I’ve never been confident
as an actor: Bachchan

NEW DELHI, Oct 16: Believe it or not, Amitabh Bachchan has never been confident as an actor at ......more

Minister unhappy
over delay in
implementation of project

CHENNAI, Oct 16: Union Environment and Forest Minister TR Baalu today expressed unhappiness ....more

AIR broadcast
Mahadevaswamy’s
appeal to Veerappan

BANGALORE, Oct 16: The process to establish contact with forest bandit Veerappan to end the 53.....more

Free power, water to farm
sector withdrawn in Punjab

CHANDIGARH, Oct 16: Punjab Government today withdrew the facility of free power....more

Opposition stages walkout
in Pondicherry Assembly

PONDICHERRY, Oct 16: Members of the opposition AIADMK and the BJP staged a walkout in the .......more

SC against arbitrary
appointments on
compassionate grounds

NEW DELHI, Oct 16: The Supreme Court has held that courts cannot direct appointments on........more

Amarinder equivocates
on Badal’s arrest

CHANDIGARH, Oct 16: Punjab Chief Minister Captain Amarinder Singh today equivocated on the ....more

HVC will have no truck
with BJP, Congress

SHIMLA, Oct 16: The Himachal Vikas Congress would have no truck with BJP or the Congress and .....more

Sarva Shiksha Abhiyan a success: Joshi ....

SC caution against award of damages for minor infractions ...

I’ve never been confident as an actor: Bachchan

NEW DELHI, Oct 16: Believe it or not, Amitabh Bachchan has never been confident as an actor at any stage of his long acting journey as the ‘star of the millennium’ is always hesitant about his performance and career.

" In my 33-year-long career as an actor, I was never confident at any stage. I feel always hesitant as to what will happen next in my career and how will I give my shot.

But it is this incertitude that keeps me on my toes, avoid complacency and enables me to perform to the potential,’’ the mega star confessed during an interaction with the press and people at the India Habitat Centre here last night.

Bachchan said like every actor, he also wishes to do new roles and is always ready to entertain a novel subject to challenge his professional creativity.

"Though I have come a long way, I still love to grow. For a creative person, satisfaction is death," he added.

The superstar hopes to work in several more films, as long as work comes his way, with a new generation of directors.

To a question about evaluating himself at 60, big B candidly replied: "well, I shall work as long as I am given work. If I do not get work, I am not above hustling for it.

"Besides, I am hoping to read some of my father’s poems on stage."

The legend expressed his feelings that as he grows older he loves to do some of the things that his son Abhishek does, but the actor does not want to see himself in a rocking chair reading a book.

Revealing that it was not his designed ambition to become an actor, Amitabh clarified, " I have been associated with stage from my school days as a part of extra-curricular activities. I used to love being on stage. For me, film is just as an extended medium. It is all destiny that directs you and you can’t go against its rule."

after his initial films bombed at the box office, the Bollywood Badshah admitted, he had had second thoughts about acting.

"I felt that I had made a wrong decision, may be this is not the place for me. It would have been extremely embarrassing for me to get back to Kolkata to my old job.

"Blessings of my parents and encouragement and support of family and friends kept me going and ultimately things changed.

"Faced with the choice, I will go through it all again - even the failures."

He pointed out, " most of the time you do not come up to your expectations and then frustration follows. And it happened with me. But I feel one should have enough faith in one’s potential and performances, to just go on irrespective of the result.’’

Describing acting as the " most frustrating profession" in terms of frequent ups and downs, the Shahenshah said there is no set formula to achieve success in the dream world. " I always follow my father’s mantra — Tumhare Man Ka Ho To Accha, Na Ho To Jyada Accha (if things happen the way you wish, that’s fine. But if they don’t, then even better.)’’

Though Amitabh has almost cleared his debts to creditors, the lanky actor feels that he will always be indebted to people for their affection and love which saved his life after an accident during the shooting of ‘Coolie’ in 1982.

"The love and affection of fans all over the world makes me very sentimental. I am truly indebted to all as I do not deserve such generosity.

This is one debt that I will carry right to my grave,’’ an emotional Bachchan added.

Asked about his parents’ reaction to the news of the Abhishek-Karisma engagement and the 60th birthday celebrations, the poet’s son said they have reached a stage where they do not register such happenings."But, of course, somewhere they are bound to be happy’’.

Whether the image of a sensitive and wise anchor on ‘KBC’ is a hindrance to being severely experimental in cinema, the versatile actor explained that he has the freedom to do all kinds of roles. But if the audiences are sensitive about his image, then he will get back to playing the good man again after ‘Kaante’ and ‘Boom’.

On the fiasco of ABCL, Amitabh said, the entertainment company grew so quickly that the management lost control over it.

About politics, the screen rebel reiterated in the negative. "Though I fought and won an election, I realised that politics is not my cup of tea. For me, it fails to entertain emotion and sentiments. No and never." (AGENCIES)

Minister unhappy over delay in implementation of project

CHENNAI, Oct 16: Union Environment and Forest Minister TR Baalu today expressed unhappiness over the Tamil Nadu Government’s delay in implementation of a project to clean the rivers flowing across Chennai.

‘The work is going on at a snail’s pace. I do not know whether it would be completed by the targetted period of 2004', he told a press conference here.

He said like the Chennai project, his Ministry had cleared six other projects to clean the rivers in the State. But only in the Vaigai river project, some progress had been made, he said.

Describing the achievements of his Ministry in the last three years as "great", he said the ministry wanted to increase the forest cover in the country from the present 13.3 per cent to 25 per cent by 2007 and to 33 per cent by 2012. The ministry had chalked out an action plan for this purpose, he said.

He said his Ministry had decided to send funds for the development of forests directly to joint forest administrative committees, constituted recently.

He said the centre had decided against involving the corporate sector in upgrading the degraded forests.

He said India would be hosting the eighth conference of parties to the un convention on ‘climate change and adverse effects’ from October 23 to November one at New Delhi. Over 6000 delegates would be participating in the conference, he said.

Baalu said the centre had approved three insect resistant bt Cotton Hybrid Developed by the Maharashtra Hybrid Seed Company for commercial cultivation in the country.

It was also considering allowing transgenic mustard and import gm food (corn-soya and crude degummed soya bean oil), he said.

The plan outlay for the tenth five year plan had been fixed at Rs 5770 crore against an allocation of Rs 2954 crore for the ninth plan, he said.

He said his Ministry had approved the rope-way project from Tirupathy to Tirumala in principle, but yet to receive detailed project report for the enviromental clearance.

On the NDA Ministry completing three years in office, he said the period was extremely good for the country.

NDA had given a corrupt-free and scam free Government for the country, he claimed. ( PTI)

AIR broadcast Mahadevaswamy’s appeal to Veerappan

BANGALORE, Oct 16: The process to establish contact with forest bandit Veerappan to end the 53 day-old abduction crisis involving former Minister H Nagappa was set in motion today with all India Radio airing a message by local JD(U) leader Ponnachi Mahadevaswamy to the outlaw that he was willing to negotiate with him.

The recorded message of Mahadevaswamy, whom the fugitive has chosen as an emissary along with jailed Tamil activist, Kolamani was broadcast today from here, security advisor to the Karnataka Government T Srinivasulu told PTI.

Karnataka DGP T Madiyal said Mahadevaswamy, the Kollegal Taluk unit JD-U President, has asked Veerappan to respond whether he was willing to talk to him if he ventured into the forests alone, in the light of the brigand’s insistence that he accompany Mani for negotiations.

Mahadevaswamy has outlined the legalities that were involved in Mani being enlarged on bail, a process which is likely to take some more time.

He has also appealed to Veerappan to release Nagappa on humanitarian grounds and said he would meet him after Mani was enlarged on bail to discuss his demands.

Mani is currently lodged in bellary jail in connection with five cases launched against him including one under TADA and his bail applications pending before the state high court were expected to come up for hearing sometime this week or early next week.

As the eight-day deadline set by Veerappan to send the two emissaries to negotiate the release of Nagappa came to an end, Chief Minister S M Krishna summoned Mahadevaswamy yesterday to ascertain whether he would play the role of the negotiator.

Mahadevaswamy met Karnataka Home Minister Mallikarjun Kharge and top police officials yesterday and agreed to undertake the mission alone. After consultation with Madiyal and Srinivasulu, Mahadevaswamy decided to send his message through air to the Bandit.

Veerappan in his third audio cassette, dropped at Nagappa’s farm house in Kamagere in Chamarajnagar district on October 13, demanded Government to depute Mani and Mahadevaswamy to him within eight days, failing which, he warned that the hostage would be harmed.

Government without loss of time announced that it was ready to depute Mahadevaswamy, if he was willing to go into the jungles to talk to Veerappan and had no objection to Mani, joining the former, if court granted him bail.

The State high court, before which the two bail applications of Mani came up for hearing last week, adjourned them to this week.

The High Court is on vacation till this week end.

Mani is facing two cases each here and in Mysore, besides one under TADA.

In the TADA case, the State is yet to file chargesheet before the court. (PTI)

Free power, water to farm sector withdrawn in Punjab

CHANDIGARH, Oct 16: Punjab Government today withdrew the facility of free power and water to the agriculture sector to avert what Chief Minister Captain Amarinder Singh described as ‘black diwali’ ( coming festival of lights) in the State.

The decision to withdraw the facility, given by the erstwhile Badal Government in March, 1997, was taken by the Council of Ministers which met under the Chief Minister here today.

Defending the decision, Amarinder Singh said since it was recommended by the Punjab State Electricity Regulatory Commission (PSERC), a judicial body set up under an act of Parliament, it was binding on the State Government to implement it. "We have decided to implement the PSERC’s tariff order in full because we have no other option,"the Chief Minister told a news conference immediately after the Cabinet meeting.

With this decision, Punjab farmers would have to pay tariff of Rs 60 per BHP per month on agriculture pump sets, while the State Government would provide subsidy of Rs 152 per BHP, costing the exchequor Rs 750 crore per year. Besides, another subsidy of Rs 50 crore would be provided by the State Government on account of free supply of 50 units per month to Dalit families with connected load of upto 300 watts.

The Chief Minister said irrigation levies, which were also withdrawn by the previous Badal Government, would be reimposed with immediate effect to raise money for cleaning the canal system clogged by silt. The Government also raised tariff by eight to eleven per cent for industrial, commercial and domestic sector in compliance of the PSERC’s order which said "if tariff rates for agricultural pump sets are withheld it will not be possible to implement the tariff order for other categories".

The Chief Minister said it was binding on his Government to implent the tariff hike because the decision to set up PSERC followed a Memorandum of Understanding (NoU) signed by the previous Badal Government with the Union Ministry of power on March 30, last year.

The resumption and hike in power tariff had also become imperative to revive precarious finances of the Punjab State Elecrtricity Board (PSEB) which is left with only four-day coal reserve as against the stipulated 21-day reserve, Amarinder said, adding Coal India has demanded immidiate payment of Rs 52 crore arrears, failing which it threatened to stop supply. "We have been able to defer payment of freight to the railways till December-end because of the intervention of Central Government , the Chief Minister said. "In these circumstances we had no option but to implement the tariff order or we could have (faced) black Diwali",he added. The Chief Minister disclosed that water level in Punjab’s dams’ reservoirs, except Bhakhra, has gone down by 40 to 60 percent this year as compared to the corresponding period last year and hence with no surface irrigation and PSEB going ‘sick’ , the Government has to purchase power to ensure eight-hour supply for wheat sowing next month. "We need Rs 200 crore to buy power to ensure eight-hour supply to the farm sector for just one month from November one to 30 , as against just three-hour supply being made now, he added.

On Congress party election manifesto promise to continue free power supply to the farm sector, Amarinder said we will implement it when we are in a position to do... When financial situation improves .

Lamenting that the previous Badal Government failed to provide even Rs seven crore during its five-year rule to the irrigation department to cleanse the canal system, the Chief Minister said his Government has decided to resume charging of irrigation levies to revive the department which, he claimed, had come to a halt during the previous Akali-BJP regime. There was no water at tail-end of canals and this had demoralised the farmers, particularly in South Punjab which relies mostly on canal irrigation, he added. We require Rs seven crore to desilt the canal system and resumption of irrigation levies will help us do it and revive the morale of the farmers and department .

Secondly, the Chief Minister said irrigation water had got polluted in certain areas of Bathinda and Mansa districts, leading to rise in cancer cases in these two districts of south Punjab, popularly known as Malwa region, adding the health department along with experts from PGI, Chandigarh would visit the affected areas to find out reasons for the disease. (UNI)

Opposition stages walkout in Pondicherry Assembly

PONDICHERRY, Oct 16: Members of the opposition AIADMK and the BJP staged a walkout in the Pondicherry Assembly today in protest against Speaker MDR Ramachandran’s refusal to admit an adjournment motion by them to discuss certain issues.

As soon as the House assembled after a 30-minute adjournment, the Speaker read out the list of adjournment motions, calling attention motions and half-an-hour discussions given by the opposition members on some important issues and said due to lack of time he could not admit all.

He said the matters had been forwarded to the ministers concerned and the members could get a reply from them.

However, considering the importance of the Cauvery water issue, the Chief Minister N Rangaswamy said a Government resolution would be moved tomorrow and the members could participate in the discussion.

Provoked by this, members of the AIADMK and the BJP asked the Speaker whether the issues put forth by them were not important. As Mr Ramachandran passed on to the other business of the day, amid noisy scenes, AIADMK members A Anbazhagan and A Kasilingam and BJP member A M Krishnamurthy walked out of the House.

Earlier, Mr Anbazhagan was seen having heated exchanges with the Speaker over the ommission of one of his calling attention motion. While reading out the adjournment motion and calling attention motion given by the members, Mr Ramachandran failed to read out the calling attention motion given by Mr Anbazhagan on the issue of imposing a ban on single digit lottery in the Union Territory.

Mr Ramachandran said the member should not intervene before he completed his speech and asked Mr Anbazhagan to remain calm. But as Mr Anbazhagan continued to raise queries, other opposition members, including leader of the opposition R V Janakiraman, also joined him and asked why issues such as the conduct of local body elections and sexual harassment of girl students in Karaikal could not be admitted, leading to noisy scenes.

Later, Mr Rangasamy introduced the salary, allowance and pension of members of the legislative Assembly (Pondicherry) amendment bill 2002. The bill, to be passed tomorrow, envisages the enhancement of the secretariat allowance of the members from Rs 1,000 to Rs 5,500.

Local Administration Minister A Ezhumalai also introduced the Pondicherry Motor Vehicle Taxation (amendment) bill 2002 in the House.

Meanwhile, in a statement here, Mr Anbazhagan pointed out the plight of the Karaikal ryots due to the prevailing drought conditions and non-availability of Cauvery water. As the Speaker denied permission to discuss this burning issue and other important issues in the house the AIADMK members were forced to stage a walk out, he added. (UNI)

SC against arbitrary appointments on
compassionate grounds

NEW DELHI, Oct 16: The Supreme Court has held that courts cannot direct appointments on compassionate grounds outside the provisions of the scheme in force governed by rules, regulations, and instructions.

If in a given case, a department of the Government concerned declines as a matter of policy not to deviate from the mandate of the provisions underlying the scheme and refuses to relax the stipulations in respect of the ceiling fixed therein, the courts cannot compel the authorities to exercise their jurisdiction in a particular way and that to by relaxing the essential conditions, the court said.

The ruling was given by a bench of Mr Justice Doraiswamy Raju and Mr Justice Shivaraj V Patil while setting aside an order of the central administrative tribunal as confirmed by the Delhi High Court.

The tribunal, by the impugned order, had directed the Union Commerce Ministry to appoint one Joginder Sharma on compassionate grounds as his father, working as a security guard in the office of the Noida export processing zone, had died in harness.

Earlier, the ministry had turned down Sharma’s request for appointment on compassionate grounds, stating that the five per cent quota fixed for such appointments had already been exhausted. "The compassionate appointment is intended to enable the family of the deceased employee to tide over the sudden crisis resulting due to the death of the sole bread-earner, who died leaving the family in penury and without sufficient means of livelihood," the Supreme Court judges observed.

The judges said if under the scheme in force, any such claim for compassionate appointment can be countenanced only as against a specified number of vacancies arising, in this case five per cent, the tribunal or the high court could not compel the department concerned to relax the ceiling and appoint a person.

The judges noted that since this method of appointment was in deviation of the normal recruitment process where people were waiting in queue indefinitely, the policy laid down by the Government regarding such appointments should not be changed by the courts and tribunals by issuing directions for relaxation, merely on account of sympathetic considerations or hardships of the person concerned.

So far as the case on hand was concerned, the judges said, both the tribunal as well as the high court seemed to have fallen into a great and similar error by issuing the impugned direction. (UNI)

Amarinder equivocates on Badal’s arrest

CHANDIGARH, Oct 16: Punjab Chief Minister Captain Amarinder Singh today equivocated on the much-hyped issue of detaining his predecessor Parkash Singh Badal on corruption charges. But he reiterated Badal could be arrested "soon but not tomorrow and certainly not too late" either.

However, he added, "soon does not mean two years down the line."

Replying to a volley of questions on the issue at a news conference here, he claimed, "we will be able to substantially prove pre-poll (corruption) charges against him," adding police investigation "points to (corruption by) Badal, his wife and son". Amarinder, in a written statement before the Punjab Assembly elections, had charged Badal and his family with having amassed assets of Rs 3,500 crore in India and abroad during his five-year rule in Punjab.

Asked if the arrest of former Ferozepur SSP Gurcharan Singh Pherurai yesterday has helped investigating agencies close in on Badal and his family, the Chief Minister quipped,"Pherurai is just one cog in the large wheel of corruption " allegedly indulged in by the former Chief Minister and his family members.

The Chief Minister discounted the possibilty of any mass unrest in Punjab in the event of Badal’s arrest. He scoffed at Badal’s suggestion that "Punjab could be fire " if he was arrested.

Capt Amarinder said unlike the past Badal would be arrested on corruption charges and hence there was no possibility of Punjab on fire as was being threatened by the former Chief Minister. He asked, " had Badal looted Punjab for the sake of Punjab or Panth (Sikh community)? " and then replied it himself, alleging that the Akali party president had " looted the State for personal and family aggrandisement" and hence no body would be ruffled by his arrest on corruption charges. Amarinder said, " we will arrest him (Badal) as soon as we are ready with our investigation ", but at the same time added court of law could also send him to jail. When reminded that the authority to arrest any accused rested with the State executive and its investigating agencies, the Chief Minister quipped,"I will tackle him (Badal) when I have to tackle."

While sounding hawkish about Badal throughout his press conference, Amarinder reminded the Akalis in general that they need not get be stirred by Badal arrest on corruption. "They as citizens of Punjab can live happily," the Chief Minister said, but reiterated that his Government’s drive to eradicate corruption in Punjab would continue.

When told that in public perception he was treating Badal differently from his erstwhile ministerial colleagues, three of whom had been arrested by his Government, Amarinder quipped,’’ we will arrest him when we have a fool-proof case against him. We do not want leave any lacuna in our investigation.’’

The Chief Minister replied in the negative when asked if he had received any communication from Union Home Minister L K Advani regarding his Government’s probe into corruption charges against Badal. He added,"I have not received any reply (from the Home Minister) regarding physical threat( to Badal’s life). Our agencies have no such information may the central agencies have some they (Union Home Ministry) should inform us." (UNI)

HVC will have no truck with BJP, Congress

SHIMLA, Oct 16: The Himachal Vikas Congress would have no truck with BJP or the Congress and would contest all the 68 seats in the ensuing Assembly elections in the state.

The decision was taken at the crucial meeting of the HVC executive here today, putting an end to all speculations in this regard. The meeting decided that it would go to the masses with its economic programme promising a debt free state and employment to local youth and field candidates committed to the programme of the party.

Briefing mediapersons after the meeting, the party supremo Sukh Ram said that he had offered both BJP and the Congress to make a firm commitment to implement the programme as a pre condition for forging an alliance but none of the party responded to it.

He said that any commitment at this belated stage by any of the two parties would not carry convicion and he was of the considered view that neither the BJP nor Congress had any leader who had capability to to implement his programme.

However, the non BJP and non-Congress parties with their own election symbol could be accommodated on mutually agreed terms but the spliter groups without any symbol would not be entertained in any effort to form a third front, he added.

The HVC supremo clarified that party’s support to the BJP Government would continue for full five year term as promised and said that the final judgement on the conduct of the alliance prtners would be pronounced by the electorate in the coming Assembly polls.

He said that HVC did not agree with a number of decisions taken by the BJP Government but did not pull out of the Government as it was committed to extend support for full five year term but it would make its stand clear on all such issues during the campaign.

He strongly objected to the manner in which the Government signed the Memorandum of Understanding for execution of mini and micro hydel projects and said that HVC if returned to power would cancel all such MoUs.

Sukh Ram said that he had prepared an exhaustive plan for massive employment generation by utilisation of waste forest lands and promoting environment friendly and local resource based industries but no effort was made to implemented the schemes prepared by him.

He said that the state had already entered into debt trap and in case sincere efforts were not made to generte resources, the Government would not have funds even to pay the salaries to the employees. He justified the abolition of the State Human Rights Commission and said that he was opposed to all such institutions which were white elephants and caused avoidable burden on state exchequer. He said that the State Government should not follow the Centre blindly in setting up such institutions which hardly served any purpose.

He said that forests, water and land were three major resources of the state and their optium optimum utilisation alone could improve the economy of the state. He reiterated his opposition to the setting up cement plants in the state which caused polution and environmental degradation which was not conducive to the state with least tourism potential.

Sukh Ram denied that he was promoting his son in the politics and said that he had not sought any favour from Government for his family members and his son was coming up through the normal political process.

Replying to a question he said that no sitting Lok Sabha or Rajya Sabha member of the party would contest the elections but he would contest the Assembly election from from his home constituency of Mandi. (PTI)

Sarva Shiksha Abhiyan a success: Joshi

NEW DELHI, Oct 16: Terming the move to make education a fundamental right as a major step of the Vajpayee Government, Human Resource Development and Science and Technology Minister Murli Manohar Joshi today said the "Sarva Shiksha Abhiyan" (universalisation of elementary education) was perhaps the most ambitious and successful programme launched by his Government.

The "Sarva Shiksha Abhiyan" launched in November 2000 had made significant progress, Dr Joshi told a press conference organaised to highlight the department’s works on the completion of three years of the NDA Government at the Centre.

"Rs 7052 crore have been sanctioned to 554 districts across the country to achieve the goals of universalisation of elementary education," Dr Joshi said.

The HRD Minister said the volume of the programme could be gauged by the fact that as many as 14,142 new elementary schools had been sanctioned and 46,000 new posts of teachers approved under the scheme.

He claimed it was the special measures by the centre which had helped the country’s literacy percentage to grow to 66 percent. For the first time since indepndence, the absolute number of illiterates had come down by 30 million, he said. Dr Joshi said literacy among women was on the rise, with rural women overtaking their urban counterparts, which was a heartening feature.

He said the country was poised to register more than 70 per cent literacy in the near future.

New initiatives in the field of technical education had given new dimensions to this field, the minister said while pointing out to the conversion of twelve regional engineering colleges into National Institutes of Technical Education (NITE) and setting up of new engineering colleges and centres of excellence.

He said the conversion of University of Roorkee into an Indian Institute of Technology (IIT) and sanctioning Rs 110 crore for upgradation of its infrastructure and facilities was a step towards quality education.

The HRD Minister noted that it was during his regime that two new institutes — Indian Institute of Information Technology (IIIT), Allahabad and Indian Institute of Information Technology and Management, Gwalior had been established.

Dr Joshi said the intake in IITs was increased from 18,766 to 22,469 and Rs 90 crore was sanctioned for state-of-art computing and networking facilities in all institutes. Terming the Indira Gandhi Open University (IGNOU) as a major centre for distance education, Dr Joshi announced launching of "Edusat", a satellite dedicated to distance education.

Modalities were being chalked out with the states to launch the ‘Edusat", the minister said.

He said the seven FM stations of IGNOU at present would be expanded to 40 stations, shortly. Besides, the first ever 24 hour educational channel was launched during his tenure, he added.

Dr Joshi said that in order to protect students’ interests, combined entrance examinations to engineering, architecture and other courses were being held to ensure transparency and objectivity in admission.

Common exams for admission to MBA/PGDM and MCA programmes were on the anvil, he announced.

He said that student enrolment in the conventional system of higher education had risen by 16 per cent during 1997-98 to 2000-2001. Women students accounted for 39.4 per cent in 2000-2001, he added.

The University Grants Commission (UGC) had announced 45 new courses in emerging areas at the undergraduate and postgraduate level and it had also been decided to set up "simple sanskrit speaking centres" in selected universities, the minister said.

To ensure quality higher education, accredition with the National Assessment and Accredition Council (NAAC) had been made obligatory for all the universities and college, Dr Joshi said.

Describing it as a hallmark of minority education, Dr Joshi said the area intensive and Madarsa modernisation programme had been launched for providing financial assistance for infrastructure, teachers salaries and textbooks in consonance with the education policy. (UNI)

SC caution against award of damages
for minor infractions

NEW DELHI, Oct 16: The Supreme Court has cautioned High Courts against award of damages against public authorities for every minor infraction of public duty.

Before exemplary damages can be awarded, it must be shown that some fundamental right under Article 21 of the Constitution has been infringed by an arbitrary or capricious action on the part of the public functionaries and that the sufferer was a helpless victim of the act, the court said.

The ruling was handed down by a three-judge bench comprising Mr Justice G B Pattanaik, Mr Justice Y K Sabharwal and Mr Justice S N Variava, while upholding a judgement of a division bench of the Calcutta High Court.

By the impugned judgement, the division bench had set aside a judgement of a single judge of the High Court, directing the Calcutta University and its Vice Chancellor to pay Mr Rabindra Nath Ghosal Rs 60,000 as damages before January 1992 for delayed announcement of his examination results for MA in Islamic history held in 1984.

The Supreme Court in its judgement said that a claim in public law for compensation for contravention of human rights and fundamental freedoms was undoubtedly an acknowledged remedy for protection and enforcement of such right. It was distinct from, and in addition to the remedy in private law for damages for the tort, the court added.

"It is, in fact, an innovation of a new tool with the courts which were the protectors of the civil liberty of the citizens and the courts, in exercise of the same, would be in a position to grant compensation when it came to the conclusion that there had been a violation of fundamental rights under Article 21 of the Constitution," the court observed.

The court said it would not be correct to assume that every minor infraction of public duty by every public officer would commend the court to grant compensation in a petition under Articles 226 and 32 by applying the principle of public law proceedings.

The court noted that Mr Ghosal was aware from the beginning that he had failed. He did nothing for a number of years to have his result declared. The division bench of the High Court was right when it held that in this case it had not been shown what problem Mr Ghosal faced and to what extent he had suffered prejudice.

The court further noted that it was not shown how the future of Mr Ghosal was affected by the results not been declared. This was not a case where because of non-disclosure of the results, Mr Ghosal was prevented from undertaking future studies. In fact, he took up a law course, the court pointed out.

"In our view, the division bench of the High Court was right in concluding that even though the university and the Vice Chancellor were negligent in not declaring the result, this was not a fit case where compensation could or should have been awarded," the judges observed.(UNI)

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