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THE TRIBUNE
Friday, December 10, 1999

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Biswal ministry expanded
BHUBANESWAR, Dec 9 — The four-day-old Hemananda Biswal ministry in Orissa was expanded today with the induction of 27 ministers, taking its strength to 30.



Kenya backs India for Security Council seat
NEW DELHI, Dec 9 — Even as Kenya today endorsed India’s qualification and legitimacy for a permanent seat in the United Nations Security Council, the bilateral ties got a decisive boost with the two countries agreeing to set up a joint commission for strengthening mutual relations.

line Congress President Sonia Gandhi being garlanded by a supporter at her residence in New Delhi on her 53rd birthday
Congress President Sonia Gandhi being garlanded by a supporter at her residence in New Delhi on her 53rd birthday. — AFP
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Mamata moots Railway police
NEW DELHI, Dec 9 — Railway Minister, Ms Mamata Banerjee, today suggested in the Lok Sabha the need to raise a new organisation — Railway Security Force — apart from the existing Railway Protection Force for providing security to passengers.

Hurriyat men to stay in jail till 2001
NEW DELHI, Dec 9 — The Jammu and Kashmir Government has extended the detention of 15 top Hurriyat leaders, currently lodged in Jodhpur jail, till September 2001, official sources said here today.

Experts may study labour problems
NEW DELHI, Dec 9 — The Centre is contemplating sending a high-level team of experts to study the problems of labourers in various states.

SC dismisses director’s plea
NEW DELHI, Dec 9 — The Supreme Court has held that even if the prosecution proceedings against a company were not taken or could not be continued, it was no bar for the proceedings against the other persons, including directors, falling under the purview of sub-section (1) and (2) of Section 141 of the Negotiable Instruments Act.

PM making empty promises: SC union
NEW DELHI, Dec 9 — The All-India Confederation of Scheduled Caste and Scheduled Tribe Organisations today charged the Prime Minister, Mr Atal Behari Vajpayee, with making empty promises on amending the Constitution to restore the seniority principle for promotion of SC and ST employees, which had been done away following the Supreme Court directions.

Govt to expedite Manisana report
NEW DELHI, Dec 9 — The government today assured the Rajya Sabha that it will take necessary action to expedite the Manisana Wage Board awards for the newspaper industry.

Laloo’s daughter Misa gets married today
PATNA, Dec 9 — Preparations for the maiden wedding in Bihar’s "first family’’, that of Chief Minister Rabri Devi and Laloo Prasad Yadav’s eldest daughter Misa Bharati here tomorrow, are all but complete.

ICAR staff’s retirement age may go up
NEW DELHI, Dec 9 — The government is considering enhancement of the retirement age of employees of the Indian Council of Agricultural Research and state agricultural universities from the present 60 years to 62 years, Agriculture Minister Nitish Kumar said here today.

 

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Biswal ministry expanded

BHUBANESWAR, Dec 9 (PTI) — The four-day-old Hemananda Biswal ministry in Orissa was expanded today with the induction of 27 ministers, taking its strength to 30.

The new ministers, 11 of them of Cabinet rank and the rest ministers of state, were sworn-in by the Governor, Mr M.M. Rajendran at a simple function at Raj Bhavan here.

The previous Giridhar Gamang ministry had 26 ministers. Mr Biswal had taken oath on December 6 along with two cabinet ministers, Mr Basanta Kumar Biswal and Mr Jagannath Patnaik, both of whom were members of the previous ministry.

The new ministers are: Cabinet rank:

Kanhu Charan Lenka, Kishore Chandra Patel, Gajadhar Majhi, Durga Shankar Patnaik, Netrananda Mallick, Niranjan Patnaik, Bhagabat Prasad Mohanty, Raghunath Patnaik, Shaikh Matlub Ali, Bhupinder Singh and Saraswati Hembram.Top


 

Kenya backs India for
Security Council seat
Tribune News Service

NEW DELHI, Dec 9 — Even as Kenya today endorsed India’s qualification and legitimacy for a permanent seat in the United Nations Security Council, the bilateral ties got a decisive boost with the two countries agreeing to set up a joint commission for strengthening mutual relations.

Kenya’s support was expressed by the visiting Minister for Foreign Affairs and International Cooperation, Dr Bonaya A. Godana, during his hour-long talks with the External Affairs Minister, Mr Jaswant Singh.

Briefing newspersons about the Kenyan Foreign Minister’s visit, the Joint Secretary in the Ministry of External Affairs in charge for Africa, Mr Pawan Verma, said the visit marked the resumption of substantial contact at high political level.

The recent treaty between Kenya, Uganda and Tanzania to set up an East African common community, signed on November 30, is an important development. India, which has had historically warm ties with the East African region is watching closely the setting up of the East African community which is the first step towards the creation of a 100 million strong common market.

Mr Jaswant Singh and Dr Godana, discussed bilateral, regional and international issues, including the need for reforming the United Nations, the WTO and international terrorism. On bilateral ties, the Kenyan Foreign Minister said he was seeking a better engagement with India. He also spoke of indelible historical bonds with India with 100,000 strong Kenyans of the Indian origin being "an unbreakable link between the two countries".

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Mamata moots Rly police
Shubhabrata Bhattacharya
Tribune News Service

NEW DELHI, Dec 9 — Railway Minister, Ms Mamata Banerjee, today suggested in the Lok Sabha the need to raise a new organisation — Railway Security Force — apart from the existing Railway Protection Force (RPF), for providing security to passengers.

The suggestion was made by the Minister while sharing the members’ concern over recent incidents of threat to passengers’ security in railway compartments. The matter was raised by Mr Ramji Lal Suman during zero hour who complained that recently Shiv Sena volunteers had forced their way into reserved first class compartments of the Chattisgarh Express at Mathura and made passengers vacate their seats.

Sharing his concern, Ms Banerjee said the RPF was meant for protecting railway property and, therefore, there was a need for setting up a separate force for passenger security. She sought the cooperation of all sections of the House on the matter.

Senior Congress leader, Mr Rajesh Pilot, said the move may need an amendment to the Railway Protection Force Act.

At present, while the RPF protects railway property, maintenance of law and order and providing protection to passengers is entrusted to Government Railway Police (GRP) which varies from state to state as law and order is a state subject.

If Ms Banerjee’s proposal for an all-India force on the lines of the RPF for providing security to railway passengers has to materialise, the new Force may have to be empowered somewhat on the lines of the Central Bureau of Investigation (CBI).

The CBI functions under the aegis of the Delhi Special Police Establishment Act. However, sanction has to be sought under Section 6 of this Act from individual state governments for the CBI to function in the jurisdiction of the state police.

Railway lines zig-zagging the country are the property of the Centre like defence lands and cantonments. However, the maintenance of law and order (and thereby providing protection to railway passengers) is primarily a state subject.

A decade and a half ago, an interesting case came up in West Bengal when a political murder was committed on the railway tracks near Barrackpore in North 24 Parganas district. Anandabazar Patrika, the leading daily of West Bengal, ran a series of articles to expose the laxity of the Left Front government in probing the murders.

A Public Interest Litigation ensued and a demand for a CBI probe followed. The West Bengal government did not grant permission under Section 6 of the Delhi SPE Act and the legal department of the CBI threw up its hands.

However, a way out was found — the Calcutta High Court appointed the CBI as its investigator and asked for a report.

If comprehensive legislation is not thought of before launching the new force, serious Centre-State issues will emerge blunting the efficacy of the Force.

If a Railway Security Force indeed has to be set up a lot of homework will have to precede the endeavour.Top


 

Hurriyat men to stay in jail till 2001

NEW DELHI, Dec 9 (PTI) — The Jammu and Kashmir Government has extended the detention of 15 top Hurriyat leaders, currently lodged in Jodhpur jail, till September 2001, official sources said here today.

The Hurriyat leaders, including its Chairman Syed Ali Shah Geelani and some executive members, were detained under the J and K Public Safety Act in September this year when they were campaigning for boycott of Lok Sabha elections in the valley. Since then, they have been lodged in Jodhpur jail.

The government in its recent order has said an Advisory Board constituted on November 17 to consider their case was of the opinion that "there is sufficient cause" for detention of the Hurriyat leaders in pursuance of the magistrate’s orders by which they were taken into custody.

"The state government has fully considered the report of the Advisory Board and material on record" and "in exercise of the powers conferred by Section 17 of the J and K PSA, the government directs that the leaders be detained for a period of 24 months from the date of their detention," the order issued by the state’s Home Department said.

Other prominent leaders under detention are Prof Abdul Ghani Bhat, Mohd Yasin Malik, Maulana Abbas Ansari, Javed Mir and M. Ashraf Sehrai.

Extension of their detention has dashed the hopes of early release of the separatist leaders, generated recently after the two free leaders, Mirwaiz Umar Farooq and Abdul Ghani Lone, expressed the conglomerate’s willingness for talks with the Centre to solve the Kashmir issue.

Significantly, another separatist leader Shabir Ahmed Shah, who was also under detention on similar charges, was released recently.

Reacting to the development, Hurriyat spokesman Abdul Majid Bandey said the state government’s action demonstrated its "desperation".

He claimed that the Hurriyat leaders in Jodhpur jail were in bad condition with some of them being seriously ill.

"If something happens to any of the leaders, the responsibility will lie wholly on the state government since they are under its custody," Bandey said.

Jammu and Kashmir Democratic Forum (JKDF) president Bhushan Bazaz alleged the state government was not acting in a "democratic manner".

He warned the Kashmir issue would get more complex by such actions, instead of being resolved.

Mirwaiz Umar and Lone visited their detained colleagues last week and were reportedly not happy with the conditions they were in.Top


 

Experts may study labour problems
Tribune News Service

NEW DELHI, Dec 9 — The Centre is contemplating sending a high-level team of experts to study the problems of labourers in various states.

Intervening during the question hour the Prime Minister, Mr Atal Behari Vajpayee, told the Rajya Sabha that the proposed team would collect information about the status of implementation of the various labourer-related acts and report back to the government.

Mr Vajpayee rose to speak when the House was dealing with a supplementary of the Congress member, Ms Mabel Rebello, on the condition of women workers in Madhya Pradesh, and other problems faced by them.

The Prime Minister said he was also aware of the problems of women workers from Kerala when they moved to other states for employment.

Replying to the main question of Mr Vijaya Raghavan, Labour Minister Satya Narain Jatiya said the government would ensure that the states strictly implemented the acts enacted for the welfare of the workers.Top


 

SC dismisses director’s plea
From Our Legal Correspondent

NEW DELHI, Dec 9 — The Supreme Court has held that even if the prosecution proceedings against a company were not taken or could not be continued, it was no bar for the proceedings against the other persons, including directors, falling under the purview of sub-section (1) and (2) of Section 141 of the Negotiable Instruments Act.

Taking this view, the court dismissed the appeal of Anil Hada, one of the Directors of M/s Rama Fibres Ltd, a public limited company, who had contended that when a company, which committed the offence under Section 138 of the Negotiable Instruments Act, was not prosecuted, the directors of that company could not be prosecuted for that offence.

Mr Justice K.T. Thomas delivering the judgement of the Bench which included Mr Justice D.P. Mohapatra observed: "If the offence was committed by a company, it could be punished only if the company was prosecuted. But instead of prosecuting the company if a payee opts to prosecute only the persons falling within the second or third category the payee could succeed in the case only if he succeeds in showing that the offence was actually committed by the company".

In case a company is not prosecuted on this ground alone the other prosecuted persons cannot escape from the penal liability created through the legal fiction envisaged in Section 141 of the Act, the court held.

Five complaints were filed by the Indian Acrylic Ltd before a judicial magistrate of first class, Chandigarh, against M/s Rama Fibres Ltd and 11 other persons who are Directors of the accused company. The complaint alleged that cheques were issued on behalf of the accused company for the debts due to the complainant and such cheques were dishonoured by the drawee bank on ground of insufficiency of funds in the account and even after notices no amount was paid. Thus the accused had committed an offence under Section 138 of the Act.

The magistrate took cognisance of the offence on each complaint. When objections were raised that winding up proceedings had been ordered by the court against the accused company, the magistrate ordered complaints to remain in suspense till permission from the concerned court was obtained. In other two complaints he dropped the proceedings against the company.

The present appellant, who was second accused in the complaints, moved the trial court to drop proceedings against him also, which was rejected. Top


 

PM making empty promises: SC union
Tribune News Service

NEW DELHI, Dec 9 - The All-India Confederation of Scheduled Caste and Scheduled Tribe Organisations today charged the Prime Minister, Mr Atal Behari Vajpayee, with making empty promises on amending the Constitution to restore the seniority principle for promotion of SC and ST employees, which had been done away following the Supreme Court directions.

The chairman of the confederation, Mr Ram Raj, told The Tribune that the Prime Minister had been talking about withdrawing five anti-reservation orders issued by the Department of Personnel and Training in 1997, but these promises had remained on papers only.

Mr Ram Raj, who is a Deputy Commissioner of Income Tax from the Indian Revenue Service and presently on leave to complete his PhD , has been leading the agitation against the controversial office memoranda, which are based on the Supreme Court judgements. According to him, the OMs have diluted reservation quite substantially.

He said the reservation policy had not been implemented in letter and spirit during the past 50 years and today of the 120 secretaries and 500 equivalent officers in the Union Government, hardly one or two were from the Dalit community.

He said the government could have come out with some concrete proposals at the recently held convention of SC and ST MPs but unfortunately there was only "empty rhetoric" from their side.

Mr Ram Raj said the confederation would hold a rally in the Capital on December 13, which would be addressed by members of all political parties. He said the idea behind inviting political leaders at the rally was to secure their commitment on reservation.

He apprehended that the government could attempt to create confusion among the demonstrators by giving some small relief. Mr Ram Raj said his organisation had advised the members that they should not rest till a reservation Bill was passed and put in the ninth Schedule of the Constitution so that it was kept out of jurisdiction of the courts.Top


 

Govt to expedite Manisana report
Tribune News Service

NEW DELHI, Dec 9 — The government today assured the Rajya Sabha that it will take necessary action to expedite the Manisana Wage Board awards for the newspaper industry.

Responding to members’ concern, the Labour Minister, Mr Satya Narayan Jatiya, said a leading newspaper had moved the Bombay High Court seeking time. "Once the hearing is complete this month, necessary action will be taken by the government," he said.

The members had earlier expressed concern over the delay in submitting the report by the Manisana Commission. Top


 

Laloo’s daughter Misa gets
married today

PATNA, Dec 9 (UNI) — Preparations for the maiden wedding in Bihar’s "first family’’, that of Chief Minister Rabri Devi and Laloo Prasad Yadav’s eldest daughter Misa Bharati here tomorrow, are all but complete.

The invitees’ list cuts across the entire political spectrum reading like a virtual "who’s who’’. Everyone from President K.R. Narayanan, Prime Minister Atal Behari Vajpayee, other ministers and Chief Ministers have been sent the card.

The normally lethargic administration has sprung into action with paint cans and brooms. The entire Anne Marg area, where the Chief Minister’s residence is located, is being given a face-lift. Even the trees lining the road had been given a wash and a coat of paint. All streetlights are working and there would be no powercuts.

Special dishes are being prepared by cooks especially brought all the way from Ranchi. The Menu, a closely guarded secret, is to be vegetarian, so tangri kababs and murgh massalum are definitely out.

Misa Bharati is getting married to Sailesh Kumar, a computer engineer. Top


 

ICAR staff’s retirement age may go up

NEW DELHI, Dec 9 (PTI) — The government is considering enhancement of the retirement age of employees of the Indian Council of Agricultural Research (ICAR) and state agricultural universities from the present 60 years to 62 years, Agriculture Minister Nitish Kumar said here today.

The Agriculture Ministry has also taken up the issue of the personal promotion scheme of these employees to make it on the pattern of University Grants Commission (UGC), Mr Kumar said here at the international symposium on agricultural education in the next century.

He said a proposal for the UGC pattern in case of promotion of ICAR and agriculture university employees had been sent to the Finance Ministry for its approval.

Later speaking to reporters, ICAR Director General R S Paroda said the proposed promotion scheme would lay more emphasis on talent and achievements of employees.

He said the need was felt to raise the retirement age from 60 years by two years following the UGC raising the retirement age to 62 years.

He said the state agricultural universities and the ICAR institutes come under the administrative control of the Agriculture Ministry and were not governed by UGC rules. For this reason the issue has been taken up by the ministry to the concerned government departments concerned.Top


  H
 
in brief
  9 cops suspended
AJMER: The entire police escort team comprising one Sub-Inspector and eight policemen have been suspended for negligence of duty on Monday when three undertrials escaped after beating them and snatching their rifles in a running train on the way from Nasirabad to Ajmer, officials said on Thursday. The suspended policemen included Sub-Inspector Ramjan Mohammad and Bhupendra Singh, Shyam Lal, Laxman, Karan Singh, Shanti Lal, Ajay Singh and two others. — PTI

BJP leader’s house torched
HYDERABAD:
Naxalites of the People’s War Group (PWG) set afire the house of a BJP leader in Warangal district on Thursday, the police said here. The Naxals went to the house of Mr D. Sambiah, a BJP member of the Zila Parishad Territorial Committee, at Kappula village and set it afire after asking the inmates to come out. — PTI

Naval aircraft crashes
HYDERABAD:
An Indian Navy pilot had a narrow escape when the aircraft in which he was making sorties crashed at Marippalam railway marshalling yard in Visakhapatnam on Wednesday, an official release said here on Thursday. The "Kiran mark-II", trainer aircraft piloted by Lt Commander Sanjay Chitnis, crashed due to a technical snag within minutes after take off from INS-Dega of the Eastern Naval Command air station. — PTI

Private FM stations
NEW DELHI:
Private FM radio transmission is likely to begin by the end of 2000, a top government official said on Thursday. "We are in the process of finalising the auction latest by February, 2000. After setting up the required physical infrastructure of studios and transmitters, the private stations are likely to go live by the end of next year," Mr R.C. Mishra, Joint Secretary, Ministry of Information and Broadcasting, told newspersons here. — UNI

35.3 kg heroin seized on border
JAIPUR:
A huge consignment of heroin weighing 35.3 kg and valued at Rs 35.3 crore in the international market was seized from two Afghans attempting to cross the international border in the Bikaner sector on Wednesday, a top Border Security Force (BSF) official said on Thursday. — PTI

Human Rights Award for Smita
NEW DELHI:
The Chairman of the National Human Rights Commission, Mr Justice J.S. Verma, presented the Human Right Award to Ms Smita Narula for outstanding research report on "Caste violence against untouchables". — TNS

NCC cadets for Bangladesh
NEW DELHI:
A National Cadet Corps (NCC) delegation, comprising of one officer and 12 cadets, including five girls, is proceeding to Bangladesh on a 10-day visit. The camp, scheduled from December 14 to 23, is part of the ongoing Youth Exchange Programme with Bangladesh. The cadets will give a presentation on India’s cultural heritage and activities and history of the NCC. — TNS
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