Chandigarh, January 8
The State Information Commission, Punjab, has held that an MLA is not a “public authority” and is, as a result, not covered under the Right to Information Act.

Taking up a complaint filed by Mehenga Ram, a resident of Hoshiarpur against Des Raj, MLA, Gardiwala, the Chief Information Commissioner, Punjab, Ramesh Inder Singh, today stated that while an MLA may be a “public servant” under the relevant provisions of the Indian Penal Code or the Prevention of Corruption Act, an “MLA is certainly not a public authority under the RTI Act.”

He added, “This, however, does not mean that the official conduct of MLAs is beyond the pale of public gaze. It is just that the route to reach a MLA is not via the MLA himself, but through the public information officer of the appropriate ‘public authority’. The role of a MLA in the Legislative Assembly or on any of its committees, could be accessed by citizens through the Public Information Officer appointed under the Rules notified by the Hon’ble Speaker,” he said.

“The secretary of the Vidhan Sabha should also ensure that information pertaining to membership of MLAs on various committees, public bodies/organisations, etc is duly published and displayed as per the provisions of Section 4 of the RTI Act,” he added.

He further pointed out that in case of denial of information from the “competent authority” of the Vidhan Sabha, a citizen was at liberty to evoke the provisions of Section 18 or 19 of the RTI Act and move the State Information Commission.

Mehenga Ram had suffered losses in a fire in April 2007 and Des Raj, representing the area, had visited the site and even announced compensation for the losses. However, his announcement was not honoured. Mehenga Ram sought information about the status of the compensation under the RTI Act from Des Raj. The request did not evoke any response from Des Raj after which he filed a complaint to the commission in August 2009.

The complainant contended that the MLA was the elected representative of people and he was answerable for his official announcements and conduct to the constituents of his area and citizens had a right to access information from MLAs as they were accountable to the electorate.

The MLA, however, submitted that he was not a public authority and did not maintain a public information office. He added that any assurance for the financial assistance given to the complainant was no more than a “moral assurance” and was not a legally enforceable commitment. It was further argued by the MLA that the responsibility to pay any compensation was of the Deputy Commissioner and the SDM, who were the duly authorised officers to provide compensation to the affected parties.

Passing detailed orders in the case today, the CIC also averred that MLAs performed a public role outside the Legislative Assembly also. 

Chandigarh, January 8
A petition was filed with the Punjab State Electricity Regulatory Commission (PSERC) today urging that the total quantum of subsidy resulting from the rollback of the recent power hike should be deposited upfront by the government before it was allowed.

The petition, filed by former Punjab State Electricity Board (PSEB) engineer Gurnek Singh Brar, also demanded that the PSEB should be directed not to implement the tariff rollback on its own without taking the permission of the PSERC even if the government issued a directive in this regard.

It said the PSERC had upheld this principle once earlier when it fined the PSEB for bypassing the regulatory commission and issuing a circular for a refund of rolled-back tariff. The petitioner claimed that since the rollback was an amendment to the tariff order of September last year appropriate public hearings should be conducted before it is given the go-ahead.

The petition also claimed that the state government was continuously defaulting in the payment of subsidy to the PSEB on account of free power given to the agricultural sector as well as below the poverty line (BPL) families.

Giving details it said the government had defaulted in the paying of subsidy to the PSEB since September last year. It said as per the figures obtained from the PSEB under the RTI Act it was revealed that the government had defaulted on the payment of Rs 1,038 crore.

The petition said the default was not limited to the quantum of subsidy only. It said defaults had occurred as far as advance payments were concerned. It said despite allowing concessions to the government and allowing it to pay subsidy in advance monthly instalments instead of advance quarterly instalments, the government had defaulted in paying monthly instalments for November and December last year as well as January this year.

Gurnek Brar noted in his petition that the government was not to be allowed to adjust subsidy towards the payment of principal loans which it claimed was made clear in the order of the regulatory commission passed in September 2007. It said despite this on a previous occasion the state government adjusted Rs 1,362 crore subsidies against government loan.

The petition noted that in view of the government’s track record on the issue of payment of subsidies to the board, it should be directed to give an affidavit that the subsidy amount for 2009-10 pertaining to the rollback of tariff hike would be paid in cash and not adjusted against government loan. It said the government should be asked to deposit the total amount of subsidy in advance before the rollback was allowed. It said since the advance monthly schedule was allowed only for the agricultural sector and BPL subsidy, the same schedule should not be applicable in the case of the subsidy on account of rollback. 

Bathinda, January 8
Harsimrat Kaur Badal, MP, today sought immediate setting up of a Joint Parliamentary Committee (JPC) to visit Australia and look into the “racial” attacks on Indian students.

The JPC should submit a ground-level report, pertaining to these attacks, to Parliament, she said.

She suggested that the committee should have members from those states from where Indian students have been targeted in racial attacks in Australia.

Addressing a series of rallies in the district, Harsimrat Kaur criticised the Congress-led Central Government for not seriously taking up the issue. She also targeted Preneet Kaur, Minister of State for External Affairs, for “inappropriate and cold-hearted handling of the serious issue of racial attacks on students of Indian origin, mostly from Punjab, in Australia”.

She regretted that India had failed to send a strong message to the Australian Government despite increasing racial attacks on Indian students for more than one year now. She said India as a sovereign country should either give a strong message, using all diplomatic means, or issue an advisory to the Indian citizens, cautioning them not to visit Australia. She said the Centre must send a high-level delegation to Australia to convey the country’s serious concern on these attacks.

Harsimrat Kaur said Punjab had a reason to worry about the increasing attacks as most of the victims belonged to the state. She said Chief Minister Parkash Singh Badal and Deputy CM Sukhbir Singh Badal had already met the Prime Minister, External Affairs Minister and the Australian High Commissioner in Delhi to convey their concern over these targeted attacks.

Chandigarh, January 8
Diversion of domestic LPG for commercial purposes, mainly for running gas geysers and gas heaters in the wake of poor power supply, has led to a severe shortage of cooking gas across various cities in Punjab.

Residents of Hoshiarpur, Nawanshahr, Jalandhar, Mansa and Abohar rue that they have to wait for anything between one week to 20 days to get their regular supply of LPG. Though the oil marketing company concerned denies it, the maximum problem is allegedly being faced by those who use HP Gas marketed by Hindustan Petroleum Company Limited (HPCL).

While consumers claim they have to wait for a fortnight to 20 days to get their supply, the HPCL authorities, while admitting that they are facing a shortage because of an unprecedented hike in demand, maintain that the consumers do not have to wait for more than five days. “The reason for the shortage is that there is a lot of diversion of domestic LPG for commercial purposes, especially for running gas geysers and gas heaters,” said a company official, requesting anonymity.

Consumers of two other oil marketing companies--- Indian Oil Corporation and Bharat Petroleum Corporation --- too complain that there is a long wait to get a refill for LPG. Balwinder Singh of Hoshiarpur alleged that his family had two LPG connections --- of the IOC and HPCL. “Since there is a long wait for getting HP Gas, I booked for my Indane gas connection. But even there , I had to wait for almost a week before I got the refill,” he said.

Though officials at the regional office of the IOC here said there was just a three-day backlog in the supply of Indane gas, they said the demand had shot up drastically now. “The main reason for this is that many consumers have multiple connections and because of a shortage in LPG supply with other companies, their load is shifting towards the IOC. Though the demand for LPG goes up in winters, this year the demand in Punjab and Chandigarh is unprecedented with a hike of 30 per cent. As compared to our supply of 25,590 metric tonnes of LPG here in May, we supplied 32,195 metric tonnes in December,” said the official. Officials in BPCL, too, said that both their bottling plants at Lalru and Bathinda were running to full capacity, but the diversion of domestic LPG for commercial purposes, especially during the ongoing festive season, had led to a sharp hike in demand. “We will now launch a concerted campaign against this diversion, and hope to get the results soon,” said the official. 

Patiala, January 8
The Ministry of External Affairs has promised to bear the expenses to be incurred on transportation, etc for bringing back the body of 25-year-old Ranjot Singh, who was found killed in Australia on December 29. Confirming this, Union Minister of State for External Affairs Preneet Kaur has said that the ministry was also making all efforts to ensure that there was no delay in bringing back the body of Ranjot Singh.

Notably, Ranjot Singh of Alhoran (Nabha) was the second Indian national to die in Australia. The Australian police had recovered the partially burnt body of Ranjo in the Jarift area of south Australia on December 29 last year.

Speaking to The Tribune, Ranjot’s elder brother, Satnam Singh, said a senior secretary-rank officer attached with Preneet Kaur today called them up and asked about the details of the entire case. “The officials have assured us that the MoEA would bear the transportation expenses, etc to be incurred in bringing Ranjot’s body to his native place,” Satnam said.

Satnam further said that they had told the officer to help them get the body as early as possible because it has been 10 days since Ranjot was allegedly murdered and his partially burnt body was recovered by Australian cops. “Ranjot was the only bread winner in our family. We feel that the Indian Government should compensate our family by providing some kind of financial assistance,” he asserted.

Meanwhile, Gurmail Singh Mavi, political secretary to Preneet Kaur, today visited Ranjot’s family in Alhoran village and assured them of all possible help from the ministry. Speaking to The Tribune, Mavi said they had assured the family that the MoEA would make all possible efforts for bringing Ranjot’s body back in the next two days.

Ludhiana, January 8
Following reports that SGPC chief Avtar Singh Makkar is not well and has been advised rest, several Panthic bodies today put off their dharna outside his residence scheduled for January 12 to register their protest against the mixing of the Nanakshahi Calendar with Bikrami Calendar.

The Dal Khalsa, SAD (Panch Pardani), Shiromani Panthic Council, Shiromani Khalsa Panchayat, Sikh Students Federation, Akal Federation and the Sikh Youth of Punjab today resolved to hold a Panthic convention on January 17 in Ludhiana on the issue.

In a statement, Dal Khalsa spokesperson Kanwarpal Singh, SAD (Panch Pardani) leader Harpal Singh Cheema, Panthic Council chairman Manjit Singh Calcutta, Narien Singh of Akal Federation and Rajinder Singh of Khalsa Panchayat said the programme to hold a dharna outside the residence of the SGPC chief had been put off due his illness. “However, we reiterate our opposition against a dilution in the calendar. We will stick to the original Nanakshahi Calendar adopted in 2003,” they said, adding, “Our protest will continue till the arbitrary decision of the SGPC is not revoked.” The changes had divided the community.

Anandpur Sahib, January 8
Anandpur Sahib will be divided into five sectors and nine zones during Hola Mohalla to be held from February 14 to March 1.

While passing on instructions to district administrative staff members on Hola Mohalla duty, Ropar DC Priyank Bharti said a magistrate would be designated as in charge of every sector.

He directed the staff members to make adequate arranegements for providing pilgrims with lights, power, drinking water, toilets and managed traffic.

Bharti said for the fortnight function, 400 temporary toilets would be established in addition to 16 permanent existing ones. Anandpur Sahib SDM Arvind Pal Singh Sandhu has been designated as the mela officer.

Providing medical facilities for all, 10 dispensaries will be set up, in addition to four cattle dispensaries that will be put up at Anandpur Sahib. In order to deal with any medical emergency, 10 ambulances have been pressed into action that will function round the clock.

Also a state-level exhibition will be held depicting development of various state government departments on March 1. Arrangements have also been made for games of Nihang Sikhs to be held at the Charan Ganga stadium.

Bharti also oversaw arrangements for national school games that will be held at Anandpur Sahib from January 17 to January 20 under-18 age group players. 

Chandigarh, January 8
Mystery continues to shroud the whereabouts of the woman, who had accused former Punjab Chief Minister Capt Amarinder Singh of rape.

As a case related to the issue came up for hearing before Justice MMS Bedi, counsel for the state of Punjab Arshvinder Singh informed the court that she was still untraceable, giving credence of sorts to the apprehensions of the former Chief Minister’s implication in the matter.

The assertion came just about a month after Justice Ranjit Singh of the high court had asked the SSP concerned to track the complainant. The Judge was hearing arguments on a petition for protection filed by Shamsher Singh Jagera, who had held a Press conference where the allegations of rape were levelled.

After hearing the state counsel this afternoon, Justice Bedi fixed January 15 as the next date of hearing in the matter. Before parting with the case, Justice Bedi asked the state counsel to file a reply and give details of the investigations to the court on the next date of hearing in case of its conclusion.

Describing himself as the president of an organisation for protection of human rights, Jagera had moved the high court expressing apprehension regarding his personal safety on the ground of being attacked by the ex-Chief Minister’s supporters for holding the Press conference.

Capt Amarinder Singh, on the other hand, had earlier claimed before the media that Jagera had been booked for rape in 2003. He had also claimed the woman had made a similar accusation against a sitting judge.