Patna, October 24
In what appears to be a big blow to the RJD-led Secular Democratic Alliance (SDF) in Bihar, acting CJM of Jamui R.K.Srivastava today issued non-bailable arrest warrants against Union Minister of State for Water Resources Jai Prakash Narayan Yadav and four others in connection with the “controversial” release of minister’s brother Vijay Prakash Yadav from the Kherai police station on October 18.

The four others against whom non-bailable arrest warrants were issued included RJD candidate Vijay Prakash Yadav, Officer-in-Charge of the Kherai police station Mukteswar Prasad, Independent candidate Ashok Ram and the driver of the minister’s car.

The arrest warrants followed an FIR filed by the SP of Jamui on Saturday charging the RJD minister with misusing his official power to illegally get his brother released from police custody.

DGP Ashish Ranjan Sinha said the police would abide by the court’s order.

Brother of the minister and RJD candidate Vijay Prakash had already got registered a case with the Jamui CGM against the SP for mercilessly beating him up before taking in police custody and for allegedly conspiring against him.

Independent candidate from Jamui Ashok Ram, who was with Vijay Prakash, has decided to approach the Human Rights Commission on police brutality.

RJD spokesman Sivanand Tewari claimed the minister did not misuse his official power to get his brother released from police custody on October 18 as the release was based on bail against Rs 5,000 under the provisions of Section 50 of CrPC. “Under Section 50 of the CrPC, while the police can arrest anyone without a warrant, the accused can also seek release on bail,” he said.

Showing official document on bail, he dismissed the allegation that Vijay Prakash was released on “personal bond” by the officer in charge of the Kherai police station under pressure from Jai Prakash Narayan Yadav.

Vijay Prakash was arrested by the SP of Jamui for carrying arms, cartridges, huge cash, detonators and liquor bottles on the day of the first phase of polling on October 18, along with Independent candidate Ashok Ram.

The police then took them in custody. Later, the Union Minister reached the Kherai police station and got his brother released, allegedly “illegally” at midnight.

Union Minister Sakeel Ahmed had recently came in defence of Vijay Prakash stating that the RJD candidate was carrying a “licensed weapon” and that there was no bar on anyone against carrying any amount of cash. “No one can be held guilty until the verdict of the court,” he said.

Following directives of the Election Commission, Chief Secretary G.S. Kang transferred IG (Bhagalpur) N.C. Dhandiyal and suspended Officer-in-Charge of the Kherai police station Mukteswar Prasad.

State BJP president Sushil Modi reiterated his party’s demand for the resignation of Jai Prakash Narayan Yadav from the Union Cabinet following the arrest warrant.

Sources in the RJD, however, said the party was contemplating to challenge the arrest warrant in the court.

The police was also in search of Congress candidate from Bettiah Mohammad Shameem Akhtar, who was facing arrest warrant in connection with a murder case.

Muzaffarpur, October 24
The RJD is fighting with its back to the wall here to retain the upper hand where it had won 5 out of 11 seats during the February elections.

The JD (U) had won three seats and the LJP had wrested two seats in February, with one city constituency of Muzaffarpur going to an independent, Mr Vijendra Chaudhary.

Mr Chaudhary, who had extended support to JD (U) leader Nitesh Kumar in his bid for chief ministership, is trying to retain the seat.

Mr Chaudhary is locked in a close contest as not only the Congress candidate Vinita Vijay is throwing up a stiff challenge, but even rebel candidates of the BJP and the Congress Siyasharan Prasad and Arvind Kumar Mukal are making life difficult for the independent winner of the last time.

Even the RJD has a candidate in the fray which makes a mockery of secular unity, a Congress worker Ravi Kumar said. The BSP, Samajvadi Party (SP) and other independent candidates are also trying their luck.

The role of the Samajvadi Party (SP) Yadav is intriguing as it has fielded candidates in a majority of the seats of the district and neighbouring areas.

The minority votes are going to play a decisive role as the Muslim electorate had backed Mr Chaudhary since 1990 when he contested as a Janata Dal candidate and then stood on the RJD ticket before turning an independent in the February elections. Local resident Mohammad Alam said, “We will have to think twice before casting our ballot”.

The claim of the Congress, the RJD, the CPM and NCP as defenders of secularism got exposed in Bihar, a BJP activist Krishna Sahai said pointing out to seats where these parties are contesting against each other.

The SP is trying to ensure that the Railway Minister Lalu Prasad Yadav is damaged most as majority of the candidates fielded by Mr Mulayam Singh Yadav are those who could not get tickets from the RJD, a JD (U) leader Ganesh Kumar said. In other constituencies of the district like Kanti, Sakra, Beruraj, Kurhani, Aurai Gaighati, Minapur, Bochaha and Paru, the contests are multi-cornered and the victory margins are going to be very small, a politically alert shopkeeper Arun Prakash said.

In Aurai, the SP has fielded a hard-core criminal Sanjay Shahi on the last day of filing nominations. The SP candidate is contesting from behind bars. 

Begusarai, October 24
The campaign for the second phase of the Bihar Assembly poll ended today with the electorate keeping the political parties and their leaders in suspense as no definite swing was discernible about the possible outcome of the 60 seats where ballots would be cast on Wednesday.

While the Lok Janshakti Party (LJP) of Union Minister Ramvilas Paswan has a crucial stake in the second phase of the elections if it has to play a meaningful role in the formation of the government in the state next month, even the RJD and its allies have much to gain or lose.

Out of the 60 seats that are going to poll on October 26, the LJP had won 11 seats in last poll, which is almost 40 per cent of Mr Paswan’s total electoral strength that had catapulted him to a role of a king-maker in Bihar politics, JD (U) activist Venktesh Kumar Sharma pointed out.

But after the LJP supremo’s popularly perceived “negative” role, which allegedly prevented the formation of a government in Patna and forced the state to go for a spell of the Central rule, a debate is going on whether he will remain a king-maker this time or be sent to the margins of the state politics.

In his own Lok Sabha constituency of Hajipur, which he has successively won nine times since 1977, the LJP had won three Assembly constituencies of Mahnar, Jandaha and Patepur and had to concede Hajipur town to the BJP.

The two other constituencies of Raghopur and Mahua were won by the RJD with the first one being retained by former Chief Minister Rabri Devi.

But it seems little difficult that the LJP will be able to retain all three seats as there appears to be tough contest in all constituencies with the JD (U) and the RJD giving a tough challenge.

One of the most prominent reasons for the declining appeal of the LJP is Mr Paswan’s role in government formation that annoyed the higher caste voters, particularly the Bhumihars, Rajputs and to an extent Brahmins, a teacher in local school, Mr Bhagirath Prasad Singh, said most of the leaders of these castes had switched their loyalties to the JD(U).

Bhumihars were the most aggressive and articulate supporters of Mr Paswan and they appear to have switched their loyalty to JD(U) leader Nitish Kumar, who is also the NDA’s chief ministerial candidate.

Hajipur, October 24
The Lok Janshakti Party (LJP) of Union Minister Ram Vilas Paswan has a crucial stake in the second phase of the election if it has to play a meaningful role in the formation of the next government in the state next month.

Of the 69 seats that are going to the polls on October 26, the LJP had won 14 seats in the February Assembly poll which is almost 50 per cent of the total electoral strength that had catapulted Mr Paswan to a role of a kingmaker in Bihar politics. But after the LJP supremo’s popularly perceived “negative” role which prevented formation of a government in Patna and forced the state to go for a spell of Central rule, a debate raging around across the state is focused on whether Mr Paswan will remain in the role of a kingmaker or not.

Though in his Lok Sabha constituency Hajipur, which he has successively won nine times since 1977, the LJP had won three Assembly constituencies of Mahnar, Jandaha and Patepur and had to concede Hajipur town to the BJP. The two other constituencies of Raghopur and Mahua were won by the RJD with the first one being retained by former Chief Minister Rabri Devi.

But it seems difficult this time for the LJP to retain all three seats as there appears to be tough contest. One of the most prominent reasons for the declining appeal of the LJP is Mr Paswan’s role in government formation which went on to annoy higher caste voters, particularly the Bhumihars, Rajputs and to an extent Brahmins.

Bhumihars were the most aggressive and articualte supporters of Mr Paswan and they appear to have switched loyalty to JD (U) leader Nitish Kumar, who is also the NDA’s chief ministerial candidate.

During Mr Nitesh Kumar’s three-month long “nyaya yatra” (Journey for Justice), the Bhumihars provided financial and muscle support.

A severe handicap for the LJP this time is the desertion of one of the state president of the party Narendra Singh who has gone to the JD (U). Mr Narendra Singh, a product of the JP movement, was with the RJD and was also one of the ministers in the Laloo Prasad Yadav’s Cabinet. But during the last Lok Sabha poll he had crossed over to the LJP which made Mr Paswan acceptable among the Rajputs also.

In the present Assembly election, though he is not contesting but his son Abhay Kumar Singh is fighting from the Chakai Assembly constituency. Mr Paswan’s stress this time appears to be on Muslim electorate.

New Delhi, October 24
The Supreme Court today took serious note of the Punjab State Human Rights Commission (PSHRC) holding parallel proceedings in certain cases of alleged human right violations by state police personnel while the trials were pending in the court, saying how could such a view be taken by the panel.

“In the name of human rights, you cannot hold parallel trial,” a Bench of Mr Justice Arijit Pasayat and Mr Justice Arun Kumar said. The Union Government agreed with the court that the panel “does not have power to initiate parallel proceedings in a matter already pending in the court of law”.

Observing that the action of the PSHRC virtually amounted to contempt of court, the Bench declined the plea of some of the victims in whose cases the commission had passed directions for relief, to continue its orders.

Directing the Court Registry to list the case for further hearing in the next month, the Bench said, “We feel the Punjab State Human Rights Commission is going haywire.”

The matter was taken to the court by the PSHRC itself in an appeal against the Punjab and Haryana High Court order, setting aside commission’s orders in various cases of alleged human rights violation by the police by holding parallel proceedings while trials against them were going on.

The court had earlier issued notices to the Punjab Government and several Punjab Police officials allegedly involved in the case after the PSHRC filed SLPs against the high court order.

While Punjab Government counsel Swarup Singh sought time to file an affidavit on behalf of the state, Additional Solicitor-General (ASG) Gopal Subramaniam, appearing for the Union Government, submitted a brief chart showing the points on which the Centre agreed with the high court order and where it differed with it.

The Union Government, however, made it clear that under the 1993 Human Rights Act, the state rights panels did not have the power to order “re-investigation into or cancellation” of FIRs, grant interim relief when matters were pending in the courts and set aside the orders of any quasi-judicial body and the administrative authorities.

Similarly, complaints could not be entertained by the state commissions in cases where allegations were not against public servants, the ASG submitted.

The high court had struck down the PSHRC orders mainly on the grounds that the commission had ordered re-probe, awarded compensation to victims even before final judgement by the courts, which virtually brought the panel in direct confrontation with the judiciary.

Jaipur, October 24
With the Right to Information Act coming into force, the way government officials have started getting panicky became evident when a large number of hoardings of Chief Minister Vasundhara Raje were removed by the Jaipur Development Authority (JDA). They had been installed on a massive scale hardly two months ago.

The action follows a question raised by a NGO, Kisan Mazdoor Shakti Sangthan as to the expenditure incurred on this campaign. Sources estimate that lakhs have been squandered by the JDA Commissioner on this eulogistic endeavour. There is hardly any prime point in the city where such hoardings were not put up.

The JDA Commissioner, Mr. Jagdish Chandra in his earlier capacity as CMD of the Jaipur Dairy Federation had also launched a similar campaign portraying Mrs Vasundhara Raje as the brand ambassador of its milk products popularly known as Saras. The JDA Commissioner who is considered a trusted lieutenant of the Chief Minister did not go through any procedural formalities while embarking upon these publicity campaigns, said sources.