The Tribune, Chandigarh, India

	CJI calls for judicial restraint R Sedhuraman Legal Correspondent New Delhi, November 26 Chief Justice of India SH Kapadia today called for “considerable judicial restraint to ensure that a surcharged democracy does not lead to a breakdown of the working of the Parliament and the government.” The judiciary should realise that the executive “has its own compulsions - huge population, lack of resources, high inflation, global economic regime, etc”, the Chief Justice stated while addressing the Law Day function organised by the Supreme Court Bar Association here. Explaining further the new situation in a surcharged democracy, he said, “Today, the crisis of confidence in human institutions has come to the forefront. The deficiency of every institution in tackling growing and complicated social problems has become a common feature. It is a challenge for every institution. Every democratic institution needs to meet this challenge.” Further, rule-specific laws were being substituted with rights-specific laws such as the Acts relating to Right to Education and Information and the Food Security Bill. Such socio-economic legislation required a paradigm shift in the matter of interpretation of Articles 14 (right to equality), Article 21 (right to life and personal liberty) and Article 19(1)(g) pertaining to right to profession and trade, the Chief Justice of India further pointed out. “Courts have come from formal equality to egalitarian equality to the concept of deprivation,” he said. Observing that judicial independence had “acquired renewed significance” in view of all this, the CJI said judicial independence, at the same time, would have to be balanced with judicial accountability. Acknowledging that the foremost challenge to the judiciary today is “viability of the system,” Justice Kapadia, however, clarified: “I do not share the impression that the judicial system has collapsed or is fast collapsing. I strongly believe and maintain that with all the drawbacks and limitations with shortage of resources and capacity, we still have a time-tested system.” He maintained that the backlog of cases “is not as big as is sought to be projected”. As many as 74 per cent of the cases were less than five years old. Therefore, the focus should be on expeditious disposal of the 26 per cent cases which were more than five years old. For this, he suggested setting up of a working committee on arrears and court management. Decrying the tendency to put the entire blame on the judges, the Chief Justice went on to state that the executive including the police and the Bar had an important role in achieving “zero pendency”. Addressing the function, Law Minister Salman Khurshid said there was need for increased use of technology by the judiciary to make courts paperless and speed up the judicial process.
	Plea in Andhra HC wants CBI probe into DGP assets Suresh Dharur/TNS Hyderabad, November 26 After politicians, it is now the turn of IPS top brass in Andhra Pradesh to use courts as the battleground to settle scores with their rivals. Close on the heels of the court-ordered CBI probes into the alleged illegal assets of YSR Congress Party president YS Jagan Mohan Reddy and Telugu Desam Party chief N Chandrababu Naidu, a senior IPS officer Umesh Kumar has knocked the doors of judiciary, seeking a CBI probe into the properties of state Director General of Police V Dinesh Reddy and his wife Kamala Reddy. Umesh, who is now the chairman of Godavari Valley Authority, alleged that the DGP had made a false declaration of his properties. The two senior IPS officers of 1977 batch are locked in a bitter ego tussle. Umesh had also challenged the elevation of Reddy as the state police chief. In a new trend, the high court has been receiving a flood of petitions from high-profile individuals seeking to expose their rivals. As a result, a host of politicians, bureaucrats, businessmen and police officials are caught in the vortex of CBI cases. In an amendment petition filed before the High Court, Umesh alleged that the DGP and his wife own benami properties, worth several crores, across the state. The petition will come up for hearing next week. Based on an earlier petition filed by Umesh, the high court had, on November 10, directed the DGP to submit the details of his assets before the court. The court has been unsparing on the issue of corruption charges. It has already ordered a full-fledged CBI inquiry into the assets of Jagan and Chandrababu Naidu, the two key contenders for power in the state. In both cases, the Public Interest Litigations PILs) formed the basis for the court order. While the CBI has stepped up its probe into the assets of Jagan and his business links with the mining baron and the jailed former Karnataka minister G Janardhan Reddy, the investigating agency is all geared up to launch the probe into Naidu’s assets, allegedly amassed during his tenure as Chief Minister between 1995 and 2004. The case against Naidu is based on a PIL filed by the YSR Congress Party honorary president and MLA YS Vijayamma. Accusing Naidu of misusing power during his stint as CM, she sought action against him under Prevention of Corruption Act and Money Laundering Act. However, Naidu dismissed the charges as politically motivated to defame him. On the other hand, Jagan is facing a CBI probe following a PIL filed by some TDP leaders and a letter by senior Congress leader Dr P Shankar Rao who is now a minister in the Kiran Kumar Reddy Cabinet. New battleground In a fresh trend, the high court has been receiving a flood of petitions from high-profile individuals seeking to expose their rivals. In this case too, a senior IPS officer Umesh Kumar has sought a CBI probe into the properties of state DGP V Dinesh Reddy and his wife Kamala Reddy. Umesh, who is now the chairman of Godavari Valley Authority, alleged that the DGP had made a false declaration of his properties. The two senior IPS officers of 1977 batch are locked in a bitter ego tussle. Umesh had also challenged the elevation of Reddy as the state police chief.
	Mayawati: FDI decision meant to benefit Rahul’s foreign friends Shahira Naim/TNS Lucknow, November 26 The decision to allow foreign direct investment in the retail sector has been taken by the UPA government to benefit the foreign friends of Congress general secretary Rahul Gandhi, alleged Uttar Pradesh Chief Minister Mayawati here today. The CM said like the East India Company, Wal-Mart was being welcomed into the country and it would deal a death blow to the Indian economy. “Rahul Gandhi has lived and received education abroad. So he is thinking and behaving like a foreigner. Occasionally when he visits UP, he brings his foreign friends to visit the houses of poor people where they make fun of poverty,” alleged Mayawati. She claimed its because of mounting pressure from the Congress’ ‘yuvraj’ that the government has taken the decision to allow the FDI in the retail sector, which will benefit Rahul’s friends. Warning of stern action if the decision was not taken back at once, Mayawati declared that as long as she was the CM she would not allow any foreign company to enter the retail sector in the state here.
	'SP activists’ disrupt Rahul’s poll meet Tribune News Service Padrauna, November 26 An alarming breach of security was witnessed at the public rally here on the last day of Congress general secretary Rahul Gandhi 5-day visit to the state when “Samajawadi Party activists” entered the D raising slogans against the leader. Hurling pamphlets and raising slogans like “we are not beggars,” these half-a-dozen SP activists, wearing identical white T-shirts with anti-Rahul remarks written on them, moved towards the podium till they were held by the security forces. Three SP activists were detained for disrupting the meeting. After Rahul Gandhi left the venue, it was a free for all as the Congress and SP supporters clashed, breaking down cordons, smashing chairs and creating chaos at the rally venue in Padrauna in Kushinagar. Similarly, on November 14 at a public meeting in Phulpur near Allahabad, SP activists had barged into the security area seconds after Rahul Gandhi’s helicopter landed at the venue. Senior Congress leaders, including two Union Ministers Jitin Prasada and RPN Singh, had thrashed the SP supporter who later filed a complaint at the Jhunsi police station. At the Phulpur public meeting, Rahul had spoken of UP people going to Delhi and Maharashtra begging for livelihoods, a theme he has been reiterating repeatedly.
	Winter session FDI, other issues ‘overshadow’ Advani’s black money move Faraz Ahmad/TNS New Delhi, November 26 Exactly a week ago when BJP’s octogenarian leader LK Advani climbed the stairs of a podium at the Ramlila Grounds here, concluding his 40-day countrywide triumphant campaign against black money and secret foreign bank accounts, almost all the BJP leaders had piously declared their intent to obey his (Advani’s) diktat to carry on this fight against corruption in Parliament too. But a week later, Advani’s black money issue seems to have been overtaken by many other urgent matters. BJP president Nitin Gadkari announced today his party’s full support to the ‘Bharat Bandh’ called against the government’s decision to allow FDI in the retail sector. A day earlier senior BJP leader Murli Manohar Joshi announced that on Monday when Parliament reconvenes, he would move an adjournment motion against the FDI decision. Considering the indignation of parties both in the NDA and the Left as well as within the UPA, this issue may dominate the Lok Sabha proceedings on Monday and maybe another few days. Since the government has agreed to Advani’s adjournment motion on black money and secret foreign bank accounts, there is hardly any likelihood of the government agreeing to one more adjournment motion, specially since it has already persuaded the Left to discuss price rise under Rule 193, without invoking a division of the House. But in effect the BJP has already conceded ground to the government on Advani’s adjournment motion. Meanwhile, even the price rise debate has not commenced yet. To add to it is the Telangana issue which has seen repeated disruption of House proceedings. A political observer sympathetic to Advani felt that all that the old man achieved through his gruelling 40-day yatra has got lost among the multiplicity of issues coming up this session.
	Fog affects more than 60 trains New Delhi, November 26 Dense fog disrupted rail services across the country today affecting the movement of more than 60 trains. While 30 trains ran late by several hours, about a dozen were rescheduled due to thick fog along the tracks. Railways cancelled 21 trains, including Gondwana Express, Shiv Ganga Express and Jabalpur Express. Departure timings of many trains including Bhagalpur bound Garibrath Express and Vikramshila Express, Puri Express, Gaya bound Mahabodhi Express are being rescheduled. Bhubaneswar-Rajdhani is running late by 23 hours while Jabalpur Express is 15 hours behind schedule. Keeping the weather forecast in mind railways have announced cancellation of 28 trains from December 1. "These trains will remain cancelled till January 31, 2012," said a senior Railway Ministry official. — PTI
	Bhanwari case CBI grills Cong MLA’s brother Jodhpur, November 26 Parasram Bishnoi, his wife Kusum and sacked minister Mahipal Maderna's close associate Goverdhan were today grilled by the CBI in Bhanwari Devi disappearance case. Bishnoi is the brother of Congress MLA Malkhan Singh while Goverdhan has a stone kiln near here and the agency is trying to find out if they have played any role in the case, CBI sources said. The interrogation is underway at Circuit House here, sources added. The CBI has so far interrogated many people including Maderna, his wife Leela, MLA Singh, his sister Indira and brother-in-law in connection with the case. Thirtysix-year-old Bhanwari Devi, an auxiliary nurse midwife at a sub-centre in Jaliwada village, 120 km from here, is missing since September 1 and her husband Amar Chand has alleged she was kidnapped at Maderna’s behest. A CD allegedly showing Maderna in compromising position with Bhanwari had surfaced after she went missing from Jodhpur's Bilara area. Prime suspect Maderna was quizzed by the CBI for the third time yesterday for about four hours at Circuit House here. — PTI
	CID begins probe into Kishenji’s death Kolkata, November 26 West Bengal Police's Criminal Investigation Department (CID) today began a probe into the allegations that senior Maoist leader Mallojula Koteshwar Rao, alias Kishenji, was killed by the security forces in a staged shootout, a top official said. "Yes, a probe has been initiated. Whenever any high-profile criminal is killed in an encounter, such allegations do come up. So, we will investigate all the angles to find out if there is any truth behind the allegations," Deputy Inspector General (CID) K. Jayaraman told IANS. Telugu revolutionary poet and Maoist sympathiser P. Varavara Rao has alleged that Kishenji was "brutally tortured" in police custody before being killed in a "fake encounter" in the jungles of West Midnapore Thursday. "He was arrested day before Thursday. They cut him, burnt him, and then pumped bullets into him. There isn’t a single part of his body without an injury. They kept him in custody for 24 hours and tortured him," Rao alleged. A niece of slain Maoist leader Kishenji has identified his body at Midnapore Medical College and Hospital morgue. Deepa Rao identified the body as it was being prepared for a post-mortem in front of forensic experts. — IANS