The Tribune, Chandigarh, India

SC refuses to stay HC order quashing sub-quota
Directs AG to file additional documents today
R Sedhuraman
Legal Correspondent

New Delhi, June 11
The Supreme Court today refused to grant any immediate relief to the government on the 4.5 per cent sub-quota for the minorities, observing that no material had been provided justifying the decision to tinker with the 27 per cent reservation for the other backward classes (OBC) in educational institutions.

A Bench comprising Justices KS Radhakrishnan and JS Khehar directed Attorney General GE Vahanvati to file additional documents by tomorrow so that the Centre’s appeal against the May 28, 2012, verdict of the Andhra Pradesh High Court on the issue could be taken up on June 13.

The HC had struck down the December 22, 2011, memorandum carving out 4.5 per cent sub quota for the minorities from the 27 per cent reservation for the OBCs ahead of the Assembly elections in five states, including Punjab and Uttar Pradesh.

As the SC Bench declined the plea for an interim stay of the HC order or issue notice on its appeal, the AG suggested that at least the Indian Institutes of Technology (IITs) be allowed to go ahead with counselling providing for 4.5 per cent sub-quota for the minorities. The counselling could be subject to the outcome of the government appeal, the AG said. The apex court, however, did not accept this request as well.

The Bench observed that the government had provided for the sub-quota without conducting any survey or referring the proposal to the National Commission for Minorities or any other such body. “We would have been happy if you had consulted any of the minorities’ commissions,” the Bench said.

If this trend was allowed the “government might carve out another 4.5 per cent for somebody else, again without any material, without any study and without any report,” the Bench said.

However, the AG said there was no need for referring the matter to the minority commissions as the apex court itself had clarified in the Indira Sawney case that the government had the power to offer such quotas. The court said no document substantiating the government stand had either been provided to the HC or the SC.

When the AG sought to find fault with the HC verdict, the SC Bench said it was not proper to blame the HC as the government had not produced the relevant documents to the HC.

Apex court says

n No material had been provided before the court justifying the decision

n Declines request that IITs be allowed to go ahead with counselling providing for 4.5 per cent sub-quota for the minorities

n The govt had provided for the sub-quota without conducting any survey

HC will decide on Gujjar quota, says Gehlot

Dausa, June 11
Rajasthan Chief Minister Ashok Gehlot today said his government is not in a position to grant reservation to the agitating Gujjar community as the matter pending is before the High Court.

"I on my level cannot give reservation to Gujjars because we will have to go by the legal procedure only, for which we are with the community. The matter is in the High Court and the court has to take a decision on this," he said.

The Chief Minister blamed the previous BJP government for the ongoing agitation as it had passed a bill providing five per cent reservation to Gujjars and other castes and 14 per cent quota to the economically backward class.

"This was done despite the fact that this 19 per cent reservation was exceeding the constitutional limit of 50 per cent, hence being legally challengeable. It was BJP which took faulty decision in regard to reservation to Gujjars," he said.

The High Court stayed the quota Bill in 2010 and directed the Congress government to prepare a survey report on the backward castes and submit it to the OBC commission. Gehlot was speaking at a public function to commemorate the 12th death anniversary of former Union Minister and Gujjar leader Rajesh Pilot. His comments come a day after Gujjar leader Kirori Singh Bainsla put off his sit-in (Mahapadav) over the issue of reservation for a few days in view of the function. — PTI

AP cancels mining lease to firm of Jagan’s kin
Suresh Dharur/TNS

YSR Congress Party chief Jagan Mohan Reddy at Chanchalguda Jail in Hyderabad on Monday. — PTI

Hyderabad, June 11
The jailed YSR Congress Party president and MP YS, Jagan Mohan Reddy, received another jolt today when the Andhra Pradesh Government cancelled the mining lease to a company owned by one of his family members. The CBI has filed a petition in the court, seeking permission to conduct narco analysis test on Jagan and his auditor Vijay Sai Reddy, alleging that they were not cooperating in the custody.

A day before the polling for the crucial byelections in the state, the government issued orders cancelling the Bayyaram Iron Ore mining lease awarded to Rakshana Steels Limited owned by Jagan’s brother-in-law Anil Kumar.

The lease for exploring and mining of iron ore, spread over 1.41 lakh acres in Khammam and Warangal districts of Telangana region, was awarded to the steel company when Jagan’s father late YS Rajasekhar Reddy was the Chief Minister between 2004 and 2009.

Mounting troubles

n A day before the polling for the crucial byelections in the state, the government issued orders cancelling the Bayyaram Iron Ore mining lease awarded to Rakshana Steels Limited owned by Jagan’s brother-in-law Anil Kumar

n The CBI in its petition alleged that Jagan and his auditor Vijay Sai Reddy were not cooperating in the custody and so it was important to conduct a narco test on the duo

n The CBI Special court on Monday extended the judicial custody of Jagan till June 25 in the disproportionate assets case

Child labour prohibition law still a paper tiger
Aditi Tandon/TNS

New Delhi, June 11
More than 25 years since the Child Labour (Prohibition and Regulation) Act 1986 came into existence, only 13 states and UTs have framed state rules required for its implementation.

This fact is recorded in the latest Report which the Working Group on Human Rights (WGHR) for India and the UN submitted to the UN Human Rights Commission for India’s second Universal Periodic Review of human rights that ended this June 30.

“Based on the information available from central and state government websites, even after 25 years since the enactment of Child Labour Prohibition law, 13 out of 35 states and UTs have framed state rules for its implementation. These include Bihar, Delhi, Goa, Gujarat, Haryana, Karnataka, Madhya Pradesh, Odisha, Punjab, Rajasthan, Tamil Nadu, and West Bengal, with rules framed between 1988 and 1997. Recently, only Meghalaya drafted state rules, but is yet to notify them,” the report says.

This explains the poor implementation of the law and why India has the highest number of child labourers globally. The report adds that the majority of child labourers in India are Dalits, many surviving on less than $1 a day.

The situation remains alarming, with estimates saying India could have anywhere between 8 million and 60 million child labourers. No wonder, most of the 80 countries that participated in India’s UPR this year asked it to abolish all forms of child labour.

But Attorney General Ghoolam Vahanvati, who represented India at the UPR, said, “While the government is fully conscious of the issues pertaining to child labour, it does not have a magic wand to address it.”

Activist Miloon Kothari, who convened the WGHR, says, “India’s stand is oblivious to the fact that the legal scenario in the country has changed. Being at school and not at work is now a fundamental right for children aged 6 to 14 years under the Right to Education Act. The logical corollary is for GoI to revisit its stand and amend the Child Labour Prohibition Act.”

Presidential poll
After Trinamool, SP keeps Cong guessing
Anita Katyal
Our Political Correspondent

New Delhi, June 11
After the Trinamool Congress, it was the turn of the Samajwadi Party to keep the Congress guessing on its stand on the Presidential election as both parties are pressing the Centre for a bailout package for their respective states.

While reiterating his demand for an economic package for Uttar Pradesh today, Samajwadi Party leader Mulayam Singh Yadav made it clear that the UPA government should not take its support for granted.

Stating that his party would take a view on the Presidential election after the UPA firms up its decision, the SP leader effectively ruled out the elevation of Vice-president Hamid Ansari when he stated that the top constitutional post should not be held by a bureaucrat.

“The Presidential elections have not been announced yet. There are no candidates. We will decide on whom to support after considering the merits and demerits of candidates in the fray,” he said addressing a press conference after the party’s parliamentary board meeting.

Simultaneously, West Bengal Finance Minister Amit Mitra today met Finance Minister Pranab Mukherjee to discuss the financial package for the state. Trinamool Congress chief and West Bengal Chief Minister Mamata Banerjee has indicated her support for Mukherjee, a frontrunner in the Presidential race, would be forthcoming if the package offered by the Centre is up to her satisfaction. There was a glimmer of hope today as Amit Mitra maintained that the meeting with Mukherjee was positive though the discussions are still continuing.

Congress sources said though discussions on the West Bengal package had been going on for the past two years, Mamata Banerjee was using the upcoming Presidential election to pressurise the UPA government to release the funds she wants for her state. Party spokesperson Manish Tewari, however, dismissed suggestions of any quid pro quo for the Presidential poll.

Party insiders said the Congress is in no hurry to name its Presidential candidate, stating that it could even be as late as June-end, close to the last date for filing nominations. Prime Minister Manmohan Singh is out of the country and will be back only by June 23. In any case, it was stated, there will be no official word till the formal notification for the election is issued by the Election Commission.

New CEC says focus on curbing money power
Tribune News Service

New Delhi, June 11
Sharing his ideas on the conduct of elections in the country, newly appointed Chief Election Commissioner (CEC) VS Sampath said electoral reforms along with curbing use of money power would be his top priorities.

Sampath, who today took over as the 18th CEC, replacing Dr SY Quarashi, is slated to conduct the next Lok Sabha polls in 2014 besides a string of Assembly polls in 2013 in Gujarat, Himachal Pradesh, Nagaland, Tripura and Meghalaya. Talking to mediapersons minutes after taking over, he said, “Use of money power disturbs the level playing field and vitiates the purity of the elections.”

Shipping board seeks CISF cover at key ports
Tribune News Service

New Delhi, June 11
Taking a futuristic step to protect the huge revenue earning maritime interests of India, the National Shipping Board wants the Central Industrial Security Force (CISF) to protect major ports. It has also sought a specialised cadre of officers, like the Railways, to handle work of the Shipping Ministry.

About 95 per cent of India’s international trade by volume and 70 per cent by value is carried on by ships, with very little going through air. The few land routes to China, Pakistan and Bangladesh are largely symbolic and apparently do not even matter in the context of the Indian economy.

The NSB, a body that guides shipping, at its meeting in Mumbai on May 31, made the pitch that the 45 ports have private security. The time has come for the CISF to step in. NSB member Sandeep Chandra confirmed to the Tribune that the NSB wants the CISF to take over. This will be on the same pattern as the CISF deployment at Indian airports and also several critical government and private installations. The ports are major sources of revenue for the country and in the coming years, the expansion of bulk trade has to be through the sea route, hence the need to take the step, Chandra said.

It looks like the timing of the NSB demand could not have been better. The Ministry of Home Affairs has created 1,000 additional posts as the CISF is in great demand at thermal plants, Delhi metro and private institutions like Infosys.

Mystery plane creates a flutter at Jodhpur

New Delhi, June 11
A mystery civilian plane, which first landed in Karachi before flying to Jaipur, was detained in Jaipur after it flew unscheduled over the sensitive Jodhpur base of the Indian Air Force.

The incident occurred last night. Later, the plane was allowed to go on its onward journey.

Besides being a fighter aircraft base, Jodhpur is also home to the 12 Corps of the Indian Army. T-90 tanks and Arjun tanks are based there.

The plane, a turbo-prop Dornier-228, was on a chartered flight from Muscat to Bangkok. It had scheduled re-fuelling stops at Karachi, Jaipur, Dhaka and Bangkok.

There were only four persons on board, including Kenyan pilot Ibrahim Hun. The pilot is being questioned by the IAF, Army and Intelligence Bureau while the plane is being checked for any high-resolution camera or equipment to relay images. The fight data recorder (FDR) of the plane is also being examined. The pilot claimed that he had deviated due to a fault in the global positioning system (GPS) on board the plane. — TNS

CPM seeks CBI probe into ‘Coalgate’
KV Prasad/TNS

New Delhi, June 11
The Communist Party of India (Marxist) today demanded that the government order a “full and through’’ probe by the CBI and fix responsibility in the coal block allocations following adverse observations by the CAG on it.

Days after the PM’s Office rejected Team Anna’s demand to set up a Special Investigation Team to look into ‘coalgate’, issue, the CPM termed ad “not credible’’ the government’s response on the subject.

At the end of a two-day central committee meeting that ended here, the CPM general secretary Prakash Karat said the CAG reports found the process of allocation of coal blocks to various companies as “faulty’’.

“This has resulted in huge profits for private parties and massive loss of revenue to the government. The CVC has already referred the matter to the CBI for investigation. The response of the Prime Minister’s office [social activist Anna Hazare] to the allegations on the allocations is not credible,” Karat said at a press conference.