New Delhi, November 26
The Supreme Court today ruled that there was a need to strike a balance between the people’s right to information (RTI) and judicial independence going by the needs of the present generation, rather than getting weighed down by history and precedents.

Justices B Sudershan Reddy and Surinder Singh Nijjar delivered the verdict on an appeal filed by the SC’s Central Public Information Officer (CPIO) challenging an order of the Central Information Commission (CIC).

On November 24, 2009, the CIC had directed the CPIO of the apex court to provide all details, including file notings and correspondence between constitutional authorities, relating to the appointment of some SC judges to an RTI applicant, S.C. Agrawal. Refusing to comply with the order, the CPIO of the SC challenged this directive in the SC.

Justices Reddy and Nijjar suggested the setting up of a Constitution Bench “of appropriate strength” to go into the issue. The Constitution Bench consists of a minimum of five judges.

“Most of the times we reel under the pressure of precedents. We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be what the words of the text mean in our time,” the Bench felt.

Since a substantial question of law as to the interpretation of the Constitution was involved in the present case, it should be heard by a Constitution Bench, it said.

The case, on hand, raised important questions of constitutional importance relating to the position of the Chief Justice of India under the Constitution and the independence of the judiciary in the scheme of the Constitution on the one hand and the fundamental right to freedom of speech and expression on the other, the Bench pointed out.

The independence of the judiciary and the fundamental right to free speech and expression “are of a great value and both of them are required to be balanced,” the Bench felt.

The Judges said the ongoing debate on the issue “is a sign of a healthy nation.” Now the CPIO’s appeal would be placed before Chief Justice of India SH Kapadia for constituting the Constitution Bench to consider the matter.

Hyderabad, November 26
After targeting Congress President Sonia Gandhi, rebel MP YS Jaganmohan Reddy’s media group has now trained its guns on the party General Secretary Rahul Gandhi, saying his “magic was on the wane as demonstrated by the party’s debacle in Bihar”.

In a current affairs programme, Sakshi TV, a Telugu news channel owned by the Congress MP and son of former Andhra Pradesh Chief Minister late YS Rajashekhar Reddy, ran a critical story on the party’s performance and also the challenges ahead for the new Chief Minister N Kiran Kumar Reddy.

Though the rebel leader and CM-aspirant has been using his TV channel and newspaper as weapons to attack the party leadership, particularly the state leaders, it was for the first time that his media outlet has targeted Rahul Gandhi.

"The Congress faced a massive defeat in Bihar poll, winning only four seats. Clearly, Rahul Gandhi's magic has not worked,” the show, titled “Dus Ka Dum”, said.

“The Congress is facing trouble in other states as well but the only state where it is strong is Andhra Pradesh. But, lately even that has been deteriorating. With a change of guard yet again in the state, it remains to be seen what Kiran Kumar Reddy will do now,” the show pointed out.

It set out to highlight 10 major challenges ahead for the new CM and said he would be judged based on his performance on the key issues.

The media group’s aggressive campaign is widely seen as part of a strategy to force the party high command to take action against Jagan. Such a move, according to the rebel camp, would make him a political martyr and pave the way for his exit from the party.

Earlier this week, Sakshi TV and the newspaper with the same name ran identical stories making a scathing attack on Sonia Gandhi, questioning her leadership skills and holding her responsible for the party’s slow degeneration.

The reports had also dubbed Prime Minister Manmohan Singh as “rubber stamp”.

The latest salvo is being viewed in political circles as a sign of growing frustration in Jagan camp as the high command had completely ignored his claim over YSR’s political legacy. Instead, the party has chosen YSR’s close aide Kiran Reddy as Chief Minister to checkmate Jagan. Like YSR’s family, Kiran also hails from Rayalaseema region and belongs to the Reddy community which has been the backbone of Congress’ support base.

A spokesman of the media group maintained that the content of the stories did not reflect the viewpoint of the owner and that the channel enjoyed editorial freedom. 

The Congress faced a massive defeat in Bihar poll, winning only four seats. Clearly, Rahul Gandhi's magic has not worked, a show on the channel said. The channel also ran a critical story on the Congress’ performance and also the challenges ahead for the new Chief Minister N Kiran Kumar Reddy.

New Delhi, November 26
India’s first designer hill city Lavasa, just outside Pune, has run into trouble. The environment ministry has issued a show-cause notice to Lavasa Corporation Ltd for carrying out construction without its approval in 25,000 hectares. The notice asks it to halt construction immediately.

Lavasa’s builders have been given 15 days to explain why unauthorised structures should not be demolished.

The notice adds that the constructions violate Environment Impact Assessment Notification, 2006. In the past too, several allegations have been leveled against Lavasa promoters, including violation of law to acquire large parts of the 25,000-acre mega project.

According to the notice under Section 5 of the Environment (Protection) Act, 1986, for violation of provisions of Environment Impact Assessment 1994, construction on 47.30 hectare in the city is above 1,000 m, whereas the state government’s clearance was for buildings in the range of 640 to 900 m.

The notice is clear that changes have been made in the project during the first phase of development and also in the phase under-construction. The ministry wants developers to respond with details of the project, clearances obtained, status of the project with photographs and satellite maps

Earlier this month, Lavasa received regulatory nod for a Rs 2000-crore initial public offer. Launched in 2002, the Lavasa project is promoted by its builders as ‘India’s first hill city’. However with luxury apartments, hotels and world-class facilities for adventure sports, the man-made paradise has come under wide criticism for being anti-tribal and poor.

An earlier inquiry had suggested that the Lavasa deal deprived the state of crores. The report also says Lavasa bought 98 hectares of tribal land without the prerequisite clearance from the government. 

New Delhi, November 26
With an unrelenting Opposition in no mood to relax its demand for a Joint Parliamentary Committee(JPC) probe, the Congress on Friday decided to adopt a higher moral ground and not draw daily allowances for the day Parliament does not function.

The Parliamentary Affairs Minister Pawan Bansal said at least the money spent on daily allowances would thus be saved.While the government’s latest strategy seems aimed at embarrassing the Opposition into relenting and allowing Parliament to function, Congress sources say an attempt will again be made on Monday to make the BJP and Left see reason and even work out a compromise formula.

So far, 80 members, including Prime Minister Manmohan Singh and party president Sonia Gandhi, are understood to have written to Lok Sabha Secretary General TK Vishwanathan saying that they should not be given the daily allowance for the days when the proceedings of the House are disrupted for whatsoever reason.

Congress spokesman Manish Tewari had taken the lead and the Delhi MP Sandeep Dikshit followed suit. Both gave in writing last week that it was unethical to take the daily allowance without doing any work. Last week, Tewari even took a dig at the Opposition for stalling the proceedings of Parliament over its demand for a JPC probe, saying that taking allowances without work was immoral therefore those who are obstructing Parliament's functioning should have the “morality” to refuse the daily allowances.

A study a few years ago calculated that it took about Rs 25,000 to run the Parliament for a minute. Parliament has not functioned since the Winter Session began and each day is costing the tax-payer crores of rupees, without any worthwhile business being transacted.

Government sources say MPs start drawing daily allowances three days before the session starts. Since November 6, MPs have drawn daily allowances without working for even a single day.

However, even if all 280 Congress members in both Houses decide not to withdraw their daily allowance, the government’s saving will only be around Rs 5, 60,000. Congress leaders explain that by refusing daily allowances, it is a message that they want to drive home to the Opposition.

Along with salaries and other perks, MPs’ daily allowance was recently hiked from Rs 1000 to Rs 2,000 per day.

The BJP dismissed the Congress decision as a “diversionary tactic” and termed the JPC demand a “struggle to save democracy”. “It is a sheer diversionary tactic by the Congress to say no work no pay. We demand JPC (on scams). We will not relent until JPC is announced,” BJP spokesperson Prakash Javadekar said.

New Delhi, November 26 
Tata Group chairman Ratan Tata today said action should be taken against anyone found guilty of wrong-doing in 2G spectrum scam for which the government should bring in an auditor and have an investigation.However, he expressed concern over unsubstantiated media attacks being made apparently on the basis of unauthorised tapes.

“So, I think these are bad times. I wish the government would take a stand, bring in an auditor and have an investigation. Book people who are guilty of something,” he told private television channel NDTV.Tata said it was murky and confusing for him now.

“Because just a couple of weeks ago, we were a sort of sitting on top of the summit or mountain top with US President Obama showering praises talking about the maturity of having emerged and not an emerging force. And then we have somewhat slipped into a morass of series of allegations, unauthorised tapes being flooded, the media going crazy on alleging, convicting, executing. You are literally character assassinating.” — PTI

New Delhi, November 26
The Centre today rolled out a massive development plan for 60 districts affected by Naxal violence. Under the plan, Rs 3,300 crore will be spent till March 2012 to bring about “visible and tangible” changes at the ground level. 

Announcing the mega scheme, Union Home Minister P Chidambaram today said the Cabinet Committee on Economic Affairs had approved commencement of an Integrated Action Plan for selected tribal and backward districts. The first tranche of Rs 1,500 crore will be spent by March 2011-end while the remaining Rs 1,800 crore will be spent in the next financial year. Healthcare, schooling, sanitation, roads and drinking water will be targeted. 

The no-nonsense Chidambaram, who had earlier announced that the government has the will to defeat the Naxals, said Development Commissioners have been asked show visible progress in four months. Local labour and contractors will be used to execute the schemes.