Excelsior... Nation

India will crush
terrorism: George

From B L Kak

NEW DELHI, Dec 12: The Defence Minister, Mr George Fernandes, has declared that India.....more

Thackeray assails Pawar’s ‘compromising’ politics

MUMBAI, Dec 12: Shiv Sena supremo Bal Thackeray has sharply criticised NCP president Sharad Pawar ...more

JAIPUR, Dec 12: A ban or restriction on the movement of Goondas is violative of their rights to life and residence guaranteed under the...more

CPM activists take out
mock-funeral march,
burn Fernandes effigy

VIJAYAWADA, Dec 12: More than 100 activists of the Communist Party of India (Marxist) CPI (M) took out a mock-funeral procession today with a......more

Oppn intensifies campaign for ouster of Fernandes

NEW DELHI, Dec 12: Confrontation is building up in Parliament between the Government and a determined opposition,...more

Maratha strongman
Pawar turns 61

MUMBAI, Dec 12: The 61st birthday celebrations of Nationalist Congress Party (NCP) supremo Sharad Pawar started this morning with the former...more

Parliament committee suggests exclusion of Governors from NEC

NEW DELHI, Dec 12: A Parliamentary Committee has unanimously recommended exclusion of Governors.......more

For them, Eid in exile,
jails, under house detention

NEW DELHI, Dec 12: Several of Pakistan’s top politicians, including two former Prime Ministers, will celebrate Eid-ul-Fitr this year in exile, and .....more

India will crush terrorism: George

From B L Kak

NEW DELHI, Dec 12: The Defence Minister, Mr George Fernandes, has declared that India has the "resolve, strength and stamina" to resist terrorism until it is decisively crushed.

In his forthright statement against Islamabad’s policy of sponsoring cross-border terrorism in Jammu and Kashmir and other parts of India, Mr George Fernandes informed the Rajya Sabha that Pakistan has established a large infrastructure in Pakistan and Pakistan occupied Kashmir (PoK) for recruitment, training and indoctrination of terrorists.

Replying to a question by Mr Prem Chand Gupta, Mr Fernandes stated that the Government had appropriately and effectively brought to the attention of the international community the facts pertaining to Pakistan’s sponsorship of cross-border terrorism in Jammu and Kashmir and other parts of India. The matter, he said, had also been raised during high level discussions with world leaders.

The Defence Minister made it clear that no separate budget provision had been made for resettlement of widows of Kargil martyrs. He informed Mr Rama Shanker Kaushik that as a measure of rehabilitation of widows or next of kin of Kargil martyrs, the Government has paid them ex-gratia amount of Rs 10 lakhs each. The widows of Kargil martyrs have also been given an amount of Rs 5 lakhs for housing and Rs 1 lakh per child or Rs 2 lakhs per family for education of children from the National Defence Fund.

On measures to defend the bordering areas along Myanmar, Bangladesh and Bhutan, the Defence Minister told Mr W Angou Singh that the Government of India remained vigilant and has taken all necessary and appropriate steps to safeguard the sovereignty, territorial integrity and security of India.

He also made it clear that there was no proposal to exchange prisoners between India and Myanmar. He pointed out that while there has been an upswing in the relations between India and Myanmar in recent year, the construction of Tamu-Kalemyo-Kalewa road was likely to give further impetus to it.

Regretting that Pakistan had never acknowledged the presence of any Indian prisoner of war (POW) in its custody, Mr Geroge Fernandes said that as many as 54 Indian POWs were believed to be in Pakistani jails. Answering a question by Mr PK Maheshwari, Mr Fernandes said that New Delhi had consistently taken up the issue of their release and repatriation with the Government of Pakistan at all levels.

The Defence Minister recalled that his Prime Minister, Mr Atal Behari Vajpayee, had, during the Agra summit on July 15 last, urged the Pakistani President, Gen. Parvez Musharraf, to take urgent and purposeful action towards the release of these POWs. Following the Agra summit, the Pak Government reportedly conducted another search for Indian POWs, but again reiterated that there was no Indian POW in Pakistani jails, he said and added that New Delhi would continue to take up this issue with Islamabad.

Is the Government contemplating to sound a high alert in all ordnance factories in the country in view of the prevailing situation? Answering this question by Mr Bachani Lekhraj, Mr Fernandes pointed out that being vital defence production units, security in ordnance factories was ‘tight’ even in normal circumstances.

The Defence Minister explained that the degree of alertness "does vary" depending upon assessments of the prevailing situation. And he admitted that alertness had been heightened because of the present situation.

Thackeray assails Pawar’s ‘compromising’ politics

MUMBAI, Dec 12: Shiv Sena supremo Bal Thackeray has sharply criticised NCP president Sharad Pawar, who is celebrating his 61st birthday today, accusing him of adopting double standards and claiming that he had failed to make his mark in national politics despite having calibre.

Thackeray’s observations about Pawar appeared in today’s editorial of his party mouthpiece ‘Saamna’ even as political leaders of every hue from across the nation are expected to converge at the sprawling Mahalaxmi Turf Club here this evening to greet the Maratha strongman.

‘Pawar’s past clearly establishes his double standards and, he, despite having calibre and capacity, has failed to make a mark in national politics’, the editorial said.

As an opposition leader Pawar had excellent rapport with him, Thackeray recalled in the editoral and said he had shared the dais with the latter. The Sena chief also recounted the day when Pawar had attended the first public meeting held to announce the formation of Shiv Sena.

Pawar, while floating his NCP two years ago, had vowed to remain equidistant from BJP and Congress, the editorial reminded. However, it said, the Maratha leader was sharing power with Congress in Maharashtra and was hobnobbing with the BJP.

The ‘Saamna’ editorial recounts Pawar’s on and off relationship with Congress, his showering praise on Sonia Gandhi in the initial days and later criticising her foreign origin.

The editorial took a dig at Pawar, saying that ‘birthday celebrations of national-level leaders assume country-wide significance if they are celebrated in national capital of New Delhi’.

‘Those who aspire to be national leaders should think of future and march ahead. But Pawar wants to be the Prime Minister and Chief Minister of Maharashtra at the same time’, Thackrey remarked (UNI)

Even Goondas have rights: HC

JAIPUR, Dec 12: A ban or restriction on the movement of Goondas is violative of their rights to life and residence guaranteed under the constitution, the Rajasthan High Court has held.

Sub-Section (3) of Section 3 of the Rajasthan Control of Goondas Act, 1975, gave arbitrary powers to District Magistrates and imposed unreasonable restrictions on persons defined as ‘Goondas’, a bench comprising Mr Justice Shiv Kumar Sharma and Mr Justice Anoop Chand Goyal of the court said.

A closer look at the scheme of the act showed that the condition of Goondas was worse than that of prisoners, the judges said in their December 6 judgment, admitting an appeal against an order for the externment of two persons from Kota district of the state.

The judges said Sub-Section (3) of Section 3 of the act was violative of Article 21 and Article 19(1)(D) and (E) of the Constitution which guarantees citizens the right to life and the right to move freely, reside and settle anywhere in the country.

They said the act gave District Magistrates arbitrary powers to remove a person from one district to another. "The place selected by the District Magistrate may be one in which the person concerned may have no residential accommodation and no means of subsistence. It may not be possible for the person concerned to honestly secure the means of subsistence in the place selected...

"The state or its officers in exercise of executive authority cannot infringe rights of citizens merely because the legislature of the state has power to legislate in regard to a subject on which executive order is passed," the court said.

Under Sub-Section (3) of Section 3 of the act, District Magistrates are authorised to order a person to leave the district or desist from entering a district or its specified part until the expiry of a period not exceeding six months. The person might be asked to notify his movements and conduct himself as per the order.

In their writ petitions, counsel for Devendra Jain and Satya Narain alias Sattu said the act took away not only the liberty of the person but also his resources of employment, his duties towards his family members and also put an immediate problem of shelter on his head.

"In other words, it can be described as an economical death...The effect of such orders are higher than the regular imprisonment or preventive detentions," it was contended.

The Government counsel argued that the act, promulgated for the control and suppression of goondas and maintainance of public order, was just, proper and was not unconstitutional.

The judges cited supreme court judgements in the Chamelisingh vs. the state of UP case of 1996 and the state of MP Vs Thakur Bharat Singh (AIR, 1967) to stress that the basic human rights of citizens could not be taken away even though certain restrictions were allowed under Article 19(5) of the Constitution.

Legislative order needs to have the ‘quality of reasonableness’ and should strike a proper balance between freedom guaranteed in Article 19(1) and social control permitted in Clause(2) to (6) of Article 19, the judges stated.

"In the case of externment or internment orders the citizen’s freedom of movement under Clause (D) of Article 19 is curtailed and therefore unless such curtailment is justifiable under Clause (5) it is ultra vires," they said.

On a request from the Advocate General that suitable directions be issued to the state to redraft the provisions contained in Sub-Section(3) of Section 3 of the Act, the judges said it was not for the court to advise the state as to how the law may be redrafted so as to avoid conflict with the constitution. (UNI)

Oppn intensifies campaign for ouster of Fernandes

NEW DELHI, Dec 12: Confrontation is building up in Parliament between the Government and a determined opposition, who are in no mood to allow transactions in both the houses till Defence Minister George Fernandes is removed from the Union Cabinet over "misappropriation" of funds brought to light by the Controller and Auditor General’s report.

Leaders of opposition today had two meetings with the Government at the speakers’ chamber, but no breakthrough could be achieved, leader of the CPI (M) Parliamentary Party Somnath Chatterjee told a news conference.

The defence of the country is not safe till Mr Fernandes remains in office and it is high time that Prime Minister A B Vajpayee, who re-inducted him into his cabinet with gusto, removed him in the country’s interest, he said.

Briefing newspersons after a meeting of leaders of opposition parties in both Lok Sabha and Rajya Sabha, Mr Chatterjee said the opposition has no option but to continue to stall the proceedings of Parliament since the Goverment has failed to come out with its response to their demand.

Mr Chatterjee said Mr Fernandes compounded his mistakes by addressing a news conference yesterday to answer the charges levelled against him by the CAG report.

Accusing the Defence Minister of witholding information on date of purchases, Mr Chatterjee alleged that 75 per cent of the contracts were executed several months after the cessation of hostilities in Kargil.

Rejecting the contention of Mr Fernandes that findings of the CAG should be investigated by the public accounts committee, Mr Chatterjee said since the report has now become the property of both the houses of Parliament, the members could decide on the issue considering the seriousness of the findings.

The CPI(M) leader questioned as to why the army paid a sum of over Rs one lakh per piece to a US firm when the UN mission in Somalia had purchased the same type of coffin for Rs 8,000 only five years ago. The Government has not sued the US firm for breach of contract for over a year after the coffins delivered were not found upto the mark.

Taking exception to the Government’s reaction to the CAG report, Mr Chatterjee said the Union Law Minister Arun Jaitley has no business to cast aspersion on the Comptroller and Auditor General in a programme telecast last night.

He said opposition parties are meeting tomorrow morning to plan a strategy inside Parliament. All indications are that they would continue to stall the proceedings in both the houses, he added. (UNI)

Maratha strongman Pawar turns 61

MUMBAI, Dec 12: The 61st birthday celebrations of Nationalist Congress Party (NCP) supremo Sharad Pawar started this morning with the former Defence Minister cutting a 610-kg chocolate cake, prepared by his party workers, at the party office at Nariman Point here.

Mr Pawar, accompanied by his wife Pratibha and granddaughter revati, visited the NCP state headquarters at Nariman Point here where he was received by state NCP president Babanrao Pachpute and Maharashtra Minister of Higher and Technical Education Dilip Valse-Patil.

The S-shaped (S for Sharad) 61-feet long, three-inch thick cake weighing 610 kg was cut by Mr Pawar in presence of his wife and a host of party workers and leaders.

After spending around an hour at the party office, Mr Pawar left for Ramtek, the official residence of Maharashtra Deputy Chief Minister Chhagan Bhujbal, where a stream of visitors met him and extended their greetings.

On his arrival at Ramtek located at the Malabar Hill area, Mr Bhujbal, who is a close aide of Mr Pawar, welcomed him and offered him a shawl and a coconut. Mr Bhujbal’s wife Meenatai performed an Aarti and wished long life to the former Maharashtra Chief Minister.

Several MPs, MLAs and MLCs, top party functionaries greeted Mr Pawar, who was at Ramtek for over three hours. A special plane carrying another 100 MLAs attending the winter session of the state legislature at Nagpur will arrive here at 1430 hrs.

The grand finale of today’s function will be held at the Royal Western India Turf Club at Mahalaxmi where Prime Minister Atal Behari Vajpayee will greet the former leader of the opposition in the Lok Sabha in presence of the who-is-who of the country.

Maharashtra Governor P C Alexander will be the guest of honour at the function.

The Congress has said that their president Sonia Gandhi will not be able to make it to the function.

Maharashtra Chief Minister Vilasrao Deshmukh will attend the function since as a matter of protocol, he is required to be present as the Prime Minister will be attending the birthday bash. Mr Vajpayee will arrive here this evening by a special aircraft at Santacruz Terminal at 1800 hrs for which tight security arrangements and traffic regulation have been made.

However, mill workers under the banner of Grini Kamgar Sangarsh Samiti, have decided to hold a black flag demonstration against the celebrations.

Shiv Sena chief Bal Thackeray will keep away from the celebrations. "I cannot alter my stance for Mr Pawar’s birthday. He is my political rival," a leading newspaper quoted Mr Thackeray as saying.

The function will commence with a ten-minute film by Dr Jabbar Patel on Mr Pawar’s life and achievements. This will be followed by a music concert by Pandit Bhimsen Joshi, Pandit Shivkumar Sharma and Pandit Hariprasad Chaurasia.

A grand podoim has been erected for the function. Meanwhile, senior police officers and Special Protection Group (SPG) carried out a series of security checks in the morning at the Turf Club.

Impressive invitation cards with a photograph of Mr Pawar on the cover and ‘Shatayu Bhava’ has been despatched to over 3,500 guests including former Prime Ministers, political leaders, MPs and MLAs form various states, Chief Ministers, captains of the industry, people from the entertainment sector and mediapersons.

Former Prime Minister Chandra Shekhar is the Chairman of the Shri Sharad Pawar Felicitation Committee, while Mr Bhujbal and Praful Patel of the NCP are its convener and co-convener respectively.

The members of the committee are I K Gujral, Somnath Chaterjee, Dr Farooq Abdullah, Ramkrishna Hegde, Dilip Kumar, Lata Mangeshkar, N K P Salve, P A Sangma, Justice Y C Chandrachud, Pandit Bhimsen Joshi, Mohan Dharia, M F Hussain, Sanat Mehta, Rahul Bajaj, Mukesh Ambani, Dr Nilkanthrao Kalyani, Tariq Anwar, Shabana Azmi, Ashok Desai, R S Gawai, Deepak Parekh, Madhav Gadkari, Dr Raghunath Mashelkar, Sunil Gavaskar, Ramdas Athawale, Dr Vijay Bhatkar, Jogendra Kawade, Dr Wilfred D’Souza and Cyrus Poonawala.

Various functions are being organised between December 10-16 to mark the occasion. The functions include workshops, seminars and sporting activities.

The celebrations will culminate on December 16 at Nashik where Mr Pawar will address a massive farmers and workers rally. He will also be felicitated by five farmers on this occasion. (UNI)

Parliament committee suggests exclusion
of Governors from NEC

NEW DELHI, Dec 12: A Parliamentary Committee has unanimously recommended exclusion of Governors and inclusion of at least one MP from each north-eastern state in the North Eastern Council (NEC), as part of its suggestions to amend the NEC Act.

While "overwhelmingly" opposing the proposal to retain Governors as members of the nec, the standing committee of the Home Ministry felt there was need for inclusion of MPs from the states including Sikkim to broadbase NEC’s representative character.

In its report tabled in Parliament today, the committee opined that it should be left to the Government to devise a mechanism to elect or nominate at least one MP each from the constituent states in consultapresiding officers of both Houses of Parliament.

On the issue of Governors, the committee was "overwhelmingly of the view that only Chief Ministers of the states should continue to be the members (of the NEC) and the Governors should not be retained primarily because it meant duality of representation of the constituent states without any plausible rationale."

The committee sought executive powers for the NEC to ensure better and timely implementation of various schemes and projects under it, besides the powers to review the implementation of the on-going projects, many of which were suffering cost and time over-runs because of their tardy execution.

It also recommended inclusion of the Chief Executive members of autonomous district councils in the NEC saying it would lead to greater appreciation of developmental needs of these autonomous areas.

After thorough deliberations, it also decided that the nec would not have any security-related matters in its mandate as the basic concept was to have the body function as a nodal agency for all-round development in the entire northeastern region.

The standing committee felt it was essential to have state-specific projects or schemes so as to ensure balanced development of all of them in the region, the report added. (PTI)