New Delhi, October 22
The Supreme Court today held that High Courts could not interfere with the judicial functions of subordinate courts as its independence ‘’is of paramount importance’’.

A bench of Mr Justice K G Balakrishnan and Mr A R Lakshmanan handed down the ruling while defining powers of superintendence given to the High Court under Articles 227 and 235 of the Constitution.

The ruling came in response to an appeal by Jasbir Singh whose bail application was first dismissed and later allowed by the Punjab (Nabha) Sessions Court.

On April, 2003, the administrative Judge of Punjab and Haryana High Court visited the Nabha jail during an annual inspection and the appellant, who was in the jail for offences of criminal conspiracy, and forgery, gave the visiting Judge an application for his bail.

The Judge directed the Sessions Judge, Fatehpur Sahib, to enlarge the accused on bail after looking into the bail application.

On May 5, 2003, the Sessions Judge rejected the bail application. However, after the order of the inspecting Judge was brought to his notice, he granted him bail the next day.

The report submitted by the Chief Justice of the Punjab and Haryana High Court indicated that receiving applications from inmates for grant of bail had become a routine. “In some cases, the Inspecting Judge would himself grant bail while in others, he directs lower courts to enlarge the applicant on bail.

The Chief Justice categorically denied having given such jurisdiction to any of the Judges during their inspection to jails.

Clarifying the ambit of powers given to the High Courts over the subordinate courts in their respective states, the Chief Justice said, “The power of superintendence over the subordinate courts and tribunals is given to the High Court under Article 227 of the Constitution. So also under Article 235 of the Constitution, the High Courts exercise control over all district courts and courts subordinate thereto on all matters relating to postings, promotions and grant of leave to officers belonging to the state judiciary.’’

“However, such power of superintendence does not imply,” he said, adding “the extraordinary power under Article 227 can only be used by the High Courts to ensure that the subordinate courts function within the limits of their authority.”

The apex court also said, ‘’In the course of Inspection, a High Court Judge cannot pass any order on interim applications such as bail petitions or transfer applications or applications for interim injunction, howsoever justified they may be.”

However, the inspecting Judges would be at liberty to receive complaints or petitions in the course of inspection so as to bring the same to the notice of the appropriate court or to the registry of the High Court. — UNI

New Delhi, October 22
With the temperature in the Capital on the decrease over the past few days and high post Divali air pollution, dengue has started showing signs of abatement in Delhi.

During the past 24 hours, ending at 10 am this morning, 56 fresh cases were reported in the Capital compared to 92 reported in the same time period yesterday. On Friday morning, 88 cases were reported in Delhi.

The total number of dengue patients in Delhi now stands at 2,051 of which 1,298 are from the Capital alone, MCD officials said.

Doctors said the outbreak had started to “decline” and it would take about seven to 10 days for the viral disease to fully subside.

In Delhi, dengue has so far claimed 41 lives.

In All India Institute of Medical Sciences (AIIMS), which faced the dengue deluge, 22 more dengue patients were admitted in the past 24 hours till 10 am this morning and 39 were discharged.

The special dengue ward had 179 patients under treatment, AIIMS Medical Superintendent Dr D.K. Sharma said.

He said at present 60 suspected dengue patients were under observation in the institute today. Yesterday morning, the suspected cases were double the number -120 - in the institute.

''The numbers are on the decline. The number of fresh cases is 22 today compared to yesterday's 59 patients and 36 on Friday,'' he pointed out.

“Gradually the viral disease will decline. One or two odd cases will still happen but it will not be an outbreak then. The weather is not conducive for the aedes mosquitoes to breed,” he added.

No deaths were reported from the hospital in the past 24 hours, Dr Sharma said.

More than 22,000 patients had been screened at the AIIMS emergency OPD since October 3, doctors said.

In Delhi, Central Zone, Shahdara (N) and Najafgarh are the worst hit by dengue. 
— UNI

New Delhi, October 22
The Central Vigilance Commission (CVC) has directed different government organisations to take action against 106 officers, including those of the Central Board of Excise and Customs, public sector banks and Airports Authority of India, for their alleged involvement in various offences.

Based on investigation reports submitted by the CBI and Chief Vigilance Officers, the commission has asked authorities to initiate “major penalty proceedings” against the officials involved in 112 different cases.

The officers include 18 from Central Board of Excise and Customs, 14 from Municipal Corporation of Delhi, nine of insurance companies, seven from Delhi Development Authority, five each from public sector banks and Bureau of Indian Standards, four each from AAI and Steel Authority of India besides others, a CVC release said.

In 57 other cases, the commission advised authorities to take action against 58 officials involved in different illegalities.

Those against whom action was recommended include 14 officers of BSNL, seven of public sector banks, five of insurance companies, three each of railways ministry, besides others.

In September, the commission disposed of 395 cases referred to it for advice. Besides, investigations by the commission’s CTE unit resulted in recoveries to the tune of Rs 34 lakh during the month, the CVC said.

New Delhi, October 22
The main Opposition BJP today stepped up its pressure on the Centre to call a special session of Parliament over the sealing crisis, saying its activists would gherao the Nirman Bhawan housing the Union Urban Development ministry if it was not convened before the resumption of the court-ordered drives from November 1.

Senior BJP leader Vijay Kumar Malhotra also warned that his party would move a privilege motion against Union Urban Development Minister S Jaipal Reddy if he did not keep the promise made in this regard in the last session of Parliament.

“Our party has already planned demonstration outside the Delhi Assembly when it assembles for a session. The BJP activists and traders will be forced to gherao the Nirman Bhawan if the government do not call for an immediate session of Parliament to bring about a constitutional amendment as promised by Mr Reddy to end the crisis over the sealing drives,” Mr Malhotra said.

Ministry sources admit that there are limited options before the government to cease the MCD drives that sparked widespread protest by storeowners facing municipal action.

“With no relief in place by the court on sealing drives, the option to place the Delhi Laws (special provisions) Act beyond the purview of judicial scrutiny is one of the very few solutions left to address the problem,” the sources said.

Such a move requires convening of Parliament to place the law under Schedule 9 of the Constitution. — PTI 

Mau, October 22
Going by the banners and posters visible all over this riot-marred city, Triveni Prasad, the BJP candidate for the post of chairman in the Nagar Palika elections, is way ahead of his rivals. He is one of the 15 accused in the gang rape of a woman and her teenaged daughter during the riots. The police, however, claim that he has not been arrested even after a year of the incident as the proof is still being collected to confirm his address.

Handing over the case to the CBI, the Allahabad High Court in its order of 21 September 21, 2006, had declared, “In these circumstances, it is not possible to expect a fair and impartial investigation by the present prosecuting agency and it is necessary in the ends of justice that the matter be entrusted to a more responsible and independent agency so that justice may not be scuttled”.

On October 16, a two-member CBI team comprising of a Deputy Superintendent of Police and an Inspector were in the city on a preliminary visit. Speaking to this reporter CO (City) Vinod Kumar Pandey confirmed that the CBI team had collected photocopies of all the documents relating to the case as well as the case diary. As the present SP Ashutosh Kumar was in Lucknow on official duty, Pandey was officiating and in-charge of liaison with the CBI.

Visibly relieved at not having to explain the questionable role of the district police in the case any longer, Pandey was quick to inform that now the case is with the CBI and no one is investigating it from their side any more.

Looking at the sequence of events it is clear that the district police tried to show some action on its part, at least on paper after September 21 when the indicting High Court order came.

On September 29, the police issued orders for the attachment of the properties of 10 of the 15 accused named in the FIR filed by the 15-year-old rape victim.

Those whose property was to be attached are Chhotey Lal, Manoj, Ram Prasad, Om Chandra, Ram Chandra, Rajesh (driver), Kedar, Khadthu a flourmill owner, Prahlad, who installs pumping machines and Nagal who runs a tea shop.

CO Pandey points out the preoccupation of the police with Dussehra, Durga Puja and the Bharat Milap as the cause of the police not being able to proceed in attaching the properties during the intervening 17 days before the case was finally handed over to the CBI.

According to the police records, two of the accused — Sudarshan and Rabhunath Chauhan — are already in jail. Sudarshan who was reportedly arrested during the riots was charge sheeted on May 9, 2006. The police claim that the other accused surrendered and was chargesheeted on August 8.

Now the piece de resistance. The police record shows that three of the remaining 15 accused described as Triveni Sunar of Munshipura, Budh Ram and Dr Pintoo Kumar r/o Navapura Ali Nagar who runs a doctor’s shop are nowhere to be found as their names and addresses cannot be confirmed.

When reminded that the man was contesting the local body election on the symbol of a national political party, the police clarifies that there is a slight discrepancy in the name. While the FIR names him as Triveni Sunar his name is actually Triveni Prasad, the local police maintain.

The fact that Triveni Prasad belongs to a family of ‘sunars’ — traditionally engaged in the goldsmith business — and very much resides in Munshipura locality mentioned in the FIR, elicit silence from the police.

The case has been shuffled between four investigating officers and three SPs during the past one year before it was finally handed over to the CBI this week. This has ensured that no single police official is familiar with all the facts of the case.

Speaking off the record, a senior district officer confesses that the no progress has been made in the case for fear of recurrence of communal violence. According to this officer, when the college-going son of Triveni Prasad was murdered on August 3 this year, allegedly on the orders of his girlfriend’s brother, the city once again started burning as the BJP fanned the flames by projecting it as a political murder.

The officer admitted, “Maintaining law and order was the district administration’s first priority. And that is exactly what the force has been doing for the past one year. Why single out this case, none of the cases registered after the riots have made much progress for fear of disturbing the communally volatile atmosphere”.

However, Munna Dubey, BJP district vice-president, and Triveni Prasad’s election manager, flatly denies both the charges leveled against his candidate. “Triveni Prasad’s son was murdered for political reasons. This has brought him immense sympathy which is helping us in the election”.

Dismissing the charge of gang rape against the BJP candidate, Dubey maintains, “It is nothing new for people to fabricate such baseless charges against their political opponents”.

Substantiating his stand, Dubey asserts that if the charges had been serious the police would have come to investigate. “Till now the police has not come even once to enquire into the case”, he claimed, virtually confirming the Allahabad High Court’s apprehension.

New Delhi, October 22
A court here has framed charges against former Union Minister of State for Health and Family Welfare Rasheed Masood and two senior government officials for alleged irregularities in allocating MBBS seats to private persons in 1990-91.

Special Judge Sunil Gaur took cognisance of the chargesheet filed by the Special branch of the CBI last week and framed charges against Masood, Gurdial Singh, former resident Commissioner of the Tripura government and senior officer Sachidanand Dwivedi of Gandhinagar, Lucknow.

The court framed charges against them under sections 120-B (criminal conspiracy), 420 (cheating), 468 (breach of trust) and 471 (conspiracy for cheating) of the Indian Penal Code on the order of the Guwahati High Court in Assam.

The CBI alleged that a deputy secretary in the Union Health Ministry wrote a letter addressed to the secretary for allocating three additional MBBS seats for 1990-91 to the Tripura government, the charge sheet said.

A letter was also endorsed to the Resident Commissioner of the Tripura government, requesting him to inform about the additional allocation of seats in some medical colleges.

Gurdial Singh, in his then capacity as Resident Commissioner allegedly signed nomination letters without any authority on December 7, 1990, in favour of three students being admitted to MBBS courses in some colleges.

Gurdial Singh was allegedly involved with some other officials in the health ministry to make illegal gain and defame the Tripura government, the CBI alleged in its charge sheet.

However, on August 24, 1994, the Central government made it clear that the health ministry had never been issued any such letter and claimed that the letters were fake.

"Keeping in view the facts and circumstances of the case, the contentions raised by the accused persons can be well appreciated only after the evidence is led by the parties," the Judge said in his order.

"However, at present, on the basis of the material placed before me, a strong prima-facie case is made out against all the accused persons." — PTI 

New Delhi, October 22
Mr Vipin Malik, a noted chartered accountant and tax consultant, has joined the Jan Morcha led by former Prime Minister V. P. Singh and Mr Raj Babbar.

After his joining the Jan Morcha, Mr Malik said he was joining politics to serve the country’s poor people. A meeting held at the residence of Mr V. P. Singh here on Thursday discussed the political situation in Uttar Pradesh. The participants were critical of the way the Mulayam Singh Yadav government had been imposing Section 144 to harass people coming to hear Mr V.P. Singh and Mr Raj Babbar who were touring different parts in the state.

He said the state government functionaries were also booking certain guest houses to ensure that they were not available to the former Prime Minister and Mr Babbar during their campaign. This was being deliberately done by the Mulayam Singh government to shut out thousands of people from attending the meetings being addressed by Mr Raj Babbar.

Mr Raj Babbar, who has been touring the Bundelkhand region, said the law and order situation in the area had been deteriorating and even court strictures were not being respected.

Mr V. P. Singh and Mr Raj Babbar declared that once the Jan Morcha was voted to power in Uttar Pradesh, they would fix Re.1 per kg as price of wheat for people living below poverty line and those covered by the Antyodaya Anna Yojna category.

New Delhi, October 22
As the November 1 deadline for the resumption of sealing is fast approaching, Delhi traders today decided to intensify their struggle against the court-ordered drive by organising a dharna here tomorrow.

The traders, who met President A.P.J. Abdul Kalam, former Prime Minister A.B. Vajpayee, Chief Minister Sheila Dikshit and BJP chief Rajnath Singh yesterday seeking support, have decided to observe a ‘Traders-Employees Awareness Week’.

According to Mr Praveen Khandelwal, Secretary General, Confederation of All-India Traders, the protest will be held at Jantar Mantar tomorrow.

As per the programme, traders’ bodies will meet their MPs and MLAs tomorrow and on Tuesday. On October 26, traders along with their elected representatives will meet Union Urban Development Minister S. Jaipal Reddy.

Another dharna is scheduled for October 26 when students of computer training centres will stage a protest at Jantar Mantar. The traders of the walled city will make a human chain from Red Fort to Lahori Gate on the same day.

In their 10-minute interaction with President Kalam yesterday, a five-member delegation led by Mr Khandelwal apprised him about the “humanitarian angle” of the situation where they are asked to close shops without being provided alternate space.

“We have urged the President to intervene in the matter since it has a vital bearing on about 70 lakh people of Delhi,” Mr Khandelwal said adding Mr Vajpayee has assured them that he would take up the issue with Prime Minister Manmohan Singh. He said Ms Dikshit had told them that she had taken up the matter with Union Home Minister Shivraj Patil in the past two days. — PTI

New Delhi, October 22
The Central Information Commissioner has ruled out penalty against Shri Guru Harkishan Sahib Eye Hospital, Sohana, Mohali, as the information sought by the complainant had been provided.

“Since the information sought have been furnished immediately after the inquiry has been completed, there is no scope to impose any penalty on the CPIO,” Padma Balasubramanian, Information Commissioner ruled.

She, however, directed the Medical Council of India to supply the copies of certain documents sought by complainant Farangi Lal Muteja, Abohar, Punjab.

In his complaint, Muteja had alleged that due to the negligence by Dr Gurmeet Singh Mangat, former Medical Superintendent (Eye Surgeon) and present at the Indo-American Eye Care Centre, during the cataract surgery on his left eye, he had lost his vision.

He had lodged a complaint to the MCI to take appropriate action against the surgeon and had sought various documents.

The ethics committee of the MCI had heard the case. While the surgeon appeared, the complainant expressed his inability to attend and sought for furnishing the information as he had sought.

After hearing the surgeon and taking experts’ opinion, the Ethics Committee came to the conclusion that “no act of negligence could be substantiated against the surgeon.”

The complainant was furnished with all relevant documents after the completion of inquiry. However, Muteja sought penalty for the delay of about 10 months.

Khandwa (MP), October 22
Ruling BJP legislator and former minister Kishorilal Verma and his wife were killed by an acquaintance in this district's Khedighat area yesterday , the police said.

Pandhana MLA Kishorilal Verma and his wife Meena, who were about to take a ritual ‘amavasya’ bath at Khedighat, died on the spot after their throats were slit by Chandu, who earlier worked in Verma's factory.

Chandu, a resident of this district's Ahmedpur Khaigaon, was later arrested. He had a monetary dispute with the legislator.

Senior police officers reached the spot and Verma's driver Bhagwan was also arrested.

Verma, who represented the Scheduled Castes community, had served as Minister of State for School Education in the Sunderlal Patwa government. — UNI

Imphal, October 22
Dhanamanjuri College (DM) and Imphal College in the city were burnt down on Friday night by miscreants suspected to be students.

Students here were on a stir demanding regular classes which were disrupted due to the termination of 466 part- time lecturers by the state government.

The police said the fire was not accidental. It first broke out at Imphal College and later at DM College.

A few students have been rounded up for interrogation. The adhoc teachers, whose services were terminated by the state government said they would continue the stir demanding the cancellation of the termination orders.— UNI