New Delhi, November 2
In sequal to Prime Minister Manmohan Singh's assurance to replace the "draconian" Armed Forces Special Protection Act (AFSPA) in Manipur with a more humane law, the Centre today decided to set up an experts committee to review the Act.

This was announced by Union Home Minister Shivraj Patil after a meeting with the representatives of the Apunba Lup, the apex body of 32 organisations that has been spearheading the agitation in Manipur since July 11 demanding repeal of the Act.

"We will have a committee of persons, who know the legal aspects of the Act, besides a few Members of Parliament, jurists and people who have some political background to look into the Act and suggest what could be done," Mr Patil told mediapersons without setting any timeframe for the "review exercise."

Despite the Centre's decision to form the committee, the Apunba Lup representatives maintained that the agitation had not been called off and that only after they reached Manipur and had discussion with the local people a decision on calling off the agitation would be taken. Mr A. Lokendra, the spokesperson and leader of the Apunba Lup, delegation said they would be reaching Manipur on November 7.

The Manipuri delegation after their meeting with the Prime Minister yesterday were keen to know how Dr Manmohan Singh's assurance would be fulfilled, Mr Patil said adding "after a detailed discussion, it appeared that they (Apunba Lup representatives) were happy with the decision," Mr Patil Said.

While making it clear that the "review exercise" pertained only to the AFSPA in Manipur and not to similar Acts in other States, the Union Home Minister said the committee would be formed "soon".

Asked to comment on the strong reservations made by the Defence Ministry on the repeal or the dilution of the Act, Mr Patil merely said that "all legal aspects will be reviewed and all concerned people will be consulted."

Terming the government's decision as "one positive step", Mr Lokendra, emerging out of the meeting said "we are all for going forward and bringing this exercise to a logical conclusion."

Asked whether the Apunba Lup had diluted its demand for the "repeal" of the Act and agreed for "review and replacement" of the draconian Act with a more humane one, Mr Lokendra said "the use of the word repeal has greater ramifications in other States...So we understand their (Centre's) situation and problem."

New Delhi, November 2
Private sector domestic airlines may fly to more foreign destinations much earlier than expected, even before the new Civil Aviation Policy, which will set the road map for the civil aviation sector in the country, is in place by the end of the year.

The Civil Aviation Ministry is preparing a note to be placed before the Union Cabinet for its approval to allow the private sector domestic airlines to fly to more foreign destinations than just to two SAARC destinations at present, which may come through within the next one month. The note for the clearance may be placed before the Cabinet by the end of the month.

The ministry is looking at seeking an "in principle" clearance from the Union Cabinet to allow the domestic airlines, which will also include the Indian Airlines, to fly to destinations in South-East Asia, Europe and even Trans-Atlantic countries. The other modalities in this regard are expected to be worked out only at a later date after the clearance has been sought.

Civil Aviation Minister Praful Patel announced here today that his ministry was in the process of seeking the Cabinet clearance and the domestic airlines, both private and public sector, may be able to fly to more foreign destinations. He was talking to reporters after the Naresh Chandra Committee presented its report, which will be the basis for the new civil aviation policy, to the minister at the Rajiv Gandhi Bhavan here.

The minister’s announcement assumes importance as the Naresh Chandra Committee, in its report, has also again reiterated the fact that the domestic airlines, both private and public sector, be allowed to “utilise the unused entitlements in the present air services agreements, especially with regard to all destinations with high traffic”.

This will mean that the domestic airlines will be allowed to begin operations on routes where the country’s international carrier, Air India, is not able to take full advantage of the bilateral agreements worked out with those countries. These could include destinations like London, Paris, destinations in the US and Canada and those in South-East Asia like Singapore, Bangkok and Kuala Lumpur.

The committee, in its report, has pointed that while infrastructure indeed is a limiting factor, lack of capacity to and from India is yet another major constraint. This it has pointed out in respect of the growth of the civil aviation sector in the country.

Secretary, Civil Aviation, K. Roy Paul said the private domestic airlines would be allowed on foreign routes while strengthening both the public sector airlines Air India and Indian Airlines. This could mean more investment in the two airlines, especially for fleet acquisition.

The committee has noted that the Indian civil aviation system, including the airlines, will face increasing competition from places near our shores. These would include Dubai, Singapore, Kuala Lumpur and Colombo, to name a few, and has suggested a bold and pragmatic approach by all concerned in India to withstand this competition.

Explaining the bold and pragmatic approach, Mr Naresh Chandra said this would mean more of investments in fleet acquisition and removal of constraints in allowing private airlines to fly abroad. The domestic airlines should be able to get more share of routes to and from India, which is not the case as of now, he noted.

New Delhi, November 2
Just days after the Union Cabinet barred foreign airlines to pick stake in the domestic airlines, the Civil Aviation Ministry said here today that the policy was “not sacrosanct” and the policy may be reviewed at a later date which may allow the foreign airlines to have a stake in domestic airlines.

Talking to reporters after the presentation of the Part-II of the Naresh Chandra Committee report, which will lay the road map for the civil aviation sector in the country, Civil Aviation Minister Praful Patel said the government, at a later date, might allow foreign airlines to pick up stake in domestic airlines.

This statement from the minister comes despite opposition from the Left parties, which are major partners in the United Progressive Alliance (UPA) government at the Centre.

The Union Cabinet had just two weeks ago, while increasing the foreign direct investment (FDI) in domestic airlines from 40 per cent to 49 per cent, decided that foreign airlines would not be directly allowed to pick a stake in the domestic airlines. This hike had also come despite opposition from the Left parties, which were initially opposed to it but later said that it was in line with the UPA policy.

This latest statement from the minister is again likely to raise dust, specially since it would not be acceptable to the Left.

The Union had earlier said that the non-resident Indians and overseas corporate bodies would be allowed to hold 100 per cent equity in domestic airlines through the automatic route, which was till then allowed only through the Foreign Investment Promotion Board (FIPB).

But the proposal was mired in controversy with the Left parties opposing change in the existing caps in the three sectors.

However, the minister said here that before the foreign airlines were allowed to operate domestically, the efforts would be to allow the Indian domestic airlines to grow, which would give all airlines a level playing field.

“First we have to allow the domestic airlines to go ahead and also strengthen the Indian Airlines and Air-India, then we will review (the policy),” the minister said.

When asked specifically about the ministry’s view on the cap on FDI, he said that the policy was not sacrosanct and foreign airlines may be allowed to pick stake in domestic airlines.

The minister also said that his ministry was opposed to the government withdrawing the exemption from tax on remittance of lease rental of aircraft with effect from April, 2005. He said his ministry would talk to the Finance Ministry to get the decision reversed, as it would act as a disincentive to set up regional airlines.

Incidentally, the Naresh Chandra Committee has also recommended the same as it would affect the connectivity to smaller towns and growth of regional airlines.

The minister said several recommendations, made in the first part of the report submitted in December last, had already been implemented “on a stand-alone basis”.

These included reduction in excise duty on aviation turbine fuel (ATF), abolition of inland travel tax and foreign travel tax, lowering of landing and navigation charges, liberalisation of charter policy and restructuring of Delhi and Mumbai airports.

The Naresh Chandra Committee, in its report, also recommended a Civil Aviation Security Act to delineate steps for improved coordination among various agencies involved in aviation security and streamlining of procedures for faster immigration and customs clearance.

“Definitely, by the end of this year, the new Civil Aviation Policy will be ready. With the Naresh Chandra Committee submitting its entire report, we are now fully in a position to have the policy,” Mr Patel later said.

He said the policy, to be prepared after thorough discussion with the panel members and others concerned, would be the basis for the growth of the entire sector.

New Delhi, November 2
Administrative reforms, timely filling of backlog of vacancies, protection of civil servants for their bona fide decisions and transparency in the working of bureaucracy with the freedom of information were the focus area of the government, said Union Minister for Personnel Suresh Pachauri here today.

Inaugurating the Chief Secretaries Conference here, he said the government was committed to bring transparency in administration, right to information, timely and effective redressal of grievances and a systematic approach to simplifying procedures.

A day after Prime Minister Manmohan Singh convened the first meeting of his council of ministers to focus on responsive administration, the daylong conference also discussed issues like effective performance of management and appraisal and improving service delivery for greater citizen satisfaction.

Dr Manmohan Singh had cautioned ministerial colleagues from “over interfering” in the functioning of bureaucracy. “They are our instruments for delivering results, hence they need to be given their due place.”

Asserting that civil service reforms and corruption at various levels of administration would have to be given some thought, Mr Pachauri said “unless we root out corruption and bring in transparency in our functioning, people sooner or later will lose faith in the administration.”

He hoped that Chief Secretaries, who head the administrative system in states and Union Territories, would deliberate on such issues with a sense of commitment to make the system more responsive to the people.

He said the Manmohan Singh Government was committed to making the Right to Information Act “more progressive, participatory and meaningful” and wanted to see the Lokpal Bill becoming a law.

Mr Pachauri said his ministry had also drawn up a detailed time schedule for filling backlog vacancies, including those for SCs and STs.

Citing the examples of Great Britain, New Zealand and Canada, he said reforms introduced in those countries had resulted in improvement and more efficient delivery to the public. Most of the reforms had led to increased competition and, therefore, the pressure for more efficiency.

“The reforms, in whatever form we introduce, should conform to Indian organisational ethics and socio-cultural characteristics. Success of the reforms can only be judged by the difference they make to the life of the poor and weaker sections of the country”, he added.

A concept paper along with an action play for a responsive and citizen-friendly administration was circulated by the Secretary, Department of Scientific and Industrial Research, Mr R. A. Mashelkar.

New Delhi, November 2
Anti-federalism and autocratic policies of the Central government followed over the past 50 years have led to the marginalisation of people in the Jammu and Kashmir and north-eastern states besides anti-national and seccessionist feelings among them.

Only pluralistic and genuine federalism policies in the country can help the country to resolve the political crisis in these "troublesome areas," said political experts here today, while participating in an international workshop on "Cooperative Federalism and the Management of Diversity."

Speaking at the workshop, Mr Sanjib Baruah, Senior Fellow and Head, Centre for Northeast India, South and Southeast Asia Studies (CENISEAS), said, "Mishandling of the political situation by the successive governments at the Centre and bureaucrats has resulted in growing dissonance between this political discourse and the actually existing political economy in the region."

Lamenting over the division of Assam, he said," The unilateral decision of the Central Government to create new states, dependent on Centre assistance, has only created chaos besides encouraging small ethnic groups to demand separate statehood."

Referring to the adverse impact of illegal migration from Bangladesh on the region's economy, he said," What is illegal migration? It is a economic necessity. The construction boom and economic opportunities in the north-eastern states is attracting labour not only from Bangladesh, but also from Nepal, Bhutan, and UP, Bihar and other states."

If the Delhi Government can improve political and economic relations with Bangladesh, said Mr Baruah, it would help the people in the region to tap the potential of trade.

Presenting her paper on Jammu and Kashmir’s political scenario, Prof Rekha Chaudhary of Jammu University, said," Had the government not put Sheikh Abdulah under arrest, the political scenario would have been different. People at time were in favour of merger of the state with the Indian State."

It is only the misrule of successive governments in the state and Centre that marginalised a large section of the population, she said.

Among others, Mr R.K. Mishra, Chairman, Observer Research Foundation, Prof Amitabh Mattoo, Vice-Chancellor, Jammu University called upon the Indian and other governments to follow the cooperative federalism to manage the diversity in the states.

New Delhi, November 2
In a boost to former Chief Minister and Congress leader Harcharan Singh Brar fighting an election case, the Supreme Court has directed the Punjab and Haryana High Court to consider his election petition afresh, taking objection to the dismissal of it at the threshold of admission in “limine”.

Allowing an appeal of Mr Brar against the high court order, a Bench of Chief Justice R.C. Lahoti and Mr Justice C.K. Thakkar said “the election petition shall stand restored on the file of the high court for hearing and decision.”

Setting aside the high court order rejecting his petition, the apex court said Mr Brar “should have been allowed an opportunity of removing the defect by filing a proper affidavit. Else the effect of such failure should have been left to be determined and adjudicated upon the trial.”

Mr Brar was one of the 12 candidates in fray from Muktsar during the 2002 Assembly elections and had lost by a narrow margin of 200 votes.

He polled 32,465 votes against the winning candidate Sukh Darshan Singh, who secured 32,465 votes, according to his appeal in the apex court.

The main ground of his election petition was that nomination of one of the candidates was “improperly” accepted by the Election Commission, which had resulted in the election being “materially affected”.

He also had alleged that Mr Sukh Darshan Singh, an Independent candidate, had indulged in “corrupt practice” of obtaining the assistance of a police officer within the meaning of Section 123(7) of the Representation of People Act.

The high court had said that no material facts were placed on record about the alleged “corrupt practices” by the rival candidate.

“The election petition does not disclose any cause of action and therefore does not raise any triable issue,” the high court had said.

However, the apex court did not agree with the findings of the high court without giving proper opportunity to Mr Brar to file an affidavit.

“We are satisfied that the high court has not been right in directing the petition to be dismissed at the threshhold by forming an opinion that the averments made in it were deficient in material facts,” the Bench observed.

Lucknow, November 2
In a Ayodhya case today, Mr Justice M.A. Khan of the Lucknow Bench of the Allahabad High Court issued notices to 21 accused against whom proceedings had been summarily dropped by the Special Court in June, 2001.

The list of accused includes BJP chief L.K. Advani, Shiv Sena supremo Bal Thackeray, senior BJP leaders Murali Manohar Joshi, Uma Bharti , Kalyan Singh, Vinay Katiyar, and sangh parivar members Giriraj Kishore, Ashok Singhal, Sadhavi Ritambara, Vishnu Hari Dalmiya, Mahant Avaidyanath, Ram Vilas Vedanti among others.

The court has ordered notices to be issued to 21 accused and has fixed December 16 for the next hearing. Along with this, the petition of Mr. Ravindranath Srivastava will also be taken up. Mr Srivastava, the then DM of Faizabad, had filed a petition for dropping of proceedings against him.

After the Babri demolition, two case were filed. While the first one was a general case of conspiracy, the second one had named eight senior leaders in the conspiracy. They were L.K. Advani, Murli Manohar Joshi, Vinay Katiyar, Uma Bharti, Giriraj Kishore, Ashok Singhal, Sadhvi Ritambara and Hari Vishnu Dalmiya.

In February, 2001, the High Court quashed orders against the accused on the grounds that while referring to crime number 198, the High Court had not been consulted. Therefore the Lucknow Bench of the Allahabad High Court cannot try cases under 198 unless proper notification is issued. Following this judgment, proceedings against the 21 persons were dropped in June, 2001.

This led to a revision petition being filed in June, 2001, by the CBI under which the High Court summoned the entire record of the trial court. Since then this revision petition was pending as despite a lapse of more than three years, the case was virtually in cold storage. Even notices had not been issued to the accused persons.

According to Babri Masjid Action Committee counsel Zafaryab Jilani, this long delay had occurred as the CBI was not pressing the court for issuing the notices.

New Delhi, November 2
Air Marshal A.K. Nagalia AVSM VM VSM has taken over the charge of the Air Officer-in-Charge Personnel of IAF at the Air Headquarters (Vayu Bhavan), New Delhi, today.

Air Marshal Nagalia was commissioned in the IAF on June 2, 1968, in the fighter stream. In his career so far he has flown 4,500 hours on various types of fighter aircraft.

He is also a qualified flying instructor who has done an instructional tenure in Iraq.

Air Marshal Nagalia is a test pilot and has served as a test pilot in various Aircraft System Testing Establishments.

He has been closely associated with the prestigious Light Combat Aircraft (LCA) project.

He is a graduate of the National Defence College and has completed the staff course from Royal Air Force Staff College, United Kingdom.

Air Marshal Nagalia was awarded the Vishisht Seva Medal in 1985, the Vayu Sena Medal (Gallantry) in 1993, and the Ati Vishisht Seva Medal in 2004.

Sribijaynagar (Sriganganagar), November 2
Acting swtiftly on the recommendation of the two-member committee constituted by the Chief Minister, the state today shifted the acting Divisional Commissioner of Bikaner Range, Mr Ramavtar Raghuvanshi, and SHOs of Gharsana and Rawla police stations.

Mr Ashwani Sharma and Mr Sarwar Ali have been appointed the new police station in charge of Rawla and Gharsana respectively.

Former SHOs Rai Singh Beniwal and Ganesh Nath Siddh have been sent to the Police Lines.

Sources said that the committee had recommended an action on other top police and administration officers, responsible directly or indirectly for the firing incident. After the shift of the two SHOs more changes of the senior officers in the district were expected in the next few days.

When this correspondent reached at Sribijaynagar, about 150 km away from the district headquarters, the administration had deployed police force besides the paramilitary force. There was an atmosphere of tension after the agitating farmers reached the town.

To press their demands, the farmers offered court arrest at Sribijaynagar police station. They also raised slogans against the government for not providing sufficient water from Indira Canal.

Shops and other commercial establishments were opened today during the relaxation in the curfew in Gharsana, Rawla, Gharsana and Anoopgarh. No case of untoward incident was reported from the district.

Meanwhile, sources in the police informed that it might take days to ease out the situation. They said the issue had been “hijacked”. With the civic body election scheduled to be held on November 24, the opposition parties were trying to encash the situation, they added.

Meanwhile, the district police has registered FIRs against the farmer leaders and the activists of the Kisan, Mazdoor, Vyapari Sangharsh Samiti, including Hetram Beniwal and Vallabh Koccher. No arrests have been made so far.

Talking to the TNS over telephone, Mr Devi Singh Bhati, the MLA from Kolayat in Bikaner district of Samajaik Nyay Party, emphasised the need to take the water problem seriously.

He said there was a need to improve the distribution system from the canal as the big wigs were drawing water “illegally”. 

New Delhi, November 2
Former Defence Minister and senior JD (U) leader George Fernandes has demanded release of a Tibetian monk who is to be “hanged” in China next month.

Mr Fernandes, who joined four Tibetan organisations in a protest demonstration, said India’s good relations with China should not be limited only to commerce but used to uphold human rights.

Addressing activists of Tibetian organisations, who demanded commutation of the death sentence against Buddhist lama Tulku Tenzin Delek Rinpoche awarded by a Chinese court, he said India should tell the Chinese government and people that “injustice” being done to the monk should be stopped. He said India was committed to good relations with its neighbours but it had also made a commitment to the cause of protection of human rights.

Tibetan organisations said death sentence against Tulku was to be executed on December 2. They said Tulku was arrested in 2002 on the charge of being involved in a series of bomb blasts in Chnedgu which killed one person and injured 12. On November 29, 2002 he was brought to Karze and two days later a local court sentenced him to death “in one sitting,” they said.

The organisations which took part in the demonstration included Tibetan Youth Congress, Tibetan Women’s Association, Gu-Chu-Sum Tibetan Ex-Political Prisoners’ Association and the National Democratic Party of Tibet.