New Delhi, March 13
As the turmoil generated over the Jharkhand issue seems to be settling down, the petition of newly appointed Chief Minister Arjun Munda will come up for further hearing tomorrow in the Supreme Court whose order advancing the trust vote in the state Assembly had raised a lot of heat in political circle over alleged ‘encroachment’ over legislature’s power by the judiciary.

While a section of political class, especially the Left parties, raised a hue and cry inside Parliament and outside. Speaker Somnath Chatterjee advocated for a Presidential reference on defining the role of judiciary and its power vis-a-vis the legislature.

However, legal experts say everyone lost sight of an important aspect that the apex court interfered in the Jharkhand matter only when it was evident that ‘prima facie a constitutional fraud’ was being committed there by inviting a leader who neither headed the largest group nor had majority support.

They say the Bench of Chief Justice R.C. Lahoti, Mr Justice Y.K. Sabharwal and Mr Justice D.M. Dharmadhikari, which had passed the order on advancing the trust vote, had not done anything new in such a situation as the court had made it clear that its direction was based on an earlier similar order for ‘composite’ trust vote in Uttar Pradesh Assembly between Jagdambika Pal and Kalyan Singh in 1999 when the then Governor Romesh Bhandari had sacked the Kalyan Singh government and installed Pal as the Chief Minister.

But no political storm was then raised by any party about the ‘judicial interference’ in the legislature’s business, experts say.

While issuing interim direction for advancing the trust vote in Jharkhand to March 11, the Bench had in its three-page order recorded that it had ‘perused the decision of this court in Jagdambika Pal vs Union of India and others (1999)’.

The court had passed the order only after coming to the conclusion that Mr Arjun Munda had made a ‘strong prima facie’ case warranting interim direction in the matter. But at the same time, it clarified that the legal question arising out of the entire issue would be considered only during the resumed hearing on March 14.

The legal questions raised in the petition by Mr Munda are, whether the Governor should select a leader of the single largest party or the single largest pre-poll alliance to be appointed as the Chief Minister; what should be the time limit for floor test by the chosen leader; and what would be the position of the post-poll alliance?.

Other questions raised by Mr Munda’s counsel pertained to Governor’s appointing the most junior MLA as the pro tem Speaker contrary to the convention — be it Parliament or state assemblies — that a senior most member has the privilege to be nominated to the post till the election of the regular Speaker.

Some other questions that might arise during the hearing are whether the pro tem speaker in Jharkhand had committed contempt of court by not holding the trust vote on March 11 as per the apex court direction due to repeated adjournment following disturbance created by the short-lived UPA ruling group.

Several senior advocates, including Fali S. Nariman and former Additional Solicitor-General C.S. Vaidyanathan are of the view that the non-implementation of the apex court order amounts to contempt of court.

Since the court has also issued notices to Jharkhand Governor Syed Sibtey Razi, ousted Chief Minister Shibu Soren, the Chief Secretary and the DGP, seeking their replies, the Monday’s hearing assumes significance in the wake of political parties’ raising storm over the court’s order.

Experts say the reaction of political parties against the court order was perhaps too early as these should have waited till Monday’s hearing and looked carefully into the legal background when the court had dealt with an identical situation in Uttar Pradesh in 1999.

Kolkata, March 13
CPM leader Jyoti Basu has charged the UPA leadership with mishandling the situation in Jharkhand and Bihar where the electorate had given a fractured mandate in the recent Assembly elections.

The veteran CPM politburo leader alleged that both UPA chairperson, Sonia Gandhi and Prime Minister, Manmohan Singh had not properly assessed the political situation in these two states which led to problems for both the UPA and Left parties, including the CPM, supporting the government from outside.

What had happened in Jharkhand and Bihar augured a bad signal for the democratic functioning of the government, observed Mr Basu.

Mr Basu accused the UPA leadership of not consulting the CPM and other Left parties before taking steps with regards to the formation of government in the two states.

New Delhi, March 13
A Madarsa teacher was arrested for allegedly receiving ammunition from Lashkar-e-Toiba (LeT) militants, who had planned to attack the Indian Military Academy in Dehra Dun.

Dilawar Khan, an Urdu teacher, was arrested yesterday from a Madarsa in Welcome Area in north-east Delhi, police sources said adding that an Imam of a prominent mosque was also detained and questioned in this regard.

Khan had received several hand grenades from the LeT militants, three of whom were killed in an encounter by the special cell of the Delhi police on March 5.

One of the grenades has been seized from him, the sources said.

The police was searching for Salim, alias doctor, who they suspect to be the key man behind the LeT module, that had planned to attack the IMA and had also surveyed software installations in Bangalore. — PTI

New Delhi, March 13
In an important order relating to matrimonial law, the Supreme Court has ruled that only the legally wedded wife and not the woman who is treated like one is entitled to get maintenance from the husband.

Even if a man treats a woman as wife, “it is really inconsequential as it is the intention of the legislature (in framing the law) which is relevant and not the attitude of the party,” a Bench comprising Justice Arijit Pasayat and Justice S.H. Kapadia said in a recent judgement dismissing the claim of a second wife for maintenance.

Savitaben Somabhai Bhatiya of Gujarat had filed a case for maintenance against her “husband” who had deserted her for his first wife in a local court. The court had held that both she and her illegitimate child were entitled to maintenance.

However, the High Court quashed the order for maintenance to the second wife on the ground that the marriage was not valid.

The apex court upheld the High Court order but expressed sympathy for the second wife saying: “The case at hand is a classic example of the inadequacies of law in protecting a woman who unwittingly entered into a relationship with a married man.” Justice Pasayat, writing the judgement, however, enhanced the maintenance given to the illegitimate child to Rs 850 per month. — PTI

Lucknow, March 13
Led by state unit President Bhiku Ram Verma 66 BSP MLAs marched to Raj Bhawan yesterday, demanding the dismissal of the Mulayam Singh Yadav government for silencing the Opposition and issuing it grave threats.

Coming exactly two days after the BJP had made a similar demand to the Governor, the BSP’s move to present a memo to the Governor, Mr T.V. Rajeswar, came following a fracas in the Vidhan Sabha earlier in the day when Chief Minister Mulayam Singh Yadav had asked the unrelenting BSP members to behave themselves or else his party was capable of giving a befitting reply.

Losing his cool the Chief Minister was seen telling the BSP members in no uncertain terms that his party members would not tolerate rowdies. “Har tarah se goondai ka jawab diya jayega” (we will respond to rowdies in every form) even as Speaker Mata Prasad Pandey could be seen making efforts to pacify the BSP members. As if waiting for their leader’s indication, the entire Treasury Bench rose and moved menacingly towards the well.

Clearly avoiding a confrontation the BSP MLAs walked out in protest boycotting the House for the day. The BJP followed suit. Leader of the Opposition Lalji Tandon was heard saying that “we want a cordial atmosphere in the House. If we remain in the House we would be forced to counter the government’s point.”

The bone of contention was the allotment of over Rs 69 crore from the higher education budget to a single private institution — Chaudhury Charan Singh Degree College at Hevra in Etawah, run by none other than the CM’s younger brother and PWD minister Shivpal Singh Yadav.

Speaking on a cut motion BJP MLA Narendra Singh Gaur referred to Chaudhury Charan Singh Degree getting such government largesse at the cost of other institutions of higher education. Taking exception to Mr Gaur’s remarks, the Chief Minister said that no one should show disrespect to the name of late Charan Singh.

Refusing to relent Mr Gaur continued his objection without referring to its name.

At this point, BSP legislature party leader Swami Prasad Maurya began making his point and refused to take his seat despite repeated requests by the Chair. What made complete pandemonium prevail and the CM threaten the BSP was Revenue Minister Ambika Chaudhury’s remarks accusing the BSP of misusing the name of Ambedkar and making money in contracts in the construction of Mayawati’s dream project, Ambedkar Park. 

Mumbai, March 13
Migrants from north India who joined the Shiv Sena in the past few years have begun to leave the party following the resignation of high-profile member of the Rajya Sabha Sanjay Nirupam.

Many of them were inducted by Mr Nirupam himself in a bid to popularise the Shiv Sena among the migrants from UP and Bihar, who account for more than 30 per cent of the city’s population.

Among the first to quit along with Mr Nirupam was Kamlesh Rai, a Corporator in the Brihanmumbai Municipal Corporation. Mr Rai had contested and won the last civic poll on the Shiv Sena ticket from a neighborhood dominated by north Indians. Another 250 activists of the party also put in their papers along with him, Mr Rai told journalists here.

New Delhi, March 13
The Government of India is not going to attach undue importance to reports of Pakistan’s offer of military assistance to Nepal and King Gyanendra’s scheduled visit to China next month.

This is largely because of the opinion in South Block here that options are fast narrowing down for the Nepal King, which leaves him little time to make new strategic alignments with Pakistan and China.

The World Bank has just suspended a $ 70 million tranche for a developmental project in Nepal, worsening the economic situation in the country.

A human rights international conference is going to be held in Geneva in a few weeks, where knives will be out for Kathmandu.

This will heighten Kathmandu’s increasing isolation in the international community which, like India, has been pressurising King Gyanendra for restoring multi-party democracy.

While the government has taken note of the reports of Beijing and Islamabad coming closer to Kathmandu, there is nothing much the King can do in this regard as it will broaden the chasm between him and New Delhi.

Analysts here believe that the King is sharp enough to realise that his political survival depends more on India (especially when New Delhi is acting in tandem with powers like the USA, UK, EU and UN) rather than China and Pakistan.

New Delhi is dealing with Kathmandu with patience because anything happening there is bound to have an impact in India as the two countries share an open 1,751-km long border.

At the same time, India is not prepared to compromise on the basic tenets of its Nepal policy: that constitutional monarchy and multi-party democracy should co-exist and a negotiated settlement be found to the Maoists’ struggle.

An important point that King Gyanendra cannot ignore is that already back-channel talks have started between political parties in Nepal and the Maoists and both are striking a common note in their assessment that monarchy should be abolished from Nepal.

If King Gyanendra, analysts believe, is to save his house from the leaping flames all around him, he cannot do this without India.

New Delhi, March 13
A Delhi-based mechanical engineer has set a Guinness World Record for getting the highest number of letters to the editor published.

Mr Subhash Chandra Agrawal has been recognised by the Guinness World Records for his 319 letters to the editor published in nearly two decades.

Mr Agrawal, who began writing letters to newspapers after a bus conductor pocketed his money for the journey without giving a ticket, has written about topics like review of Constitution, railways, television, civic problems and consumerism. He received the certificate of his achievement from the Guinness authorities last week.

According to the Guinness communication, Mr Agrawal’s achievement does not guarantee an entry into the Guinness Book of World Records, though it is a potential entry. — UNI