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Wednesday, December 15, 1999
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Bathinda DC, SSP shifted
Tribune News Service

CHANDIGARH, Dec 14 — Taking serious note of the resolution passed by officers of the Bathinda district against a minister, the Punjab Government today transferred both the Deputy Commissioner Mr S.R. Ladhar, and the Senior Superintendent of Police, Mr Harnek Singh Saran, with immediate effect.

The new Deputy Commissioner is Mr Jaspal Singh and the new Superintendent of Police is Mr Jatinder Kumar Jain. While Mr Ladhar swaps place with Mr Jaspal Singh and is posted as Additional Secretary, Finance and Additional Managing Director, Punjab Tourism Development Corporation, Mr Harnek Singh is appointed S.P. Special Investigation, Crime, in Chandigarh, in place of Mr Iqbal Singh, whose posting orders are yet to be issued.

Mr Jain, who goes to Bathinda, was S.P. City, Amritsar.

This development is a sequel to the December 9 resolution signed by 11 IAS, IPS and PCS officers of Bathinda, who protested against the “misbehaviour” of Mr Sikandar Singh Maluka at a meeting in Bathinda that day. The resolution, inter alia, had also alleged that Mr Maluka was trying to “hush up” an enquiry ordered into embezzlement of huge sums of money in the Irrigation Department. The enquiry had been ordered by the Chief Minister. That enquiry is being conducted by the D.I.G. Ferozepore range, Mr Hardip Singh Dhillon, and the Superintending Engineer, Canals, Mr Sukhmandar Singh.

But what seems to have prevailed upon the Chief Minister, informed sources said, was not so much the allegations against the minister but the “protocol lapse” in seating of the MLAs at the meeting of the District Development Planning Board and other committees, one on grievances and the other on roads, over which Mr Tota Singh, a Cabinet minister, was presiding. Moreover, it is the “conduct” of the bureaucrats which has angered the Chief Minister.

The passing of the resolution is being interpreted as a “violation” of the conduct rules amounting to trade union activities or wrong judgement. Moreover, the appending of signatures by the Subdivisional Magistrates is also being seen in the context that as subordinates to the Deputy Commissioner these were procured. “Why should the SDM of Rampura Phul be signing the resolution”, the Chief Minister had wondered.

There was hectic activity in the corridors of power here with the political executive and the bureaucrats engaged in discussing collectively and separately on the issue, which is the first of its kind and unprecedented. Several MLAs also pitched in.

In fact the Chief Minister was approached by several ministers and MLAs, who sought action against the bureaucrats. Unconfirmed reports say that the Chief Minister may have been offered resignation by the minister concerned to pave the way for an impartial enquiry action.

Sources close to the Chief Minister told TNS that how could anyone “influence” the Chief Minister and pressurise him to “hush up” the enquiry when he himself had ordered such an enquiry. “I am under no pressure whatsoever”, he is believed to have remarked sarcastically. He even said MLAs as per the protocol were a rank above the Chief Secretary. The administration should have been more sensible in making the seating arrangements.

It is learnt that the aspect related to “conduct” of the minister himself is being separately looked into by the Chief Minister personally.
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SAD meeting stayed
Tribune News Service

KHARAR, Dec 14 — The Kharar Civil Judge (Junior Division), Mrs Seema Dhillon, today restrained the Shiromani Akali Dal and its President, Mr Parkash Singh Badal, along with other defendants, from holding the Working Committee meeting on December 15. The Civil Judge also issued notice to the defendants for December 17.

The order were passed today afternoon on a suit filed by a S.A.S. Nagar resident and Akali worker, Col Jasmer Singh Bala. Colonel Bala had sought “perpetual and mandatory injunction” restraining the defendants from holding the meeting of the SAD’s Working Committee as, according to the constitution of the SAD, it was allegedly a defunct body. He had added that Mr Kirpal Singh Bdunger had no authority to call the meeting as he was working as OSD to the Chief Minister.

Meanwhile, in a similar suit filed by an MLA, Mr Ravi Inder Singh seeking directions against Mr Parkash Singh Badal’s acting as the SAD President, the Chandigarh Sub Judge (Junior Division), Mr Mahender Singh, today issued dasti notice for December 15. The Civil Judge also permitted the publication of the notice in newspapers.

Taking up the case at 10 a.m. sharp, the Chandigarh Civil Judge initially issued the notice for 3 p.m. Fresh notice was, however, issued for tomorrow after counsel for the plaintiff informed the court regarding the non-service of the same.

Counsel stated that the party office was closed “for the very first time to avoid the service”. The process server, the counsel added, was not permitted inside the Chief Minister’s residence.

Placing on record a news report’s copy regarding the filing of the suit, the counsel stated that the entire suit had been faxed to the defendants. The opposite counsel had also been informed, he added.

Claiming the absence of a “valid legal right”, the plaintiff had sought “declaration to the effect that the defendant had become `functous officia’ as the SAD President since August, 1997, and could not act as the party President”.

In his 13-page suit against the SAD and Mr. Badal, the MLA had stated that the president of the party and the district Jathas had to be elected by the general house annually. The defendant elaborated was “elected President in mid-1996 when the first meeting was held”. A general House meeting, he added, was held in July-August, 1997, but no new president was elected.

Mr Ravi Inder Singh had further added that the Election Commission “had already issued a notice to the defendant and the party secretary to hold fresh enrolment”. The SAD secretary, he had claimed, had written to the Chief Election Commissioner for extension of time, but no reply had been received so far.

The MLA also sought a “declaration to the effect that the SAD Working Committee had overlived its tenure of two years and could not act anymore”.

Counsel for the plaintiff had also sought directions against the calling of the Working Committee’s meeting on December 15 through “newspaper report”. They had added that the same could not be called by “just issuing a press statement”.

Our Correspondent adds from Patiala: Mr S.K. Arora, Civil Judge, on Tuesday issued notices to the Shiromani Akali Dal (Badal), its Political Affairs Committee, its President, Mr Parkash Singh Badal, and its working committee for December 16 on a suit filed by Mr Prem Singh Chandumajra, former MP, seeking a stay on the SAD Working Committee meeting tomorrow and challenging his expulsion from the party in March this year. In the suit, he has also questioned the legal status of the Political Affairs Committee and presidentship of Mr Badal.

Mr Chandumajra has appended with affidavits copies of the SAD’s constitution, and Mr Ravi Inder Singh’s suit against a show-cause notice served on him, claiming that his expulsion from the SAD in March this year was ‘illegal’, ‘inoperative’, ‘ineffective’ and ‘unenforceable’.

Mr Chandumajra also filed a suit seeking a declaration that he continues to be a primary member of the Shiromani Akali Dal and hence should be reinstated as General Secretary of the party as the Political Affairs Committee had no authority to order his expulsion.
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Mattoo case: CBI to move HC

NEW DELHI, Dec 14 (PTI) — The CBI Director has commenced an inquiry to ascertain whether there were any lapses in the agency’s investigation of the Priyadarshini Mattoo rape-and-murder case, particularly whether any attempt was made by anyone to shield the accused, the Lok Sabha was informed today.

“If any lapses have occurred, then action will be taken against those responsible for such lapses,” Minister of State for Personnel Vasundhara Raje said in a suo motu statement.

The Minister said an appeal would be filed in the Delhi High Court “at the earliest” against the verdict of Additional Sessions Judge G.P. Thareja acquitting prime accused Santosh Kumar Singh.

The Judge had also passed severe strictures against the CBI for the manner in which it had carried out the investigation.

“I have been informed by the CBI director, and he has said so in public, that after carefully studying the judgement and consulting legal officers, including the Special Counsel who had been appointed for the case, he has come to the conclusion that there are sufficient grounds to appeal against the acquittal of the accused,” she said.

Ms Raje said the Judge having felt compelled to pass strong strictures on the quality of investigation as well as prosecution “is a matter of grave concern”.

On the CBI decision to appeal against the acquittal, she said that was the route the law prescribed.

“As the House knows, there is a constitutional bar against a person being tried twice for the same charge. The authority to review the judgement which has been delivered lies with the appellate court. While doing so, the court can also ask for aspects of the event being investigated again”.

Ms Raje said: “But naturally, the concern of the House as well as of the government goes beyond this terrible and tragic death.”

“We have to take steps to ensure that there are no occasions in the future for any of us — much less the courts — to be struck by apprehensions of this sort.”

She said government had advised the CBI Director to strengthen the investigating and prosecution abilities of his organisation.
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