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THE TRIBUNE
Monday, December 20, 1999

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AICC, CWC may be revamped
NEW DELHI, Dec 19 — Speculation is rife in the Congress circles that the party President, Mrs Sonia Gandhi, may finally chose to revamp the organisation shortly starting with the Congress Working Committee and AICC.

Mulayam for 54 pc OBC quota
LUCKNOW, Dec 19 — Former Defence Minister and Samajwadi Party chief Mulayam Singh Yadav today demanded that the benefit of reservation of in government jobs, education and the judiciary should be extended to all sections of society. Addressing a state-level convention of the other backward classes at the historical Begum Hazrat Mahal park here.

line Maharashtra Chief Minister Vilasrao Deshmukh and his wife Vaishali greet film actress Madhuri Dixit and her husband, Dr Sriram Nene, at their wedding reception in Mumbai on Saturday
Maharashtra Chief Minister Vilasrao Deshmukh and his wife Vaishali greet film actress Madhuri Dixit and her husband, Dr Sriram Nene, at their wedding reception in Mumbai on Saturday. — PTI photo


Code of ethics inadequate: Jethmalani
NEW DELHI, Dec 19 — Is the recent code of ethics for judges a genuine effort to bring in greater accountability in the functioning of judiciary or just a move to thwart government’s move to set up a national judicial commission to regulate the judiciary?
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BJP assures allies on temple issue
CHENNAI, Dec 19 — The BJP today sought to assure its allies on the controversy relating to the Ayodhya issue in its agenda by asserting that contentious issues had been kept out of the agenda of the National Democratic Alliance and the party would not deviate from it.

Mattoo case: CBI studying papers
NEW DELHI, Dec 19 — The CBI has started scrutinising legal documents in the Priyadarshani Mattoo case to ascertain whether the case verdict deserved to be challenged in a higher court or the case itself needed to be re-investigated, agency sources have said.

Furore over allotment of flats before draw
NEW DLEHI, Dec 19 — A large number of people who had booked flats in Vasundhara Yojana, Ghaziabad found to their dismay that 31 "prime" ground and first floor apartments in one of the schemes had been allotted even before a draw was held today.

Govt ‘selling country to foreigners’
THIRUVANANTHAPURAM, Dec 19 — The CPM today charged the Vajpayee Government with "selling the country to foreigners" in the name of new economic policies, in "connivance" with the Congress.

Govt guidelines on fee draw flak
NEW DELHI, Dec 19 — The Delhi Abhibhavak Mahasangh has criticised the state government’s decision to allow private schools to charge 10 per cent as development fee in addition to the total annual tuition fee.

Satire should be healthy: PM
NEW DELHI, Dec 19 — The Prime Minister, Mr Atal Behari Vajpayee, yesterday said humorous and satirical writings should provoke readers into introspection and encourage creative thought.

Cong to insist on 33 pc women’s quota
NEW DELHI, Dec 19 — The Congress will insist on a 33 per cent quota for women in legislative seats and not agree to a dilution, as being demanded by some parties, party President Sonia Gandhi indicated here today.

General alert in TN
CHENNAI, Dec 19 — The police has sounded a general alert all over Tamil Nadu today in the wake of the assassination attempt on Sri Lankan President Chandrika Kumaratunga in Colombo.

Plea for probe into PWG men’s killing
HYDERABAD, Dec 19 — As the outlawed People’s War Group has been dealt a server blow with the elimination of three of its top leaders, the police in Andhra Pradesh has come under fire from the Opposition and civil rights activists who claim that the Naxalites were killed in "fake encounters".

NCP not to ally with Cong, BJP
AGRA, Dec 19 — the Nationalist Congress Party will contest the forthcoming Assembly elections in Bihar, Orissa and Manipur in alliance with non-BJP and non-Congress parties.

Panel set up on Orissa cyclone
BHUBANESWAR Dec 19 — The Orissa Assembly has set up a 17-member House Committee to take up with Prime Minister Atal Behari Vajpayee the issue of declaring the supercyclone devastations as a national calamity.

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AICC, CWC may be revamped
From K.V. Prasad
Tribune News Service

NEW DELHI, Dec 19 — Speculation is rife in the Congress circles that the party President, Mrs Sonia Gandhi, may finally chose to revamp the organisation shortly starting with the Congress Working Committee and AICC.

Although it has been nearly three weeks since the A.K. Antony Introspection Committee has submitted its report and a whole week after the Congress Working Committee accepted 18 of the 20 recommendations, till date there has been no movement.

Organisationally, the only announcement of significance that emerged from the AICC was the continuation of the Haryana Pradesh Congress Committee chief, Mr Bhupinder Singh Hooda, which effectively put to rest reports of a change. Keeping in mind the need to carry all factions of the party in the state — now scheduled to go to Assembly polls next year — was the formation of an election committee to pacify all those who were shouting hoarse for a change.

There was of course another major change, replacing the Orissa Chief Minister, Mr Giridhar Gamang, with Mr Hemanand Eiswal, after dissidents took the opportunity of tardy cyclone relief operations to topple the former.

The changes in the AICC and the CWC, the highest policy making body of the party, is long overdue. In fact, ever since she took over as the reins of the party, Mrs Sonia Gandhi has carried on with practically the same team she inherited from Mr Sitaram Kesri’s tenure.

In the CWC, there were only additions to ensure representation to women and those from the backward classes to conform to party’s amended constitution providing one-third posts for women and 20 per cent for backward classes. Later on three CWC members, Mr Sharad Pawar, Mr Tariq Anwar and Mr P.A. Sangma, were expelled for raising the issue of party President’s foreign-origin in June this year.

The effective strength of the CWC which was increased to 22 fell as the Congress President did not fill up the vacancies caused by the expulsion of these three leaders in addition to two already existing. The present strength is 18 plus three permanent invitees, Mr Sitaram Kesri, Mr Motilal Vora and Mr K. Karunakaran, and two special invitees, Mr V.N. Gadgil and Mr Madhavsinh Solanki.

According to party sources, the Deputy Leader of the Opposition, Mr Madhavrao Scindia, had offered to resign from his general secretaryship at the last meeting of the CWC citing workload in Parliament. Similarly it is understood that the reshuffle may also see exit of Mr Pranab Mukherjee, as a General Secretary. Mr Mukherjee is the Congress chief whip in the Rajya Sabha and in addition to having charge of important states like Haryana and Madhya Pradesh. He also heads the AICC Media Department, which came for criticism for its handling the task during the general elections.

There is a possibility of associating a former Haryana Chief Minister, Mr Bhajan Lal, as a special invitee and bring in a former Punjab Chief Minister, Mrs Rajinder Kaur Bhattal, party sources said.Top


 

Mulayam for 54 pc OBC quota

LUCKNOW, Dec 19 (UNI) — Former Defence Minister and Samajwadi Party chief Mulayam Singh Yadav today demanded that the benefit of reservation of in government jobs, education and the judiciary should be extended to all sections of society.

Addressing a state-level convention of the other backward classes (OBCs) at the historical Begum Hazrat Mahal park here, Mr Yadav declared launching of a political agitation for getting his demand conceded, saying he was "compelled" to do so as there were "attempts to dilute the reservation benefit" given to the OBCs on the basis of the Mandal Commission report.

He said the OBCs at present enjoy only 27 per cent reservations while their population in the state stood at 54 per cent. There were only 55 castes in the OBCs list when reservations for them in government job on the basis of the Mandal Commission report was implemented but now the list contains 102 castes and proposal for including 175 more castes in it is pending before the government, he said. This would leave only five castes-Brahmins, Thakurs, Banias, Kayasthas and Bhumihars — out of the reservation net.

Demanding 54 per cent reservations for the OBCs, Mr Yadav said Muslims should also be given reservation in proportion to their population, with another 10 per cent for high castes.

To press for his demand, Mr Yadav said, an OBC rally would be held in Delhi by March next.

Mr Yadav said his party would hold another convention of the backward communities in Delhi in March next.

In his address, Sakshi Maharaj, who joined the SP after his expulsion from the BJP, said the BJP had always ignored the interests of the backward communities.

Mr Shakshi said he would not join the Rashtriya Kranti Party floated by former Uttar Pradesh Chief Minister Kalyan Singh.

The convention was addressed by SP MP Raj Babbar, party vice-president Janeshwar Misra, former Union Minister Beni Prasad Verma and Ms Phoolan Devi and others.

PTI: Mr Yadav held the Congress and the BJP responsible for various problems faced by backward communities in the country and stepped up his party’s demand to raise the quota for OBCs in government jobs to 54 per cent.

"Both the Congress and the BJP have exploited the backward castes by ignoring their interests and legitimate demands. Their exploitation was started by the Congress and the BJP joined them later," Mr Yadav said, addressing a convention of the backward classes here.

The SP leader accused the Vajpayee government of hatching a "conspiracy to ignore and subvert the Mandal Commission recommendations" but did not explain how.

On his party’s demand to increase the job reservation for OBCs to 54 per cent, Mr Yadav said this was necessitated by sharp rise in the population of OBCs following inclusion of hundreds of other castes into the other backward classes list.

On Women’s Bill, Mr Yadav said his party was not against the legislation but it must contain a further provision to provide reservation to the women of backward castes in legislatures.Top


 

BJP assures allies on temple issue

CHENNAI, Dec 19 (PTI) — The BJP today sought to assure its allies on the controversy relating to the Ayodhya issue in its agenda by asserting that contentious issues had been kept out of the agenda of the National Democratic Alliance and the party would not deviate from it.

BJP general secretary M. Venkaiah Naidu told reporters here that his party was "committed to pursuing and implementing the national agenda and there will be no deviation or violation of the national agenda for Governance."

"This is an assurance that we can give to our allies and the people of the country. We have ‘submerged’ our agenda into the national agenda," he said a day after the BJP’s key ally and Tamil Nadu’s ruling DMK voiced reservations on raking up of the temple and other contentious issues.

"There was a BJP agenda for the 1991 and 1996 elections, but after returning to power now, we are committed to implementing only the national agenda in toto and in letter and in spirit."

As Prime Minister A.B. Vajpayee had already stated, all contentious issues like the construction of the Ram Temple had been kept "aside", said Mr Naidu who is here to review the arrangements for the BJP National Executive meeting on December 27 and the National Council meeting on December 28-29.

When pointed out that leaders from UP were not speaking in one voice on the temple issue, Mr Naidu said construction of the temple was not within the state government’s purview. The land had been acquired by the Central Government and the dispute was now in court. Top


 

Mattoo case: CBI studying papers

NEW DELHI, Dec 19 (PTI) — The CBI has started scrutinising legal documents in the Priyadarshani Mattoo case to ascertain whether the case verdict deserved to be challenged in a higher court or the case itself needed to be re-investigated, agency sources have said.

The CBI came in for severe criticism from Parliament when members raised the issue and demanded the resignation of the CBI Director after a city court on December 3 acquitted Santosh Kumar Singh, son of a senior police officer, due to lack of evidence and pulled up the CBI for not acting "in a fair manner".

The court gave benefit of doubt to Santosh for want of sufficient evidence in the case involving charges of rape and murder.

Concerned over its indictment by the court, the CBI was studying the various possible "lapses" in the probe into the case, the sources said.

An early decision in this regard would be taken in consultation with the legal officers of the agency, the sources said.

CBI Director R.K. Raghavan had earlier said he was studying possible "lapses" in the probe and it would be reopened if required.

Mr Raghavan had hinted that the agency would reinvestigate the Priyadarshani Mattoo case if the high court on appeal directed it to do so.

Meanwhile, the agency was also probing whether there were any "deliberate" lapses by the investigating team, the sources said and added that an "in-house" probe was already on.

The issue had rocked the Lok Sabha when the Congress and the CPM sought the removal of Mr Raghavan in view of the CBI’s indictment by court in the case and demanded a statement on the functioning of the premier investigating agency from Prime Minister Atal Behari Vajpayee.Top


 

Furore over allotment of flats before draw

NEW DLEHI, Dec 19 (UNI) — A large number of people who had booked flats in Vasundhara Yojana, Ghaziabad found to their dismay that 31 "prime" ground and first floor apartments in one of the schemes had been allotted even before a draw was held today.

In a letter to the Housing Commissioner of UP Awas Vikas Parishad, the Vasundhara (Sector 19) Residents Welfare Association said the registrants were shocked to find out that allotments of ground and first floor houses had been made on various grounds which were not mentioned in the registration rules.

It may be noted that the registration book has clearly mentioned that all registrants shall be treated at par and allotment of flats shall be made through a draw of lots, Association vice-president Rishi Bansal said in the complaint.

According to the Assistant Commissioner, who was to make the draws but was stopped from doing so by irate flat owners, 31 flats had been allotted prior to the draw by the Housing Commissioner under Rule 9.2 of the registration book of the scheme.

The association claims there is no such provision.

The association urged the Housing Commissioner to withdraw the "arbitrary allotment" and issue instructions to hold a draw after giving adequate notice to the members of the scheme. Top


 

Code of ethics inadequate: Jethmalani

NEW DELHI, Dec 19 (PTI) — Is the recent code of ethics for judges a genuine effort to bring in greater accountability in the functioning of judiciary or just a move to thwart government’s move to set up a national judicial commission to regulate the judiciary?

While there is broad agreement that the code is a step in the right direction as no external force should regulate judges, some suggests that it may not be sufficient as it lacks requisite momentum for self regulation.

"No external pressure should act on the judiciary in the efforts to make it more accountable. Otherwise, cure would be worse than the disease," says Abhishek M. Singhvi, former Additional Solicitor General, noting that pressure has to be internal in the form of censure curtailing promotions, etc.

"The code is a good start in self-regulation," says Fali S. Nariman, an advocate and the Rajya Sabha MP, noting "for violators, peer pressure can act as a sufficient regulation."

However, Supreme Court advocate P.N. Lekhi says: "Rather than bringing in the code of ethics, the judges protection act — according to which even criticism of judges by the lawyers in an open court is contempt — should have been amended."

But Justice A.M. Ahmadi, former Chief Justice says "The code should be given a fair trial to see if it proves effective or not. The dignity of the higher judiciary should be maintained... prescribing punishments would erode the protection given to it by the Constitution."

In a bid to make the judiciary more accountable, the Chief Justices of the high courts on December 3 adopted a code of conduct and a resolution making it mandatory for every judge to declare assets owned by him, his spouse and dependants in the form of real estate or investments.

"It deals with members of higher judiciary who are responsible, even otherwise barring exception, the code is a moral pressure for adherence. The Chief Justice can exert his authority on erring members," says Justice Ahmadi.

But describing the code as "inadequate" Law Minister Ram Jethmalani said, "The government was committed to the creation of a national judicial commission which should lay down the code of ethics dealing with greater areas and the code has to be in the form of a legal document.

"Such code should not be construed as interference but cooperation", he said noting that the US code of conduct for judges was drafted by the American Bar Association.

In fact, the code itself is nothing new, says Mr Lekhi, noting that anyone who is appointed a judge has to conduct himself according to these conventions.

Questioning the whole idea of devising a new code," Mr Lekhi says MPs and MLAs ritualistically take such an oath. Has anyone ever adhered to it?

Moreover, the recent code of ethics by the Election Commission was described by the Supreme Court as being "not statutory". So how can the judiciary have a different yardstick in its own case, he asks.

As far as the code is concerned, the Bar Council had in 1961 laid a code of ethics for the lower judiciary. Earlier in 1953, the Punjab High Court had passed a code of ethics for subordinate judiciary. That was in fact more detailed than the present effort by the chief justices conference, he says.

"But why did the need arise to remind the judges that they need to conduct themselves in a particular manner," asks A.K. Kaul, Dean, Law Faculty, Delhi University, wondering "what is it going to achieve."

"Either the judiciary is afflicted with corruption and it is a move to stem further deterioration or because of the fact that the government wants to set up a national commission on judicial accountability and it would thwart that move," he questions.

Moreover, if a judge is found to be dishonest, he cannot be removed, but impeached which is a political process. "If the whole society is corrupt, how can you expect the judiciary to be honest," Mr Kaul says.

"If the Judges Protection Act is amended and lawyers allowed to lead evidence to prove they are correct in criticising the judges, this can bring out in open the cases against the judiciary," Mr Lekhi says.Top


 

Govt ‘selling country to foreigners’

THIRUVANANTHAPURAM, Dec 19 (PTI) — The CPM today charged the Vajpayee Government with "selling the country to foreigners" in the name of new economic policies, in "connivance" with the Congress.

CPM Politburo member and the convener of the ruling LDP in Kerala VS Achuthanandan told reporters here that huge amounts of commission were involved in the sale of shares of the profit making public sector companies to foreign investors and it would invariably lead to large scale corruption.

Mr Achuthanandan wondered how the BJP, which had opposed the liberalisation and globalisation policies along with the left parties during the Narasimha Rao regime, could implement the very same policies now.

Referring to the Congress, he said "it is ironical that the followers of Nehru, who had initiated the public sector movement in the country, are now undoing his policies."

The Congress had stated it would "pursue a creative and responsible" attitude towards the BJP government’s economic policies, he pointed out.

Eighteen per cent of the shares of the Gas Authority of India Ltd (GAIL) had been sold to foreign investors at a low price of Rs 70 per share, he claimed.

Mr Achuthanandan said there were attempts to sell each share of the GAIL for Rs 115 during the previous government’s rule, but it was forced to abandon the move following stiff opposition as the price was too low. The demand then was that each share should get at least Rs 150, he said.

The present government had sold the shares for a cheaper price of Rs 70 each and that too to GAIL’s competitors like Enron and British Gas, he said.Top


 

Govt guidelines on fee draw flak

NEW DELHI, Dec 19 (UNI) — The Delhi Abhibhavak Mahasangh has criticised the state government’s decision to allow private schools to charge 10 per cent as development fee in addition to the total annual tuition fee.

On December 17, the Directorate of Education issued several guidelines based on submissions of the Justice Santosh Duggal Committee set up by the state government to look into claims of fee hike and other charges levied by these schools.

Development fee not exceeding 10 per cent of the total annual tuition fee may be charged for supplementing resources for purchase, upgrade and replacement of furniture, fixtures and equipment, the guidelines say.

"But this is contrary to the high court’s direction that no capital expenditure should be levied on fee,’’ said the Mahasangh’s counsel Ashok Aggarwal. This would have severe repercussions, he added.

The directions were operative from the current academic year 1999-2000. Mr Aggarwal said the government had unfortunately legalised 40 per cent increase in school fees imposed in the past two years.

The government said managing committees and managers of all individual recognised unaided schools in the National Capital Territory (NCT) of Delhi should not charge more than Rs 25 per student as registration fee. No admission fee of more than Rs 200 should be charged at the time of a student’s admission.Top


 

Cong to insist on 33 pc women’s quota

NEW DELHI, Dec 19 (UNI) — The Congress will insist on a 33 per cent quota for women in legislative seats and not agree to a dilution, as being demanded by some parties, party President Sonia Gandhi indicated here today.

"We shall press for the introduction of the women’s reservation Bill with 33 per cent quota and are more than hopeful that it will be passed", Mrs Gandhi told reporters after participating in the millennium peace chain at Congress headquarters at 24, Akbar Road.Top


 

General alert in TN

CHENNAI, Dec 19 (UNI) — The police has sounded a general alert all over Tamil Nadu today in the wake of the assassination attempt on Sri Lankan President Chandrika Kumaratunga in Colombo.

According to Tamil Nadu DGP F.C. Sharma, vigil has been stepped up at all strategic points and in coastal areas as a precautionary measure.Top


 

Satire should be healthy: PM
Tribune News Service

NEW DELHI, Dec 19 — The Prime Minister, Mr Atal Behari Vajpayee, yesterday said humorous and satirical writings should provoke readers into introspection and encourage creative thought.

"A satire should be healthy. It should be decent and should touch ones mind. It will then help society," the Prime Minister said while releasing two satire collections, "Ghar ki Murgi" and "Har Har Vyangya" by senior journalist and MP, Mr Dinanath Mishra.

The Prime Minister said in India people were always ready to laugh at others. "We don’t know to laugh at our follies," he said.

Noted satirist Jaspal Bhatti, who presided over the function, was facilitated by the Prime Minister with a shawl. Top


 

Plea for probe into PWG men’s killing

HYDERABAD, Dec 19 (PTI) — As the outlawed People’s War Group (PWG) has been dealt a server blow with the elimination of three of its top leaders, the police in Andhra Pradesh has come under fire from the Opposition and civil rights activists who claim that the Naxalites were killed in "fake encounters".

The killing of second-in-command Nala Adireddy, Santosh Reddy, secretary of the Andhra state committee, and Seelan Naresh, secretary of the north Telengana movement, earlier this month has evoked strong protests.

The Marxist-Leninist organisation also alleged that it was not a "genuine encounter" as the police claimed but a "cold-blooded" murder.

The Congress and Left parties demanded a judicial probe into the "police encounter".Top


 

NCP not to ally with Cong, BJP

AGRA, Dec 19 (PTI) — the Nationalist Congress Party will contest the forthcoming Assembly elections in Bihar, Orissa and Manipur in alliance with non-BJP and non-Congress parties.

"It could be the Samajwadi Party in Uttar Pradesh and the CPI and the Jharkhand Mukti Morcha in Bihar," NCP general Secretary P.A. Sangma told reporters here today.

The party would set up its unit in Uttar Pradesh by December 31, he said.

In reply to a question, Mr Sangma said he had turned against Congress President Sonia Gandhi the moment she staked claim for the post of the Prime Minister. "My conscience did not allow me to accept a person not born in India as Prime Minister".Top


 

Panel set up on Orissa cyclone

BHUBANESWAR Dec 19 (PTI) — The Orissa Assembly has set up a 17-member House Committee to take up with Prime Minister Atal Behari Vajpayee the issue of declaring the supercyclone devastations as a national calamity.

Headed by Speaker Chintamani Dyan Samantaray, the committee includes former Chief Ministers J.B. Patnaik and Giridhar Gamang, among others.Top


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in brief
  5-day physics symposium
CHENNAI: About 350 delegates from all over the country will participate in a five-day solid state physics symposium beginning at Kalpakkam, 40 km from here, on Monday. Held every year since 1957 in various parts of the country, this is the first time that the symposium is being held at the Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam, where a wide range of subjects, including super conductivity, surface science and physics instrumentation will be discussed. — PTI

Corporator’s bail plea rejected
NASIK:
Additional Sessions Judge P.B. Sawant on Saturday rejected the bail application of Nasik Municipal Corporator Gajanan Shelar (NCP) arrested in connection with a murder case. Mr Shelar, along with his brother Dilip, was arrested a few months ago on charges of murdering a police constable Jagdish Londhe during the Ganesh festival. Londhe was allegedly stabbed to death when he tried to intervene during a clash between NCP and BJP activists over pandal decorations. — PTI

Weavers’ plea on loom
COIMBATORE:
The Powerloom Development and Export Promotion Council has urged the Union Government to change the modalities and relax the terms and conditions of the Technology Upgradation Fund scheme, for the benefit of powerloom weavers, especially the small-scale sector units. In a statement issued here, council Chairman M.S. Mathivanan said he had met Prime Minister Atal Behari Vajpayee recently and requested him to permit free import of second hand loom, as there was not much of loom production in the country and import of new looms would be expensive. — UNI

Four kidnapped in Tripura
AGARTALA:
Four persons have been kidnapped by armed insurgents from different parts of Tripura, the police said here on Sunday. A 10-member armed gang on Saturday kidnapped a contractor Sanjoy Basak at gunpoint at Magrum village in South Tripura district, when he was on his motor cycle. Meanwhile, one person was kidnapped by the insurgents from Kabuk under Natunbazar police station of South Triputa district. In another incident, two persons were kidnapped by suspected NLFT insurgents from Bishramganj area in West Tripura district. — PTI

Cubs born near human habitation
TEZPUR (ASSAM):
Two tigresses on Friday gave birth to two cubs near Mitaam surrounded by human habitation in Sonitpur district. Locals have informed the matter to the wildlife authorities for their safe passage to the jungle. — UNI
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