|Monday, April 10, 2000,
SC strictures against HC
China for strong ties with India
Cross-voting due to
SC ruling on
insurers right to appeal
Retain Hardwar in UP, say
Antique objects found at Nanded
Liquor cartel exposed
SC strictures against HC
NEW DELHI, April 9 (UNI) The Supreme Court has passed strictures on the Allahabad High Court for exercising its "extraordinary jurisdiction under Article 226 of the Constitution in an "extra-ordinary manners by granting an interim mandatory relief to a trust to run a medical college though the central government had rejected such permission.
In a hot haste, in a case where there was no urgency, the high court by the impugned order dated October 11 1999, stayed the operation of the order dated June 4, 1999 passed by the central government rejecting the permission and directing the state government to allocate students to the medical college for the purpose of admission," the court noted.
Allowing appeals by the Union of India and the Medical Council of India (MCI), a Division Bench comprising Mr Justice M.J. Rao and Mr Justice M.B. Shah quashed the impugned interim order of the high court passed on a petition by Lucknow-based Era Educational Trust and another, which established the medical college.
"By granting stay of the order of Centre after obtaining recommendation of the MCI twice, it is difficult to hold that it would amount to a permission to establish the medical college," the judges observed.
The judges said the extraordinary powers under Article 226 were to be exercised for rendering justice in accordance with law.
"Medical colleges cannot be established except with the previous sanction of the central government as provided under the Indian Medical Council Act, 1956. Unfortunately, by granting this interim mandatory order without allowing the respondents therein time to file their counter affidavits, the high court not only violated the norms for grant of interim relief but has also violated the principles of natural justice and has allowed the petition on this date of its admission. It is apparent that on the day when the petition was presented, the high court straightaway granted the mandatory order permitting the trust to establish the medical college, the apex court pointed out.
However, considering the fact that the trust has started the college, students have been admitted and that the impugned high court order has been set aside by it, the court asked the medical council to recommend to the central government to grant permission after satisfying itself about the necessary requirements for medical college. The direction was given on the basis of a specific statement made on behalf of the respondent trust that all infrastructure requirements under the regulation framed by the medical council will be complied with and that a 300-bed hospital is likely to be ready within months.
In the event of
permission granted by the central government, under
Section 10 A of the Medical Council of India Act, the
court said the students who have been admitted to the
college after passing of the impugned high court order
shall stand allotted.
China for strong ties with India
BANGALORE, April 9 (UNI) The Peoples Republic of China (PRC) is ready to establish a cooperative and constructive partnership with India in the future on the basis of Panchsheel (the five principles for peaceful coexistence), according to Chinese Consul-General in Mumbai Huang Quan Heng.
Speaking at a function organised by the Sino-Indian Friendship Association of Karnataka to celebrate the golden jubilee of diplomatic relations between the two countries here today, Mr Heng said, "It is Chinas consistent and rock-firm aspiration, not an expedient. China views and handles its relations with India in a long-term and strategic perspective".
Mr Heng said the outstanding issues between China and India were no more than the boundary dispute left behind by history. The Chinese Government had always stood for a peaceful, fair and equitable solution to the boundary issue on the basis of the Panchsheel principles taking into account the present reality and the national feelings of the people of both countries, he said.
Mr Heng said China had already solved boundary issues with nearly all other neighbouring countries, including Russia. Although the boundary issue between China and India was a very complicated one and needed patience, a reasonable final solution could also be found as long as both sides were sincere in solving the issue according to these principles, he added.
He recalled how the famous Panchsheel jointly initiated in the 1950s by both countries contributed towards uniting Asian and African peoples against imperialism and colonialism and has now become the basic norms for governing international relations.
He recalled with gratitude Indias sustained support to get China its legitimate seat in the United Nations and also its support for his countrys entry in the WTO.
China and India have
identical views and common interests in a series of major
international and regional issues, he said. The existing
WTO trade system has inborn defects, as it failed to
fully reflect the rights, interests and demands of the
developing countries, he added.
SC ruling on insurers right to appeal
NEW DELHI, April 9 (UNI) In a significant judgement, the Supreme Court has held that an insurer of a vehicle, involved in an accident, cannot be allowed to join the owner or the driver in appeal against the award of the claims tribunal.
"The insurer by associating with the owner or the driver in the appeal, when the owner or the driver is not an aggrieved person, cannot be allowed to mock at the law, which prohibits the insured from filing any appeal except on the limited grounds on which it cannot defend the claims petitions, the court said earlier this week.
The ruling was handed down by a Division Bench comprising Mr Justice D.P. Wadhwa and Mr Justice D.P. Mahapatra while allowing an appeal by the widow and minor children of George, who died in a motor vehicle accident on May 28, 1989. The appellants were also awarded Rs 10,000 by way of cost.
The appeal was directed against a judgement of the Kerala High Court reducing the amount of compensation from Rs 3,78,000 awarded by the Motor Accident Claims Tribunal to Rs 2,27,320.
The claims tribunal gave its award on January 10, 1991 for Rs 3,78,000 with interest at 12 per cent per annum from September 1, 1989 with cost.
Cross-voting due to convenient morality
NEW DELHI, April 9 (PTI) Was it the triumph of free democracy or party management at its worse?
A wave of defiance saw some party candidates bite the dust in the Rajya Sabha elections, evoking sharp reactions as also suggestions from national leaders to eliminate cross-voting. But analysts say the rub lies elsewhere.
The recent phenomenon, which saw MLAs mainly of the Congress and BJP indulging in cross-voting, is reflective of the rapid decline of the party system which, unfortunately, no political party or leader is paying attention to, says Dr Ajay Mehra, a political analyst.
In similar vein, former Additional Solicitor General Abhishek Singhvi says "cross-voting" is not a result of ideology but of convenient morality.
"Its this culture that has to be rooted out", says Mr Singhvi, vehemently opposing the Home Ministers idea of open ballot to stem the rot.
"Advanis suggestion may be in good faith, arises from the perversion of our politicians, who have sold their vote to the highest bidder," he notes.
Prof Emeritus C.P. Bhambri of the Jawaharlal Nehru University sees in it "serious inner party conflicts, afflicting the Congress especially, going by the happenings in Bihar and West Bengal."
"Central leadership is losing control over state-level organisations either because their decisions were wrong or they were never taken seriously," observes Bhambri.
He, however, characterises "the cross-voting in the BJP as a different kind that which was guided by the logic of money among other things."
Adding to the problem is the fact that political parties have kept their doors open indicating that they are willing to go any lengths to retain power, Mr Mehra says ruing that it is all the more sad that "parties have lost the capacity to stem the rot."
Despite stern warnings from the national leaders of all parties, reports from states where such cross-voting occurred speak of no action being taken so far against the erring lawmakers.
In Orissa, where at least five Congress members surely crossed loyalties to humble party-backed candidate Radhakant Nayak, no disciplinary action has been taken.
In West Bengal, the Congress President is not averse to alignment with breakaway faction lead by Mamata Banerjee, lest the Trinalmool attract more disgruntled Congress lawmakers into its fold.
Both Mr Bhambri and Mr
Mehra point that in a delicately poised House with wafer
thin majorities, theres no party that can afford to
take drastic steps as expulsion, for it would only
deplete their voting strength in the game of numbers.
Retain Hardwar in UP, say residents
HARDWAR, April 9 (UNI) A convention of non-BJP national and state political parties here today flayed the attempts to "pressurise the Centre to include Hardwar in the proposed state of Uttaranchal.
Leaders of the parties, including the BJPs allies in Uttar Pradesh, pointed out the geographical, linguistic and cultural differences between Hardwar and the hill districts and said they were opposed to attempts by some Uttaranchal leaders to include the pilgrim town in the new state.
Local MLA and convener of the convention, Ambrish Kumar, said the state Assembly had passed five resolutions opposing Hardwars inclusion in Uttaranchal and vowed to oppose the "affront to public opinion.
Zila panchayat chairman Rajendra Singh claimed there was socio-political consensus in the state on retaining Hardwar in Uttar Pradesh.
The leaders decided to meet the President and establish contacts with national leaders of all parties and apprise them of the peoples feelings. They would also organise a demonstration before Parliament.
Antique objects found at Nanded Sahib
NANDED, April 9 (PTI) Several weapons and other objects believed to date from the times of Sikh ruler Maharaja Ranjit Singh and the tenth Sikh guru, Gobind Singh, have been unearthed from the historical Sachkhand gurdwara premises here.
The weapons were found when some rooms in the Darbar Hall of the gurdwara, which had remained closed for an unknown period of time, were opened yesterday, according to the president of the Sachkhand Gurdwara Board, Mr Sher Singh Fouji.
The Darbar Hall was built by Maharaja Ranjit Singh.
Mr Fouji said the articles would be referred to historians for dating.
Liquor cartel exposed
BHOPAL, April 9 (UNI) An inquiry into the use of forged bank instruments by liquor contractors during the auction of liquor shops in some parts of the state has revealed that the entire conspiracy was planned meticulously.
Through the use of false bank drafts, members of the gang would try to arrive at an understanding with other participants after making their bids in the auction, sources here said.
As the bids of these
members would invariably be the highest, the other
participants were compelled to negotiate with them. After
reaching an understanding the members would withdraw from
directive to pay compensation
in Vaidya case
11 killed in two
CAG pulls up
NDMC on dues
protection to witness
5 cops hurt in
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