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Monday, July 20, 1998

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Cauvery waters issue: Jaya warns PM of dire consequences
CHENNAI, July 19 (PTI, UNI) — AIADMK supremo Jayalalitha today fired yet another salvo at the BJP-led government at the Centre threatening it with "disastrous consequences" if the gazette notification on the draft scheme for the implementation of the Cauvery tribunal’s interim order was further delayed.
"I am bound to caution Prime Minister Atal Behari Vajpayee that if his government further delays the notification on the scheme, the consequences will be disastrous", she warned in a 10-page statement here.
Ms Jayalalitha also demanded tabling of the draft scheme in Parliament for implementation of the interim order of the tribunal.
Lambasting the DMK and the TMC for "doing nothing" during the United Front regime, she said "We, the AIADMK and its allies, have to secure and safeguard the interest of the people of Tamil Nadu only through protracted struggle. We have to fight every inch to protect Tamil Nadu’s interest."
"The Centre should not seek adjournment again in the Supreme Court on July 21 when the matter comes up there", Ms Jayalalitha said, adding "it is this action we expect from the Prime Minister."
The AIADMK supremo said there was absolutely no possibility of a compromise between Tamil Nadu and Karnataka on the Cauvery issue.

Pointing out the apex court had directed the Centre to find out ways and means to devise a scheme for the implementation of the interim order, she said the draft scheme was formulated precisely for this purpose. It was not proper for the Prime Minister to further delay implementation of the Supreme Court’s order, Ms Jayalalitha said.
"This is not an issue on which the Prime Minister can take a unilateral decision. This is an order of the Supreme Court and the Central Government is obliged, under the Constitution, to carry out the order", she remarked.
Recalling the memorandum submitted to the Prime Minister on behalf of the AIADMK front on July 16 on the issue, she said on the very same day Tamil Nadu Chief Minister M. Karunanidhi faxed a letter to the Prime Minister "in haste."
TMC leader G.K. Moopanar also developed "sudden interest", she said, adding "it is farcical and ridiculous that Mr Karunanidhi and Mr Moopanar have suddenly started speaking on the Cauvery issue."
The AIADMK supremo said the Karnataka Government was bound to implement the interim order as the Supreme Court in 1995 had dismissed the suit filed by it against the tribunal’s order.
Recalling the history of the dispute between Karnataka and Tamil Nadu, she said a Constitution Bench, which heard the case in April 1997, suggested formulation of a scheme under the Inter-State River Waters Disputes Act, 1956.
A draft scheme was formulated and circulated among Tamil Nadu, Pondicherry, Karnataka and Kerala giving them six weeks’ time to convey their responses. Tamil Nadu and Pondicherry conveyed their responses on time, she said.
The apex court on August 30, 1997, pointed out the failure of Karnataka and Kerala to reply and said "if the two governments again fail to respond within two weeks, it will be construed they have no objection whatsoever to the draft scheme". Subsequently, they sent their responses, Ms Jayalalitha said.
Though their responses were considered and proper amendments carried out to the draft scheme at a meeting on September 30 last, the scheme was still to be notified, she said.

Detailing steps taken during her regime for implementing the interim order, Ms Jayalalitha said she convened an all-party meeting and led a delegation of political parties to New Delhi demanding central intervention in this regard.
After the DMK came to power in 1996, she said, Mr Karunanidhi "washed his hands off" declaring there was no further room for talks.
"Mr Karunanidhi, therefore, has no locus standi or moral right to speak on the issue now or address letters to MPs of the AIADMK and its allies", she emphasised.
Yesterday Janata Party chief Subramanian Swamy urged Ms Jayalalitha to withdraw support to the Vajpayee government if it sought an adjournment in the apex court on July 21.
In her 10-page statement over the issue released here, Ms Jayalalitha, however, was ambiguous whether the disastrous consequences meant withdrawal of support.
Ms Jayalalitha’s statement came, despite Defence Minister George Fernandes’ assertion here yesterday after a meeting with her that the Cauvery dispute between Karnataka and Tamil Nadu would be resolved "in a day or two". Also, Union Minister of State for Coal Dilip Ray had called on her at her Poes Garden residence two days ago, apparently as an emissary of the Prime Minister.
With the Vajpayee government not heeding her demand for dismissal of the DMK government in the state, at least for the present, fearing it would spark similar demands in other states. The AIADMK has started raking up crucial issues concerning the state like Cauvery and reservation to exert pressure of a different kind on the ruling coalition at the Centre. The AIADMK is not overtly pressing the dismissal demand.

Talbott arrives, talks today
Hard bargaining on CTBT likely
From Shubhabrata Bhattacharya
Tribune News Service
New Delhi, July 19 — India will press for the recognition of its irreducible security concerns and also seek access to dual use high technology, particularly in the field of civilian power generation, while not saying an outright no to the US desire that India should move towards signing the Comprehensive Test Ban Treaty (CTBT) as the second round of talks between US Deputy Secretary of State Strobe Talbott and Prime Minister’s special envoy Jaswant Singh gets underway here tomorrow.
This will be the second meeting between the two negotiators in 10 days, the last being in Frankfurt. Mr Talbott will leave for Islamabad on Tuesday.Coming 10 days before the crucial talks between the Prime Ministers of India and Pakistan scheduled during the SAARC summit in Colombo, tomorrow’s diplomatic exercise is likely to have a bearing on the talks on the overall nuclear regime concerning the two countries.
Unlike Pakistan, which, due to its economic bankruptcy, is bending over backwards to indicate to the USA its willingness to sign on the dotted line, India is aware of its bargaining position, especially because President Bill Clinton, for whom the CTBT is a document of faith, is keen to get it passed by the Senate before the year is out. India’s not signing the CTBT may come in the way of the Senate’s nod.

India has made it amply clear that its irreducible security concerns, especially regarding China’s capabilities ( and its propensity to back Pakistan’s adventurism). The Indian negotiators have been pointing out that there is a difference between China’s intentions and capabilities. The intentions may be noble today; it takes little time for them to change. India’s 1962 experience is a case in point.
Having acquired expertise after the Pokhran blasts with capability of carrying computer simulations rather than having to carry out a full-fledged blast; signing the CTBT is not an anathema to India. However the Nuclear Non-proliferation Treaty (NPT) in its present discriminatory form and the future talks on the Fissile Material Cut-off Treaty (FMCT) are stumbling blocks as India would not like to view CTBT in isolation but talk about the international nuclear regime per se.
According to PTI, Mr Talbott arrived here today on his two-day visit.
Mr Talbott, who flew into the Capital by a special US Air Force aircraft amidst tight security, did not talk to a large battery of waiting correspondents and cameramen who had gathered at Indira Gandhi International Airport.
He was received by US Ambassador here Richard Celeste and External Affairs Ministry official Mukta Tomar.
Mr Talbott is heading a six-member delegation which includes Deputy Assistant Secretary for Non-Proliferation in the State Department Robert Einhorn, senior adviser in the National Security Council Bruce Reidel, Vice-Chief of the Joint Chief of Staff Gen Joseph Ralston, Assistant Secretary of State for South Asia Karl Inderfurth and career diplomat Mat Daley.
Besides Mr Jaswant Singh, the Indian team at the talks will include Foreign Secretary K. Raghunath and key officials from the Ministries of External Affairs, Defence and Home Affairs.
India is expected to get down to some hard bargaining with the US on issues of nuclear disarmament and non-proliferation during the parleys at Hyderabad House.
With Washington insisting on India signing the CTBT "immediately and unconditionally", a position termed as "unacceptable" by New Delhi, the parleys are expected to engage both sides in tough negotiations, officials said.
They termed as "premature" prospects of a major breakthrough in this round contending that the dialogue process "is underway and overnight results cannot be expected".
Mr Talbott is the first high-ranking US diplomat to visit India since the May 11 and 13 Pokhran nuclear tests.
Mr Talbott will call on Prime Minister Atal Behari Vajpayee and Home Minister L.K. Advani on Monday besides having separate meetings with Minister of State for External Affairs Vasundhara Raje and Foreign Secretary K. Raghunath.
As part of his special mission to South Asia, the US diplomat will leave on Tuesday for Islamabad which has now shifted its stand on the CTBT, saying Pakistan is ready to consider being party to the treaty even without India subscribing to it.
Officials said New Delhi will, during the Talbott-Jaswant talks, also voice its serious concern over continued support to terrorism in Jammu and Kashmir by Pakistan which has posed a major hurdle in normalisation of ties between the two neighbours.
Washington has shared India’s concern on Pakistan-sponsored terrorism in Jammu and Kashmir saying the issue could be raised during tomorrow’s parleys.
Though Washington has rejected India’s stand for a minimum nuclear deterrent in a nuclearised South Asia, efforts at extracting concessions would be pursued vigorously by New Delhi at the discussions, they added.

20 killed in J&K, Colonel succumbs to injuries
SRINAGAR, July 19 (PTI) — Twenty persons, including 13 militants and three security personnel, were killed while members of village defence committees (VDC) repulsed militants' attacks at four places in Jammu and Kashmir since last evening.Meanwhile, Colonel P.B. Gole of 9 Jat Regiment, succumbed to his injuries in the hospital after he received splinter injuries as a result of Pak firing in the Kanzalwan area of Gurez sector on Saturday.
Four militants, including a self-styled district chief of banned militant outfit, were arrested while another ultra gave himself up in the state during the period, an official spokesman said here today.
Two security personnel and two militants were killed in a gunfight between militants and the security forces at Balakote in border district of Poonch in the Jammu region today.
A Jammu report said two militants and a Border Security Force head constable were killed in an encounter at Manjakote area of Rajouri district this morning.
The encounter took place near the Line of Control as BSF troops intercepted a group of four militants. The militants opened fire at BSF party which retaliated resulting in death of two militants and a BSF head constable.
Later, the two fleeing militants were again intercepted at the Narcap area near LoC. During the exchange of firing, one more militant was shot dead while another escaped.
In another encounter with the security forces at the Chatroo area of Kishtwar tehsil in Doda district yesterday, one militant was killed. Militants killed another militant who had surrendered at Akramabad in Doda district last night.
The spokesman said militants fired at village defence committees at Khari, Charoota and Chaya Chatra, and Baderwah in Doda district of the Jammu region last night. VDC members retaliated but no loss of life was reported.

TNS adds: Colonel P.B. Gole of 9 Jat Regiment had received splinter injuries as a result of Pak firing in the Kanzalwan area of Gurez sector on Saturday.
A defence spokesman said following heavy firing and shelling by Pak troops from across the Line of Control (LoC) during the past few days, there was some respite on Sunday. However, there were reports of small fire arms exchange in Gurez along the Line of Control (LoC). Five persons were injured in the Uri and Gurez sectors due to Pak shelling on Saturday.
During the past week’s Pak firing and shelling in the Gurez sector along the Line of Control, a large number of villagers of Bhagtore, Tragbal and Izmarg have shifted to safer areas of Bandipore.
Elsewhere, in the militancy related incidents three foreign militants and a civilian were killed in Kremhore forest of Handwara in Kupwara district.
One foreign militant has been identified as Nazir Ahmad Khan of Pak-Occupied Kashmir. Another militant was killed at Jamagund Trehgam in Kupwara district near the Line of Control.
Unidentified militants opened fire on a search party at Repora in Baramulla district. The security forces retaliated and in the exchange of fire Abdul Rashid Ganai of Palhalan was killed. Another woman was killed in an exchange of fire between the militants and the security forces at Nowgam in Verinag area of Anantnag district. She has been identified as Jana, wife of Nabir Koka.
Militants intruded into the house of Habibullah at Nagri Malpora in Kupwara district during the Saturday night and shot dead the houseowner, the police here said.

SC verdict: EC summons Thackeray
NEW DELHI, July 19 (PTI) — The Election Commission (EC) has issued notice to Shiv Sena supremo Bal Thackeray to appear before it on August 14 for a hearing on the quantum of punitive measure against him in the light of a 1995 Supreme Court verdict finding him and his party’s candidate Y. Prabhu guilty of electoral malpractices in a byelection to the Maharashtra Assembly.
Commission sources said today that Mr Thackeray has been asked to appear before the three-member body personally or through his counsel in connection with the case relating to a Ville Parle Assembly byelection in Mumbai a couple of years back.
The apex court had found Mr Thackeray and Mr Prabhu guilty of making inflammatory speeches and attempting to create discord among communities under Section 123 (3) and (3-A) of the Representation of People Act, 1951.
The Supreme Court verdict followed an appeal filed by them against a Mumbai High Court judgement.
Maintaining that Mr Prabhu had already been disqualified from contesting elections for six years, the sources said the commission has now to decide the quantum and the term of punitive measure to be adopted against Mr Thackeray which include the Shiv Sena supremo being prevented from contesting in an election and even casting his ballot.
As per the laid down procedure, the Supreme Court had referred its verdict to the Maharashtra Assembly Secretariat which in turn had passed the judgement to the President.
The President sent the papers to the commission which, under law, has to recommend the quantum of action to be taken against Mr Thackeray.