Daily Excelsior....News Page

Pulwama village tense as 'militant' captured, handed over to Army
5 killed, 60 injured in grenade attack on Bareilvi cleric

From Ahmed Ali Fayyaz

SRINAGAR, Nov 10: Sectarian tension has gripped the ideologically split Tahab village in Pulwama district where a terrorist has left 5 youngsters dead and 60 others wounded in a grenade attack on prominent Bareilvi cleric Maulana Abdur Rasheed Dawoodi in the afternoon today. Even after the fatal grenade blast, people have captured a youth, allegedly responsible for throwing the grenade, handed him over to authorities and shouted slogans against the followers of a rival sect. Border Security Force (BSF) has, however, sealed the village and provided protection to the followers of Devbandi school of thought and Jamaat-e-Islami, believed to be aligned to the latter.

Eyewitnesses told the EXCELSIOR that after taking his lunch at the residence of a National Conference sympathiser and Bareilvi activist, Gulzar Ahmed Ganai, famous propounder of Bareilvi school of thought and patron of religious organisation Sautul Aauliya, Maulana Abdur Rasheed Dawoodi (of Frisal, Kulgam), proceeded to Jamia Masjid at Bongam in Tahab to perform his Friday afternoon prayers. A large number of his followers were present in the village for participation in a religious congregation and two to three hundred of them were following the cleric while shouting religious slogans. No sooner did the 40-year-old Dawoodi reach the main entrance of the mosque at 1320 hrs than a youth lobbed a hand grenade in his direction.

The grenade exploded close to the main target Dawoodi, causing splinter injuries to him and 65 of his followers. Three of the critically wounded youngsters died on the spot and two more later succumbed to injuries either on way to Srinagar or at hospital. Gulzar Ahmed Ganai's 22-year-old brother, Nisar Ahmed Ganai, 13-year-old daughter Sheeraza and 13-year-old nephew Omar Maqbool (class 6th student) were among the dead. Class 9th student Saleema Jan D/o Abdul Aziz Shah and Bisma Jan D/o Bashir Ahmed Ganai, who also died in the explosion, were Gulzar Ganai's close relatives. Sources said that over a dozen of the injured were also Ganai's relatives. Residents dug six tombs but were slightly relieved to learn that the death of a 6-year-old girl Shazia was just a rumour. Shazia was battling for life at SKIMS late tonight.

DIG south Kashmir, Hemant Kumar Lohia, confirmed 5 as dead and 30 to 35 others injured. He said that over a dozen of the injured had been discharged from different hospitals in Pulwama and Srinagar while three to four persons were reportedly critical. The injured, according to officials, included 15 women, mostly young girls. They said that Maulana Dawoodi was critically injured but was responding to treatment at a Srinagar hospital.

Civilian sources insisted that in all 5 persons died and 60 others sustained injuries. They said that most of the people in Tahab believed that today's grenade attack was the handiwork of "those who believe in bloodshed and have no faith in moderate Islam and shrines". Since this kind of an ideology is widely attributed to the followers of Devbandi school of thought and also a section of Jamaat-e-Islami, anger was obviously directed against them both. Jamaat followers who constitute 40% of the population in Tahab had suffered enormously when their houses and orchards were destroyed by frenzied mobs after the execution of the former Pakistani Prime Minister Zulfikar Ali Bhutto in General Zia-ul-Haq's military regime in 1979.

Sources said that an outraged mob shouted slogans against the followers of Devbandi sect and other "non-believers" and began marching towards the rival concentration with the open vengeance of torching houses. However, BSF moved quickly from two of its camps in the locality and provided timely protection to the potential targets of the mob. Later, Army and Police also moved in and were looking for the youth who had been captured by the people and held captive at an unknown house.

It was late this evening that the people handed over a 22-year-old youth, namely Ghulam Nabi Mir alias Shora S/o Ghulam Mohi-ud-din Mir R/o Littar, Pulwama, to troops of Rashtriya Rifle 55 Bn with the complaint that he was a Hizbul Mujahideen militant and, according to them, had thrown the grenade. Shora is reportedly the nephew of prominent Hizbul Mujahideen militant Ashfaq of Zasu, Wachi. DC Pulwama, Meraj-ud-din Kakroo, confirmed that the youth was handed over to RR 55 Bn by the people who claimed to have captured him after lobbing the grenade. He told the EXCELSIOR late tonight that Shora had been put to sustained interrogation at JIC Pulwama jointly by Army and Police and his involvement or otherwise in the grenade blast would become clear by tomorrow.

Inquiries revealed that a September 16, 2006, clash between the followers of Bareilvi and Devbandi sects of Muslims at Pinglena was the genesis of today's grenade attack on Maulana Dawoodi at Tahab today. Earlier this year, another Bareilvi cleric Maulana Ghulam Rasool Hami and his organisation "Dawat-e-Islamia" had been attacked by rival group in Ganderbal area.

Meanwhile, most of the political parties, including Jamaat-e-Islami and Hizbul Mujahideen outfit, have condemned today's blast at Tahab and interpreted it as a "sinister gameplan to divide the Muslims on sectarian and ideological lines". NC, PDP, CPM and other groups have also condemned it and demanded punishment to the saboteurs.

Meanwhile, two CRPF personnel and three civilians sustained injuries when suspected militants lobbed a hand grenade at Hari Singh High Street in the capital city today. Reports from Baramulla said that militants fired upon a civilian Tata Sumo, carrying troops in Rafiabad area, and left its driver critically injured this evening.

Foreign Secretaries to discuss joint mechanism
India wants Pak to fulfill terror commitments

NEW DELHI, Nov 10: Ahead of Foreign Secretary-level talks, India tonight said it wanted Pakistan to fulfill its assurances on ending cross-border terrorism.

"We are going to have discussions on a number of issues. Terrorism is an important issue because earlier talks were suspended because of public outrage after Mumbai blasts," External Affairs Minister Pranab Mukherjee told reporters here.

"I would like that they (Pakistan) should stick to assurances which they have given (on ending cross-border terrorism)," Mukherjee said when asked what India expected from the upcoming talks.

Foreign Secretary Shiv Shankar Menon and his Pakistani counterpart Riaz Mohammad Khan will have two-day talks here from November 14 during which India will give evidence regarding Pakistani links to terrorism in this country.

Mukherjee said the two sides, at the upcoming talks, will discuss the setting up of the joint mechanism to deal with terrorism. "Sharing of information will take place after establishment of the mechanism," he added.

The External Affairs Minister hoped that the talks, once resumed, will be fruitful.

He was speaking to reporters after addressing the valedictory function of the 41st professional course for foreign diplomats.

India will also use next week’s Foreign Secretary-level talks to put Pakistan to "test" by giving it "certain" part of the "clinching" evidence it has with regard to involvement of "elements" based there in July 11 Mumbai blasts and other terror acts in the country.

Terrorism will be the main theme at the talks here between Foreign Secretary Shivshankar Menon and his Pakistani counterpart Riaz Mohammad Khan, sources said.

At the meeting, the Indian side will share "certain" part of the evidence it has with regard to involvement of "elements in Pakistan" in Mumbai blasts, last year’s Delhi blasts and other terrorist attacks in this country over a period of time.

With regard to the Mumbai blasts, particularly, the sources said all evidence cannot be shared with Pakistan as a chargesheet was yet to be filed in the Court.

Sharing of entire evidence can jeopardise legal process with regard to the case, they said.

After giving the evidence, India will see what Pakistan does to act on it, the sources said.

Islamabad has been saying that it wants to cooperate in investigation. "We will see how willing they are. We will put Pakistan to test," they said. India is adopting a "three-legged" approach with Pakistan in which terrorism is a "central issue" as it wants its concerns to be addressed.

New Delhi wants to see Pakistan make progress in implementing its commitment to end terrorism directed against India, the sources said, adding without it New Delhi will find it difficult to carry on with the dialogue process because public opinion will not be supportive of it.

In a democracy like India, public opinion is very important but apparently Pakistan does not realise it although it itself is a victim of terrorism, they said.

On the debate whether India has "clinching" evidence or not on Pakistani links to Mumbai blasts, the sources maintained that for the Government the evidence was "clinching".

The evidence is "enough" to convince the government and "more than enough" to tell Pakistan to act, the sources said.

During the two-day talks, the two countries are also expected to give shape to the joint anti-terror mechanism which they have decided to set up.

The Foreign Secretaries will review the third round of composite dialogue and progress made on the issues, like Jammu and Kashmir and Siachen, being discussed under it.

Resolution of all these outstanding issues is the second part of the three-legged approach and the third is effort to build relations through Confidence-Building Measures (CBMs).

"But all depends on what happens on terrorism front," the sources said.

India wants that the CBMs like people-to-people contacts and trade should continue irrespective of cross-border terrorism but public opinion has to be kept in mind, they said. India has found "links" leading to Pakistan to a whole range of terror acts in this country, including Mumbai blasts and last October’s Delhi explosions, and this has been made known to Pakistan.

"For India, it is important that Pakistan is seen to be implementing its commitment on ending terrorism," the sources said.

New Delhi also does not buy Musharraf’s argument that some "freelance" terrorists may be operating in India. It notes that since Musharraf rules Pakistan, he should be knowing who is operating out of his country and who their sponsors are.

India does not want to get into this argument but simply wants terrorism to end, the sources said, adding "after evidence is given to Pakistan, it is for them to identify sponsors of terrorism".

"The main issue is that Pakistan should change its behaviour," they said.

Issues related to evidence given earlier, like on underworld don and terrorist Dawood Ibrahim, will also be discussed. On Siachen, the Indian side says an agreement can be reached immediately if Pakistan accepts its terms like proper authentication of present troop positions.

But so far there is no indication from Pakistan about agreeing to the Indian condition, the sources said.

The two countries had decided to demilitarise the world’s highest battlefield but have so far failed to arrive at an agreement on how to do it.

Pakistan Foreign Minister Khurshid Mehmood Kasuri had last month said that the two countries were close to an agreement on Siachen.

On Sir Creek, a joint horizontal survey has been completed and another is to be conducted on rest of the disputed border.

A decision in this regard can be taken in the upcoming talks. (PTI)

Rs 1.30 lakh cost imposed on PSC
HC allows petitions challenging KAS selection

Excelsior Correspondent

Jammu, Nov 10: Justice YP Nargotra of J&K High Court, Jammu wing, in a landmark judgment today allowed all 13 writ petitions challenging selection for main KAS examination and directed the PSC to pay an amount of Rs 1.30 lakh as costs to the petitioners @ Rs 10,000 in each petition.

In 60 pages judgment, Justice YP Nargotra, while allowing the writ petitions, directed the Public Service Commission to delete questions of each paper of A series and their corresponding questions "B", "C" and "D" series and distribute their marks pro-rata to remaining question of the papers and separately redraw merits of all the unselected candidates for main examination in respect of compulsory paper of General Studies. He also directed for redrawal of the merit of all unselected candidates for main examination as per direction in respect of 10 optional subjects.

He further directed the PSC to separately redraw a combined merit list of such candidates who have appeared in the compulsory paper of General Studies and optional subjects-papers as already directed, also to redraw a combined merit of compulsory paper of those candidates in whose optional subjects-papers there was no discrepancy i.e.12 remaining optional subjects, which include the subject papers of Animal Husbandry, Botany, Indian-History and Physics and who have not been short listed.

The Court directed the PSC to conduct a special main examination of all such candidates whose combined redrawn merit is equal to or more than the merit of last short listed candidate, in accordance with the procedure prescribed by the Examination Rules and completes the whole exercise within a period of six weeks.

In the approved for reporting judgment, Justice Nargotra observed ‘‘it is very unfortunate that the candidates, who were competing to get employment in coveted services of the state, after having put in so many years in studies, have to litigate for their lawful rights, denial of which emanates from the lack of expertise in conducting examination on the part of the PSC, which is a premier and constitutional examination conducting body of the State. Out of 23 subject papers, which include the compulsory paper of General Studies, in which the candidates were examined for short-listing, there were major discrepancies and printing errors in 14 papers. With the experience of conducting the examination, which the Commission had, and with the kind of expertise expected from such like examination conducting body, it should not have happened. Why it happened, the explanation given by the Commission is that it got number of question papers prepared at the hands of very senior Professors/ Deans of various Universities and Institutions across the country and outside the State of J&K.

The paper setters were required to put question papers in the envelopes/packets, which were signed and sealed by them. Such sealed packets with reference to each subject, were pooled in another question bank. Thereafter, to avoid any possibility of interception/ interference of secrecy in the question papers, in the Commission, one of such sealed packets of each subject out of number of sealed packets was picked up at random by the Chairman of the Commission and directly sent to the printing press for designing, proof reading and printing of book let series. According to the Commission, spelling mistakes, which were existing in the papers, crept in due to the printing error.

On the spelling mistakes, Justice Nargotra took serious note of this and observed that explanation given is exfacie unacceptable, as it was duty of the Commission to do the job of proof-reading itself so as to avoid any printing error. The plea that the said job was left to the printer itself for maintaining the secrecy is not tenable. The Court questioned was there any dearth of such officers in the Commission who could be trusted with the job of proof-reading of the papers? The Court observed that there would be that many such officers in the Commission whose integrity cannot be questioned.

Had any one of them been deputed for job and a little care, the situation would not have been as grave as it is only because of casual approach which may be called euphemistically over-cautious approach; the petitioners have been forced to take resort in the litigation. The Court is sure that this case will serve as an eye-opener for PSC and in future no such thing will be allowed to happen and all necessary steps for improving the system shall be taken.

Justice Nargotra showed his displeasure over the manner in which two members of the Commission, namely Prof BK Tickoo and Dr. N A Jan have filed their replies, in which they have made allegations in relation to the working of Commission as well as the Chairman. They deserve to be reminded of the fact that they being members of the Commission were bound to defend its decisions, which the Commission had taken in its meetings. ‘‘In an institution where decision are required to be taken by a group of persons in position on the basis of majority opinion, if during the decision making process some member expresses his dissent or reservation, the same gets obliterated when ultimately final decision is taken. Being bound by such a decision, no member of the group is entitled to publically criticize the decision on the strength of his personal views,’’ the Court ruled.

In 13 writ petition, Advocate Bhim Singh with Advocate Bansi Lal, Advocates Sunil Sethi, Rahul Pant, Ajay Abrol, Nitin Bhasin, Fidous Ashiq and Surinder Kour whereas Senior Advocate AV Gupta with Advocate Swati Gupta appeared for the petitioners while Senior Advocate DC Raina with Advocate FA Natnoo appearing for PSC along with G H Mir, Controller Examinations of JKPSC, Additional Advocate General B S Salathia appeared for the State. Senior Advocate Z A Shah with Advocate Vipin Gandotra, Advocate Amrish Kapoor and Advocate VK Chopra appeared for private respondents and Y E Tak appeared for Prof VK Tickoo and Dr. N A Jan.

Dispute in this batch of writ petitions related to Combined Services (Preliminary) Examination, 2005, (KAS) conducted by PSC for short-listing candidates for main examination for making selection in respect of the posts in combined services of the J&K State. The State Govt referred 122 posts for Combined Services to the PSC for making selection of candidates for direct recruitment on the basis of Combined Competitive Examination.

The Commission vide its notification April 1, 2005 invited applications from the candidates for preliminary examination of J&K Combined Competitive Examination 2005. In response 17,116 candidates applied in which 15,293 candidates appeared. A large number of complaints were made by the candidates in the media pointing out mistakes/errors in the question papers. In the face of complaints, the Commission on July 6, 2005 made a public announcement that general grievances of the candidates would be given due consideration while evaluating the answer scripts. The Commission considered the issue in its meeting held on July 7, 2005 which was attended by its Chairman M S Pandit and four Members namely M S Khan, C L Banal, Ch Bashir Ahmed and Dr. N A Jan, the 5th member Prof VK Tickoo was not available on the said date.

The Commission received the representations of aggrieved candidates’ up to July 10, 2005. It unanimously decided that the reported questions, as were admittedly wrong would be deleted and the marks of such deleted questions would be added pro-rata to rest of the questions. While deciding about the modus operandi to deal with wrong questions, the Commission kept in view the manner in which such like situation was being dealt with by other examination conducting bodies like Union Public Service Commission. The Commission deleted such questions from the question papers which, according to it, were admittedly wrong or had major printing errors. The marks excluded questions were added to the remaining questions.

On July 12, 2005, the Full Commission in an extra-ordinary meeting approved the result of J&K Combined Competitive (Preliminary) Examination 2005. Pursuant to such approval, the result was declared and notified on the same date. The private respondents have been declared qualified for the main examination, where as the petitioners being unsuccessful could not find berth in the select-list being aggrieved of exclusion from the competition, they have filed the present writ petitions. Their case is that two papers General Studies and other relating to optional subjects were containing incorrect questions which besides wasting the time of candidates in understanding the same put them in a disadvantageous position and they were made to suffer without any fault of them.

Justice Nargotra, while deciding these 13 writ petitions, further observed that the Commission had not disputed the fact that there were printing errors/ spelling mistakes in undeleted questions or in answer options but stand of the Commission that the questions having only major printing errors or those which had not been corrected by announcements were deleted is equally unacceptable.

‘‘There is no record available to show the questions which were actually corrected by announcements, therefore, neither it can be said nor it has been shown by the Commission which were those questions having printing errors and deserved correction but had not been corrected through announcements in the examination centers. The fact of the matter is that the mistakes do have crept in the question papers and the problem arising there from warranted immediate remedial measures, one way to deal with problem could be to cancel all such subject papers in which there were wrong questions and to hold fresh examination, while the other way would have been to make adjustment of marks while evaluating the answer scripts. The Commission in its own wisdom has preferred other way to deal with the issue and evolved the already described methodology. A candidate who had opted for any of the subjects, out of the subjects of which the question papers were having wrong questions, was to be pitted against a candidate in whose optional subject papers they were no wrong questions/ mistakes.

The Court further observed that pursuant to directions of division bench, the PSC conducted main examination of the candidates who stood short listed on the basis of preliminary examination under dispute. The Commission has also issued the list of those candidates who have been declared to have qualified the main examination. However, interviews of all those qualified candidates are yet to be held by the Commission. In the meanwhile, in another matter, the Supreme Court vide its order dated August 28, 2006 stayed the appointments to be made pursuant to the said selection till a final decision of these writ petitions. In this back drop, the question of relief to be granted in these writ petitions is to be considered. With these observations, the Court allowed all 13 writ petitions with direction to the PSC and directed the PSC to pay an amount of Rs. 1.30 lakh as cost to the petitioners @ Rs 10,000 in each petition to be shared by tem equally.

Rs 750 lakh worth yellow metal offered this year
After yatra, gold rush at Vaishno Devi

By Sanjeev Pargal

JAMMU, Nov 10: Not only the number of pilgrims to holy shrine of Mata Vaishno Devi Ji is on increase and set to touch seven million mark this year, the Goddess has also received largest ever quantity of gold, valued at Rs 750 lakh in the market, this year.

This is for the first time that donors have offered 75 kg gold to Goddess Vaishno Devi, according to official sources. Earlier per year offering of gold in the shrine was confined between 55-60 kg.

Gold offerings at natural cave shrine, located between Trikuta hills in Katra, are collected in first part of November. "This year the total gold, offered by devotees in different forms, was weighed at 75 kg valued at Rs 750 lakh", sources said, adding that gold was taken to Mumbai where it was weighed and valued by the Reserve Bank of India (RBI).

A complete transparency is maintained during entire process, right from collecting gold to taking it to Mumbai and weighing. Additional CEO, Shri Mata Vaishno Devi Shrine Board, Puneet Kumar supervised the process.

The Shrine Board didn’t sell gold in lump-sum. Instead, the gold is melted and small photographs of Goddess Vaishno Devi "on Sher Sawari’’ are made and then sold. These photographs can be used in chains.

Mata Vaishno Devi shrine is only shrine in North India to receive such a huge offerings in form of gold and cash. On an average, the shrine received nearly Rs 100 crore worth offerings in a year in different forms. About 60 per cent of the donations are spent by the Board on development works, maintenance and providing food and eatables to pilgrims on no-profit-no-loss basis through its outlets. The Shrine Board was reported to have a surplus corpus of Rs 200 crore.

According to sources, Mata Vaishno Devi shrine is fourth shrine in India to receive such a large quantity of gold in a year. Tirupati Bala Ji in Chennai, Shirdee Sai Baba and Sidhi Vinayak temple in Maharashtra are three other shrines where gold offerings are more than Vaishno Devi shrine.

Offerings at Kedar Badri shrine, one of the four ‘dhams’, stood at Rs 7 crore in all forms this year. The shrine is opened to devotees for a limited period of nearly three months.

While all three shrines of Tirupati, Shirdee and Sidhi Vinayak are directly linked by road transportation, Mata Vaishno Devi shrine is located at a height of 5200 feet from sea level and pilgrims had to trek 13 kms on feet through Trikuta hills to have darshan of natural pindies of the Goddess. Moreover, a maximum of 30,000 pilgrims only can be allowed to leave the base camp in one day to avoid congestion at the Bhawan, which is not the case for the three shrines.

Pilgrimage to Vaishno Devi shrine is all set to achieve target of 7 million this year, which was set by Shrine Board chairman and Governor Lt Gen (Retd) S K Sinha. Till last evening this year, 60.80 lakh pilgrims had paid obeisance to the shrine, an increase of nearly 6 lakh over the corresponding period last year.

In 2005, a total of 62.52 lakh pilgrims had offered prayers to the Goddess, which was a record. This record is expected to be broken within next eight to 10 days with 18,000 to 20,000 pilgrims visiting the shrine daily. In January, 2.59 lakh pilgrims had visited the shrine while the number stood at 2.49 lakh in February, 5.46 lakh in March, 6.33 lakh in April, 7.51 lakh in May, 9.37 lakh in June, 7.12 lakh in July, 6.24 lakh in August, 6.12 lakh in September and 6.33 lakh in October.

Peace necessary for industrial growth: CM

Excelsior Correspondent

Srinagar, Nov 10: Reiterating the necessity of peace to foster economic development and welfare of the State, Chief Minister Ghulam Nabi Azad said today that for nurturing industrial sector a conducive and peaceful atmosphere is a pre-requisite.

Inaugurating grand industrial exhibition at Kashmir Haat here, he said that vast potential for growth and development of industries and handicrafts can only be harnessed for benefit of the people and the State when peace gets strong roots and apprehensions of investors are done away with on this count.

Mr Azad said that handicrafts of Jammu and Kashmir are world famous and the feasibility for establishing vast range of industries in the State in agriculture, horticulture, software technology and other sectors is second to none. "These sectors are biggest employment generators, unless we all strive for cultivating peace, the optimum use of these sectors could not be achieved", he maintained.

He added that in order to promote world famous handicrafts of Jammu and Kashmir and seek remunerative returns for handicraft and industrial products, grand exhibitions of Jammu and Kashmir industrial and handicrafts products would be organized in every State of the country, saying that he has already given words to his counterparts of various states in this regard.

"Had the period of militancy not crippled the fast growth and development of industrial and handicraft sectors in the State, putting artisans and workmen idle, the state’s graph of industrial growth would have sky-rocketed earning prosperity and fortune for vast population of skillful artisans, artists and entrepreneurs of the State", Mr. Azad lamented.

He said that Government is making earnest endeavours to put shambled economy back on rails and infuse new life in the sick industrial sector to pave the way for large scale employment generation and economic well-being of the State. He said outside investors and big houses have already been persuaded to establish industries in the state especially in Kashmir division and rural areas of Jammu and Ladakh for which a number of incentives and packages have been made available to them. However, he reiterated that peace is must to nurture industrial sector in the State.

Mr. Azad while visiting various stalls and evincing keen interest in the products like generator sets, electric appliances and other products of various handicrafts emphasized the need for strengthening Handicrafts sector. He counseled the J&K Handicrafts Corporation to keep at least one lakh art pieces of chain-stitch rugs ready for export as it has a great national and international market.

Jandial gets H&ME charge

Excelsior Correspondent

JAMMU, Nov 10: K B Jandial was today given additional charge of Secretary to Government, Health and Medical Education Department by the Government relieving Anil Goswami, Principal Secretary to Chief Minister of the additional charge.

Mr Jandial will hold the charge of Secretary Health and Medical Education in addition to the charge of Secretary Agriculture Production till further orders, official sources said.

Bill to discipline higher judiciary

NEW DELHI, Nov 10: Supreme Court and High Court Judges against whom charges of misbehaviour or incapacity are proved may face actions ranging from advisories to removal and denial of Government assignment, arbitration work and chamber practice.

On the other hand, anyone found to have made false or frivolous or vexatious complaints against a Judge may face a year’s imprisonment and up to Rs 25,000 fine.

Those are among provisions in the Judges (Inquiry) Bill, 2006 cleared by the Union Cabinet on Thursday and expected to be introduced in the winter session of Parliament beginning November 22.

The Bill provides for setting up a National Judicial Council made up of Chief Justice of India, two seniormost Supreme Court Judges and two High Courts Chief Justices to be nominated by the CJI.

If a complaint is against a Supreme Court Judge, the two HCs Chief Justices will be replaced by Supreme Court Judges.

The proposed Council will examine complaints received directly or on reference from the Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha.

The Bill entails maintaining secrecy of identity of persons-including the complainant and the Judge concerned-any violation resulting in a month’s imprisonment or up to Rs 500 fine or both.

"Every such inquiry shall be conducted in camera by the Chairperson and the Members of the Council sitting jointly," the Bill says.

Identity of complainant "shall not be disclosed and he shall be provided proper protection," it says.

The procedure proposed in the Bill is to dismiss complaints if no charges are proved.

But if charges of misbehaviour or incapacity are proved "and the Council is of the opinion that the charges proved do not warrant removal of the Judge, it may impose all or any of the following minor measures: Issuing advisories.

Issuing warnings: Withdrawal of judicial work for a limited time, including cases already assigned Request that the judge may voluntarily retire Censure or admonition, public or private.

If the Council is satisfied that all or any of the charges of misbehaviour or incapacity in complaints it receives directly have been proved and are of serious nature warranting a Judge’s removal, it shall advise the President accordingly.

The President on receipt of advice shall cause the findings of the Council along with the accompanying materials to be laid before both Houses of Parliament.

This will be followed by the Government moving a motion in either House to present an address to the President praying for removal of the said Judge.

If the inquiry was initiated on a reference from the Speaker or the Chairman, then the Council shall forward its report to the Speaker or the Chairman.

If the findings warrant removal, then the motion together with the report of the Council, shall be taken up for consideration by the House in which it is pending.

A Judge so removed shall be disqualified for any diplomatic assignment, appointment as an administrator of a Union territory and such other assignment as required by law to be made by President by warrant under his hand and seal.

For further employment to any office of profit under the Union or State Government.

To act as an arbitrator in any arbitration proceedings to pursue chamber practice.

Accountability of the lower judiciary is taken care of by the respective High Courts. (UNI)

Pulwama attack heinous crime: Azad

Excelsior Correspondent

SRINAGAR, Nov 10: Describing militant attack on civilians during Friday prayers at Tahab, Pulwama, as an act of heinous crime against humanity, Chief Minister Ghulam Nabi Azad said today that only stone-hearted and valueless elements can resort to such cowardly acts of bloodshed.

"Killing and injuring innocent people and that too on Friday prayers itself speaks of the inhuman behaviour and no regard for religion by the elements behind such acts", he said.

Condemning strongly the brutal act, Mr Azad said that all human beings get pained to learn about such acts committed against humanity. Indulging in such acts of killings for financial benefits is condemnable by all human standards and everyone rejects these vehemently as most inhuman and un-Islamic, he added.

The Chief Minister said that spontaneous reaction against such acts by the people is quite visible in the State now and it needs further strengthening so that message is delivered loud and clear to violence mongers that acts of killings and bloodshed are most hated commodities holding no ground anywhere in the State.

He said that a handful of elements bent upon to disturb peace and tranquility of the State, putting economy in shambles and bringing lot of miseries to people should get clear message that there is no acceptor of such acts but are rejected by one and all.

Mr. Azad conveyed his sympathies to the bereaved families and prayed for speedy recovery of the injured.

Cong for Constitutional procedure on Guru

NEW DELHI, Nov 10: Congress today said it favoured due constitutional procedures to be adopted in the case of Mohammed Afzal Guru, facing gallows for his role in the 2001 Parliament terror attack.

"Our stand remains the same," party spokesman Abhishek Singhvi told reporters when asked to comment on Afzal petitioning the President seeking mercy. (PTI)

Studio owner held for porno MMS

Excelsior Correspondent

JAMMU, Nov 10: Crime Branch, Jammu today arrested owner of a digital studio in the City for loading pornographic material into mobile telephones from computers and forwarding them among his friends through MMS.

SSP Crime Branch, Jammu, Sunil Sharma said they had information that pornographic material from computers was being loaded in mobile phones at three-four digital studios. On the basis of this information, the Crime Branch sleuths raided Bobby Digital Studio at Parade Ground and arrested its owner Rajesh Kumar.

"From the studio, we recovered a computer from which porno material was loaded in mobile phones. The material was also sent on MMS by him among the youths", Mr Sharma said, adding it was being investigated as to whether the porno material was obtained from pornographic CDs or was local.

Porno MMS had also been forwarded on mobile phones of some girls.

A FIR against the accused has been registered at Crime Branch police station and some more arrests were expected.

CBI to produce victim’s age proof

CHANDIGARH, Nov 10: Punjab and Haryana High Court today directed the CBI to produce on Monday next the Srinagar sex scandal rape victim’s school certificate in original to confirm the claim that she was a minor at that time.

Justice Rajive Bhalla gave the direction after the counsel of the Central investigating agency stated that the proof of age of the victim was lying at the CBI headquarters in New Delhi.

The direction came shortly before the conclusion of arguments for the day by CBI standing counsel Rajan Gupta on a bunch of writ petitions, wherein nine of the total 14 accused, including former minister Raman Mattoo and BSF DIG K G Padhi, have sought bail.

The accused are lodged in the Burail Central Jail here since the trial of the case was transferred to Chandigarh on orders of the Supreme Court.

The CBI counsel maintained that the victim was a minor. During the time of finalisation of the chargesheet in the case, the CBI found the Upper Kindergarten (UKG) admission certificate, bearing her date of birth, conclusively proved that she was below 16 years even as of date, he said.

At the outset, the CBI counsel showed the orders of the Jammu and Kashmir High Court favouring coded version of statements of witnesses and not to include the unverified portions in the chargesheet to explain why some parts of the chargesheet had been left blank. (UNI)

Snow in upper reaches, temp dips as rains lash plains

SRINAGAR, : The Kashmir valley is under the grip of severe cold following fresh snowfall on the upper reaches while the plains had rains since early this morning.

However, the Srinagar-Jammu and Srinagar-Kargil-Leh National Highways are open for traffic and all incoming and outgoing flights operated normally.

A Gandola cable car project official told UNI over phone from Gulmarg that world famous ski resort of Khilanmarg, Afarwat and other upper reaches experienced fresh snowfall since early this morning.

The slopes had turned white as about six inches to one feet of snowfall was recorded.

However, the Gulmarg slopes are awaiting first snowfall, he said, adding it was raining since early this morning resulting in considerable drop in the temperature.

He said tourist arrival to Gulmarg these days was very less as compared to last year when a record number of visitors and adventure and ski lovers from across the country and abroad visited.

The official said the tourism department and Gulmarg Development Authority (GDA) have taken all necessary measures to receive the tourists and skiers this winter as will.

A report from Baramulla said fresh snowfall was recorded at Sadhna top, Karnah, Gurez and other higher reaches. However, road to these areas was still open for traffic, it said.

Baramulla, Kupwara and other plain areas in north Kashmir had rains since early this morning, Disrupting normal life as temperature dropped, the report added.

The holy shrine of Amarnath and its periphery also recorded about one feet of fresh snowfall since last evening. Snowfall was recorded at Sheshnag, Mahaguns, Pisso top and Panjtherni.

The Srinagar city and its adjoining areas experienced rains, resulting in considerable drop in the temperature forcing people to wear jackets and other woollens.

Students appearing in different board and university examinations alleged that there was no heating arrangment in examination halls. (UNI)