistan Army near Haji Peer Pass in Poonch sector after
a fierce battle in which it sacrificed its commanding officer Col
Khanna, and 40 jawans. Capt Amarinder Singh, who himself was
commissioned into this battalion in 1962, said it was sort of
homecoming for him as he had served the regiment from 1962 to 1964 and
was really feeling nostalgic to be present amongst the serving
personnel and the exservicemen of the regiment. He lauded the jawans
for their performance in anti-insurgency operations in Jammu and
Kashmir. He mentioned that the Department of Defence Services Welfare
was making concerted efforts to extend all benefits, including
exgratia and employments’ to the next kin of those Army personnel,
who died in harness during Operation Vijay, Operation Rakshak and
Operation Prakaram. The Chief Minister gave financial grants to the
war widows. They included Surjit Kaur wife of L/Nk Sangar Singh (MVC),
Ms Palwinder Kaur, wife of L/Nk Jagjit Singh (KC), Ms Baljeet Kaur
wife of Nk Balbir Singh (SC), Ms Narinder Kaur, wife of L/Nk Iqbal
Singh (SC), Ms Gurdip Kaur, wife of Nasib Singh (VRC), Ms Kulwinder
Kaur wife of L/Nk Gian Singh and Ms Ranjit Kaur, wife of Hav Gian
Singh (SM) on behalf of the Ludhiana Regiment Welfare
Association. Prominent among those present were the Col Commandant of
Sikh Regiment, Lieut Col S.S. Chahal, and the Commanding Officer of
2nd Battalion of Sikh Regiment, Col J.M. Devadoss. |
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Ex-judge gets bail in DDA scam case New Delhi, September 5 Mr Mukherjee, the first judge ever to be arrested, was on interim bail on account of his wife’s medical condition. He was charged by the CBI with corruption, bribery and sleaze. Mr Mukherjee’s interim bail, granted on June 4, was confirmed by Mr Justice S.K. Agarwal after CBI counsel A.K. Dutt stated that he would not oppose the bail on health grounds. Mr Dutt also said he was not pressing for the written submission in support of his arguments. —
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