Impressive ‘Shoba Yatra’ on Ram Navmi

Excelsior Correspondent

JAMMU, Apr 14: In connection with celebration of Ram Navmi, the birthday of Lord Rama, an impressive Shoba Yatra was taken out from historic Raghunath Mandir here, today.

People from all walks of life including religious scholars, Sadhus, members of business community, activists of various social and religious organizations and different political parties participated in the Shoba Yatra.

All the markets of the city were tastefully decorated befitting the occasion by the people who had also erected welcome gates enroute to greet the Shoba Yatra. Besides the stalls were also installed to offer fruit, sharbat and prashad to yatris.

The chariot of Lord Rama was fully decorated and as it left the Raghunath Mandir, the slogans Jai Shri Ram rented the air. Hundreds of devotees enroute paid their obeisance to the Lord Rama. They also showered flowers on Lord and Shoba Yatra which after passing via, Residency Road, Khatikan Talab, Kanak Mandi, City Chowk, Purani Mandi, Link Road, Jain Bazar, Mubarak Mandi, Pacca Danga, Sabzi Mandi and Parade, culminated at Raghunath Mandir late in the evening.

There was also a beeline of devotees enroute waiting to have the darshan of Lord Rama.

Over 20 Jhankis representing various social and religious organizations depicting the various aspects of Lord Rama’s life and teachings were accompanying the yatra.

The devotees who included a seizable number of women and children were carrying placards and banners in their hands reading the messages of universal brotherhood and love. They were dancing, chanting the mantras and singing the bhajans in the praise of Lord Rama.

Seven Horse riders wearing traditional Dogra dress were escorting the Lord Rama’s Chariot. It was followed by the dance of Raghunath Sanskritik Maha Vidyalaya students, Gupta Brass Band, Dogra Brass Band, Bhagwati Brass Band, Deepak Brass Band, Krishna Brass Band Jhankis by Divya Jyoti Jagriti Sansthan, Dharmik Yuvak Mandal Jammu, Raghunath Sewa Dal, Sant Shri Asa Ram Bapu Ashram and many other organizations .

Earlier pooja was performed at Raghunath Mandir by the members of Dharmarth Trust and other organizations.

The authorities had also made elaborate arrangements for the Shoba Yatra.

Our Kathua correspondent adds that Ram Navmi was celebrated in the town with full religious fervour and gaiety and there was a beeline of devotees in all the temples from early in the morning to pay their obeisance to the Lord .

A Shoba Yatra was also taken from Ram Leela Maidan Kathua which after passing through various markets of the town culminated in the Ram Lila Ground.

MP & Congress leader Ch. Lal Singh was a chief guest on the occasion.

Musharraf supports bilateral approach on Kashmir

BEIJING, Apr 14: In remarks that may please India, President Pervez Musharraf today said Pakistan is taking a "bilateral approach" to amicably resolve the Kashmir issue for the economic benefit of the people and hoped "good sense" will prevail on both sides.

In his first public comments on Kashmir after the Yousuf Raza Gillani-led Government assumed office last month, Musharraf chose to sing a different tune with an emphasis on resolving the "festering" issue bilaterally, a departure from its traditional stance for third party mediation.

"...The dispute with Kashmir, as far as Pakistan is concerned... May I say very proudly that we are going on a bilateral approach with India," Musharraf, who is on a six-day visit to close ally China, told teachers and students at the elite Tsinghua University here.

"We hope that good sense prevails on both sides to resolve this long standing dispute amicably between our two countries for the economic benefit of people of these two countries," the President said.

Pakistan has been insisting on third party mediation, even suggesting China’s involvement, on the Kashmir issue, a demand outrightly rejected by India which wants it to be dealt only bilaterally.

But Asif Ali Zardari, chairman of Pakistan People’s Party that leads the ruling coalition had said recently that the ties between the two countries should not be held hostage to the Kashmir issue which should be left for future generations to resolve.

Pakistan’s new Foreign Minister Shah Mehmood Qureshi had also said his Government will not shy away from taking a "different" approach on the Kashmir issue and stressed on promoting bilateral trade.

Musharraf made reference to Kashmir twice in his speech while reviewing the international scene in the last 60 years.

"The old disputes have festered. I call old disputes.. The Palestinian dispute.. The Kashmir dispute," he said as he spoke of the September 11 terror attacks in the US that he said had "completely changed" the world.

Speaking about dangers to peace and development, Musharraf said unresolved political disputes led to terrorism and extremism. "Palestine is at the core of this," he said and sough its early resolution.

Musharraf said the UN should be made "more potent" but opposed increasing the number of permanent members of the UN Security Council.

"That will increase areas of privileges.. Sources of privilege. We would rather prefer increasing the number of non-permanent members so that the UNSC becomes more representative and not centres of privileges and more people becoming more equal than the others".

Musharraf also mentioned about Kashmir in his remarks while referring to the period between 1979-89 which saw the defeat of erstwhile Soviet Union in the Afghan war and USSR’s subsequent disintegration, thereby ending the cold war era.

He said terrorism and extremism took birth in the region because of the "vaccum that was left after 1989. During this period of 12 years, as a result of vaccum and as a result of internecine fighting in Afghanistan, Al-Qaeda and Taliban, terrorism and extremism have all erupted".

"As far as Pakistan is concerned, the Indo-Pakistan conflict in the world.. The Kashmir struggle started in 1989... The freedom struggle in Kashmir..," Musharraf said.(PTI)

13,000 cheated worth Rs 41 lakh
CB unearths first ever SMS fraud in Jammu

By Sanjeev Pargal

JAMMU, Apr 14: The Crime Branch, Jammu had unearthed a first ever fraud in the City here committed through Short Message Services (SMSs) on mobile telephones by a Mumbai based firm duping an estimated 13,000 persons worth Rs 41 lakh.

A special cell has been constituted in Crime and Railways police to investigate the case and apprehend the Mumbai based cheat responsible for committing the fraud with the people, the first ever through SMS service on mobile telephones in the State, official sources said.

Though preliminary investigations conducted by a Crime Branch team headed by DySP Varinder Singh and Sub Inspector Lalit Kumar under the supervision of IGP Crime and Railways Dr Shesh Pal Vaid and SP Crime and Railways Bhupinder Singh have so far revealed that a total of 13,000 people have been duped to the tune of Rs 41 lakh, the number of both cheated people as well as the amount could go up as the investigations proceed, they said.

According to sources, a West Mumbai businessman, Venkatesh Kamath, which could well be a fake name, floated two firms named SMS Goodwill and SMS Cash and offered franchisee in Jammu along with other States. The franchisee was obtained by Gagan Suman Gupta of Sarwal Colony, Jammu, reportedly by paying an amount of Rs 7.5 lakh.

The SMS Goodwill as well as SMS Cash offered to mobile telephone holders to become members of their companies by paying a one time premium of Rs 500 and Rs 650 respectively. The companies told the subscribers that they would directly receive advertisements of different companies on their mobile telephones for which they would be paid Rs 500 per month initially and the amount would increase with every passing month.

Lured by the offer, over 13,000 persons took membership of the two companies.

Sources said some of the people got cheques for a period ranging between one to three months after which the Mumbai based company stopped making payments as well as issuing advertisements. The company was reported to have closed its business and its owner disappeared.

The franchisee holder as well as the subscribers made frequent calls to company’s Mumbai office as well as mobile telephone number of Venkatesh Kamath but got no response.

The Crime Branch team, set up for investigations in the SMS fraud, is likely to visit Mumbai shortly to find out whereabouts of Venkatesh Kamath in co-operation with Mumbai Crime Branch, which has already been sounded about the fraud, sources said.

Further investigations in the case were in progress.

Though a number of cyber crimes have been reported in the City during past few months, this is for the first time that such a major fraud has been committed through SMSs on mobile telephones. Sources said the Crime Branch team was also in contact with Crime Cells of other States to ascertain whether similar frauds have also been reported from their States.

Kolkata-Dhaka rail service resumes after 43 years

KOLKATA/DHAKA, Apr 14: After a gap of over four decades, rail services between Kolkata and Dhaka resumed today with the simultaneous launch of ‘Maitree Express’ from here and the Bangladeshi capital in a move aimed at strengthening ties between the two neighbours.

Bedecked with flowers and amidst fanfare, the six- coach train began its nearly 15-hour historic run from a station in north Kolkata for Dhaka at 7.10 hours as External Affairs Minister Pranab Mukherjee gave the go-ahead signal through a remote control on ‘Poila Baisakh,’ the Bengali new year’s day.

Simultaneously in the Bangaldeshi capital, the Dhaka- Kolkata service left the Cantonment station after officials greeted passengers with flowers.

The rail connection between Kolkata and Dhaka was snapped during the 1965 Indo-Pak conflict when Bangladesh was part of Pakistan. However, India and Bangladesh in 1996 resumed direct bus service linking Kolkata and Dhaka.

The Maitree (friendship) Express will cover 538-km running 120 kms on Indian soil and the rest in Bangladeshi territory. With the Indian rake having a capacity of 368 passengers and the Bangladeshi one 418, the service will leave their respective starting points on Saturdays and return the next day.

On its inaugural run, the train was briefly stopped in Nadia district in West Bengal by a group of people who squatted on the track demanding rehabilitation of Bangladeshi refugees. It, however, resumed its journey without security personnel having to use force to remove the blockade.

Describing the occasion as memorable, Mukherjee said the service would bring the two countries closer. He also thanked Railway Minister Lalu Prasad at the function for introducing the train.

"It’s a historic moment for India and Bangladesh," Mukherjee said, as the train with 65 passengers on board left Kolkata’s Chitpur station, resuming the service after a gap of 43 years.

As the train whistled from Dhaka station amidst a colourful function marked by Bengali folk songs and dances, Bangladesh’s Foreign Minister Iftekhar Ahmed Chowdhury said "It is a historic occasion for both the countries. We will be more close after the resumption of passenger train service". The train, which has both economy and air-conditioned coaches, left Dhaka with 370 passengers.

Bangladesh’s interim Government’s advisers including Commerce and local Government Ministries, India’s High Commissioner in Dhaka Pinak Ranjan Chakravarty and senior officials attended the flag off ceremony.

The two countries had signed the final agreement for resuming the train services earlier this week, after the respective Cabinets had endorsed the accord.

At the function here, Mukherjee, accepting a suggestion from Information Minister P R Dasmunshi, said he would take the initiative to celebrate on board Maitree Express, the birth and death anniversaries of Nobel laureate Rabindranath Tagore, who had the rare distinction of composing the National Anthem of both India and Bangladesh.

Describing it as a historic day for both India and Bangladesh, Lalu Prasad said the UPA Government has taken initiative to strengthen ties with Bangladesh and other neighbouring countries to ensure peace without which prosperity could not be achieved.

Reports from Nadia, where the train was stopped for a few minutes by activists squatting on the track, said 87 people, including 11 women, were arrested for blocking the train. (PTI)

In Leh, Speed Post too takes months!

LEH, Apr 14: Two months after getting his bundles of clothes worth some five lakh rupees booked at Grand Post Office, New Delhi, to be sent to Leh through ‘Speed Post’ Namgyal, a petty cloth merchant from Ladakh, is still waiting for his parcels to be delivered.

After purchasing his clothing stock for the coming summer season, he booked it at Speed Post at GPO New Delhi in the month of February but there is no sign of the parcel. "I purchased the stock looking at the demands from different schools for uniform;there is now risk of losing the business," he says.

Namgyal’s is not an isolated case.

Another retailer Togo has some 80 parcels undelivered even after months of getting booked for Speed Post service of the Indian Postal Service. There are many other such complaints from the small business community of the Ladakh region.

According to Sonam Jorgais, president, Merchant Association, Leh, such postal packages belonging to petty businessmen from both Leh and Kargil districts that remain undelivered for months run in thousands. The issue has been taken up with the J&K Government.

Jorgais says, the parcels through different postal services including speed post are normally dumped at Chandigarh to be airlifted in chartered flights to Leh. When things go smooth we receive our parcel in three to four days, he says adding that such ‘prompt’ deliveries, however, are rare.

The Ministry of Communication of the State Government recently shot off a letter saying the undelivered parcels belonging to traders from Ladakh should be airlifted without further delay.

Businessmen in Ladakh face similiar transportation problems when it comes to air cargo, which is the only alternative to bring in trade items purchased from different parts of the country in winter when roads remain closed for six to seven months.

Sipa Majid, a computer retailer in Leh, has been waiting for his computer related parts to arrive through air cargo for over a month.

Such highly erratic service has added to the woes of the small merchants in Ladakh, who try to make their livelihood through running small shops and other business establishments. "Our business is sheet hand to mouth living on marginal profits," says Sonam, who sells electrical goods in Leh.

In view of difficulties in Leh, merchants here have sought relaxation in VAT ever since it was imposed considering the remoteness and tribal character of the Ladakhi population.

Jorgais, president of Merchant’s Association says that in all respects VAT impedes our growth given the poor facilities and hard conditions under which small businessmen work here in Ladakh.

Stocking for winter months several months in advance is a major problem due to closing of roads which is compounded by steep hike in air freight charges during this period, Jorgais says, adding that at present in the wake of poor transportation and underdeveloped Ladakh with zero industrial growth we are simply not in a position to afford VAT. And recurring problem such as that of poor postal service in case of Ladakh only adds to our woes, Jorgais laments. (PTI)

Srinagar-Leh NH to re-open today

SRINAGAR, Apr 14: The 434-km long Srinagar-Leh National Highway will be put through tomorrow after remaining closed for the winter months due to five feet to 40 feet of snowfall , a senior Beacon official said.

However, the normal vehicular traffic would be allowed only from April 16, Beacon Chief Engineer A K Botaney said this afternoon.

There was fresh one feet to two feet of snowfall on the highway last week, Mr Botaney said.

However, he said, the snow was immediately cleared and repair work was undertaken on the highway, linking Drass, the second coldest place in the world, Kargil and Leh with the rest of the country.

He said the road would be declared open tomorrow. But the traffic would be allowed only on April 15.

About the threat of shooting of stones and snow avalanches on the highway, he said some of the areas were being properly maintained.

Mr Botaney said Project Beacon had undertaken repair work of the road.

He added about 250 workers of Beacon were working round the clock to reopen the highway, more than a month before schedules this time.

The highway remained closed for winter months from November every year due to heavy snowfall at Zojila, Captain Morh and Zero Line.

"We have to remove six feet to 40 feet of snow which had accumulated on the road by pressing into service more than 20 snow cutters and other sophsticated machines from both sides of the Zojila," the Chief Engineer said, giving credit to his men for early reopening of the highway.

He said at Captain Morh and adjacent areas there was more than 40 feet of snow on the road.

Mr Botaney also mentioned there was, however, no casualty or damage to the machinery during the snow clearance operation this year, despite snow avalanches and shooting of stones at some places.

He said the 80-km long Srinagar-Sonamarg Highway was declared open last week after Beacon and the civil authorities put a joint effort.

This was for the first time that the road was reopened a month before the scheduled date. A large number of tourists visited the tourist resort of Sonamarg and the local population, including pony walls, who had left in November last year, returning there. (UNI)

Vakil trashes PDP's talk of Joint Mechanism, Regional Council
J&K politicians should declare assets, sources of income

Excelsior Special Correspondent

HANDWARA, Apr 14: Senior Congress leader and Minister incharge Social Welfare, Abdul Gani Vakil, has asked mainstream and separatist politicians to voluntarily declare their sources of income and assets made in the last 60 years. He has also rubbished PDP chief Mehbooba Mufti's suggestion of creating a Regional Council of J&K and PoK Assemblies in order to evolve a joint mechanism for economic transformation of the State.

Addressing a well attended political rally at Vilgam today, Abdul Gani Vakil said that a large number of J&K's political leaders had discovered a highly lucrative vested interest in Kashmir's disturbance and political uncertainty and they had, according to him, unscrupulously indulged in sentimental exploitation of the innocent masses. He said that many political leaders, both in the mainstream as well as the separatist camp, had built considerable fortunes while instigating poor people to pick up guns. On the other hand, he said, these politicians had sent their own children and those of their relatives to medical, engineering, management and IT fields as well as in prestigious administrative and other services in the State and outside.

"If these politicians claim to be the representatives of the people, they should all voluntarily declare their assets and sources of income to the people, who wanted to know wherefrom their political leaders' palatial houses, luxurious cars, innumerable plots and bank balances had been coming", Vakil said. He said that the people at large had a right to know it all about the men in public life. He said it was strange that a number of politicians had been openly beneficiaries of the privileges of Government of India but, on the other hand, these very people had been sustaining turmoil and political uncertainty only to pursue their vested interests.

Vakil said that Government should constitute a high level commission to probe assets and sources of income of all mainstream as well as separatist politicians in Jammu and Kashmir in case they failed to voluntarily declare the fortunes made over the last 60 years, particularly in the last two decades of turmoil. He said that another group of politicians had started croaking as frogs do in the monsoon when elections were imminent. "They try to tantalise public by singing songs of emotional exploitation", he said and added:. "Raising the planks of autonomy, self-rule, withdrawal of troops, dual control, etc has become habit of some parties and political leaders when they were not at the helm of affairs. They forget it all when reins of power are back in their hands".

In his speech, Vakil dismissed PDP's suggestion of creating a Regional Council of J&K and PoK Assemblies purportedly for evolving a joint mechanism for the State's economic transformation with the involvement of India and Pakistan. "We admit that there is a political problem which needs to be resolved in an internal arrangement and dialogue. Getting Pakistan involved in India's internal matters under the smokescreen of dual control and joint mechanism is nothing but a suggestion to impose foreign slavery on our people. We outrightly reject it as it is patently and potentially detrimental to the sovereignty and integrity of our country", Vakil argued. He said that resolution of the Kashmir crisis lay in unanimous approach of all political parties rather than sweet will of a particular party.

Minister also distributed cheques worth Rs 10 lakh among the widows of the areas under National Widows Benefit Scheme (NWBS).

Minister incharge Power, Babu Singh, highlighted the achievements of the Government registered during two-year period of Mr Azad's term as Chief Minister. He gave a resume of measures being taken for construction of new power projects in the State. MLC Mohammad Amin Bhat besides Congress leaders, Bashir Ahmad Magray, Mohammad Anwar Bhat and Master Sheikh Ghulam Mohammad, also spoke on the occasion.

Maoist Bhattarai to be Nepal PM

KATHMANDU, Apr 14: Maoists today got down to Government formation in Nepal which will be a multi-party coalition expected to be headed by their second ranking leader Baburam Bhattarai after the former rebels consolidated their stunning lead in landmark elections.

With the Maoists sweeping the Constituent Assembly polls bagging 106 out of the 190 declared so far and leading in 11 others, the party has initiated serious consultations including a meeting with Prime Minister G P Koirala on modalities to form the new Government. Results for 50 seats are awaited out of the 240 at stake in direct elections the Maoists are on track to become the single largest party.

Prachanda has also met Indian Ambassador to Nepal Shiv Shanker Mukherjee and discussed the post-poll situation. Mukherjee assured Prachanda of help no matter whatever be the election result, according to Maoist office secretary Keshav Nepal. Prachanda told the Ambassador that his party will maintain balanced relations with India.

Nepali Congress secured second position with 32 seats, CPN-UML third position with 26 seats. The Madhesi People's Rights Forum bagged 17 seats, Terai Madhes Democratic Party grabbed 4 seats and five seats went to small parties and an independent candidate.

Bhattarai, the second in command in CPN-Maoists after Prachanda, is most likely to lead the next Government, sources close to Maoists said.

The Maoists had projected Prachanda as the next President of Nepal during election campaign in an apparent bid to lure voters. But as there is no legal provision to make a President in the interim constitution, the 54-year-old former school teacher can aspire to become the President if the rewritten constitution provides for this.

Prachanda has already said during a victory rally that his party will form a coalition Government by including other major parties in the Cabinet. He also said the same when he met Prime Minister Koirala yesterday and sought cooperation to form the new Government.

Senior Maoist member Chandra Prakash Gajrel said the former rebels would "try to work together with other parties to form a coalition Government" which is expected to make sweeping changes including the sacking of unpopular King Gyanendra and the abolition of the 240-year-old monarchy.

The seven party alliance members including the Maoists have agreed to abolish monarchy through the first sitting of the elected Assembly. There are some 98 polling booths where polls have been cancelled and repolling is being held within a week, so it will take at least 7-8 days to form a new Government and a couple of more weeks for the first meeting.

Though Maoists are sweeping in the direct elections being held for 240 seats and they are close to win majority seats under first past the post (direct voting) system, it is still not certain whether the party can get clear majority in all 575 seats under both the proportionate and direct voting system.

Though in direct voting the Maoist party is close to crossing 50 per cent seats but in proportionate they have just got 32 per cent votes so far followed by Nepali Congress with 23 per cent and CPN-UML with 21 per cent.

Some repolling will take place this week due to election day irregularities, with final results expected on April 22, Election Commission spokesman Laxman Bhattarai said.

Another 335 Assembly members will be elected by proportional representation — a counting method the Maoists are also expected to do well in. It could be "several weeks" before the full results for those seats are known, he said.

The final 26 seats will be appointed by an interim Government to be formed after the polls.(PTI)

LeT ‘Distt Commdr’ killed in Harwan

Excelsior Correspondent

SRINAGAR, Apr 14: Police and security forces today claimed to have killed a "District Commander" of Lashkar-e-Toiba in an encounter in Harwan area of Srinagar.

Informed sources said that based on a specific information, troops of 5 Rashtriya Rifles, 10 Para, 19 Rashtriya Rifles, 122 Battalion CRPF and SOG Srinagar launched a search operation in Haider Nala, in Harwan Dara area. During the operation, militants fired upon the raiding party. In the resultant encounter, one militant got killed. He was identified as Zakaria. Officials said that Zakaria was a Pakistani militant and "District Commander" of Lashkar-e-Toiba.

Lashkar spokesman Dr Abdullah Gazali confirmed the death of his organisation's "District Commander" but said that he would be issuing a statement after getting all details. He said that Lashkar chief Qari Abdul Wahid Kashmiri has paid rich tributes to the senior Lashkar militant Abu Mansoor who died in an encounter with security forces in Chakoora village of Pulwama district earlier this week. Qari described the slain militant as a bold warrior who had offered stiff resistance to Army for several hours even after getting injured.

LeT chief, according to spokesman, issued a warning to militants-turned-informants of the armed forces that they should desist from getting the militants killed. He said that a "relief package" had been issued for financial support of the former militants who had moved out of the "freedom struggle" due to financial constraints. He said that most of those who had shifted to Police and Army as informers would take advantage of this package and assured them that they would not be harmed.

Meanwhile, reports from Chrar-e-Sharif said that Havildar Kashmira Singh fired upon himself with his own service rifle and died at Waza Bagh camp of RR 53 Bn. Officials said it was being ascertained whether the soldier had committed suicide under the impact of stress or other reasons or he had died of a misfire from his service rifle.

Sources said that Assistant Commandant of CRPF 183 Bn, Ajit Singh, died of cardiac arrest at his camp in Kakapora, Pulwama. Reports said that 57-year-old Singh died months after undertaking a bypass surgery of heart.

Work on Kishanganga to be accelerated

NEW DELHI, Apr 14: India will put on fast track the strategically important Kishanganga Hydro Project in J&K on a tributary of the Jhelum river, in the wake of Pakistan commencing work on a similar project in its territory giving contract to a Chinese company.

"Now that Pakistan has begun work with the help of a Chinese firm, we have to put the 969 mw project on a fast track to be done by the National Hydro Electric Power Corporation," Minister of State for Power Jairam Ramesh told reporters here today.

While the Cabinet Committee on Economic Affairs had cleared the project in July 2007, it saw cost overruns from Rs 22,000 crore to Rs 37,000 crore due to militancy and geological risks, Ramesh said.

The Ministry will take the project with revised cost estimates to the CCEA again after which the NHPC would be asked to commence work at a fast speed.

"The project is of strategic importance as it is located on the border (Pakistan)," Ramesh said. With Pakistan side having begun work on their side of the river, India has to work with renewed sense of urgency, he said.

The Jhelum tributary is called Kishanganga on the Indian side while it is known as Neelum in Pakistan.(PTI)

Assessee must be heard: SC

NEW DELHI, Apr 14: The Supreme Court has held that the Income-Tax Department must give reasonable opportunity to an assessee to present its case before an order for special audit is passed.

A three-judge bench headed by Justice B N Agrawal while allowing the appeals of the Sahara Group held that the principles of natural justice demand that an opportunity of hearing should be afforded to an assessee before the assessing officer orders special audit under section 142 (2a) of the Income Tax Act, 1961.

The court said, "rules of natural justice are not embodied rules. The phrase natural justice is also not capable of a precise definition. The underlying principle of natural justice, evolved under the common law, is to check arbitrary exercise of power by the State or its functionaries. Therefore, the principle implies a duty to act fairly, i.e. Fair play in action."

While applying the law on the subject prospectively, Justice D K Jain, writing the verdict for the bench, said: "unless a statutory provision either specifically or by necessary implication excludes the application of principles of natural justice, in that event the court would not ignore the legislative mandate..."

The principle will hold good irrespective of whether the power conferred on a statutory body or tribunal is administrative or quasi-judicial, he said.

However, no general rule of universal application can be laid down as to the applicability of the principle in addition to the language of the provision, it said, adding there can be exceptions to the said doctrine.

While agreeing with the apex court’s earlier decision in Rajesh Kumar & Ors vs Deputy Commissioner of Income-Tax, the three-judge bench said an order under section 142 (2a) does entail civil consequences.

According to the court, the insertion of proviso to section 142 (2d) with effect from June 1, 2007 provided that the expenses of the auditor shall, henceforth, be paid by the Central Government.

Justice Jain said special audit has an altogether different connotation and implications from the audit under section 44ab.

"Unlike the compulsory audit under section 44ab, it is not limited to mere production of the books and vouchers before an auditor and verification thereof. It would involve submission of explanation and clarification which may be required by the special auditor on various issues with relevant data, document etc., which, in the normal course, an assessee is required to explain before the assessing officer.

"Therefore, special audit is more or less in the nature of an investigation and in some cases may even turn out to be stigmatic. We are, therefore, of the view that even after the obligation to pay auditor’s fees and incidental expenses has been taken over by the Central Government, civil consequences would still ensue on the passing of an order for special audit," the judgement stated.

The judgement came on two appeals filed by the Sahara Group in December 2006 after the Delhi High Court had dismissed its petition upholding the Government’s decision to appoint K G Somani and Co as special auditor to conduct audit of Sahara India and Sahara India Financial Corporation.

Sahara India had sought quashing of the order passed by the Commissioner of Income-Tax, Delhi, that directed the company to get its accounts audited by chartered accounts without giving any opportunity to present its case.

The company had alleged that the order passed by the IT Department violated the principles of natural justice as it was not given an opportunity of being heard by the authorities.

Neither books of account nor any issue/query was called for between the commencement of assessment proceedings in February 2005 and the date of the order in March 2006, it added.

Sahara India had contended that the order directing special audit was bad in law as the IT Commissioner had delegated his quasi-judicial functions of making an assessment to the special auditor.

According to it, it had filed a return on an income of Rs 11.40 crore for 2003-2004 along with a statutory audit and tax audit reports certifying that accounts were being maintained on mercantile system of accounting.

Opposing the petition, the Government had contended that the power prescribing procedure for assessment related to the inquiry before the assessment and the special audit was to facilitate the assessment to protect the interests of the revenue, which was of paramount consideration and cannot be defeated or delayed by affording a hearing to the assessee to decide whether there should be a special audit or not.

Since order of special audit was only a step towards the assessment and was an inquiry before assessment, no liability in terms of the said order was created and, therefore, such an order does not lead to any civil consequences, it said.(PTI)

Nehru-Gandhi family had no role in rights to Dalits: Maya

LUCKNOW, Apr 14: With Congress being proactive in garnering dalit support following Supreme Court nod to quota in higher educational institutions, Uttar Pradesh Chief Minister Mayawati today attacked Nehru-Gandhi family charging it with making no contribution to giving rights to dalits.

"Whatever rights dalits and backwards have is due to Bhim Rao Ambedkar and there is no contribution of Nehru-Gandhi family," Mayawati said addressing a rally to mark the birth anniversary of dalit icon B R Ambedkar.

She alleged "Congress and company" had conspired against Ambedkar so that he could not become a member of the Constituent Assembly.

During the partition, Congress had ceded a particular area in West Bengal, represented by Ambedkar, to Pakistan so that he could not become a member, Mayawati charged.

The area had 42 per cent Muslim population and 58 per cent Hindu but was given to Pakistan only to prevent Ambedkar from becoming member of the Constituent Assembly, she claimed adding it was the British Government which had insisted that India would not get freedom if Ambedkar did not become a Constituent Assembly member.

Reacting to allegation of misuse of Government funds for renovating Ambedkar Park here, Mayawati said when Congress had constructed memorials for their leaders in New Delhi, where land was worth crores of rupees, no one raised any question. But a hue and cry was raised when funds were spent on memorial of Ambedkar.

Favouring a change in the mindset of political parties towards dalits, Mayawati accused them of having a castiest mentality when it came to memorials in the name of dalit icons.(PTI)