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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

1 year, 10 meetings & a working draft
Govt spends Rs 86 lakh to draft disability law but where’s it?
Disabled rights group activists hold placards to protest against the non-implementation of the 11th Plan in New Delhi on Friday New Delhi, May 27
Strange as it may sound, but the government has over the past year spent more than Rs 86 lakh on the exercise of drafting the new disability law, with the law is still nowhere in sight.

Disabled rights group activists hold placards to protest against the non-implementation of the 11th Plan in New Delhi on Friday. Tribune photo: Manas Ranjan Bhui

Cong hardsells communal violence Bill, slams BJP
New Delhi, May 27
The Congress and BJP today locked horns over the communal violence Bill with the ruling party dismissing as “pernicious propaganda” the latter's criticism that the law was fraught with dangerous consequence.

Delhi blast suspect held in Ghaziabad
Lucknow/Ghaziabad/New Delhi, May 27
A key suspect in the low-intensity blast on the Delhi High Court premises on Wednesday was arrested in Ghaziabad in a joint operation by the Delhi Police and the Uttar Pradesh’s Anti-Terrorist Squad (ATS) Friday and a hunt is on for his accomplice, a senior police official said.



EARLIER STORIES

Germany asks Pakistan to come clean on Osama
New Delhi, May 27
Ahead of German Chancellor Angela Merkel’s visit to India next week, Germany today expressed concern over the possible collaboration between Pakistan’s security apparatus and terrorist groups and asked Islamabad to come clean on the issue of support network of Osama bin Laden.

18 join Gogoi ministry
Guwahati, May 27
Assam Governor JB Patnaik today administered oath of office and secrecy to the newly elected 18-member council of ministers in Assam to be headed by Chief Minister Tarun Gogoi, who had taken oath earlier for the third consecutive term.

‘Hindu polarisation’ for ‘others’ worries BJP
New Delhi, May 27
The BJP is currently pondering over the recent Assembly elections to five states with several rounds of consultations and discussions at various levels in the party leadership because of its perception that there was a ‘Hindu vote polarisation’ this time but unlike in the past, it helped the Congress and even the Left-CPM but not the BJP.

Judges’ conduct should be exemplary: SC
Apex court rejects Justice Dinakaran's plea that he can’t be impeached
New Delhi, May 27
Rejecting Sikkim Chief Justice P D Dinakaran's plea that he can't be impeached for alleged misconduct not connected with discharge of judicial duties, the Supreme Court today said a judge's conduct "must be exemplary" both within and outside the court. A bench of justices G S Singhvi and C K Patnaik said a judge cannot walk into a shopping mall, pick up an article of his choice and simply walk away without footing the bill.

Work begins on Jaitapur nuke site
Mumbai, May 27
Personnel belonging to the Nuclear Power Corporation of India have begun work at the site of the proposed nuclear power plant at Jaitapur in Maharashtra's Ratnagiri district. According to NPC sources, a team of experts from the organisation have begun testing the soil at the proposed site. The boundary wall of the project site which was damaged by protesters last month is also being reconstructed, NPC officials said.

20 major-generals to be promoted
New Delhi, May 27
After over a six-month delay, the government has cleared more than 20 Army major-generals for promotion to the rank of lieutenant-general, following the two-year-old policy of dividing them into the much sought after command and less attractive staff streams.

 





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1 year, 10 meetings & a working draft
Govt spends Rs 86 lakh to draft disability law but where’s it?
Aditi Tandon/TNS

New Delhi, May 27
Strange as it may sound, but the government has over the past year spent more than Rs 86 lakh on the exercise of drafting the new disability law, with the law is still nowhere in sight.

An expense of exactly Rs 86,81,810 has been incurred by the Ministry of Social Justice and Empowerment on holding 10 meetings of the committee constituted last year to come up with the new disability legislation, which is in sync with the UN Convention on Rights of the Disabled. India ratified this Convention earlier and was under international obligation to frame a rights-based law for the persons with disability. So far, no concrete draft of the law is available.

The panel was initially given four months to draft the law but has since sought four extensions with its latest deadline being June 30. After 10 meetings over a year, what the government currently has is a working draft of the proposed law, which a lot of disability rights activists have slammed for some of its provisions.

Ironically, the entire expense on the exercise is being borne by Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, which gave out the figures to The Tribune under an RTI query. This expenditure was as on April 1 this year.

As for the available draft law, maximum resistance to it is being posed by the physically disabled, including the visually impaired, who have lived in the realm of a welfare-based law where job reservations are guaranteed to them. They are opposing a rights-based approach, fearing losses which a welfare approach offers.

Criticism is also being voiced over the fact that the working draft does not talk about giving full legal capacity to people with intellectual and mental disability and psychosocial disorders. “The concern here is that if full legal capacity is denied to these people, they might be taken for a ride by unscrupulous elements,” Roma Bhagat, a disability lawyer who recently attended a legal consultation on the proposed disability law draft, told The Tribune today.

The irony, however, is that even with several extensions and lakhs of taxpayers’ money, no acceptable draft is still ready. Disability rights activist Javed Abidi today said the proposed draft would still face resistance because it does not factor in the concerns of stakeholders.

“In the first place, a committee of 30 cannot possibly draft a law. It is unwieldy and is short of people with the intellectual ability to represent the disability sector,” he said.

Interestingly, the legal consultant for the law -- a disability expert from Hyderabad’s NALSAR University of Law -- alone has been given Rs 6.8 lakh to prepare the draft.

11th Plan promises broken

Even as the Planning Commission Steering Committee on Disability met to debate provisions for the disability sector in the 12th Plan, the following promises of the 11th Plan stand broken:

  • All relevant ministries would declare their disability policy within six months of the approval of the 11th Plan
  • In the Ministry of Social Justice, disability would be a department, not just a division
  • Every apex educational institute like the UGC and AICTE would have disability divisions

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Cong hardsells communal violence Bill, slams BJP
Tribune News Service

New Delhi, May 27
The Congress and BJP today locked horns over the communal violence Bill with the ruling party dismissing as “pernicious propaganda” the latter's criticism that the law was fraught with dangerous consequence.

Terming the BJP's reaction on the draft bill as “premature”, Congress spokesman Abhishek Singhvi claimed that the BJP was trying to further its communal agenda by debunking a Bill that was still under discussion.

Reacting to the BJP's criticism that the Bill would go against the federal rights of states and hold only the majority community guilty of hate propaganda and targeted violence, he said: “We are shocked at the BJP’s reaction. Firstly, nothing has been finalised. Opinions are being sought from diverse sections. The BJP is trying to further its communal agenda. It is trying to do so by a pre-emptive strike and debunking a draft Bill under discussion.”

BJP leader Arun Jaitley had yesterday said that provisions of the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, intrude into the domain of the state, damage a federal polity and create an imbalance in inter-community relationship.

The draft Bill has been put in the public domain for suggestions by Congress president Sonia Gandhi-led National Advisory Advisory Council.

Accusing the BJP of rumour-mongering and pernicious propaganda, Singhvi said only one of the 60 clauses in the draft Bill gives the Central Government the power to intervene in case of communal disturbance and this provision too was hedged in by three cumulative conditions such as waiting for state government to take action.

“What is the harm in (the Central Government) having residual power? Secularism is part of the country’s basic structure,” he said, adding that the proposed Bill was a special act focused at inspiring confidence in minorities, whether linguistic or religious, in every state.

“If the minority community indulges in violence, the Indian Penal Code applies very strongly,” he added.

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Delhi blast suspect held in Ghaziabad

Lucknow/Ghaziabad/New Delhi, May 27
A key suspect in the low-intensity blast on the Delhi High Court premises on Wednesday was arrested in Ghaziabad in a joint operation by the Delhi Police and the Uttar Pradesh’s Anti-Terrorist Squad (ATS) Friday and a hunt is on for his accomplice, a senior police official said.

“We managed to arrest Gulfam from Pilkuha village in Ghaziabad district,” Special DGP Brij Lal told mediapersons in Lucknow. Gulfam’s accomplice Nafees was, however, stated to be “absconding.” Meanwhile, the joint team of the police has picked up about 10 other people for interrogation.

According to Brij Lal, both suspects belonged to the Pilkuha area of Ghaziabad, adjoining to Delhi, where they were working as roadside hawkers. “We have reason to believe that they were sleeper modules of the Indian Mujahideen (IM) that has been involved in carrying out blasts in different parts of the country.”

Asked what could be the reason behind the low-intensity blast by a notorious terrorist organisation like IM, he said: “Apparently, these fellows were trainees who were still in the process of acquiring expertise in preparing explosives and carrying out blasts.” According to him, “there were two batches of IM activists - a team of fully trained terrorists and another of trainees”.

Brij Lal claimed that even as the nature of explosives used in the Delhi blast was quite lethal, the blast turned out to be of low intensity and did not cause the intended devastation simply because novices were entrusted with the task, which they could not carry out properly. “We have been lucky that these novices ended up doing a shabby job, thereby saving any major damage,” he said. — IANS

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Germany asks Pakistan to come clean on Osama
Ashok Tuteja/TNS

New Delhi, May 27
Ahead of German Chancellor Angela Merkel’s visit to India next week, Germany today expressed concern over the possible collaboration between Pakistan’s security apparatus and terrorist groups and asked Islamabad to come clean on the issue of support network of Osama bin Laden.

Addressing a press conference here on the eve of the Chancellor’s high-profile visit, German Ambassador to India Thomas Matussek also expressed happiness that India had shortlisted Eurofighter Typhoon for the $11-billion contract Multi-Role Combat Aircraft deal. “We are happy that India has shortlisted Eurofighter Typhoon for the deal…we are prepared to share the most advanced and efficient aircraft with the IAF,” he said.

The German envoy also stated that Berlin was ready to share safe and cutting-edge technology with India in the nuclear energy field.

Referring to the killing of the Al-Qaida chief early this month, he said, “After the US operation in Abbottabad, Pakistan must answer questions about support network of Osama. It is important that the Pakistan Government comes clean.....possible role of the Pakistan Army and people in service in supporting Osama and other terror outfits.”

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18 join Gogoi ministry
Bijay Sankar Bora/TNS

Guwahati, May 27
Assam Governor JB Patnaik today administered oath of office and secrecy to the newly elected 18-member council of ministers in Assam to be headed by Chief Minister Tarun Gogoi, who had taken oath earlier for the third consecutive term.

Fourteen of the ministers, including two women, were sworn in as Cabinet ministers while the rest four were sworn in as ministers of state with independent charge.

The Cabinet ministers include: Prithvi Majhi, Tanka Bahadur Rai, Gautom Roy, Ajanta Neog, Akon Bora, Ardhendu Dey, Chandan Brahma, Himanta Bishwa Sharma, Kharsing Ingti, Nazrul Islam, Nilamoni Sen Deka, Pradyut Bardoloi, Pranati Phukon and Rockybul Hussain.

Of them, Chandan Brahma is from the Bodoland People’s Front (BPF), who has been allotted a cabinet berth as per the promise made by Chief Minister Tarun Gogoi as a gesture of gratitude to the BPF’s smooth support to his previous government.

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‘Hindu polarisation’ for ‘others’ worries BJP
Unlike the past, Hindu votes helped the Cong and even the Left-CPM but not the BJP in the recent Assembly election
Faraz Ahmad
Tribune News Service

New Delhi, May 27
The BJP is currently pondering over the recent Assembly elections to five states with several rounds of consultations and discussions at various levels in the party leadership because of its perception that there was a ‘Hindu vote polarisation’ this time but unlike in the past, it helped the Congress and even the Left-CPM but not the BJP.

During a recent analysis, the party noted that in Assam it always raised the issue of Bangladeshi infiltrators reaping electoral dividends since early 1980s when the AGP was created.

This helped it attract both sections of Assamese voters, particularly when it was in alliance with the AGP and the Bengali voter from West Bengal settled in parts of Assam, both of whom the BJP considered as ‘Hindu voters’ because of their antipathy towards Bangladeshi infiltrators, explained a senior BJP leader.

Once the Muslim voters polarised in favour of the All India United Democratic Front (AIUDF) of Badruddin Ajmal, the Hindu voters too started polarising.

Defying past precedent, when a communal polarisation helped the BJP, the ‘Hindu voter’ rushed into the arms of the Congress, leaving the BJP high and dry.

The BJP also failed in Assam because of the indecision of its prospective coalition partner, the AGP, to align with it. “Had the AGP aligned with us, together we would have looked a formidable alliance and the people would have found us a ‘big enough alternative to consider’,” said a BJP leader who had extensively campaigned in Assam.

He regretted that the alliance with the AGP failed to fructify in spite of concerted efforts of the BJP. In fact, the BJP was so accommodating he recalled that at one stage it oven offered to be an alliance partner with the All India United Democratic Front, if the three (BJP, AGP and AIUDF) together were in a position to form the government. That failed to cut ice with the voters, he said.

In Kerala, a similar polarisation took place with the Muslims tilting towards the IUML. This resulted in the Hindu voters rushing towards, of all parties, the Left and, more specifically, the CPM.

With the RSS working hard to carve out a base in Kerala and losing quite a few men to the CPM, the BJP was pretty confident of impressing the ‘Hindu voter’ and opening an account this time round.

In West Bengal, the BJP contested all the 294 seats and all the top leaders were flying around in three helicopters at a time. The party got between 10,000 and 15,000 votes on 36 seats.

But the only time it succeeded, was in 1999 when it aligned with Mamata Banerjee’s Trinamool and got Tapan Sikdar elected to the Lok Sabha.

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Judges’ conduct should be exemplary: SC
Apex court rejects Justice Dinakaran's plea that he can’t be impeached

New Delhi, May 27
Rejecting Sikkim Chief Justice P D Dinakaran's plea that he can't be impeached for alleged misconduct not connected with discharge of judicial duties, the Supreme Court today said a judge's conduct "must be exemplary" both within and outside the court. A bench of justices G S Singhvi and C K Patnaik said a judge cannot walk into a shopping mall, pick up an article of his choice and simply walk away without footing the bill.

"His conduct must be exemplary. He is liable for his actions. There cannot be aberrations. He cannot go to the shopping mall, pick up anything and walk out without paying. "Any conduct that brings down the dignity of the court cannot be accepted," the bench remarked.

The apex court made the remarks after senior counsel Basava Prabhu Patil and Romy Chacko, appearing for Justice Dinakaran, argued a judge's conduct which was not connected with the discharge of his/her official duties cannot be part of any impeachment motion.

The counsel cited Article 124(4) of the Constitution that judges enjoy immunity from any prosecution or impeachment for misconduct unless the same was related to the discharge of the official duty. Sensing the mood of the court, the counsel then admitted the conduct of the judges should be exemplary both within and outside the court.

Senior counsel U U Lalit, appearing for the Rajya Sabha appointed three-member panel, agreed with Justice Dinakaran's contention that the committee received complaints even after the motion for impeachment was introduced in Parliament.

Admitting that the complaints were received and additional charges were framed, the counsel, however, clarified that the same were merely "elaboration and refinement" of the charges framed by Parliament which would in no way prejudice the interest of Justice Dinakaran.

The arguments would resume on Tuesday. Justice Dinkaran had moved the Supreme Court on two grounds contending that the panel had exceeded its jurisdiction by framing 14 charges on the basis of fresh complaints whereas there were only 12 charges at the time when the motion was introduced in Parliament.

It was argued that the committee should restrict itself to the original 12 charges instead of inviting further complaints from various persons, the counsel argued. — PTI

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Work begins on Jaitapur nuke site
Shiv Kumar/TNS

Mumbai, May 27
Personnel belonging to the Nuclear Power Corporation of India have begun work at the site of the proposed nuclear power plant at Jaitapur in Maharashtra's Ratnagiri district. According to NPC sources, a team of experts from the organisation have begun testing the soil at the proposed site. The boundary wall of the project site which was damaged by protesters last month is also being reconstructed, NPC officials said.

According to district officials, a large number of paramilitary forces have been deployed in the area to prevent incidents of violence. Rajan Salvi, the local MLA from the Shiv Sena, who allegedly provoked villagers to violence, is presently in jail. One person was also killed in the police firing. Reports from the area say the mood at Jaitapur is sombre with local villagers carrying out a social boycott of persons employed at the project site. "We have decided not to sell or do any trade with the workers at project site," Ganpati Shingre, a local Shiv Sena leader told this reporter over the phone. Local eating houses have also decided not to sell food to them, he added. According to Shingre, workers at the project have been forced to drive several kilometres away to shop for their basic necessities.

Local villagers who want the agitation against the project to remain apolitical are working out a strategy for fresh protests. "We will be

non-violent and will not allow politicians to lead the protests," says Pravin Gaonkar, a prominent land owner in the area who is spearheading the opposition to the project.

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20 major-generals to be promoted 

New Delhi, May 27
After over a six-month delay, the government has cleared more than 20 Army major-generals for promotion to the rank of lieutenant-general, following the two-year-old policy of dividing them into the much sought after command and less attractive staff streams.

Government sources said here yesterday that the promotion of the major-generals to the next rank was approved by the Appointments Committee of the Cabinet chaired by PM Manmohan Singh recently. A total of 63 major-generals were in contention for promotion, but most of them retired in the past six months, thereby losing out on continuing in service and getting the higher rank. — IANS

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BRIEFLY

Rajinikanth off to Singapore
CHENNAI:
Tamil superstar Rajinikanth was discharged from a private hospital here on Friday, two weeks after he was admitted for respiratory problems and the actor is off to Singapore now for 'treatment and rejuvenation'. The 61-year-old actor, who will leave with his wife and two daughters, is 'well' and 'cheerful'.— PTI

Leopard enters Hema's house
MUMBAI:
A leopard strayed into actress-MP Hema Malini's bungalow in suburban Malad on Friday and left hours later. She was not present at the bungalow when the feline, probably from the adjoining Sanjay Gandhi National Park, made a 'stopover' at her residence, the officials said. —TNS

Aircraft makes emergency landing
MUMBAI:
A SpiceJet aircraft on a flight between Mumbai and Hyderabad with 140 passengers on board made an emergency landing shortly after take-off after smoke was detected from its cargo hold. SpiceJet said the Hyderabad-bound flight SG-401 took off from Mumbai at 5.30 am and returned at 6.05 am following the smoke alarm. — TNS

Behura's bail plea
New Delhi:
A Delhi court on Friday reserved its order on the bail plea of former Telecom Secretary Siddhartha Behura, an accused in the 2G Spectrum case. "Put up for order on June 3," Special CBI Judge O P Saini said. The CBI said that Behura should not have followed the orders of the then Telecom Minister A Raja, if they were not in accordance with the law. — PTI

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