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SC sets deadline for cooked mid-day
meal
Now trouble from Kerala for Kanchi
Mutt
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NCM to get Constitutional
status
Bakery case norm only for rare cases, rules
SC
Another lawyer held in ‘ISI conspiracy’ case
HC Bench summons two editors
Reduce petro price hike, restore EPF rate, Left urges
govt
Padamanabaiah meets Patil on Naga
issue
Vajpayee attacks UPA on spiralling inflation
Management schools may conduct own admission tests
ASP suspended for negligence
Killing of PAC men in ambush
Panel’s opinion sought
Row over ill-treatment
of ‘baraat’
US consulate reopens in Mumbai
Prime accused in Manisha murder case arrested
Order on KV Principals
stayed
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SC sets deadline for cooked mid-day
meal
New Delhi, November 24 “We direct that every child eligible for cooked meal under the mid-day meal scheme in all states and union territories shall be provided with the said meal immediately and, in any case, not later than the month of January, 2005,” a Bench of Justice Y.K. Sabharwal and Justice S.H. Kapadia ordered recently. The court dealing with a PIL filed by the People’s Union For Civil Liberties (PUCL) made it clear that “it would not be open to the state governments or the union territories to delay the implementation of the scheme beyond January, 2005, on the ground that the necessary assistance has not been released by the Central Government.” The apex court noted with concern the poor implementation of the scheme in many states, including Uttar Pradesh, Bihar and Jharkhand, on the ground of increasing cooking cost of the mid-day meal. It said the scheme should be implemented “forthwith” and cooking costs could be claimed from the Centre later. The Bench asked the Chief Secretaries of the governments concerned to file affidavits by December 16, stating steps being taken to implement the order. The court also asked them to file an additional affidavit by the second week of January, 2005, detailing the full implementation of the direction to supply cooked meal to all eligible children. The court said the responsibility of monitoring the implementation of the scheme was essentially that of the Central Government as it was providing assistance. It directed the Centre “to file, within four weeks, an affidavit stating how it proposes to manage, monitor or evaluate the scheme so that benefit under it reaches those for whom it is meant.” The court then turned its attention to the poor implementation of the Antyodaya Anna Yojana under which the “poorest of the poor” were to be issued a red card entitling them to obtain rice and wheat at highly subsidised rates from the dealer under the Public Distribution System (PDS). The court was informed that many belonging to primitive travel groups, who were in large numbers in the states of Maharashtra, West Bengal, Jharkhand and Madhya Pradesh, have not been identified under the yojana so far. The court directed all state governments to complete the process of identification of persons eligible to be covered under this scheme and issue them red cards by the end of 2004 so as to start supply of food grains to them immediately thereafter. Noting that the dealers were not implementing the scheme properly as they were not being paid any commission for giving rice or wheat to the red card holders, the Bench directed the Centre to file an affidavit on the guidelines in that regard. — PTI |
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Now trouble from Kerala for Kanchi
Mutt
Chennai, November 24 They have postponed their visit to meet Ms Jayalalithaa since they feel insecure to visit Tamil Nadu after the arrest of the seer. Kesavan Namboodri, a second-year degree student of Sanskrit at Kancheepuram Chandrasekhara College, was allegedly electrocuted in October, 1985. Mr Naryanan Namboodri, an elder brother of the victim, has sent fax messages to Ms Jayalalithaa and Kerala Chief Minister, Oommen Chandy. The family, based in Kanhangad in Kasargod district of Kerala, hoped that the case registered at the Sivakanchi police station in Kancheepuram district of Tamil Nadu, which stated that there was suspicion over the death, would be reopened and a fresh probe ordered. The victim’s father, Mr Edamanaillath Krishnan Namboodri, suspects foul play in the death of his son and was not willing to believe that he had died due to electrocution as alleged by the Kanchi Mutt authorities. He felt: “Nothing can take place in the mutt without the consent of the mutt authorities.” Though Kesavan had died on October 1, 1985, the family received a telegram from the Kanchi Mutt on October 2, stating that he was involved in an accident. Then a second telegram informed them that the mutt authorities were bringing home the body. The family was aghast to find that the body was taken all the way from Kancheepuram to Kanhangad in Kerala, around 800 km, by road by stuffing it in the luggage compartment of a car with ice-pieces smeared over it. According to the family, there was a deep slash on the back of Kesavan’s head and blood was oozing from his mouth and private parts. There was also a burn scar on one of the thighs of the victim. They alleged that the persons who took the body to the Namboodri home left immediately telling that the post-mortem report would be given to them later but actually no post-mortem was done. Mr Krishnan Namboodri recalled having received a letter from his son a few months before his death, saying that students of the college were agitated since they had not received their monthly stipend for three months. What increased their suspicion was that the body of Kesavan’s classmate in the mutt, Sankaran Namboothiri, a native of Ramanthali near Payyannur in Kerala, was found on a railway track, a week after Kesavan Namboodri’s death. |
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Seer case: key accused retract statements, allege
torture
Chennai, November 24 Kathiravan, the key accused in the murder of Sankararaman who had allegedly hacked the victim, today told the Kacnheepuram Judicial Magistrate, Mr G. Uttamarajan, that his earlier statement was due to police torture and the police had even broken his hands. In his statement under Section 164 of the Cr P.C. to a Magistrate, Kathiravn had confessed to killing Sankararaman and had also given details of the vehicle used for the murder. The in-camera statement before the magistrate and the particulars of the vehicle were today recorded by court officials as part of the proceedings. Kathiravan alleged he was picked up on November 3 from a bus terminus in Chennai when he was returning after meeting his “boss”
Appu, a businessmen and a co-accused in the case. He alleged that the police confined him illegally till November 9 when he was produced in the court. The Shankaracharya was arrested by the police for his alleged involvement in the murder of Sankararaman from Mehboobnagar in Andhra Pradesh on the night of November 11. Kathiravan further alleged that the police first confined him in a bungalow and then after two days shifted to a hotel near Sriperumbudur where he was beaten up and forced to make a statement according to police diktats. While Kathiravan made his statement, the police immediately sought the help of the Assistant Public Prosecutor Mr Vijayaragavan who objected to the recording of the accused’s statement. However, the defence counsel Mr Kumaran said there was nothing wrong on the part of the remand prisoner making submissions before the court as the statement under Sec 164 Cr P.C. was totally different. Mr Uttamarajan then agreed with the defence counsel and said, “I have to record whatever the remand prisoner says” and asked Kathiravan to write down his statements. However, Kathiravan said he could not write because the police had broken his fingers. The other accused Rajni alias Chinna at this juncture also supported Kathiravan and said he too was tortured by the police though he was suffering from a health problem. There was murmur in the crowded court room when the two accused made their statements when they were produced for extension of their police remand. The magistrate recorded their statements himself and extended their police remand till December 8. |
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NCM to get Constitutional
status
New Delhi, November 24 This was decided at a meeting of the Union Cabinet presided over by Prime Minister Manmohan Singh, an official spokespersons said. Granting constitutional status to the commission would infuse greater confidence among the minorities about the working and effectiveness of the Minorities Commission. The meeting also decided to bring a Bill to repeal the National Commission for Minorities Act, 1992. The Union Cabinet today also decided to extend the term of the high-level committee probing the fire incident in Sabarmati Express at Godhra station in 2003 in which 59 persons were killed by three months. The Cabinet approved the proposal for extension of the probe panel beyond December 4, 2004 The official spokesperson said the extension had been sought to enable the committee to complete its “complex investigations” and finalise its report. |
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Bakery case norm only for rare cases, rules
SC
New Delhi This ruling was given by a Bench comprising Mr Justice Y.K. Sabharwal and Mr Justice D.M. Dharmadhikari while dealing with an appeal filed by accused persons in an abetment-to-suicide case challenging an order of the Calcutta High Court directing fresh trial against them after their acquittal by the trial court. When complainant in the case argued for fresh recording of evidence citing the ruling of the apex court in the Best Bakery case, the Bench rejected it saying that the riot case was an extraordinary case in which this court was convinced that the entire prosecution machinery was trying to shield the accused. “The law laid down in the “Best Bakery case” in the aforesaid extraordinary circumstances, cannot be appplied to all cases against the established principles of criminal jurisprudence. Directions for retrial should not be made in all or every case where the acquittal of accused is for want of adequate or reliable evidence,” the Bench said. —
PTI
Best Bakery case witness told to leave
courtroom
Mumbai, November 24 Defence advocate D.S. Jambolkar, during his cross-examination, prayed to the court that he be allowed to exhibit a copy of the legal notice served by Sheikh’s first wife, Yasmin. The latter had identified 11 of the accused in the case. The notice stated that Yasmin was staying separately and had asked Nafitullah to take her back within 15 days failing which she would take legal action. The advocate claimed that Yasmin had falsely deposed before the court as she had not been residing with Nafitullah in the ill-fated Best Bakery premises at the time of the incident on March 1, 2002. Nafitullah, in his cross-examination, told the court that in July 2001, Yasmin had served a legal notice, received by his father, who had suffered a heart attack and died after listening to its contents. He further said that because of his father’s death, he had decided not to take back Yasmin. When the contents of the legal notice were being discussed, he was asked to leave the court premises as the legal notice was not produced as an exhibit in the court. Meanwhile, Nafitullah reiterated today that due to smoke, he had not been able to see the miscreants who had set the bakery on fire on that fateful day. He said that at the time of the incident, he was on the terrace of the bakery. During the cross-examination by another defence advocate Vinayak Bicchu, the witness said that he was not aware that social activist Teesta Setalvad was providing money and foodgrains to his family. He also said that Mr Setalvad and Rals Khan had asked him to falsely depose before the court and identify the accused persons. He said that both of them had told him that they would provide the photographs of the accused persons prior to his deposition in the court. Meanwhile, Ms Yasmin Shaikh today deposed once again before the special court. During her cross-examination by defence advocate Adik Shirodkar, she denied she had ever signed a statement recorded by the Joint Commissioner of Police (Vadodara) and the Assistant Commissioner of Police (Vadodara) on September 27, 2003. The cross-examination was incomplete after the defence moved an application to call for original papers containing the statement of Ms Yasmin. —
UNI |
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Another lawyer held in ‘ISI conspiracy’ case
Ahmedabad, November 24 Mohammed Ali Shaikh, accused of conniving with gangsters wanted in POTA cases and helping terrorist activities in the state, was arrested after he surrendered in the POTA court, taking the total number of lawyers arrested in the case in the past three days to three. After over five hours of hearing at her residence, POTA Judge Sonia Gokani had earlier in the day remanded advocate Mustaq Sayed for three-days. Senior advocate H.N. Zhala was remanded in judicial custody. Both of them were arrested on Monday for their alleged involvement in the case. However, 76-year-old Zhala was later shifted to the UN Mehta Cardiology Hospital after he complained of chest pain. Several advocates thronged the court premises during the proceedings held amidst tight security with no one, except the prosecution and the defendants, being allowed inside the magistrate’s house. Crime branch sleuths suspect that more advocates might be part of a land deal involving notorious gangster Sarif Khan, allegedly based in Pakistan and wanted in several POTA cases here. The crime branch also claimed to have seized two imported pistols and cartridges from the house of Mushtaq besides a land deal agreement in the name of Zhala. The police also claimed to have tapped telephonic conversation between the advocates and the gangster about the land deal. —
PTI |
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HC Bench summons two editors
Kolkata, November 24 Both Editors were present before the Division Bench comprising Mr Justice Altamas Kabir and Mr Justice Ashit Kumar Bishi along with their lawyers but could not get an opportunity to defend themselves since the court was adjourned after hearing the State Advocate-General, Balai Roy, appearing on behalf of the minister. The next date of hearing is December 2. According to the allegation made by minister Ashok Bhattacharjee (in charge of the Municipal and Metropolitan Departments), he had been quoted having made some disparaging remarks on the behaviour of the Judges at Calcutta High Court published in these two newspapers, which the minister had never made, the Advocate-General told the Division Bench while pleading on behalf of the minister. A letter was also produced in the court by the minister’s Secretary, clarifying the minister’s view. The bench, however, was not satisfied. Mr Justice Kabir advised that the minister should file an affidavit in the court clarifying his stand so that his statements could be taken into consideration. A demand was also made that the minister be summoned to the court like the Editors to justify his stand, which the court rejected. |
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Reduce petro price hike, restore EPF rate, Left urges
govt
New Delhi, November 24 Participating in the fourth UPA Government-Left coordination committee meeting, the Left parties also made a case for the review of certain provisions of the Electricity Act, the proposed amendments to the Patents Act and the restoration of 9.5 per cent interest rate on EPF. The meeting of the UPA-Left coordination committee was attended by Prime Minister Manmohan Singh, UPA Chairperson Sonia Gandhi, Finance Minister P.Chidambaram, Left leaders Harkishen Singh Surjeet, Sitaram Yechury, A.B. Bardhan, D. Raja and Abani Roy. Both sides explained their respective positions on the issues under discussion. The Left leaders wanted the government to cut customs duties on petro goods in order to reduce prices, but the government referred to the spiralling international prices of crude oil and the growing fiscal deficit. Nevertheless, the UPA government indicated its intention to review its decision. Consequently, Mr Yechury and Mr Chidambaram, who briefed the press later, stuck a positive note, stating that appropriate decisions would be taken by the “appropriate committees of the Cabinet.” Mr Chidambaram maintained the government had taken note of the Left’s demands on EPF, oil prices and patents Bill, among other things. He said the government was also prepared to consider their demand for the restoration of 9.5 interest rate on EPF. ‘‘We have taken note of this demand as well and a decision will be taken,’’ he added. Regarding the amendments to the patents Bill, Mr Yechury said they feared that prices of drugs might soar once the new product patent regime comes into force from January, 2005. “We have asked the government to safeguard national interest and peoples’ interest,” he added. As for pension reforms, the Finance Minister said the Cabinet had already decided to set up a separate regulator for the sector and a Bill to this effect would be brought in the coming session of Parliament. Referring to reports about the Centre’s move to bring in an ordinance to grant Central university affiliation to minority educational institutions, Mr Yechury said the government had informed the Left parties that there would be no ordinance promulgated and that the matter would be debated first in Parliament. Responding to a question about differences between the government and the Left parties, Mr Yechury maintained these were now mainly on FDI in Telecom and Insurance. There was, however, no discussion on the FDI in the telecom sector. In reply to a specific query on this issue, the Finance Minister said, ‘‘We have completed the process of dialogue in this regard. A decision will be taken by the appropriate authority.’’
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Padamanabaiah meets Patil on Naga
issue
New Delhi, November 24 During his 30-minute meeting with the Home Minister, Mr Padmanabaiah is understood to have briefed Mr Patil about the latest position on the Naga peace process. When contacted, Mr Padmanabaiah regretted that despite the Centre’s clarification that there is no question of encouraging other Naga groups, the NSCN (I-M) leadership is still apprehensive. Asked whether the NSCN(I-M) leadership has postponed their visit to India, Mr Padmanabaiah merely “we are yet to receive confirmation about their visit.” He, however, hoped that the peace process will continue. Mr Padmanabaiah in a statement last week had said that “the government would like to assure NSCN(I-M) General Secretary Thuingaleng Muivah that there is no question of encouraging other Naga groups when the talks are only with the NSCN(I-M) and these also are at delicate stage.” His statement came after reports quoting the NSCN(I-M) leadership’s annoyance over the Centre’s policy to prompt “discredited” organisations like the Naga National Council (NNC) or about their procurement of weapons.” |
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Vajpayee attacks UPA on spiralling inflation
Ranchi, November 24 Addressing a rally here, Mr Vajpayee made a scathing attack on the Congress-led government at the Centre for the unprecedented rise in petrol and diesel prices which has burdened the common man. "We (NDA Government) did not allow the prices to rise unchecked and we did not indulge in theatrics. Following the war in Iraq, we took the people into confidence," he said. Claiming that the feeling of insecurity in the country was on the rise with increasing incidents of crime and abduction for ransom, he advised the youth to shun the path of violence and join the democratic process and contest elections. In an obvious attack on the Congress government in Andhra
Pradesh for holding talks with Naxalite groups, he said: "Are they coming for talks or to fire bullets. It was wrong on the part of the Congress to accept their conditions as it will encourage terrorists and have negative consequences." The former Prime Minister said: "No revolution can be achieved nor any social system be changed with sporadic incidents of violence." With an eye on the coming assembly elections, Mr Vajpayee reminded the people of the NDA Government's role in the state's formation and promised to make it one of the most advanced states if re-elected. "We took the decision to form a separate state. It was Mr Advani as Home Minister who took the initiative in this regard. It was very difficult to carve out a state without any bloodshed or violence," Mr Vajpayee said addressing a mammoth rally at Morabadi Maidan here ahead of the party's National Executive meeting. "The work we have done is before you. Make up your mind. Don't allow the votes to be split. Give us a mandate based on our programme," Mr Vajpayee appealed at Mr Vajpayee also heaped lavish praise on Advani, crediting him with reducing incidents of violence, communal tension and terrorism. "As Home Minister, he reminded us of Sardar Patel. He has taken over the reign of the party and we want him to succeed in spreading its influence across the country," he said.
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Management schools may conduct own admission tests
New Delhi, November 24 The announcement by the Human Resource Development Ministry did not disclose the methodology to be used in ensuring that those terms were complied with. Management schools were the latest to be allowed such facility, granted last month for engineering courses offered by the Central or Deemed Universities. This was the government’s ‘‘new policy regarding entrance tests for admission to all professional educational institutions,’’ the announcement said. It was mandatory for such institutions as the National Institutes of Technology, the Indian Institutes of Information Technology and other Central Government institutes to admit students through all-India Engineering Entrance Examination conducted by the Central Board of Secondary Education. Recalling the option it gave Central or Deemed universities— allowing an institution to draw on common entrance tests or conduct its own, the Ministry said it was in conformity with the policy to respect the educational institutions’ autonomy. A similar decision had now been taken in respect of business management or postgraduate management diploma and equivalent programmes conducted by the Indian Institutes of Management and the Indian Institutes of Technology, it said. This was ‘‘subject to the condition that these tests shall be conducted independently and are transparent,’’ the announcement emphasised, without specifying any monitoring modalities. All specified Central institutions admitting students nationwide must opt for one of these examinations, the statement said. The states which run similar courses would also have the option to participate in these tests. — UNI |
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ASP suspended for negligence
Killing of PAC men in ambush
Lucknow, November 24 The decision was taken on the basis of an interim report submitted by DGP VKB Nair after making an on-the-spot assessment of the situation, stated Home Secretary Alok Sinha. Though Mr Pushkar had been posted in the area for almost a year, he had reportedly not worked out a strategy nor did he take any action to tackle the problem of Naxal activities culminating in the landmine killing 15 police personnel. Immediately after the incident Pushkar was posted to Lucknow after jawans of the 36th battalion of the PAC misbehaved with him. Policemen from this battalion had been killed in the ambush. It also led to the replacement of the PAC batalian, by that of the CRPF. According to sources, Mr Pushkar along with some PAC and CRPF jawans was on patrol near Chandraprabha dam when the PAC men saw some armed persons moving suspiciously at some distance. Mr Pushkar stopped them when they tried to move towards them. This led to a minor scuffle and the CRPF had to intervene to restore peace. Anger against Mr Pushkar amongst the PAC had been brewing as there is a perception amongst them that the two patrol jeeps carrying his men had crossed the ill-fated culvert in the jungle of Naugarh and did not even stop to help the survivors after the ambush. |
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Panel’s opinion sought
New Delhi, November 24 Speaking to mediapersons after a meeting on the proposed Bill, which was attended by prominent minority community leaders, members of the commission and representatives of the Law and the Home Ministry, NCM Chairman Tarlochan Singh said the exercise would help suggest suitable amendments to the draft while still in the formative stage. The members, he said, had recommended a firm Central law with clauses which would be automatically implemented by states so that officials did not have to wait for orders when such situations arise. Besides this, they also called for the revision of discretionary powers of local officials to ensure effective and immediate control and urged for clauses which eliminate the influence of politicians over the police. Several members said present laws were clearly not sufficient as often delays were caused due to long judicial proceedings which resulted in culprits going scot-free and witnesses retracting statements. They called for clauses which ensured specific time frame with limits being set for when the Army has to be called, besides setting up of fast-track courts with witnesses recording their first However, some members also opined that present laws, if implemented properly, were sufficient. |
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Row over ill-treatment
of ‘baraat’
Dehra Dun, November 24 Meanwhile, the Opposition staged protests over the incident and burnt an effigy of the Chief Minister. The BSP has demanded the suspension of the District Magistrate and the SP of Pitthoragarh. The BJP constituted a two-member team to investigate the matter. The party has also demanded a magisterial inquiry into the matter. The police has held seven persons in this connection. |
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US consulate reopens in Mumbai
Mumbai, November 24 According to a spokesperson of the US Consulate, all departments of the two premises were functioning normally today. Employees said they turned up for work after being asked to do so by their bosses. Earlier on Monday evening, they were asked not to report for work on the following day. There were normal queues outside the Consulate where visa seekers usually turn up. Security was, however, tight with police commandos stationed outside both buildings. While the Consulate is located in residential Breach Candy in South Mumbai, the American Centre is just outside the Churchgate railway station. |
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Prime accused in Manisha murder case arrested
Dehra Dun, November 24 Jagdish Singh said the police had been tipped off a number of times that liquor was smuggled in Sanjiv Chauhan’s car and he always had his wife along. That day we signalled to him to stop many times but he did not till we missed him in the chase and later we learnt that his wife was lying dead in the hospital”, he said. |
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Order on KV Principals
stayed
Chennai, November 24 Giving the interim order on an application filed by an affected principal Thresiamma J. Thomas of the school located at Air Force Station, Avadi, a CAT Bench, comprising its Vice-chairman Justice Sathi Nayar and Administrative Member Santappa, issued notice to the Kendriya Vidalaya Sangathan (KVS), returnable in two weeks, and posted the matter for hearing on December 7. The HRD Ministry had cancelled the appointments made by BJP-led NDA government in May 2002 on the ground that they were in violation of rules and constitutional provisions on equality and opportunity. —
PTI |
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