Bofors: govt against dropping Rajiv's name

NEW DELHI, Nov 5 (PTI) — The controversy over naming late Rajiv Gandhi as an accused in the Bofors pay offs case took a new turn today with the government opposing in the Delhi High Court the deletion of his name from the charge sheet filed by the CBI.

Even before the court issued any notice to the government and the CBI on a petition filed by an organisation seeking deletion of Rajiv’s name from the charge sheet, Additional Solicitor General (ASG) S.B. Jaisinghani and CBI counsel N. Natrajan, insisted on recording their presence and said "The petition has no merit and should be dismissed in limine".

The government stand assumes significance in the context of Home Minister L.K. Advani’s remark in the Lok Sabha last week that the government would do "what is appropriate" on the Congress demand for deletion of Rajiv’s name.

The government is also understood to have sought legal opinion on the Congress demand.

Mr Justice Cyriac Joseph, hearing the petition, allowed petitioner Rajiv Gandhi Ekta Samiti (RGES) time till November 18 to place before him entire record to show its "locus standi" to file such a plea in a criminal case.

Asked by the court why they wanted to record their presence even before issuance of the notice, they said: "We want to assist the court. The petitioner has given us prior notice."

The Judge said: "It is made clear that I have not issued any notice on the petition, the pendency will not come in the way of respondents (the Union Government and the CBI) taking any action and trial proceedings by the Special Judge."

The court said the petitioner should place before it the constitution, rules and regulations of the samiti to show how its rights were affected by inclusion of Rajiv Gandhi’s name in the charge sheet, filed by the CBI before the Special Court on November 22.

RGES counsel Vijay K. Shukla contended that under Section 482, the high court had powers to quash proceedings in any case before the trial court.

The RGES counsel replied in the negative when asked by the court whether it was a registered society, but said it had a constitution and framed rules and regulations.

During arguments, the Judge Joseph said; "I am not satisfied with the petition. Can anybody walk in the court to seek such a remedy? I am hearing of such an organisation (RGES) for the first time."

CBI in its charge sheet had placed Rajiv Gandhi’s name in "column two" saying "the accused is not sent for trial".

The petitioner contended that inclusion of Gandhi’s name in the charge sheet was "illegal" and "injustice" had been done to him as "there is no provision in law prevailing in India for filing of a charge sheet against a dead person."

It claimed that a dead person’s name did not fall in any of the nine categories mentioned in Section 173 (2) of the G PC relating to the persons who should be included in the charge sheet in a criminal case.

3 killed in school shootout

SRINAGAR, Nov 5 (UNI) — At least three persons, including an Assistant Sub-Inspector and a constable of the Jammu and Kashmir Police, were killed when unidentified gunmen opened fire during an examination at Wakoora in Baramula today.

Elsewhere in the valley two militants and two security personnel were among seven persons killed while two militants surrendered and another was arrested during the past 24 hours.

Official sources said unidentified gunmen resorted to indiscriminate firing on a police party doing examination duty at Wakoora school in Baramula district today. He said two police personnel, including an ASI and a civilian, were killed in the firing.

An official spokesman said security forces killed one militant each at Kote-Ranke and Ujhain during two different encounters last evening.

He said militants entered the house of one Qawam-ud-Din Peer a CID official and shot him dead while a surrendered militant Abdul Majid Lone was killed by militants in his Nilahpora Pattan house late last night.

He said unidentified militants killed Ghulam Hassan Chopan in his Kreeri house while a student Showkat Ahmad Ganai was killed at village Chhee in Anantnag last evening.

He said militants fired upon a search party at Kunzar near Tangmarg in Baramula district last evening resulting in the death of one security Jawan and injuries to another. The militants managed to escape.

Militants shot at and critically wounded a National Conference activist Gul Mohammad Khan at Chandapora Harwan this morning while two persons were injured when a hand grenade lobbed by militants on security forces picket exploded on the roadside after missing the intended target at Naqashpora in the down town city last evening.

He said two Pakistani trained militants surrendered along with arms and ammunition in Badgam while a militant was arrested along with one pistol,one grenade launcher four grenades and one magazine at Karla Bhagwa last evening.

HC gives 3 weeks’ time for appeal
Tribune News Service

CHANDIGARH, Nov 5 — The Punjab and Haryana High Court today stayed for three weeks the operation of its judgement handed down yesterday setting aside the appointment of the Punjab Lok Pal, Justice Harbans Singh Rai, to enable the Punjab Government to approach the Supreme Court against this judgement.

Mr Justice G.S. Singhvi and Mr Justice Mehtab Singh Gill, who handed down this order, however, clarified that the stay would operate only to the extent it pertained to the appointment of the Lok Pal.

The Bench, however, made it clear that the Lok Pal would not take any action against the petitioners — Pandit Balmukand, Mr Lal Singh, Master Jagir Singh and Mr Shamsher Singh Dullo, the last three ministers in the Beant Singh Cabinet — on the complaint pending before it or the report already submitted.

Earlier, a request was made by the Punjab Government to the Bench of staying the operation of the judgement as it planned to file a special leave petition before the apex court.

Opposing the request, counsel for the petitioners urged the Bench that since the petitioners were litigating against the Lok Pal, he should be restrained from proceedings with the complaints pending before him. He also requested the Judges that the state government should be directed that no action should be taken on the report sent to the Assembly under Section 16 of the Punjab Lok Pal Act.