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N A T I O N

India, Bangladesh troops exchange fire
Kolkata, August 19
In the worst confrontation on the Indo-Bangladesh frontier in recent months, border forces of the two countries today exchanged heavy fire thrice in Malda district of West Bengal, triggering tension.

Opinions page: Plan to Talibanise Bangla society?


Bangladesh blasts to impact India: Pranab
Kolkata, August 19
Expressing concern at the recent serial explosions in Bangladesh, Defence Minister Pranab Mukherjee today said this was likely to have an impact on India. — UNI

Lawyer to move ICJ over anti-Punjabi remark
New Delhi, August 19  An Indian woman lawyer plans to move the international court to expunge a “highly defamatory” remark against the Punjabi community in a 81-year-old judgement by the Lahore High Court after the Supreme Court dismissed her petition in this regard as “misconceived” and merely an attempt to hog media pubicity on an issue “burried in the law books”.

News Analysis
SC not averse to law on admissions

New Delhi, August 19
Though all political parties have raised a hue and cry over the Supreme Court judgement that state cannot enforce any quota in unaided private and minority professional institutions and pressurising the government to bring a legislation to overcome the ruling, yet the apex court is not averse to enacting a comprehensive law in this regard.

Two pro-Naxal poets arrested in AP
Hyderabad, August 19
Barely 48 hours after the Andhra Pradesh Government outlawed the CPI (Maoist) Party and its frontal organisations, the police today cracked the whip on well-known Telugu revolutionary poets, P. Varavara Rao and G. Kalyana Rao, who acted as interlocutors during the aborted peace talks, by arresting them.

Udhhav, Raj camps to work in tandem: Bal Thackeray
Mumbai, August 19
Two days after thrashing out a peace plan between his son Uddhav and nephew Raj, Shiv Sena supremo Bal Thackeray revealed details in a statement in party mouthpiece Saamna.



Bollywood star Kareena Kapoor poses after receiving the Rajiv Gandhi Award at a ceremony in Mumbai on Friday
Bollywood star Kareena Kapoor poses after receiving the Rajiv Gandhi Award at a ceremony in Mumbai on Friday. The awards, organised by the youth wing of the ruling Congress, were presented to young achievers in memory of Rajiv Gandhi. — Reuters

EARLIER STORIES
 

Modi under threat
New Delhi, August 19
The position of Gujarat Chief Minister Narendra Modi appears to be under threat as campaign of the BJP dissident leaders from the state is making an impact after an implicit assurance from the party's central leadership that their demand for the removal of the Chief Minister would be taken up after the Parliament session.

In video: Protagonists in anti-Modi drama return to Gandhinagar. (28k, 56k)

Premature to comment: Cong
New Delhi, August 19
The Congress today said it was “premature” to comment on CPM leader Harkishan Singh Surjeet’s allegation that the “so-called firebrand lady of Bengal” tried to organise mayhem in West Bengal during the 1984 anti-Sikh riots, an apparent reference to Mamata Banerjee.

CJI's views on NJC draft Bill awaited
New Delhi, August 19
Even as the Law Minister has said that response of the Chief Justice of India regarding formulation of the National Judicial Council (NJC) to look into the misconduct of judges was “good”, the CJI, Mr Justice R C Lahoti, has yet to formulate his views on it and forward his comments on the draft law to the government.

Television programme on IAF
New Delhi, August 19
The Indian Air Force and the National Geographic channel yesterday came together to announce the channel’s new India based programming initiative for 2005 ‘Nat Geo Mission Udaan’.

HC refuses to stay ban on dance bars
Mumbai, August 19
The Bombay High Court today refused to stay the Maharashtra Government’s ban on dance bars across the state. Hearing a petition filed by the Bar Owners’ Association, the court instead asked the government to file a reply on the petition and adjourned the hearing till August 29.

Joshi to head SFC


Four feared dead in copter crash 
New Delhi, August 19 
Four naval personnel were feared killed when a Kamov-28 submarine hunter helicopter with a crew of six crashed near Belgaum in Karnataka today and heavy rains and low clouds hampered search for any possible survivors. The ill-fated helicopter with six crew on board took off from Dabolim Naval airbase in Goa at 11.50 am on way to Vishakapatnam but lost contact with the ground at 12.15 pm and had presumably crashed. — PTI 

Shramjeevi blast suspect held
Lucknow, August 19
In a major breakthrough, the Government Railway Police (GRP) arrested one of the main suspects in the July 28 Shramjeevi Express blast case from Vadodara in Gujarat. — UNI


Videos
Students protest against university for delay in results.
(28k, 56k)
Dansh, a drama of psychological attrition, plotted in Mizoram. 
(28k, 56k)
Medicinal farming catching up in Indore.
(28k, 56k)
Aamir Khan's illicit relationship.
(28k, 56k)

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India, Bangladesh troops exchange fire

Kolkata, August 19
In the worst confrontation on the Indo-Bangladesh frontier in recent months, border forces of the two countries today exchanged heavy fire thrice in Malda district of West Bengal, triggering tension.

The Bangladesh Rifles (BDR) opened unprovoked fire towards India at Adampur and Muchia outposts early this morning in an attempt to prevent embankment work by the Malda district authorities in the Mahananda, around 250 metres from the border, in tune with the border agreement, the police and BSF officials said.

BSF personnel retaliated fire. Subsequently, the two forces exchanged fire twice till around 11 am, they said, adding that around 500 rounds were fired in the skirmishes.

There was no report of any casualty.

People living in border villages have been evacuated to a safe distance, officials in Malda said.

BSF Deputy Inspector General Ramesh Singh said although firing had stopped for some time, tension prevailed in the area.

He said senior BSF officials were trying to contact their BDR counterparts to sort out the dispute through dialogue.

He said the BDR firing was unprovoked and unwarranted as the embankment work was being undertaken well inside the Indian territory to check large-scale erosion by the Mahananda, which serves as a demarcating line between the two countries.

“Moreover, the work, needed urgently, is a temporary measure to check erosion,” the DIG said, adding that the Bangladesh side had no reason to object to it.

The work was disrupted due to firing, he said.

North Bengal Inspector-General of Police K.L. Meena said the work was undertaken away from the stipulated 150 yards from zero line on the Indian side. “Therefore, no objection can be raised by the BDR as far as international border rules are concerned,” he said.— PTI

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Lawyer to move ICJ over anti-Punjabi remark
Tribune News Service

New Delhi, August 19 
An Indian woman lawyer plans to move the international court to expunge a “highly defamatory” remark against the Punjabi community in a 81-year-old judgement by the Lahore High Court after the Supreme Court dismissed her petition in this regard as “misconceived” and merely an attempt to hog media publicity on an issue “burried in the law books”.

Advocate Sonia Raj Sood told reporters that she planned to “move the International Court of Justice (ICJ) to get the highly inflammatory remarks expunged from the statute books in India and Britain”.

The Lahore High Court judges, Justice Scot Smith and Justice J. J. Martineau, in their order in a murder case had characterised the entire Punjabi community as not speaking the truth even when on their deathbed and refused to believe their dying declaration as reliable evidence.

Ms Sood said, as the Indian judiciary had not expunged the remarks made by the British judges in a criminal case in 1924.

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News Analysis
SC not averse to law on admissions
S.S. Negi
Legal Correspondent

New Delhi, August 19
Though all political parties have raised a hue and cry over the Supreme Court judgement that state cannot enforce any quota in unaided private and minority professional institutions and pressurising the government to bring a legislation to overcome the ruling, yet the apex court is not averse to enacting a comprehensive law in this regard.

A careful reading of the 122-page verdict, which had only given interpretation to an earlier 11-Judge Constitution Bench judgement in the T M A Pai Foundation case, had suggested that the Union and state governments could bring suitable legislation to regulate admissions in such institutions.

“It is for the Central Government, or for the state Governments, in the absence of a Central legislation, to come out with a detailed well thoughtout legislation on the subject. Such legislation is long awaited. States must act in this direction,” the seven-judge Constitution Bench, headed by Chief Justice R C Lahoti categorically stated.

In a stern reminder to the Executive and the legislators, who had failed in their duty to bring in a suitable law all these years, the court had even gone to the extent of observing that “The Judicial wing of the state is called upon to act when the other two wings - the Legislature and Executive - do not act. Sooner the Union of India and the state governments act, the better it would be.”

This observation of the court seemed to be carefully worded in anticipation of the possible criticism of its verdict that eventually came true as all political parties spoke against the apex court order, without giving a thorough reading to it.

Since the responsibility cast upon the seven-Judge Bench was only to interpret the law as it existed today, the criticisms of the apex court by the political parties was unfair, especially when they had not bothered to pass any law in this regard all these years. Many of the private institutions, particularly in Maharasthra, Karnataka, Kerala, Tamil Nadu and Andhra Pradesh were owned by some powerful political leaders belonging to various parties.

In the absence of any legislation to regulate admissions, the apex court’s Bench had ordered constitution of Regulatory Committees, headed by a retired High Court judge in each state as ad hoc measures, which the Court in its recent verdict had upheld and asked them to function till a suitable law was enacted either by the Union Government or the states concerned.

The Bench, headed by Mr Justice Lahoti, had even stated that “certain recitals, observations and findings in the TMA Pai Foundation (verdict) are contradictory inter se and such conflict can only be resolved by a Bench of a quorum larger then the 11-Judge Bench, which had delivered it.”

“There are several questions which have remained unanswered and there are certain questions which have propped up post Pai Foundation and Islamic Academy rulings,” the court said, giving enough indication to the Executive and the Legislature to take appropriate action in the matter as was expected of them to remove all legal hurdles.

Since no statute on the issue existed at present, the court had only defined the provisions of Article 29 and 30 under which unaided minority institutions were given freedom to set up their colleges and Article 19(1)(g), which gives citizens right to carry any profession, trade and business free from any State control.

The court said under the provisions of these Articles, the government had no right to interfere in the functioning of minority and private institution in absence of any suitable statute.

The court, however, had fully acknowledged the right of the State to grant recognition to any institution by a competent authority created by law, such as the UGC, the Medical Council of India, the All India Council of Technical Education, Universities and Boards to ensure that excellence in professional institutions were maintained.

“To fulfil these objectives, the State can and rather must, in national interest step in. The education, knowledge and learning at this level possessed by individuals collectively constitutes national wealth,” the court 

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Two pro-Naxal poets arrested in AP
Ramesh Kandula
Tribune News Service

Hyderabad, August 19
Barely 48 hours after the Andhra Pradesh Government outlawed the CPI (Maoist) Party and its frontal organisations, the police today cracked the whip on well-known Telugu revolutionary poets, P. Varavara Rao and G. Kalyana Rao, who acted as interlocutors during the aborted peace talks, by arresting them.

Both the arrests were carried out in full media glare and amidst high drama. Policemen in mufti descended on Varavara Rao’s apartment at Malakpet here at 3.30 am, and took him into custody after a standoff.

Kalyana Rao was arrested later in the afternoon when he was addressing a press meet at the Press Club along with other office-bearers of Virasam, the Telugu acronym for Revolutionary Writers’ Association.

The police said both were arrested under the AP Public Security Act, which required no warrants. The ban on Maoists and its sister organisations was imposed under the same Act.

Varavara Rao was later produced in the Nampally Court, which remanded him in judicial custody till August 29.

Varavara Rao is a prominent member of the banned organisation, Virasam. Interestingly, he had yesterday that said he had quit Virasam two months ago, but still continued to sympathise with the philosophy of Virasam.

“I would not like to disassociate with Virasam during this period of adversity. If the police wants to arrest me, I am ready to go to jail,” he had said.

Kalyana Rao is the president of Virasam, who said before his arrest that it was undemocratic to clamp down on free thought.

Just a year ago, the two poets were treated as state guests by the Congress government, which wanted them to broker peace with the Maoists.

Rights organisations across the state condemned the arrests, calling these an assault on the freedom of expression of writers and thinkers. “It is illegal to arrest a member of an organisation even before the copy of the notification is sent to the office-bearers informing the ban,” Dr K. Balagopal of the Human Rights Forum remarked.

Even Chandrababu Naidu, despite his tough stand against Naxalites, spared writers, said Prof Haragopal of the Committee for Concerned Citizens, which worked hard for the dialogue between the Maoists and the government.

Union Minister and TRS leader A. Narendra said the arrests were uncalled for. The CPI also condemned the arrests.

Meanwhile, giving an indication that more arrests were in the offing, DGP Swaranjit Sen warned that even the Press would not be spared if it gave publicity to Naxalites by publishing their interviews.

“Whether it is media, or an ordinary citizen, everybody would come under the Public Security Act if they cooperate with criminals,” the DGP said.

Virasam, however, is preparing to challenge the AP Public Security Act, under which the ban was imposed.

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Udhhav, Raj camps to work in tandem: Bal Thackeray
Tribune News Service

Mumbai, August 19
Two days after thrashing out a peace plan between his son Uddhav and nephew Raj, Shiv Sena supremo Bal Thackeray revealed details in a statement in party mouthpiece Saamna.

Confirming reports emerging from the Raj Thackeray camp, the senior Thackeray said both warring cousins would henceforth arrive at decisions on the basis of consensus. Bal Thackeray also warned the supporters of both leaders not to make trouble.

‘’On Wednesday morning, Uddhav, Raj and I had a meeting. Manohar Joshi and Sanjay Raut were also there. After a general discussion, all doubts and misunderstandings were cleared,” Thackeray said. He, however, insisted that the trouble in the Shiv Sena was basically a handiwork of supporters in the respective camps of the two cousins. “Supporters from here and there should not interfere. Starting with me, all of us are Shiv Sena supporters. Henceforth no further explanations will be given,” the Sena supremo warned.

Raj Thackeray himself has reacted cautiously about the decisions taken at the family meet. He told reporters yesterday that he would wait and watch on how things shape out in the party.

Mr Thackeray also used the occasion to hit out at expelled Shiv Sena leader Narayan Rane who is now the Revenue Minister in the Vilasrao Deshmukh government.

“Rane was indulging in a poisonous campaign against Uddhav,” Mr Thackeray said.

An editorial in Saamna went on to criticise the media for dividing the party cadre on the basis of rumours.

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Modi under threat
Tribune News Service

New Delhi, August 19
The position of Gujarat Chief Minister Narendra Modi appears to be under threat as campaign of the BJP dissident leaders from the state is making an impact after an implicit assurance from the party's central leadership that their demand for the removal of the Chief Minister would be taken up after the Parliament session.

The dissidents are confident that their campaign in the past two days has made a positive impression on the party high command.

The pro-Advani party apparatus made every effort to dismiss dissident's optimism as ''inconsequential'', but informed party sources said Mr Modi was facing the toughest challenge of his political career. ''These meetings can be dismissed as inconsequential only at the peril of the party in Gujarat,'' the sources said.

The sources said Mr Advani's visit to Gujarat on August 20-21 could not be linked to the campaign by the dissidents.

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Premature to comment: Cong

New Delhi, August 19
The Congress today said it was “premature” to comment on CPM leader Harkishan Singh Surjeet’s allegation that the “so-called firebrand lady of Bengal” tried to organise mayhem in West Bengal during the 1984 anti-Sikh riots, an apparent reference to Mamata Banerjee.

“It is premature to comment. We will neither hold her guilty nor blame if an appropriate complaint is made in writing. And according to law, it should be investigated,” Congress spokesman Abhishek Singhvi told reporters here. — PTI

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CJI's views on NJC draft Bill awaited
Legal Correspondent

New Delhi, August 19
Even as the Law Minister has said that response of the Chief Justice of India regarding formulation of the National Judicial Council (NJC) to look into the misconduct of judges was “good”, the CJI, Mr Justice R C Lahoti, has yet to formulate his views on it and forward his comments on the draft law to the government.

It would take some time for the Chief Justice to formulate his views on the draft law on setting up of the NJC for inquiring into the misconduct of Supreme Court and High Court judges as the matter was “very sensitive and extremely important” from the judiciary’s point of view, sources said here today.

Law Minister H R Bharadwaj at a press conference on Wednesday had stated that the response of CJI to the proposed legislation on NJC was “good and he has discussed the proposed law with other judges”.

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Television programme on IAF
Tribune News Service

New Delhi, August 19
The Indian Air Force and the National Geographic channel yesterday came together to announce the channel’s new India based programming initiative for 2005 ‘Nat Geo Mission Udaan’.

The programme will take Indian viewers deep into the country’s Air Force. The initiative was launched by the Chief of Air Staff, Air Chief Marshal S.P. Tyagi.

“Nat Geo Mission Udaan is window into the Indian Air Force, a glimpse into the lives of a team of elite professionals who epitomise integrity, service above self, and excellence,” Air Chief Marshal Tyagi said after the launch.

On-ground selections will be held in October, in the three main cities of Delhi, Mumbai and Bangalore to give thousands of Indians a chance to be one of five people who will get a once in a lifetime opportunity of getting inside the Indian Air Force. 

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HC refuses to stay ban on dance bars
Tribune News Service

Mumbai, August 19
The Bombay High Court today refused to stay the Maharashtra Government’s ban on dance bars across the state. Hearing a petition filed by the Bar Owners’ Association, the court instead asked the government to file a reply on the petition and adjourned the hearing till August 29.

The Bombay High Court had also recently admitted a petition challenging the ban on dance bars by the Association of Hotels And Restaurants.

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Joshi to head SFC
Tribune News Service

New Delhi, August 19
Air Marshal Avinash Deodatta Joshi will assume the charge of Commander-in-Chief of the Strategic Force Command (SFC) from August 22, a post which was vacated yesterday following the appointment of Air Marshal Ajit Bhavnani as the Vice-Chief of Air Staff. This will be the third time since its inception that the SFC will be headed by an Air Force officer.

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