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KOCHI: A Division Bench of the Kerala high court on Thursday passed an interim order regarding solid wastesegregation of Ernakulam district. The order was made after a two hour discussion with mayorTony Chammani, district collector PI Sheik Pareeth, 11 municipal chairpersons and secretaries in the district at the high court.
The bench that comprises justices PS Gopinathan and CN Ramachandran Nair directed the district collector to ensure that segregation of solid waste starts at the source itself. For this all local bodies should be equipped with dustbins and garbage boxes. The collection of garbage should be entrusted in the hands of local organisations like Kudumbasree.
Observing that vacant private plots in the district are becoming waste dumpyards, the bench asked the collector to make the owners of such plots accountable along with those who dump waste. Making available a space for dumping waste will affect the neighbourhood and hence the owners of such plots are responsible for the menace. The administration should ensure that the practice is stopped. Also vacant government plots can be identified for setting up waste treatment plants.
The interim order, that was made after a public interest litigation was filed by the Kerala Federation of Women Lawyers also directed Kochi Corporation to clean up the Brahmapuram plant and plant trees in an extensive mode in the areas close by.
Tony Chammany who met the media persons after the session with Division Bench told that he informed the bench about the difficulties in dealing with solid waste from neighbouirng local bodies.
“Brahmapuram plant is not capable to treat solid waste brought from other localities and I have informed this to the bench. Corporation has plans to expand the current plant but we are yet to identify a technology for segregating garbage. Until then it will be very difficult to cater the load projected by neighbouring areas,” Mayor said.
Later, the collector said that the sewage plant at Elamkulam would be upgraded to solve this problem to an extent. The plant, currently located at a nine-acre plot, is under-utilized, he said.
Express News Service , The New Indian Express
HYDERABAD: Arguments on the petition filed by the CBI opposing bail to former APMDC director VD Rajagopal, an accused in the illegal mining case, concluded in the High Court on Wednesday.
Justice NRL Nageswara Rao reserved his orders till December 26. The Special Court for CBI cases had granted bail to Rajagopal last week but suspended its order after a CBI plea.
CBI’s counsel Kesava Rao urged the High Court not to release the accused as he would influence and threaten the witnesses. “Grant of bail to the accused would jeopardise the ongoing investigation. The CBI wants to complete the probe at the earliest but the magnitude of the case has forced it to take more time. The ill-gotten wealth running into thousands of crores of rupees has to be recovered.,” he said.
Rajagopal’s counsel Padmanabha Reddy wondered if his client had no right to get bail till completion of the investigation. Already, a charge sheet was filed and the CBI itself had stated that no irregularities had taken place in extraction of ore at but its probe related to illegal transportation of iron ore.
Express News Service , The New Indian Express
CUTTACK: The Odisha High Court on Wednesday ordered fresh elections to all the State-run cooperative societies. Upholding the amendment made to the Odisha Cooperative Societies Act, the court directed� the State Government to frame the rules within three months.
�A division bench of Justices BP Das and SK Mishra ordered elections to all cooperative bodies in six months. Till the new elected bodies are constituted, the HC order said, the old ones shall continue. This will automatically mean that the Government-nominated bodies will now stand quashed.
By strength of an amended law of the Cooperative Societies Act, the Government had nominated executives to as many as 90 cooperative bodies in September this year. The HC order shall apply only to those bodies for which writ petitions were filed.
�The HC maintained that the provisions as amended were not ultra vires of the Constitution.
�The directives came in response to multiple writ petitions filed by Ranjita Kahali and others who were the elected directors of various cooperative banks. They had challenged the amendment to the election rules as well as the Government notification appointing the committee on various grounds.
Earlier, the HC had reserved its verdict after hearing the parties in 24 writ petitions and verifying the records.
�The petitioners had stated that there was no election for a long time and pursuant to the direction of the court, the elections of the managing committees were held and the new bodies took charge. While the elected bodies were functioning, there was no necessity for the Government to take such a decision which was illegal and arbitrary.
�The petitioners had alleged that after the amendment, the Government nominated the committee members hurriedly. Indicating other circumstances, the petitioners had appealed to the court to quash the amendment as well as the notification appointing the new committees.
HIV-hit thalassemic kids: HC orders FIR
The Gujarat High Court on Thursday ordered the state government to register an FIR against authorities responsible for the incident where 23 thalassemic children were found infected with HIV in September this year allegedly due to negligence of staff at the Junagadh Civil Hospital and the blood bank there.
A division bench comprising acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala passed the order on a petition jointly moved by a group of 23 parents of these children.
Demanding action against those responsible in the episode, parents of the affected children had approached the HC earlier this month after their complaints to the concerned police authorities and the district superintendent of police were not registered as FIR.
In their petition, the parents stated, “…due to gross negligence and violation of regulatory requirements, blood infected with HIV positive was infused into the children/patients by doctors and staff of the hospital and the blood bank.”
The petition is being heard by the court simultaneously with a PIL in the same incident that demands free medical treatment and compensation for the affected children.
The state government opposed the petitions. An affidavit by the principal secretary (public health) P K Taneja stated that the affected children might have got HIV infection from sources other than the blood bank at the Junagadh Civil Hospital. The affidavit also detailed the steps taken by the state government following the incident.
However, the affidavit did not pass muster with the HC, which ordered the state government to file another affidavit next week with more details to substantiate its claims and first register an FIR on the complaints given by the parents of the affected children.
Advocate Girish Das, who appeared for the petitioners, said, “The state government told the court it has carried out an inquiry into the incident. However, the court rejected the submissions while ordering it to first register FIR before carrying out any inquiry or investigation.”
Further hearing on the petitions has been scheduled for December 29.
PTI Dec 23, 2011, 01.35AM IST
NOIDA: The Noida Authority on Thursday met banks and residents affected by the SC order banning commercial units in residential plots to devise a solution to the problem. Banks requested an amendment in the city’s master plan allowing mixed land use, however Authority officials said they needed time for such policy changes.
Officials also requested banks to approach the SC for an extension to shift from the residential plots.
“We don’t want to move to a far flung commercial space. The relocation process or any policy level change undertaken by the Authority will take time, which was our primary demand,” said Rohit Sapra of Noida Residents Bank Association.
The banks have requested the Authority for a letter stating more time is needed to effectively deal with the situation so that they can approach the apex court.
“Neither the Authority nor residents can approach the SC. Therefore, banks are the only affected party who can plead for an extension,” said an Authority official.
PARADIP: The Chairman of National Commission for SC and ST, PL Punia, has summoned Jagatsinghpur Collector Narayan Chandra Jena and SP S. Debdatta Singh for personal appearance on December 27 in connection with the Kujang firecrackers explosion case.
�As Kujang police have been silent on the issue even a month after the incident,� State Dalit Association president Ashok Biswal and Jagatsinghpur Ambedkar Association president Manoj Bhoi had sought the intervention of the National Commission for Scheduled Castes/Scheduled Tribes seeking proper inquiry into the explosion besides compensation to the injured persons and kin of the deceased.
�Though two persons of Balrampur village had lodged an FIR against the accused, Kujang police are yet to act against those involved. Police have, however, registered a case against the owner of firecracker manufacturing unit.
�The Collector, meanwhile, said he is yet to receive any letter from the Commission� for appearance but the administration has already requested the State Government to compensate the victim families and steps have been taken for the purpose.
�Meanwhile, IG (Crime Branch) Susant Nath visited Kujang police station and inquired about the probe status. He also visited the spot at Kujang bazaar where the explosion took place in November.
New Delhi, Dec. 22:
The Additional Solicitor General of India, Mr Mohan Parasaran, has taken a view that a clear direction should be sought from the Supreme Court on the legality of the Telecom Ministry’s decision to advance the cut off date for applying for new 2G licences from October 1, 2007 to September 25, 2007.
The case relates to an appeal filed by STel, one of the new players who did not get licences in all the areas they applied due to the change in the cut off date. While the Delhi High Court had quashed the Ministry’s decision to advance the cut off date, the Supreme Court did not give a clear ruling as STel pulled out its appeal.
“In the light of the facts that the matter was not heard on merits, it would be improper to sustain the High Court’s findings and therefore a clarification of the Supreme Court’s order is necessary for clearly bringing out the legal anomaly that is created by the Supreme Court’s observation of not interfering with the High Court’s findings with regard to the cut off date,” Mr Parasaran said in response to a query from the Department of Telecom.
STel had applied for 22 circles but was given licences only for 6 areas on grounds that its application for the other 16 circles was made after September 25, 2007. STel challenged the decision and sought that the decision to advance the cut off date from October 1 be quashed. The Delhi High Court ruled in favour of the company and quashed the press release issued by the Telecom Ministry through which it had announced the change in cut-off date. The Government challenged this decision in the Supreme Court. But even as the hearings were going on Stel withdrew its appeal on grounds that market situation had changed and it agreed with the Government’s decision. As a result, the Supreme Court dismissed the entire case. According to Mr Parasaran this has created an anomaly on the legality of the issue.
Published: Thursday, Dec 22, 2011, 11:55 IST
By Team DNA Updated: Friday, Dec 23, 2011, 1:21 IST
By Rakesh Bhatnagar
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The court of additional sessions judge, MG Chilbule, on Wednesday sentenced a 23-year-old youth to 6 years’ rigorous imprisonment for molesting a minor girl. The court also slapped the convict with a fine of Rs1,000.
The incident took place on July 15, 2007. According to the prosecution, Rahul alias Babu Ashok Shinde of Yerawada, not only outraged the modesty of the minor girl from the same locality, but also used derogatory language as the victim belonged to a Dalit family.
On July 15, 2007, Shinde tried to stop the victim on road while she was going home with her nephew. But when the girl did not stop, Shinde dragged her to a vacant plot and molested her. Disturbed by this incident, the victim stopped eating properly.
During the trial, two eyewitnesses told the court that one month before the incident, Shinde had misbehaved with the girl near Regional Mental Hospital gate and said that since she belonged to the Dalit community, no one could dare to question him.
Swimming coach commits suicide
Unable to deal with rejection from a girl, a 26-year-old swimming coach, Suyog Rajaram Shinde, committed suicide by throwing himself into a stone quarry on Vetal tekdi. He was a resident of
Deccan Gymkhana and worked as a swimming coach in a city-based five-star hotel.
Police inspector (crime) SB Navle of Chatuhshrungi police station said they found a suicide note in his truosers. Navle said Suyog had been missing since December 14 and his family had registered a missing person’s complaint with the Deccan police.
J&K sex scandal: Victim turns hostile, gives clean chit to six accused
Guwahati, Dec. 22: Benjamin G. Momin was 15 when they sent him to jail instead of a juvenile home. Having spent his entire youth as an undertrial, Momin, now 27, is still waiting for someone to hear his voice.
Behind the high walls of Guwahati Central Jail, Momin lives in a world of his own, dreaming of justice, which remains a far pavilion.
The plight of the juvenile delinquent, who has spent 11 years in jail pending trial, came to light when he wrote a letter to Gauhati High Court Chief Justice A.K. Goel on December 3, pleading for speedy trial and claiming that gross injustice had been meted out to him.
“I was only 15 years old when I was arrested in January 2000 and since then I have been in jail without any education. My family is very poor and can’t afford a lawyer. Sir, I have spent almost half my life behind the bars and have no idea about my future. Every hour and every day I am waiting for someone to hear my voice and help me,” Momin said in his letter.
I shall ever remain thankful to you if your honour kindly looks into the matter and imparts justice to me,” he added.
He has sent copies of the letter to district and sessions judge, Kamrup, Rumi K. Phukan and the chairperson of Assam Human Rights Commission, Aftab Hussain Saikia.
In his letter, of which The Telegraph has a copy, Momin says despite being a minor when he was arrested in 2000, he was sent to jail instead of a juvenile justice home.
Two certificates — one issued by the school where he studied and the other his birth certificate issued by the Nagaland government — submitted in court mentions his date of birth as May 2, 1984.
According to court records, Momin, who hails from Mendipathar in East Garo Hills district of Meghalaya (it is not known where Momin’s family lives now) was arrested in January 2000 from Dimapur in Nagaland, where he was studying in Assembly of God High School, in connection with a robbery and murder case registered at Boko police station in Kamrup district of Assam on November 7, 1999.
The district and sessions court, Kamrup, where the case came up for trial in 2005, had written to the headmaster of the school and the director of the department of economics and statistics of Nagaland to verify that the documents submitted by Momin were genuine.
The court, where the case (sessions case number 287-K) is still pending, is awaiting the two replies.
Md Mehdi Hassan, a lawyer who visited Momin in jail a few days ago, said, “If the certificates submitted by him are genuine then gross injustice was done to him. According to the law, juvenile delinquents cannot be sent to jail and they should be shifted to juvenile justice homes or observation homes because they are yet to attain adulthood.”
Hassan said before making any such arrest, the police need to make every effort to ascertain if the criminal is a juvenile.
There have been allegations that the police often arrest juvenile delinquents, ignoring documentary proof of their age put forward by their families. The children are sent to juvenile homes only after the fact is established in court.
When asked about Momin’s trial pending in court for so many years, another lawyer, requesting anonymity, said, there is a Supreme Court judgment on the right to speedy trial.
He said a long-pending trial was unjust as it brought uncertainty and anxiety in its wake and this inhibited an undertrial from making future plans or executing present ones. His confidence starts to erode and at the end of the trial, even if he is honourably acquitted, the scars remain.
“He feels condemned despite the acquittal,” the lawyer added.
Dec 22, 2011, 11.02PM IST
DIBRUGARH: The court of district and sessions judge, Dibrugarh, has ruled that the case against Congress legislator from Moran Jibantara Ghatowar, pertaining to submission of forged documents while filing nomination papers during the 2006 assembly elections, will continue.
In a judgment on November 18, the court observed that there was sufficient ground to presume that the accused had committed an offence u/s 199/471 of the IPC. In 2006, the complainant, Dayananda Borgohain, a rival candidate of Ghatowar, had moved the Dibrugarh CJM court (case no 123 c/2006), challenging that she had shown a false affidavit at the time of filing nomination papers before the returning officer for the election using forged documents as genuine.
According to the complainant, Ghatowar had mentioned that she appeared in the HSLC examination from Chinamara High School in 1979 whereas school records say she left the school in 1975. The legislator, who is the wife of Union DoNER minister Paban Singh Ghatowar, had submitted a photocopy of an admit card wherein it was shown that she appeared in the HSLC examination from the school in 1982.
The principal of Chinamara High school, Dilip Sarma also deposed before the court that the accused studied in his school till 1975 and there was no record of her appearing in any examination from that school after that.
Significantly, the judgment of the court assumes importance as a compromise was reached between the petitioner and respondent and the complainant agreed not to proceed further with the case and withdraw the same from the CJM court Dibrugarh. Sessions judge NK Bora, in his recent judgment, stated that in the event of non-appearance of the complainant in the course of trial, the court will pass an appropriate order in due course of time.
Hailing the judgment, AGP candidate Sunil Rajkonwar, who contested against Jibantara Ghatowar in the 2011 assembly polls from Moran, said the legislator should step down immediately on moral grounds in view of the recent circumstances.
“Being a representative of people, it is unbecoming on her part to resort to falsehood and deceit. She should honour the sentiments of the public and resign immediately. Even before the last assembly elections, I had appealed for disqualification of the Congress candidate,” Rajkonwar said on Thursday.
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Chennai, Dec 22 (PTI): Uneasy over prospects of Chennai Metro-Rail operating just 33 feet below their homes, residents of parts of George Town and Seven Wells areas in North Chennai have moved the Madras High Court, seeking restoration of the original alignment of the Metro Rail. When the petition filed by George Town Building Owners Welfare Association came up for hearing today, Justice N Paul Vasanthakumar issued notice to the Centre and Tamil Nadu government and Chennai Metro Rail Limited (CMRL). Submitting that a modification in alignment has brought these densely populated areas in the corridor of metro-rail, the association claimed that between 3,000 to 5000 houses would be affected due to the deviation. The association feared the giant tunnel boring machine operating about 33 feet below its members’ homes would pose a grave danger to the lives of those occupying the buildings. CMRL in a Nov 28 last notice directed owners and tenants in these areas to close existing and abandoned bore and open wells within a restricted zone of 16.5 metres on either side of the proposed alignment. The petition claimed CMRL’s plan to use the chemical, Bendrite, to compress loose soil surrounding the underground railway line would block water sources, besides depriving residents of bore and open wells. Seeking to forbear authorities concerned from proceeding further on the proposed alignment, the petitioner wanted a Court direction on restoration of the original alignment via Old Jail Road and Prakasam Road. CMRL said the average depth of the tunnel would vary from 15 to 17 metres from the rail level with a 6.2 metre outer diameter and 5.8 metre inner diameter. The tunnel will start from a depth of nine metres from the surface level. The tunnel boring machines are designed to bore the without disturbing the buildings, CMRL said. PTI GR APR APR
R-ADAG execs move HC against framing of charges
Three top executives of Reliance ADAG on Thursday moved the Delhi high court challenging the trial court order framing charges against them in the 2G spectrum case. Justice V K Shali asked the executives–group managing director Gautam Doshi, senior vice-president Hari Nair and group
TNN Dec 23, 2011, 04.16AM IST
AHMEDABAD: The Nanavati Mehta Inquiry Commission probing the 2002 post-Godhra riots will submit its final report by March 31, 2012. During hearing on a PIL seeking details on the status on the commission, the state government produced a letter from the panel stating that it will submit its report by the end of March.
The submission was made by government pleader P K Jani before a Gujarat high court division bench of acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala. Last week, the court had asked the state government to find out from the two-member commission if it had got an extension and when it would be submitting its findings.
The direction was issued on the basis of a PIL filed by Jignesh Goswami through his advocate K G Pandit. Goswami in his petition had sought to know whether the commission has applied for extension of its term, and if yes, was the state government ready to grant it.
On Thursday, the government pleader submitted the letter from the commission. It says that the commission is likely to submit its report by the end of its extended term, which is March 31, 2012. Jani also informed the court that on December 20, the commission’s term, which was to end on December 31, was extended till March 31. This is the 17th extension given to the commission since its inception in March 2002.
After hearing the response from the commission and government, the HC bench said they would wait till March 31, and if no report is submitted by then, the matter would be taken up in first week of April for appropriate orders.
The petitioner had sought details on the grounds that public money to the tune of Rs 6.37 crore has been spent on the commission since its inception in March 2002.
The petitioner has said that even after more than nine years, and 17 extensions, it has only submitted an interim report in September 2008, but not given its final report, neither has it informed the state government or the people of Gujarat when it intends to submit the final report, he added.
Published: Thursday, Dec 22, 2011, 22:27 IST
By DNA Correspondent
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LUCKNOW: The Lucknow bench of the Allahabad High Court on Thursday directed a chemical factory owner to refrain from running the factory, following gas leakage on January 28, 2011, which had claimed six lives and injured 10 persons.
The order was passed by a division bench comprising Justice Abdul Mateen and Justice SK Saxena on the PIL filed by Uttam Kumar Gupta and others. The PIL demanded compensation to the victims’ families and action against the factory – Amit Hetrochem Labs India Ltd, Hardoi – for violating the provisions of the Environmental Protection Act. On Thursday, the court was apprised that the factory was going to run its business, which is not just. However, the owners of the factory contended that they were shifting to Gujarat.
TNN 08:12 PM,Dec 22,2011
New Delhi, Dec 22 (PTI) The Delhi High Court today rejected an IRS officer’s plea against his transfer to Ranchi as the Income Tax Commissioner saying that there was no allegation of “mala fide” against the finance minister who took the final decision. “We thus do not find any merit in the challenge by the petitioner to the transfer order or to the order of the Tribunal. We accordingly dismiss the petition,” a bench of Acting Chief Justice A K Sikri and Justice R S Endlaw said. The court’s order came on the petition of S K Srivastava, a 1987 batch IRS officer, challenging the order of the Central Administrative Tribunal (CAT) which upheld the departmental decision to transfer him from Delhi to Ranchi after promoting him as Commissioner of Income Tax on July 14. Srivastava made allegations of “malice and mala fide” against one of the three members of the placement committee of the IT Department and moreover, the final decision to transfer him was taken by the finance minister against whom no such plea was made, the court said. Justice Endlaw, writing the judgement, upheld CAT’s order saying, “We are unable to find any perversity or illegality in the said finding of the Tribunal. The allegations of malice and mala fides are only against Prakash Chandra, chairman of CBDT, who is but one of the members of the placement committee. “The other two members of the placement committee as aforesaid are also high ranking officers and against whom there is no allegation or whisper of being inimical to the petitioner save for general blaming the entire department, if not the world. Moreover, the placement committee is but to make the recommendation. The competent authority to affect the transfer is the finance minister and there are no allegations of mala fides against him.”
Express News Service , The New Indian Express
BANGALORE: Emblems identify on organisation, they are different from logos which can be used and traded by companies who have registered them. Emblems and Insignia, however, create a more permanent association in the minds of the public with the organisation using them. These and more points were raised at the unveiling of four emblem suggestions for the Judiciary and Government of Karnataka on Wednesday.
These emblems have been suggested by the Human Relevant Research Institute and feature the words ‘Constitution of India’ prominently on top along with ‘Government of Karnataka’ at the bottom and ‘High Court of Karnataka’. The emblems were revealed by G Dakshinamurthy, Chairman of Centre for Law and Parliamentary Reforms along with J R Bangera, President, Federation of Karnataka Chambers of Commerce and Industry (FKCCI) and other dignitaries, at a workshop on social responsibility.
“Symbolism exists in two facets, what is plainly shown and what is implied. Emblems identify a organisation that is why we believe it is important to standardise emblems especially for government bodies,” said� Dakshinamurthy.
“It is an intellectual exercise, the choice is upto the government and the court now. Logo’s can be sold or traded but an emblems will last as long as the organisation,” said J R Bangera.
The day also saw the release of a comprehensive album on emblems used by various organisations in the state. This directory will provide a roadmap through the maze of organisations that exist in the state for members of the public interested in such exercises.
“I hope the authorities accept these emblems, they will bring uniformity,” said HKV Reddy, Former President of Rotary Club.
A Brigadier’s promotion has been stalled by the Armed Forces Tribunal (AFT) on a petition alleging that the officer was harassing a lieutenant-colonel by transferring him to a post to allegedly destroy his career.
Earlier this week, the AFT Kolkata branch passed an interim order, directing the ministry of defence not to take any decision on the promotion of Brigadier P.S. Rathore till the case is resolved.
Rathore is currently serving as deputy judge advocate general (DJAG), HQs south western Command, and was tipped to be the next judge advocate general (JAG) of the Indian Army. JAG is the legal and judicial chief of the army and the branch has legally qualified army officers extending all legal help to the military.
The AFT will resume hearing in February, 2012, on the petition filed by Lt-Colonel Mukul Dev.
A frustrated Dev moved an application to the AFT after a court of inquiry, constituted to decide on his arbitrary transfer and harassment case in 2009, failed to take any punitive action against Rathore, allegedly responsible for hampering the junior officer’s career growth.
The brigadier was earlier indicted in the court of inquiry but got away without any punishment. In his application to the AFT, Dev alleged that the court of inquiry had been manipulated by senior officers and that his transfer was a calculated move to harm his career prospects and harass him.
The probe had found six officers “blameworthy” but only four officers were handed down punishments and two brigadiers – U.K. Chopra and Rathore – were let off.
Not satisfied with verdict, Dev filed a statutory complaint with the defence ministry in October, 2009. The ministry, in its proceeding notes, conceded that there has been a violation of the principle of law ‘equity of justice’.
“Other officers have either been punished lightly or have been left untouched altogether,” the MoD observed.
Earlier in 2008, Lt-Col Dev was transferred to the JAG branch as an assistant JAG but he allegedly became the victim of unfair treatment by senior officers. While he was on ‘adequately exercise’ (AE) – a tenure which would have enhanced his prospects for promotion, a transfer order was served by Chopra (P&A) of HQ central command forcing a legal professional to do an administrative job.
“I was on mandatory AE period and was surprised to receive such a letter. When I approached Rathore to seek a clarification in this regard, he expressed his ignorance about the matter and advised me proceed to a new appointment location and not to disobey or challenge the order of transfer,” Dev said in his petition.
Major-General (Retd) Nilender Kumar, former judge advocate general of the Indian Army, said Dev’s transfer was wrong. “It was non-utilisation of a professional and also hampered the career of the junior officer. Rathore acted on his own with the support of MS branch, central command. This was an improper action and calculated to harm the career of the officer,” Kumar added.
Though court of inquiry found Chopra and Rathore blameworthy, no opinion was extended to punish any officer for the lapses. After the court of inquiry was abruptly closed, Dev was asked to rejoin the JAG branch in August 2009. He was served a showcause notice vide HQ central Command.
Shrewd BJP’s balancing act
The BJP will move an amendment to Lokpal Bill calling for model legislation for the creation of Lokayuktas in states under Article 252 of the Constitution. Under this, if two or more states pass resolutions asking Parliament to regulate a state list matter, the Parliament can invade the state list. Other states too can then pass resolutions to come under the Central law.
Leader of Opposition Sushma Swaraj said the party supported this provision in the interest of the federal structure, rather than making a provision under Article 253, which would make Centre’s law binding on states. But BJP’s dissent note before the Standing Committee on Law and Justice had suggested a law under either Article 252 or 253.
The BJP has sought to benefit politically from the civil society’s anti-graft campaign, while silently steering clear of some of their more extreme demands. It has, however, tactically highlighted points of convergence.
The party had watched from sidelines as Team Anna attacked the government in its early days of the agitation. As Hazare’s fast at Ramlila Maidan reached a crescendo, the party sought to wrest political advantage by first backing his three key demands for the fast to end.
Even when it made its position clear before the standing committee, it had some differences with Team Anna, which it publicly reduced to a subtext: Team Anna’s demand to bring MPs’ conduct in Parliament under Lokpal or giving Lokpal the power to tap phones.
The party struck middle ground by pushing for a second appeal for a separate grievance redressal mechanism, rather than pushing for the citizens’ charter under Lokpal. It, however, converged with Team Anna on the PM’s inclusion.
The party has disagreed strongly on minority quota within Lokpal. Swaraj said there was no Constitutional validity of religious quotas; the “not less than 50% quota” clause would make quota breach the court’s 50% cap in the nine-member body; and there are no quotas in Constitutional bodies.
It will also move amendments for Group C staff to be under Lokpal and for freeing the CBI from government and bringing it under Lokpal’s supervision.
Nitin Sethi, TNN