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separate gurdwara panel for state
Wasn’t consulted on the matter: AG
Multiple plots: HUDA told to verify charges against Gupta
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Policy to regularise Class III, IV staff
HC raps Collector for
lambardar’s appointment
FDA suspends drug controller in graft case
Three die in freak accident on Murthal flyover
Kaithal Fort being restored to its lost grandeur
98 Haryanvis return from Iraq
Girl refuses to marry after boy’s demand for DJ
Fire breaks out at Nissing power station
Sahitya awards for 22 litterateurs
Miscreants run off with scooty
1 gets life term for raping mentally-challenged
Man held for raping minor
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separate gurdwara panel for state Geetanjali Gayatri Tribune News Service
Chandigarh, July 10 Sources said a Cabinet sub-committee constituted by Chief Minister Bhupinder Singh Hooda that met today to fine-tune the HSGPC Bill is learnt to have quoted court judgments and provisions of the Sikh Gurdwara Act, 1925, to arrive at the conclusion. The Bill is slated to be tabled on the first day of the monsoon session of the Haryana Assembly tomorrow. They said the Chattha committee report that recommended the formation of a separate gurdwara committee establishes that the Bill, after it is cleared by the Assembly, will only need Governor Jagannath Pahadia’s approval to formalise the HSPGC. “The committee was constituted to look into various constitutional provisions and framework of the Act. We have extensively deliberated on the issue and are of the opinion that the Assembly is competent to legislate on the formation of a separate SGPC in keeping with the aspirations of the Sikh community. Any such legislation only needs the assent of the Governor and does not require to be reserved for the assent of the President or the Centre,” sub-committee chairperson and PWD Minister Randeep Singh Surjewala said. Whether or not the Chattha committee report mentioned that the government should take the President’s assent, he refused to comment and did not give details of the grounds of such a decision. The government’s plan to pass the HSGPC Bill and get the Governor’s approval had hit a roadblock with the “discovery” of Chattha’s recommendation that the Bill be sent to the President for approval. After consultations with legal experts, the government decided to constitute a committee under Surjewala with ministers Aftab Ahmed, Geeta Bhukkal and Paramvir Singh as its members to find a “solution”. Chattha, having recommended that the state government seek the President’s approval in his report submitted in 2007, yesterday dismissed the suggestion and said the Assembly was empowered to form the HSGPC. Shiromani Akali Dal (SAD) leaders and the SGPC has been claiming that the Bill will need to be sent to the Centre for its nod and hoping they will stall it there, while the state government has been maintaining that the HSGPC can be formed once the Governor gives his approval. The Congress government is in a hurry to pass the Bill and get the Governor’s approval not only because its leaders want to fulfill a long-pending promise in view of the Assembly elections due in October, but also because the Governor is due to retire in the last week of July. He will be replaced by a Governor owing allegiance to the Bharatiya Janata Party (BJP) and this may impact the government’s plan. Setting the record straight
Randeep Surjewala, PWD minister |
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Wasn’t consulted on the matter: AG
Chandigarh, July 10 The Punjab Government has dubbed the move illegal; and Haryana Advocate General Hawa Singh Hooda says he has so far not been consulted on it. As both the states slug it out on political grounds, The Tribune looks at the legal aspects of the move. The background The SGPC’s history is almost a century old. Often dubbed as the “mini-parliament of the Sikhs”, it was created under the Sikh Gurdwara Act of 1925 for the upkeep of gurdwaras. In terms of Section 42 of the Gurdwara Act, it is a “body corporate”, having perpetual succession and a common seal. The committee can be sued in its name and can even sue others. This is not all. Punjab Advocate General Ashok Aggarwal says the SGPC is an “inter-state body” as defined in Section 72 of the Punjab Reorganisation Act, 1966, indicating that its jurisdiction extends beyond Punjab; and its members are elected from places beyond the state’s boundaries. The controversy
A section of legal eagles insist the move to set up a separate committee is in contravention with the provisions of the Reorganisation Act, as it affects the SGPC’s “inter-state” status. If all states covered under the Reorganisation Act were to come out with their own committees, the SGPC will no longer remain an inter-state body, they argue. Aggarwal also believes the Haryana Government’s move lacks legal sanctity as the state does not have the “legislative competence” to move a Bill in the Assembly for the creation of a separate SGPC. Referring to the Reorganisation Act, Aggarwal says the state governments cannot unilaterally meddle with it, as it is a central Act. Elaborating, he says the law makes it clear that a state can pass legislation on subjects contained in the State List. The state can even pass legislation on matters in the Concurrent List, but subject to the condition that no central law occupies the ground already. Before such a Bill becomes an Act, it has to go to the Governor and then to the President, who will look into its constitutional validity. Haryana’s stand
The Haryana Government, it seems, made the announcement without seeking the state Advocate General’s opinion in the matter. Refusing to comment on the issue, Hawa Singh Hooda says he is yet to go through the file. He says so far he has not been consulted on the issue, and he will furnish his opinion to the state government once he is asked to do so. Legal issues
Both Punjab and Haryana governments, it seems, are interpreting Section 72 of the Reorganisation Act on “general provisions as to statutory corporations” in their own way in an apparent attempt to substantiate their stands. The section, among other things, says “where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Punjab or any part thereof serves the needs of the successor States or has… become an inter-state body corporate, then the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central Government, until other provisions is made by law in respect of the said body corporate”. The Act goes on to say the provisions of this section would apply to Panjab University (PU), Punjab Agricultural University (PAU) Act, and the “Board constituted under the provisions of Part III of the Sikh Gurdwara Act, 1925”. It adds the successor states will “make such grants as the Central Government may, from time to time, by order, determine”, so far as the section relates to PU and PAU. The views
Former judge of the Supreme Court, Justice Kuldip Singh, says Haryana is legally competent to come out with its own SGPC. Whether the move is in the interest of the Sikh community is another issue, he says. “Section 72 talks of institutions and organisations operating in the entire area under the Reorganisation Act, and describes the SGPC as an inter-state corporation,” he says. Justice Singh says the position is to continue, and the central government can issue directions from time to time until other provisions are made by law in “respect of the said body corporate”. Punjab’s former Advocate General Gurdarshan Singh Grewal says sub-section 4 on grants makes it clear that a successor state can give grants as determined by the Centre. But the section talks of the two universities. “The SGPC is not covered in it,” he says, adding that the issue here is not of giving grants. “Apparently, Haryana is reading in the Act, something which does not exist. But this does not indicate that Haryana cannot come out with an Act on the issue. If the state wants to enact a law, it can, provided there is no contradiction with the existing law and the President’s consent is in place,” Grewal says. Expressing similar views, former Additional Solicitor General of India-cum-Haryana’s ex Advocate General Mohan Jain says the key issue is the President’s nod. “If the state wants to make a law, it has to ensure that the statute is not in contravention with the Central Reorganisation Act, and the law has the President’s approval after it has been framed. The consent will come only if there are no contradictions,” he adds. |
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Multiple plots: HUDA told to verify charges against Gupta
Chandigarh, July 10 As the multiple plot allocation case came up for resumed hearing before Justice Daya Chaudhary, the court was told Gupta was allotted more than one plot — one in his name and the other in his wife’s. HUDA’s current Chief Administrator refuted the allegations on the ground that Gupta has already furnished an affidavit saying he was not allotted more than one plot. Taking a note of the assertion, Justice Chaudhary called for the verification of facts. HUDA has already put the who’s who of the state government and police administration in the dock in the case. In a list submitted to the Punjab and Haryana High Court, HUDA named former ministers, MLAs and IAS and IPS officers, who allegedly procured more than one plot under reserved categories in urban estates in contravention of rules. Advocate for the complainant in the case, Dr Surya Parkash, has insisted the matter be handed over to the Central Bureau of Investigation (CBI), as proposed special investigation teams even at the district-level may not be able to get to the bottom of the case. The petitioner’s counsel, senior advocate Jasjit Singh Bedi, had in a previous hearing submitted that some HUDA officials may be involved in the matter, keeping in view the large number of multiple plots. He also argued that HUDA could not be expected to conduct a fair investigation, as it was one of the respondents in this case. The HUDA Chief Administrator had earlier told the court they had initiated the process of taking legal action against defaulters. “We have registered 325 FIRs against 379 complaints. There are as many as 188 defence persons out of 379 who have been issued more than one plot,” he had told the court. What the High Court said
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Policy to regularise Class III, IV staff
Chandigarh July 10 An official spokesman said under the Regularisation Policy for Group C and Group D employees, such an employee would be considered for regularisation even though original appointment or engagement might have not been made through the process of advertisement and interview and subject to satisfactory record. The post against which the regularisation is to be done should be a sanctioned vacant post at the time of initial appointment or engagement and also at the time of regularisation. Also, the reservation policy issued from time to time may be kept in view at the time of regularisation, he added. He said in case the roster meant for reserved category is consumed by general or other category, the next vacancy should be filled from the said reserved category or vice-versa. The seniority of employees so regularised would be fixed from the date of their regularisation. He said since the policy is a ‘one time measure’ on humanitarian grounds, no person would be entitled to claim it as a matter of right, if found unsuitable due to non-fulfillment of conditions mentioned in the notification. In future, no illegal or irregular appointment or employment on adhoc or contract would be made against sanctioned post, he added. The spokesman also
clarified departments might have sent their requisitions to fill vacant posts by taking into account anticipated vacancy and advertisements might have also been issued by state government recruiting agencies. |
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HC raps Collector for lambardar’s appointment
Chandigarh, July 10 The Collector had appointed a Muslim lambardar after taking into consideration their population in a village. He had observed the “population of Muslim community in the village is sufficient and already three lambardars from Hindu community are working. The people of other community could get their work done from them… it would be in the interest of justice if a candidate from such community having sufficient population should be appointed, so the people of that community may not to have depend on other lambardars for their work to be got done”. The order was passed in favour of Nawab Ali and he was appointed lambardar of Leda Khedar village in Chhachrauli tehsil. The order was eventually set aside by the Financial Commissioner and the matter was remanded to the Collector for initiating fresh proceedings for the lambardar’s appointment. Aggrieved, Ali filed the present writ petition. Dismissing the petition, Justice Rajan Gupta said: “No fault can be found with the reasons given by the Financial Commissioner. He came to the conclusion that reasons given by the Collector while appointing the petitioner were not only untenable but dangerous. He observed as there was communal harmony
and religious tolerance…. The Collector could not have based his findings purely on the basis of ratio of the communities in the village…. “The Financial Commissioner rightly allowed the revision petition and remitted the case to the Collector. The observations of the Collector are not only against law, but the spirit of the Constitution of India. He has tried to convey that only representatives of particular community would be accessible to that community. This is not the ground reality in the country. By no stretch of imagination, order can be justified…. “Any effort to justify an order which is against the spirit of the Constitution is unacceptable. It was expected of the Collector to be more cautious while passing the order. His conclusion that a person from a particular community would not be available to other communities and they would not be able to depend upon him, are unacceptable. It appears, the Collector got unduly swayed by the considerations of caste, community etc”. |
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FDA suspends drug controller in graft case
Fatehabad, July 10 GL Singh, Joint Commissioner (FDA) and Drug Controller, confirmed Chaudhary had been suspended. The process of declaring Chaudhary as a proclaimed offender (PO) has been initiated by a Fatehabad court. Inspector Bhupinder Sharma, in charge of VB police station at Fatehabad, said the next date of hearing is August 2, when the court could declare him PO. Earlier, the court had issued a written publication requiring Chaudhary's appearance in the case. The VB had booked Chaudhary under Prevention of Corruption Act on May 27 after his peon Mahinder Kumar, and a medical shop owner outside his office, were arrested while accepting a bribe of Rs 20,000, on Chaudhary's behalf. Chaudhary had demanded a bribe from medical shop owner Devki Nandan for giving an appropriate report after inspecting his shop. Chaudhary, however, absconded from his office and has since been evading arrest. The VB conducted raids in Hisar, Bhiwani and some other places, but he has not been traced yet. The case
Earlier, the court had issued a written publication requiring absconding Fatehabad Drug Control Officer Suresh Chaudhary’s appearance in the case. The VB had booked Chaudhary under Prevention of Corruption Act on May 27 after his peon Mahinder Kumar, and a medical shop owner outside his office, were arrested while accepting a bribe of Rs 20,000, on Chaudhary's
behalf. |
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Three die in freak accident on Murthal flyover
Sonepat, July 10 According to information, Gurgaon resident Gagan Deep and his wife Navneet Kaur were on their way to Panipat in the car. A Canter at the Murthal flyover hit their car from the rear. They came out from their vehicles and started arguing on the road. On seeing their quarrel on the road, Amit of Kishan Pura in Panipat and his friends Himanshu, Deepak and Nitin also stopped their car and tried to pacify Gagan Deep and Charanjit (Canter driver). Meantime, another
Canter, driven by Bhola alias Shivji, came and hit Charanjit’s stranded vehicle. With this sudden hit, Charanjit’s Canter knocked down Charanjit, Amit and others standing on the road. The injured were rushed to the local Civil Hospital by the police and the doctors declared Charanjit and Amit as brought dead and referred Bhola and his conductor to the PGIMS, Rohtak. However, Bhola also succumbed to his injuries on the way. Gagan Deep and his wife, Navneet Kaur, were referred to a Gurgaon hospital, whereas Himanshu, Deepak and Nitin were sent to a private hospital in Panipat.
— OC Three Ambala students die in bike-truck mishap
Ambala: Three students of Purewala village, close to Naraingarh, were killed in a road accident this morning. One of their friends also sustained serious injuries and was referred to the PGI, Chandigarh. The deceased were identified as Om Prakash, Kamal and Mukesh, all students of Class XI. All four students were on way to the school on a bike. When they were close to Danora crossing on the Naraingarh-Raipurrani road, a truck coming from the opposite direction collided with them. They were rushed to the local Civil Hospital, where they were declared brought dead. Another injured student, Lucky, was referred to Chandigarh. The truck driver managed to flee after the accident.
— OC |
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Kaithal Fort being restored to its lost grandeur
Kaithal, July 8 Deputy Commissioner NK Solanki, who has taken interest in the project, said local MLA Randeep Singh Surjewala arranged funds for the restoration of the historical monument that had been lying neglected for long. Situated on the banks of famous Bidhikiyar Pond, the fort is being repaired so that it does not lose its original shape. The lakhori bricks and lime are being used in repairing the damaged walls. Nathi Ram, who has undertaken the repair work, said that before starting the renovation work, he visited a number of historical buildings in Uttar Pradesh to learn about the technique used in maintaining such buildings. Executive engineer (XEN) Thakur Lal Sharam, who has been supervising the renovation work, said the building was being given final touches. “Lights will be installed in the building to have a better view of it during the night,” he said. “The Municipal Council is planning to invite artists for the inaugural function of the renovated fort,” executive officer Rohtash Bishnoi said. Shaking dust off history page
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98 Haryanvis return from Iraq
Chandigarh, July 10 On their arrival, 86 were sent home through Haryana Roadways buses, whereas 12 others went home themselves. Chief Minister Bhupinder Singh Hooda had urged Union Minister for External Affairs Sushma Swaraj to take steps to ensure safe arrival of the Indians, including those hailing from Haryana, who were either stranded or made hostages in the strife-torn Iraq. The state government had also set up a control room to function round-the-clock to gather information about those hailing from Haryana and stranded in Iraq. Back safely
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Kanda releases 1st list of candidates for poll
Chandigarh, July 10 Addressing a press conference here today, Kanda named his younger brother, Gobind, as the candidate from the Rania Assembly segment of Sirsa, while announcing that HLP vice-president Jai Singh Bishnoi would contest from the Nalwa Assembly segment, presently represented by Indian National Lok Dal leader-turned Congressman Sampat Singh. Ashok Buwaniwala, another vice-president of the HLP and a former media coordinator of Chief Minister Bhupinder Singh Hooda, will contest from the Bhiwani Assembly seat, while Ved Prakash Yadav (Ballabhgarh), Vijay Bhurthala (Kosli), Bharti Uklana (Uklana) and Umesh Sharma (Gohana) are the other candidates named by the party. Asked if he was in talks with other regional outfits, Kanda said all those parties which shared his vision and plan for the state were welcome on-board. “We will contest all 90 seats in Haryana and expose the Congress-Indian National Lok Dal nexus. There has been rampant corruption during the Congress rule. What really need to be investigated are the persons behind companies that have been granted CLUs,” he said, adding that he had taken no benefit from the Congress since they also thought he was close to the Chautalas. Kanda maintained that he was in favour of a separate SGPC for the Sikhs of Haryana but was critical of the Congress government for delaying the announcement for nine years. “This is just a ploy to garner votes,” he said. |
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Girl refuses to marry after boy’s demand for DJ
Narwana, July 10 An argument ensued between them, following which the groom did not accompany the marriage party to his would-be in-laws’ house. The marriage party reached Narwana around 9 pm, while the bridegroom reached there around 11.30 pm. By then, the bride’s family learnt about Ashwani’s theatrics. Infuriated, the bride refused to marry Ashwani. All efforts of relatives and the panchayat to convince the bridegroom and her family proved futile. “The marriage was not solemnised as bridegroom’s family failed to convince the bride and her family. No case has been registered. The police are investigating the matter,” Deputy Superintendent of Police (DSP) Narwana Puran Chand said.
— TNS |
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Fire breaks out at Nissing power station
Karnal, July 10 It took three hours for the fire officials to douse the flames, said the police. The incident took place due to sparking, said BS Pahuja, SE (transmission). He added a power transformer of 100 MV at the 220 KV substation caught fire at 4pm. SDM Sushil Sarwan and chief engineer from Panchkula, JK Juneja, rushed to the spot. Pahuja said supply to several villages under Jalmana, Sitamai and Dabri substations was affected due to the fire. “We are trying to rectify the problem so that power supply can be restored as soon as possible,” he said, adding the load of the substation was diverted to the other feeders.
— TNS |
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Sahitya awards for 22 litterateurs
Chandigarh, July 10 The Aajiven Sahitya Saadhna Samman would be conferred on Gopal Das ‘Neeraj’ whereas Haryana Gaurav Samman would be given to Kusum Khemani. Haryana Gaurav Samman (for 2012) and Aditya-Alhar Hasya Samman would be conferred upon Arun Jaimini and Ashok Chakrdhar. The Mahakavi Surdass Samman would be conferred on Madan Gopal Shastri and the Babu Balmukund Gupt Samman on Chandrakanta.
— TNS
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Miscreants run off with scooty
Sonepat, July 10 The victim, Umesh, whose wife runs an X-ray shop on the Sampla road, had lodged a complaint in the Kharkhoda police station. He stated that he was carrying the amount to deposit in the HDFC bank. The amount was kept in the tool box of the vehicle, parked outside the road. When he came out after sometime, he found it missing. A shopkeeper on the road informed that three car borne youths had loaded the Scooty in the car before leaving the spot. The police said all police nakas had been alerted and information passed on to the Delhi police.
— OC |
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1 gets life term for raping mentally-challenged
Sonepat, July 10 The court further ordered that in case of default of payment, the convict would serve an additional imprisonment of three years. On August 18, 2013, the girl’s father lodged a complaint in the Mohana police station stating that he along with his wife and daughter went to the fields in a three wheeler for bringing green fodder. He left his daughter in the three wheeler parked on the road. When he and his wife returned, they found the girl was missing. Meantime, they heard the cries of the girl from a nearby sugarcane field. On seeing them, the accused fled the spot. After registering a complaint against the accused, the police arrested him next day and the girl’s medical examination confirmed that she was raped. |
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Man held for raping minor
Yamunanagar, July 10 She said the victim’s mother, who is also accused of helping Arun in committing the crime, was still at large. The police got her statements recorded before a magistrate and got her medical examination conducted yesterday.
— OC |
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The committee was constituted to look into various constitutional provisions and framework of the Act. We have deliberated on the issue and are of the opinion that the Assembly is competent to legislate on the formation of a separate SGPC in keeping with the aspirations of the Sikh community. Any such legislation only needs the assent of the Governor and does not require to be reserved for the assent of the President or the
Centre