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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Coup or planned enthronement?
Bangalore, January 19
Is the huffing and puffing and the pouted angry facade for real or is it a master cameo performance by a father who is fulfilling the desire to see his son become Chief Minister in his lifetime and save face with his secular allies? This is the million-dollar question in Bangalore.

Courts not to intervene in administrative orders
New Delhi, January 19
In a verdict that would discourage unnecessary judicial interference in every decision of the government, the Supreme Court has said there was no room for intervention of courts in an administrative order that had not violated any law and was correct on facts.

New scheme for SC, ST students
New Delhi, January 19
The Cabinet Committee on Economic Affairs (CCEA) today approved a new Central scheme to provide fellowships to SC and ST students to pursue higher studies and enhanced the corpus fund of the Maulana Azad Education Foundation to promote education among educationally weaker sections.

Technology mission to include HP, J&K
New Delhi, January 19
The Cabinet Committee on Economic Affairs today approved amendment to the centrally sponsored scheme on technology mission for the integrated development of horticulture, which would help a large number of farmers in Himachal Pradesh and Jammu and Kashmir.

Air-India flouting rules
Relaxation in flying experience for pilots
New Delhi, January 19
In flagrant violation of Civil Aviation Rules (CAR), Air-India held a training flight for instructors at Ahmedabad on January 6 for three pilots amid strong protests from seasoned aviators that this can jeoardise passenger safety and lead to disaster.

Empower girls for population control: PM
New Delhi, January 19 Prime Minister Manmohan Singh today said he was against coercion in population control programmes and favoured empowerment of girls as a main ingredient of a successful campaign.



Panun Kashmir activists protest at Jantar Mantar in New Delhi on Thursday.
Panun Kashmir activists protest at Jantar Mantar in New Delhi on Thursday. — Tribune photo by Rajeev Tyagi

EARLIER STORIES

 
Man kills father
Jamshedpur, January 19
A 50-year-old man in a Jharkhand village was allegedly murdered by his inebriated son after he refused to share ‘khaini’ (chewing tobacco) with him, the police said here today. — PTI

Return to work or face music, doctors told
Lucknow, January 19
Declaring the four-day old resident doctors strike across the state as illegal, Chief Secretary R. Ramani today gave them an ultimatum to return to work by Friday morning or else face the music.

Shahabuddin gets bail
Patna, January 19
RJD MP Mohammad Shahabuddin was today granted bail by the Patna High Court in an Arms Act case.

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Coup or planned enthronement?
Jangveer Singh
Tribune News Service

Bangalore, January 19
Is the huffing and puffing and the pouted angry facade for real or is it a master cameo performance by a father who is fulfilling the desire to see his son become Chief Minister in his lifetime and save face with his secular allies? This is the million-dollar question in Bangalore.

Mediapersons yesterday felt that Janata Dal (Secular) President and former Prime Minister H.D. Deve Gowda’s son H.D. Kumaraswamy had walked out of his father’s fold to wrest the chief ministership for himself.

Mr Deve Gowda’s remarks today sent everyone in a tizzy. The man who was furious yesterday did a turnaround today.

He said his party would stay with the Congress if his son was made Chief Minister. He went on to say he would convince his son not to go with the BJP if this was done.

This opportunistic remark led to speculation in political circles that Mr Deve Gowda might be the master player behind yesterday’s political developments. Former Finance Minister Siddharamaiah, whose expulsion from the JD(S) as well as the good performance of his party in panchayat elections was partly responsible for the present crisis, was quick to make his own inferences on the issue today.

Mr Siddharamaiah said the only ambition of Mr Deve Gowda was to make his son chief minister of the state. He said the drama was being enacted because there was an apprehension in the JD(S) that the party would not be able to come back to power in case of mid-term elections.

Political sources pointed out to the quick grooming of Mr Kumaraswamy. Mr Deve Gowda’s son first burst into the political scene in 1996 when he won in the Lok Sabha elections from Kanakapura. After the formation of this government, he took over as working president of the party and soon targeted Mr Siddharamaiah, who did not follow his line on governance.

After Mr Siddharamaiah’s expulsion, he took over a larger role in party matters, with all leaders falling in line and accepting his supremacy in the party. Taking over the chief ministership was then only a matter of time.

Mr Deve Gowda’s supporters claimed that their leader had been stumped this time and his son had taken advantage of the tough posturing and threats being made by him. They pointed out to the fact that their leader still had national aspirations and would not like to get on the wrong side of the Left, which would rule him out of the national scene in case of the emergence of a third front.

They said Mr Deve Gowda’s offer today was only a last-minute gambit to prevent the BJP from wresting power in the state. Mr Deve Gowda was brusque with the media today, asking whether it imagined that he would go with the BJP after the treatment meted out to him by the party.

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Courts not to intervene in administrative orders
Legal Correspondent

New Delhi, January 19
In a verdict that would discourage unnecessary judicial interference in every decision of the government, the Supreme Court has said there was no room for intervention of courts in an administrative order that had not violated any law and was correct on facts.

“There should be judicial restraint while making judicial review in administrative matters. Where irrelevant aspects have been eschewed from consideration and no relevant aspects has been ignored and the administrative decisions have nexus with the facts or records, there is no scope for interference,” a Bench of Mr Justice Arijit Pasayat and Mr Justice Tarun Chatterjee ruled.

Laying down guidelines for the high courts as what were the important factors to be considered by them when adjudicating the administrative decisions, the Court said three important aspects — illegality, irrationality and procedural impropriety — have to be taken into account for requiring judicial interference.

Elaborating, the Court said illegality meant that the decision maker must not have understood correctly the law that regulated his decision-making power and given effect to it in the same manner and irrationality meant that there should be no unreasonableness in the decision making.

The apex court said that the judicial interference was possible only when a the decision of a Government authority could not be legally sustained, it had exceeded its limit, there was breach of rule of law and natural justice, reached at the decision in a manner no tribunal or judicial authority would have reached and had abused its power.

The verdict came on Union Government’s appeal against the Allahabad High Court order allowing a writ petition of an Indian Air Force (IAF) flight cadet, whose training was terminated by it for his failing to come up good during training, indulging in various acts of “indiscipline” after he was given more than one opportunities. The High Court had directed the IAF to take cadet Ashish Rai back in service and let him complete the training.

Citing the High Court order, the apex court, while recording various acts of his “misconduct”, said it did not keep in view the principles governing the judicial review and acted on surmises and conjectures and had quashed the orders passed by the IAF.

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New scheme for SC, ST students
Tribune News Service

New Delhi, January 19
The Cabinet Committee on Economic Affairs (CCEA) today approved a new Central scheme to provide fellowships to SC and ST students to pursue higher studies and enhanced the corpus fund of the Maulana Azad Education Foundation to promote education among educationally weaker sections.

The scheme — Rajiv Gandhi National Fellowship — would benefit 1,333 SC students in 2005-06 and 2,666 such students in 2006-07 to pursue regular and full-time M.Phil and Ph.D courses, Information and Broadcasting Minister Priyaranjan Dasmunsi told reporters after the CCEA meeting chaired by Prime Minister Manmohan Singh.

In case of non-availability of adequate number of SC candidates, the number of fellowships not availed during a year would be carried forward to the next academic year, he said.

Similarly, the fellowship would benefit 667 ST students in 2005-06 and 1,334 such students in 2006-07.

The scheme would cover all universities and institutes recognised by the University Grants Commission (UGC) and would be implemented by the Ministry of Tribal Affairs to the ST students, he said, adding that the UGC would be the nodal agency to implement these schemes.

The maximum duration of the fellowship would be for five years.

While the expenditure under this scheme would be Rs 8.80 crore in 2005-06, it would cost the exchequer Rs 17.60 crore in the next financial year, he said.

The CCEA approved an enhancement of the corpus of the Maulana Azad Educational Foundation, set up to promote education among educationally weaker sections in general and backward minorities in particular, from Rs 70.01 crore to Rs 100 crore by releasing Rs 29.99 crore.

Mr Dasmunsi said this would enable the foundation to expand its coverage and be more effective in helping the target group.

The foundation had been implementing its schemes out of the interest earned on the corpus fund, which was its only source of income.

The foundation had been extending financial assistance for the construction and expansion of hostels and remedial and vocational training with emphasis on girl students.

Concerned at the low level of literacy among girls belonging to minority communities, the foundation had also been administering a scholarship scheme for meritorious girl students belonging to minorities.

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Technology mission to include HP, J&K
Tribune News Service

New Delhi, January 19
The Cabinet Committee on Economic Affairs today approved amendment to the centrally sponsored scheme on technology mission for the integrated development of horticulture, which would help a large number of farmers in Himachal Pradesh and Jammu and Kashmir.

The technology mission was earlier for the farmers of the Northeast and Uttaranchal.

The mission would now provides assistance for area expansion on a par with those provided under the National Horticulture Mission (NHM), Information and Broadcasting Minister Priyaranjan Dasmunsi said briefing the media after the Cabinet meeting.

The change would help a large number of farmers, entrepreneurs and exporters involved in the promotion of horticulture in the concerned states, including Jammu and Kashmir, Himachal Pradesh and Sikkim, he said.

The mission for the Northeast provides for 50 per cent assistance for area expansion not exceeding Rs 13,000 per hectare, while NHM provides for 75 per cent assistance subject to a maximum of Rs 22,500 per hectare for perennials and 50 per cent assistance subject to a maximum of Rs 15,000 a hectare for non-perennials. It also provides for the rejuvenation of senile plantations and provides for 50 per cent assistance subject to a maximum of Rs 15,000.

For pollination support through bee keeping, the mission provides for 50 per cent of the cost subject to a maximum of Rs 600 per colony with beehive, while the NHM provides for 50 per cent of the cost subject to a maximum of Rs 800 per colony of beehive.

For controlled atmospheric storage, it will give credit-linked back-ended subsidy subject to a ceiling of Rs 60 lakh.

In the cold storage area, this mission provides for 33.33 per cent of the project cost as credit-linked back-ended subsidy subject to a ceiling of Rs 60 lakh, while the NHM provides credit-linked back-ended subsidy at the rate of 25 per cent of the project cost in general areas and 33.3 per cent of the cost in hilly and tribal areas.

Similarly, assistance for protected cultivation, integrated pest management and pollination support under the technology mission will also go up according to provisions available under the NHM.

For post harvest management too, subsidies will now be available for projects under the technology mission.

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Air-India flouting rules
Relaxation in flying experience for pilots
T.R. Ramachandran
Tribune News Service

New Delhi, January 19
In flagrant violation of Civil Aviation Rules (CAR), Air-India held a training flight for instructors at Ahmedabad on January 6 for three pilots amid strong protests from seasoned aviators that this can jeoardise passenger safety and lead to disaster.

“This is the first time that pilots have been sent on training without the requisite CAR which is 1000 flying hours as commanders,” fumed authoritative sources. None of the three — Capt Amitabh Singh, Capt C M Edekar and Capt Pushpinder Singh — had even 350 hours as Pilot in Command (PIC) on the Boeing 777-200 aircraft as on October 1, 2005. The fourth pilot Capt P D Rupwate also scheduled for the training flight in Ahmedabad without fulfilling the CAR missed it being on flight duty. He is believed to have taken exception to seniority being given a go-by consistently.

Even as the senior executives of Air-India have expressed complete lack of confidence in Capt M K Hathi, Director (Operations), the carrier appears to be flouting the parameters and standards set by the overarching body for civil aviation in the country — the Directorate General of Civil Aviation (DGCA).

On the specific issue of alleged acts of omission and commission by Capt Hathi, the senior executives in charge of operations, training and safety have impressed upon Air-India CMD V Thulasidas that B-777 pilots should get 1000 hours as PIC before they commence their instructor training and not doing so would jeopardise the safety of the travelling public. However, after the requisite 500 hours they may be released as check pilots on this type of aircraft.

DGCA’s Capt R K Datta, Chief Flight Operations Inspector (CFOI), in his letter to Air-India and Capt Hathi on pilot training in respect of B-777 barely three months back rejected relaxing flying experience requirements of commanders for undergoing training as instructor/examiner after completion of 200 hours. The carrier had been urged to comply with the existing flying experience requirements as laid down in the CAR.

Capt Datta observed “It is understood that Air India has commenced training of their Commanders for approval as examiners on B-777-200 aircraft without meeting the CAR. It is clarified that any training undertaken by your commanders for approval as instructor/examiner on this type of aircraft without meeting the CAR shall not be accepted by the DGCA.” Further, Capt Datta stressed “there is no dispensation available in the CAR and Check Pilotship is a pre-requisite to being trained as instructor.”

Interestingly, Capt Hathi in responding to Capt Datta’s letter clarified that the carrier will “conform to all requirements of the CAR and submit the papers only when all requirements are met for all our instructors/examiners as the past practice, including the B-777. In the light of our discussions and our total conformance with the CAR, we are continuing with the training of four Captains as B-777 instructors and examiners. All previous correspondence on this subject matter from us may be treated as cancelled.”

This is stoutly challenged as evidenced by the letters written to the CMD of Air-India. Meanwhile, Mr Thulasidas has instituted a three-member internal inquiry into the complaints against Mr Hathi. The inquiry has been urged to submit its report early.

Mr Thulasidas had informed the senior executives that he has taken note of their letter expressing “no confidence in Director-Operations Capt M K Hathi. In the meantime I would like to advise you that you are not expected to take any step which is not in accordance with norms and propriety of how senior executives in Air-India should conduct themselves. This is a company and not a political party. However, any action taken by you which is not in accordance with the norms and propriety would be viewed seriously and appropriate action taken against you.”

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Empower girls for population control: PM

New Delhi, January 19
Prime Minister Manmohan Singh today said he was against coercion in population control programmes and favoured empowerment of girls as a main ingredient of a successful campaign.

Even in a country like China coercion has not helped much in the family planning programme, he said during a 50-minute interaction with editors from various parts of the country who had come here to attend the conference on “Social Sector Issues”. The interaction covered a number of issues ranging from population control to panchayat raj system and insurgency in the north east.

On the issue of population control, Dr Manmohan Singh said if it was possible to control infant mortality then it would also help bring down the birth rate. Because of insecurity spawned by infant mortality, people in some regions favoured more children as an insurance against any eventuality, he said.

He said the education of a girl would play a major role in containing population because she gets a mind of her own and would cease to be a reproductive machine.

To a question on the direct funding of panchayats instead of routing them through the state governments, the Prime Minister said the original plan of Rajiv Gandhi was exactly the same but the non-Congress governments had objected to such a provision, which they felt would amount to bypassing them.

Even now funds were not a constraint, he added.

On his recent visit to the Northeast, particularly Assam, and his call to insurgents for dialogue, the Prime Minister said he had appealed to anyone interested in a dialogue within the Constitution and after eschewing violence.

“I have made a call. It is for them now to respond,” he added.

To a question on criminalisation of politics, he said there should be a consensus on the issue, which would help in removing the problem. — PTI

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Return to work or face music, doctors told
Tribune News Service

Lucknow, January 19
Declaring the four-day old resident doctors strike across the state as illegal, Chief Secretary R. Ramani today gave them an ultimatum to return to work by Friday morning or else face the music.

Clearly spelling out the state’s priority, Mr Ramani said the inconvenience caused to poor patients at government-run hospitals would not be tolerated. “If the doctors do not return to work by 10 a.m. on Friday, action would be taken against them under ESMA and appropriate service rules,” he declared.

The medicos have virtually paralysed the state’s medical infrastructure when they decided to go on a lightening strike on Monday to protest against the clash with recruits of the Police Training School on Sunday night in the Nauchandi Express near Rampur.

The doctors had held up rail traffic for well over seven hours causing inconvenience to thousands of railway passengers as a mark of protest against the “disappearance” of eight of their colleagues. All the eight doctors had boarded a bus and had reached Lucknow later in the day.

Ruling out negotiations with the striking doctors, Home Secretary Alok Sinha said they would first have to give up their strike unconditionally. “This is their last chance before legal action is taken against them” warned Mr Sinha.

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Shahabuddin gets bail
Tribune News Service

Patna, January 19
RJD MP Mohammad Shahabuddin was today granted bail by the Patna High Court in an Arms Act case.

Justice Mridula Mishra granted bail to Shahabuddin in a case lodged with the Hussainganj police station in Siwan district in 2005 charging the MP with sale and purchase of illegal weapons.

Justice Mishra accepted the plea of Shahabuddin's counsel Y. V. Giri that his client had not visited Siwan for the past 2-3 years and linking him with the acts of any of his supporters was unjustified. Shahabuddin was arrested from Delhi in November last year.

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