The Tribune, Chandigarh, India

Brig Surinder Singh’s appeal for change of AFT Bench dismissed
Vijay Mohan/TNS

Chandigarh, March 29
The Punjab and Haryana High Court has held that it does not have powers of superintendence over the administrative functioning of the AFT. The court gave the judgment while dismissing former Kargil Brigade Commander Brig Surinder Singh’s plea seeking change of the Armed Forces Tribunal (AFT) Bench hearing his case.

“This court has power of judicial review in respect of the judicial decisions of the Tribunal. However, it would have no power of superintendence in respect of its administrative functioning in view of Article 227 of the Constitution,” a Division Bench comprising Justice SS Saron and Justice SP Bangarh ruled. “This court has limited jurisdiction of judicial review in respect of the decisions passed by the Tribunal under Article 226 of the Constitution,” the Bench added.

Brig Surinder Singh had moved the High Court after the AFT, which is hearing his case pertaining to the termination of his services for allegedly mishandling classified documents during the 1999 conflict, rejected his plea for a change of the Tribunal’s Bench. He had contended that the Bench’s administrative member, Lt Gen NS Brar, could be biased against him as he was a close associate of another war time commander, Brig Devinder Singh, with whom he had a clash of interest over the scope of intrusions by Pakistan troops and issues pertaining to handling classified information.

Stating that ordinarily it is open for the High Court, in exercise of its power of superintendence, only to consider whether there is an error of jurisdiction in the decision of the Tribunal, the Bench observed that the High Court in exercise of its power of superintendence under Article 227 can rectify an error but it cannot withdraw a case from a Tribunal and dispose of the same.

Brig Surinder Singh’s counsel MP Goswami had contended that it could not be treated as unreasonable for a litigant to expect that his matter should not be heard by a particular judge and that there was a reasonable fear and apprehension in the petitioner’s mind that he would not get fair treatment.

Senior panel counsel for the Union of India Gurpreet Singh on the other hand contended that the High Court did not have the jurisdiction to transfer cases pending before the petition as it is barred by Article 227 of the Constitution.

The Bench also held that not every suspicion felt by a party must lead to the conclusion that the authority hearing the proceedings was biased.

No power over AFT functioning: HC

This court has power of judicial review in respect of the judicial decisions of the Tribunal (AFT). However, it will have no power of superintendence in respect of its administrative functioning in view of Article 227 of the Constitution
— Division Bench of Punjab & Haryana HC

5 die in Mumbai factory blast
Tribune News Service

Mumbai, March 29
Five people were killed and seven others were injured in an explosion at an illegal factory near the Mumbai airport, police said.

According to information available from the police and fire brigade, the incident occurred around 2 am today when a vacuum machine used to manufacture aluminium moulding exploded suddenly. The impact of the blast caused the wall of an adjacent house to collapse on its occupants, police said. The dead have been identified as five members of a family. Their names have been given as Savka Patel (55), Bharati, (32), Ganesh Patel (25), Manisha (15) and Neha (13).

No headway in Bengal panchayat poll row
Subhrangshu Gupta/TNS

West Bengal Panchayat Minister Subrata Mukherjee at Raj Bhawan in Kolkata on Friday. PTI

Kolkata, March 29
The differences between the state government and the state Election Commission over the conduct of panchayat elections could not be settled even after Governor MK Narayanan’s separate meetings with state Election Commissioner Mira Pande and Panchayat Minister Subrata Mukherjee at the Raj Bhawan today.

After her meeting with the Governor, Mira said the Election Commission team had convinced Narayanan about the need for booth-wise deployment of Central forces for ensuring free, fair and peaceful poll. “We also conveyed to him our resentment over the government’s disregard for the EC’s Constitutional position and power to conduct elections,” she said.

But Panchayat Minister Mukherjee told mediapersons after his meeting with the Governor that they were sticking to their stand.

“We have already reversed some of our decisions as demanded by the EC. But in no case will the demand for providing 800 companies of paramilitary forces during the polls be met,” he said.

He said the state government would wait for one or two more days for the EC to act in the “right direction” and announce the poll process.

“If the EC continues to be adamant, the state government will take its final decision on Monday - a decision that may not be palatable to the EC,” the Panchayat Minister warned after his meeting with Chief Minister Mamata Banerjee.

Lokayukta’s Appointment
Keshubhai’s party seeks Anna’s intervention to block amendment Bill
Manas Dasgupta

Ahmedabad, March 29
The newly-formed Gujarat Parivartan Party of former Chief Minister Keshubhai Patel has requested social activist Anna Hazare to intervene and prevent the Modi government from pushing through an official amendment Bill to install a “toothless” Lokayukta in the state.

GPP general secretary Gordhan Zadafia has written to Hazare to visit the state before April 2 when the proposed Lokayukta Amendment Bill is expected to be taken up and voted in the state Assembly.

Zadafia described the state government’s move to amend the Lokayukta Act unconstitutional, saying a curative petition challenging the Supreme Court’s rejection of its review petition questioning the appointment of Justice RA Mehta, a retired judge of the Gujarat High Court, as the Lokayukta was still pending in the apex court.

India set to miss RTE Act March 31 deadline
Aditi Tandon/TNS

New Delhi, March 29
The country is set to miss the March 31 deadline for meeting the infrastructure, teacher training and qualification norms as prescribed in the Right to Education (RTE) Act.

For one in four schools in the country has not even met the basic infrastructure requirement mandated by the law - provision of a toilet. At the national level, only 64.80 per cent schools have separate toilets for girls and boys. This at a time when studies have shown that lack of toilets is the biggest hindrance getting girls into schools.

Further, there is slow progress on provision of ramps for the disabled children. Since the Act was notified on April 1, 2010, only 61.63 per cent of all elementary schools (classes I to VIII) in India have provided ramps on their premises.

Progress on drinking water norm has been satisfactory with 94 per cent schools complying. But even here, the quality of water provided remains an issue.

The situation is even worse in terms of teacher training, with 8.6 lakh untrained teachers still in the system. Under the Act, the National Council for Teacher Education had prescribed minimum qualifications for existing teachers, requiring states to ensure they are upgraded by March 31, 2013 and the teachers’ vacancies are filled. But even today there is 30 per cent vacancy in India. Of 52.2 lakh sanctioned posts of teacher, 11.8 lakh are lying vacant, HRD Ministry’s data shows.

Thirteen states (Assam, Manipur, Meghalaya, Nagaland, Tripura, Bihar, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Odisha, Uttarakhand, UP and West Bengal) have approached the government requesting relaxation in norms so as to train teachers in the distance mode. That approval has been granted. Maximum number of untrained teachers are in West Bengal (1.97 lakh), Bihar (1.86 lakh), Jharkhand (77,000) and J&K (31,000).

With schools failing to meet even the most basic of infrastructure requirements that the RTE Act mandates, the government is now staring at litigations considering people can move courts seeking their children’s admission to neighbourhood schools as a right at ages 6 to 14.

The irony is that despite knowing the fact that most states will miss the deadline, the HRD Ministry hasn’t considered amending the law and extending the deadline.

Book showcasing Punjab’s art and culture released
Himani Chandel
Tribune News Service

Marshal of the Air Force Arjan Singh releases a book titled “Punjabiyat” during a function in New Delhi on Friday. Tribune photo: Manas Ranjan Bhui

New Delhi, March 29
The history, culture, festivals, geography and folk art of Punjab have been put together by Col Jasbir Singh Khurana (retd) in his latest book “Punjabiyat” that was released in New Delhi today by Arjan Singh, Marshal of the Indian Air Force.

The book seeks to remind Punjabis about ‘Punjabiyat’ — something that they seem to have forgotten “as they are blindly following what others are doing,” said Col Khurana (retd).

Commenting on the evolution of Punjabis, Kuldip Nayar, veteran Indian journalist, in his foreword to the book, writes, “Punjabis living abroad are true representatives of Punjab. They speak Punjabi and stick to ‘Punjabiyat’. However, Punjabis of Punjab in India are the worst. They have forgotten their roots and mix Punjabi with other languages.”

“I studied in Lahore and learnt English with great difficulty as it was customary to speak English in the Air Force. So now, neither can I speak English nor Punjabi with full proficiency,” Marshal Arjan Singh wittily said while releasing the book. “But this book is so well written that even I can understand every word,” he added.

The book’s structure and its depth of study make a unique contribution to Punjabi culture. It presents, in a concise and attractive format, all the aspects of the state’s art and culture.

Giving insights about the book, 85-year-old Col Khurana (retd) said that the state’s residents are known for their dashing, daring and dynamic qualities. “Known throughout the world for their down-to-earth approach to problems that they are confronted with, they take on adversity with a positive attitude of taking it as it comes,” said the author.

He said that the book sums up the way Punjabis think and do things.

“The wonderful quality of us Punjabis is that we get together in all good and bad times. We should not forget this,” added Marshal Singh.

“Punjabiyat” is the third book written by Col Khurana who is passionate about history. He retired from the 8th Gorkha Regiment in 1970.

Mumbai Bomb Blasts
After Dutt, pardon spotlight on another convict
Shiv Kumar/TNS

Mumbai, March 29
With scores of celebrities lining up to get the Maharashtra Governor pardon actor Sanjay Dutt who has been convicted under the Arms Act for possession of illegal weapons during the communal riots of 1992-93, the focus is now turning on septuagenarian Zaibunnisa Kazi whose family wants her to be pardoned as well. Kazi was also sentenced to five-year imprisonment by the Supreme Court.

Zaibunnisa’s daughter, a city-based designer, says her mother has sought pardon from the Maharashtra Governor. The woman has also received the backing of Press Council of India chairman Markandey Katju who says she too deserves pardon like Dutt.

Zaibunnisa’s daughter has told television channels that her mother deserves to be pardoned more than the actor. “I wish I was a celebrity or my mother was a celebrity or a sister of an MP. Even my mother would have got the kind of support Sanjay Dutt is getting. If it is on humanitarian grounds then why only Sanjay Dutt, why not Zaibunnisa,” she said in one of the interviews.

After the appeal by Zaibunnisa’s daughter, celebrities are also coming in to support her. Filmmaker Mahesh Bhatt, who has been a vocal supporter of Dutt, has come out in support of Zaibunnisa. Bhatt has advised Zaibunnisa’s daughter to file a review petition and if that does not work appeal to the President of India for mercy. Zaibunnisa (75) is ailing and has been recently operated upon for a tumour in kidney. She is undergoing treatment and needs to undergo medical tests every few months, claims her daughter.

“My mother is not a criminal and has no association with the underworld. She knew Abu Salem as a real estate agent and he would come to our house in that connection. My mother didn’t even know that he had left a bag at our place,” Zaibunnisa’s daughter has been quoted as saying. Zaibunnisa was convicted of keeping weapons used in the bomb blasts at her residence on the basis of testimony of one of the bombers who turned approver.

CBI probe into murder of CPI (ML) leader sought
Bijay Sankar Bora
Tribune News Service

Guwahati, March 29
Life was disrupted in eastern Assam districts and tea estate belts in the state due to dawn-to-dusk bandh called by the CPI (ML), protesting “political murder” of one of its popular leaders Gongaram Koul by unidentified miscreants on Tuesday night inside Panitola tea estate in Tinsukia district.

All the business establishments kept shutters down during bandh hours in the main cities of eastern Assam including Tinsukia, Dibrugarh and Jorhat while public transport vehicles were off the road, disrupting surface communication in the area.

The bandh hit operations in tea estates in Panitola and neighbouring areas.

The slain CPI (ML) leader had earned many enemies of late due to his tirade against corruption in government welfare schemes at panchayat level, especially in respect of anomalies in public distribution system.

Koul, 43, also associated with the Assam Sangrami Chah Shramik Sangha, had contested the 2009 Lok Sabha election from Lakhimpur as well as Assembly election from Chabua LAC in 2006 and 2011.

The CPI (ML), which has rejected Assam chief minister Tarun Gogoi’s offer of a CID inquiry into the murder, called for a CBI probe into it, terming it a “political murder”.

One of the two FIRs lodged at the Panitola police station even named Congress MLA from Chabura constituency Raju Sahu — also a parliamentary secretary in the Gogoi government — as one of the accused.

Not only the CPI (ML) but nine other opposition political parties barring the BJP also described it as a political murder and alleged the hand of local Congress MLA Raju Sahu in it.

Sahu, meanwhile, has denied his hand in the killing of Koul and has also called for a CBI inquiry to find out the real culprits. The Congress legislator termed slain Koul as an “old friend” and expressed shock at his murder.

A delegation of 10 political parties on Thursday marched to Raj Bhavan here, demanding a CBI inquiry as also a compensation of Rs 25 lakh to the family of the deceased.

The parties, in a memorandum to governor JB Patnaik, stated Koul was murdered because he had exposed numerous corrupt practices in implementation of various schemes under the local village panchayat.

IIMs want government funds to better campuses, attract foreign students
Aditi Tandon
Tribune News Service

New Delhi, March 29
Keen to attract foreign students, the Indian Institutes of Management have urged the Ministry of Human Resource Development for funds to raise campus residential facilities to international standards.

The premier management institutions also plan to hold road shows in important destinations abroad to showcase what they have on offer. For financial support for the shows they are in talks with the Human Resource Development Ministry and dates of the road shows will soon be announced.

These two issues were discussed in detail at a meeting held here recently between Human Resource Development Minister MM Pallam Raju and chairmen of the Board of Governors and directors of all IIMs, including the six newly established ones.

The Human Resource Development Ministry has decided to take up the demands of the Institutes to help IIMs attract faculty from abroad — an area that’s of concern to the IIMS considering they don’t have as many foreign students as they want despite their high global reputation. One of the challenges on this front is dearth of decent residential facilities.

The Indian Institutes of Management are extremely concerned over lack of finances to compete globally and improve their research output.

To resolve this issue, all IIM directors have petitioned the Human Resource Development Ministry to consider the possibility of allowing them to set up an endowment fund on the lines of the ones existing abroad.

In the meeting held with Raju, IIMs also demanded tax breaks for any industry or person making donations to public funded institutions.

The Human Resource Development Ministry will take up the issue of endowment fund and tax sops with the Ministry of Finance.

Research links mobile phone use to salivary gland cancer
Aditi Tandon/TNS

New Delhi, March 29
Prolonged use of mobile phones can harm saliva secreting glands situated right under the ears, increasing the risk of salivary gland cancer. New research has found increased salivary flow in people with excess mobile phone use and warned against day and night users of cell phones.

Oral medicine and radiology experts agree to trends and say they are now witnessing many more cases of overuse of salivary glands which will, in the long run, function poorly due to increased stress caused by vibrations from cell phone use.

Oral medicine and radiology expert Neha Koshal, who has done a lot of research on saliva, says saliva is the most important but the most underestimated bio fluid which needs to be paid attention to.

Pointing to the new nationwide research conducted in Israel and published in the American Journal of Epidemiology that showed increased salivary flow in long time mobile phone users, she says, “Though this study is yet to be fully established, it showed overstressing of salivary glands in people who used cell phones more than the others in the research population. An overstressed gland is prone to atrophy in turn increases the risk of cancer.” Similar studies have been conducted in Finland, Denmark and Sweden.

Saliva production needs to be taken seriously for other reasons too. Its importance in diagnoses of high-risk diseases is now being increasingly recognised the world over with the US Food and Drug Administration testing a diagnostic method wherein saliva can be used to detect HIV virus.

“Blood samples are difficult to collect but saliva can be collected without syringe pricks,” says Koshal, who gave standards for mouth opening and tongue protrusion in oral medicine through her research recently. “Saliva tells tale of the body,” she says, “but the language it speaks needs to be deciphered. Nowadays saliva is back in focus for being a good tool to detect HIV, heart, kidney, cancer and dental problems. It can sound timely warnings for smokers and alcoholics.” Saliva can help unravel the mystery of crimes like rapes. “Dried saliva marks can be used for DNA analysis and criminal identification,” Koshal says.

Experts say saliva receives minimal attention until its quantity and quality diminish. “We have forgotten the advice of our grandparents to chew food slowly and allow saliva production. Saliva is a major antiseptic disinfectant but when we forget to chew, we fail to produce enough if it. Rural populations are better on this front,” Koshal says. Saliva is now gaining attention in medical labs for being a useful, non-invasive diagnostic tool with many properties over fluids like blood. Even in endocrinology, tests have been developed to measure body hormones present in saliva to help assess sexual activity, mood evaluation, pre-menstrual depression, ovarian function and risk of preterm labour.

In a moisturised mouth, saliva helps in speech delivery.

Health hazard

New research has found increased salivary flow in people with excess mobile phone use and warned against day and night users of cell phones

Experts say they are witnessing a spurt in cases of overuse of salivary glands which will, in long run, function poorly due to increased stress caused by vibrations from cell phone use