Fatehabad sans Dist Telegraph Office
FATEHABAD, July 21 — A delay on the part of the Telecommunication Department to set up a District Telegraph Office here is causing a lot of problems for the local people. Though the approval for starting the DTO here has already been made the matter is being delayed for want of proper building and staff.

Dist administration sounds alert
AMBALA, July 21 — The district administration has asked the Drainage and Flood Control Departments to remain vigilant to meet any situation arising out of heavy rains since yesterday.

Man electrocuted

HC disqualifies 2 Haryana MLAs
By Our Legal Correspondent

CHANDIGARH, July 21 — The Punjab and Haryana High Court today declared two Haryana Ministers, namely Mr Charan Dass Shorewala and Mr Vinod Kumar Mariya, who were originally elected on Mr O.P. Chautala's Samata Party ticket, as disqualified from the Haryana Assembly as per the provisions under paragraphs 2 (i) (a) of the 10th Schedule of the Constitution, known as the anti-defection law.

A Division Bench comprising Mr Justice H.S. Brar and Mr Justice V.M. Jain, who handed down this judgement while allowing the writ petition filed by Mr Varinder Kumar, MLA, held that the case of the respondents (Shorewala and Mariya) was squarely covered by the anti-defection law.

The Bench also set aside the order of the Haryana Speaker, dated June 26,1998, to the effect that the provisions of the anti-defection law did not apply to this case.

Both the respondents had been elected to the Assembly along with 22 others on the Samta Party ticket but were expelled for anti-party activities. They were declared as unattached by the Speaker on November 7,1996, and then inducted into the ministry by Mr Bansi Lal on January 14, 1997.

The Speaker had accepted the contention on behalf of the respondents that since the Samta Party had merged with the Samajwadi Janata Party and since the respondents had opposed the merger, they became unattached members and had not defected. Hence they were not covered under the anti-defection law for not obeying Mr Chautala's whip.

On the other hand, it was argued by counsel for the petitioner that on the Vidhan Sabha record no merger under the law has taken place. All the 24 MLAs elected on the Samta Party ticket continued to be members of the legislature party.

It was submitted that there was no term as unattached members in the 10th Schedule. Besides, at least two-third of the legislature party members had consented or agreed to the merger which had not been done in the present case. Thus there was no merger of the Samta Party with the SJP, therefore, the two MLAs continued to be members of the same party and stood disqualified for violating the whip issued by the party when they were ministers.

Mr H.S. Mattewal, senior advocate, and Mr Sanjiv Sharma, appeared for the petitioner while Mr D.D. Thakur, Senior Supreme Court lawyer, with Mr Virender Mittal represented the respondents. Mr H.S. Huda, A.G., appeared for the state of Haryana, while Mr P.K. Mutneja appeared for the Speaker.

Gulati restrained from working as LR
Tribune News Service

CHANDIGARH, July 21 — The Punjab and Haryana High Court today restrained Mr B.L. Gulati, a former District and Sessions Judge, from functioning as Legal Remembrancer of Haryana.

Mr Justice G.C. Garg and Justice (Mrs) Bakshish Kaur, who handed down this interim order on a petition preferred by the High Court, allowed the Haryana Advocate-General's request for time to file reply to the petition. The case was adjourned to August 24.

Earlier, the Advocate-General appeared before the Bench and claimed that the post of Legal Remembrancer had been lying vacant since June 8 when Mr Gulati had retired from service. He said Mr Gulati had merely been asked to continue till the appointment of his successor.

The Advocate-General maintained that the state government had written to the High Court to appoint a Legal Remembrancer but there was no response.

Rebutting the arguments put forward by the Advocate-General, counsel for the High Court told the Bench that the Haryana Government had played "double mischief". While Mr Gulati had been asked to continue till his successor was appointed, the government had taken away from the High Court the power to appoint the Legal Remembrancer.

The notification impugned by the High Court, counsel told the Bench, had amended the rules and vested the power of appointment in the state government itself. He said the government was, in fact, demanding a panel of names from the High Court out of which it would choose a person of its choice as Legal Remembrancer.

Speaking for the Bench, Mr Justice Garg repeatedly asked the Advocate-General whether he was willing to make a statement that the High Court had the right to appoint the Legal Remembrancer. He observed that the government could not ask the High Court to give a panel of names.

The petition questioning the continuance of Mr Gulati as Legal Remembrancer and the notification issued by the Haryana Government on March 24, 1998, amending the rules, had come up for hearing yesterday.

The stand of the High Court was that the post of Legal Remembrancer was a cadre post in the state's Superior Judicial Service and could be filled only by a serving Judicial Officer. The High Court described Mr Gulati's continuance as a "fraud on the Constitution" and an "undisguised subversion of the rule of law".

DA’s transfer stayed

The High Court has stayed the order of the Haryana Government dated July 2 insofar as it related to the transfer of Mr A.R. Rajesh Samota, District Attorney with the Haryana State Pollution Control Board from Chandigarh to the Police Training College at Madhuban (Karnal).

The Chief Justice, Mr Arun. B Saharya, and Mr Justice V.K. Bali, who constituted the Bench, also issued notice to the Haryana Government and the state Pollution Control Board for September 14.

The Bench observed: "In view of the allegations of mala fides made in the writ petition, operation of the impugned order dated July 2, 1999, in respect of petitioner-A.R. Rajesh Samota is stayed."

The petitioner state that as a District Attorney with the board, he was handing important public interest litigation, including the court cases involving Mr R.A. Goel, a former Chairman, and other important matters. His work had always been appreciated by the board.

He claimed that on October 7, 1997, he received a note from Mr Subhash Chaudhary, Minister for Environment, desiring that Mr Y.S. Siwatch, an advocate, be retained as standing counsel of the board for handling environment court matters at Hisar. A number of complaints had been received against Mr Siwatch which compelled the board to dispense with his services. The petitioner alleged that Mr Siwatch was a close relative of Mr Bansi Lal.

Mr Samota also alleged that Mr Siwatch visited the board office on June 29 and threatened to withdraw the order dispensing with his services failing which he would get him shifted. Hence his transfer from Chandigarh to Madhuban.

Haryana plea to Centre on case
Tribune News Service

CHANDIGARH, July 21 — The Haryana Government today urged the Union Home Secretary to entrust to the CBI the investigation of a case registered by the Faridabad Police against Sunil Behl, as alleged trickster, who had cheated several multinational companies and individuals.

Behl and his wife, Savita, who are facing charges on seven counts of fraud, deceit, impersonation and theft that run into several crores, were arrested by the Faridabad police on May 15. After their custodial interrogation they were remanded in judicial custody.

A case under Sections 420, 467, 468, 471 and 171 IPC was slapped on them.Earlier the Director-General of the Haryana Police, Mr A.S. Bhatotia, had got the statement of Sunil Behl recorded to ascertain the involvement of other persons.

In a letter to the Chief Secretary, Mr R.S. Verma, Mr Bhatotia wrote that Sunil Behl is a "notorious cheater and a fraudulent person". He also sent to Mr Verma a copy of the statement of Sunil Behl.

The Haryana Government has sent all relevant documents, including the statement of Sunil Behl, to the Director of the CBI for investigating the case.

Lawyers go on indefinite strike
From Our Correspondent

FATEHABAD, July 21 — Lawyers of the local Bar Association went on an indefinite strike here today against the failure of the Punjab and Haryana High Court and the Haryana Government to set up a district court here.

A meeting of the local Bar Association was held here today. The members said that its repeated requests in this regard had failed to move the authorities concerned. The lawyers alleged that the failure of the state government to constitute a district court here even after two years of Fatehabad getting the status of a district headquarter was causing a lot of problems to the local residents.

They alleged that the government had already set up a district court at Jhajjar, though the two towns were simultaneously elevated to the status of a district headquarter. They added that the matter was being delayed on flimsy grounds such as non-availability of accommodation for the residence of the judges.

Fatehabad sans Dist Telegraph Office
 From Our Correspondent

FATEHABAD, July 21 — A delay on the part of the Telecommunication Department (DoT) to set up a District Telegraph Office (DTO) here is causing a lot of problems for the local people. Though the approval for starting the DTO here has already been made the matter is being delayed for want of proper building and staff.

Fatehabad was elevated as a district headquarter two years ago. At present, the telegraph office operated at the main post office here opens from 8 a.m. to 4 p.m. On Sundays and other holidays, the office opens for one hour only.

The DTO will require four operators, two teleprinter operator and a messenger. The staff, according to sources, is not a major problem. The department has not been able to select a proper building for this purpose.

Dist administration sounds alert
From Our Correspondent

AMBALA, July 21 — The district administration has asked the Drainage and Flood Control Departments to remain vigilant to meet any situation arising out of heavy rains since yesterday.

Mrs Navraj Sandhu, Deputy Commissioner, here said at present the situation was under control and does not call for any alarm. The steps had been taken only as a precautionary measure.

Meanwhile, the heavy downpour since yesterday has disrupted life here. Water entered houses of many localities in the city.

Man electrocuted
From Our Correspondent

AMBALA, July 21 — One person was electrocuted here today while hanging a wet shirt on a live wire in his shop.

The victim has been identified as Satish Kumar of Saha village.