Gauge conversion project faces hurdles in Aryankavu

270 rubber trees have to be felled to make way for station

Uncertainty over a political decision to fell 330 trees comprising rubber, coconut and areca on railway land near Aryankavu in Kollam district is further delaying the already limping Punalur-Sengottai gauge conversion work being carried out by the Madurai Division of the Railways.

The land on which the trees stand is required by the Railways for constructing the yard for a new railway station, tentatively named “New Aryankavu”, which is a mandatory requirement for completing the gauge conversion between Bhagawatheepuram and Thenmala. The trees stand on railway land encroached by local people.

The encroachers resist felling of the trees on grounds that they had planted and nurtured them as a means of livelihood. The trees targeted to be felled comprise 270 rubber trees.

Though the Railways have agreed to provide financial compensation for the trees, a political decision remains elusive.

As per a 1905 agreement between the then Maharaja of Travancore, Sree Moolam Thirunal Rama Varma and the Railways, all trees standing on railway property along the forest portion of the Sengottai-Punalur railway section will be the property of the Forest Department and can be felled only with permission from the Forest Department even if it is for any railway development work. It was part of the Maharaja’s concern for the environment and the need to protect trees.

In fact there were 485 trees on the area earmarked by the Railway for constructing the yard for the new railway station. The felling of 155 of these trees comprising teak and other valuable timber were given clearance by the Forest Department. These were tendered for Rs. 25 lakh and felled six month ago. But there is resistance when it comes to felling the other trees.

Last week, the Forest Department submitted a report to the State government giving clearance for felling the remaining trees. But a final decision is not being taken. H. Anantharaman, Deputy Chief Engineer (Construction), attached to the Madurai Division told The Hindu that the Railways had been waiting for the clearance since the past one year.

Funds for constructing the new station and its yard are already in hand, he said. The old Aryankavu station will be retained for the convenience of the local people.

But the New Aryankavu station is being constructed 3 kms west of the old station as a crossing station which is a mandatory requirement, he said.

The old station area has a gradient of only 1 in 260 suitable to accommodate meter gauge trains. Broad gauge station yards require a minimum gradient of 1 in 400 and that could be achieved between Thenmala and Bhagawatheepuram only at the site earmarked for the New Aryankavu station, Mr. Anantharaman said.

For essential operating reasons a crossing station is required between Thenmala and Bhagawatheepuram. If the gradient is incorrect, the Railway Safety Commission will not give the green signal for passenger traffic. Incorrect gradient will result in stationary trains rolling away. The trees marked to be felled are standing on the alignment of the yard.

Mr. Anantharaman said that even the railway land beyond the portion required for the yard has been encroached upon. But the Railways do not intend touching the trees planted on land which is not required for the yard alignment.

He said that a lot of work is involved for the construction of the new railway station and its yard. Delay in commencing that work will only further delay the completion of the gauge conversion work on the section, he said.

Prasada Rao appointed as Andhra Pradesh DGP in-charge

Anti-Corruption Bureau Director General B. Prasada Rao has been appointed as Director General Police in-charge by the State Government in Hyderabad on Monday as the DGP V. Dinesh Reddy retired on reaching superannuation.

The order stated that Mr. Rao was placed in full additional charge of the DGP (Head of Police Force) till further orders. Earlier in the day, Mr. Reddy attended a farewell parade held at Amberpet Police Lines.

Mr. Rao is expected to assume charge on Monday evening. He had worked as the Commissioner of Police of Hyderabad and Visakhapatnam cities earlier.

YSRC shuts door on Congress MP Sabbam Hari

The Anakapalle MP had remarked that Jagan would support the UPA coalition after the elections

YSR Congress has shut the doors on Congress MP Sabbam Hari who has been sailing with that party for the past many months, following his controversial remarks that YSRC leader Y. S. Jaganmohan Reddy would extend support to the UPA coalition after the elections.

Replying to questions at a press conference here on Sunday, YSRC leader Shobha Nagi Reddy said his remarks were part of a conspiracy hatched by Congress leaders and YSRC had nothing to do with his statement. His remarks caused anguish to party president Jaganmohan Reddy and added that there was no place for him in the party now or in the future.

Observing that the present imbroglio in the State was political in nature, she said it needed a political solution. She challenged State Congress and TDP leadership to sign on a one-line resolution seeking a unified State to clear the uncertainty.

Resolution mooted

Referring to the 60-day-old agitation in Seemandhra region, Ms. Shobha said if all parties sign on such a resolution in favour of a united State the process of division could be stopped.

She said that Mr. Jagan had told a delegation of JAC lawyers on Saturday that it would help the State to keep united if leaders of all parties signed such a letter.

Naidu slammed

Hitting out at TDP president N. Chandrababu Naidu, she said the TDP would crumble under the weight of Mr. Naidu’s actions as they were against the multitude of the people of the State.

She said that while YSRC opposed the division of the State, Mr. Naidu supported it and demanded him to withdraw the letter he had given to the Centre accepting bifurcation.

Jagan praises Modi, wants him to change system

YSR Congress president Y.S. Jaganmohan Reddy has lauded BJP prime ministerial candidate Narenda Modi as a “good administrator,” but has indicated that he wants him to improve his secular credentials.

At a press conference here on Monday, he was asked whom he would support at the Centre after elections. But he said: “We continue to be secular. I am not like Chandrababu Naidu who takes U-turns. We are secular and we are committed to being secular.”

This was Mr. Jagan’s first interaction with the media after he came out of jail in the disproportionate assets case.

Mr. Jagan said he admired Mr. Modi as an administrator.

Pointing out that religion was personal, he asked: “Why should religion be politicised.”

He wanted Mr. Modi to change the entire system to bring every party on a secular platform in the interests of the country.

On the Telugu Desam Party’s charge that the YSR Congress would support the UPA after the elections, he reiterated that he was secular like the Communist parties and the Janata Dal (United). His options were open, especially when the Communists and the JD(U) were there.

UPA committed to give basic facilities to all: Sonia

Asserting that inclusive growth will remain as central plank of United Progressive Alliance (UPA), Congress president Sonia Gandhi on Monday said it was in tune with this concept that the government had launched a series of welfare programmes and legislative initiatives, especially for the weaker sections.

“Inclusive growth is the policy of the UPA. We want everyone to march together to make a new India. No one should be left behind or sidelined on account of religion, class, caste or creed,” Ms. Gandhi said while launching a scheme of the Kerala government providing land to all landless families.

She said the UPA was committed to carry forward the legacy of former premiers Indira Gandhi and Rajiv Gandhi to build a modern India based on the principle of social justice by providing basic facilities to every one.

Ms. Gandhi said the UPA under Prime Minister Manmohan Singh’s leadership had introduced a host of welfare schemes including the Food Security legislation with this goal in mind.

Other measures also included RTI, land acquisition rehabilitation bill, right to education and rights of tribal act, rural employment guarantee scheme and Prime Minister’s Gram Sadak Yojana.

Pat for Chandy govt.

Praising the Oommen Chandy government for its welfare initiatives, she said the “zero landless programme” unveiled on Monday was in harmony with the UPA’s social security measures and would receive total support of the Centre.

“Citizens become happy only when they have a piece of land and a house. A happy citizen is better equipped to face challenges of everyday.” Programmes like this demonstrated that the UDF Government is “responsive, compassionate and meets the aspirations of the people.”

“The UDF government has done a stellar job in implementing the flagship programmes of the UPA. I believe that the programme (zero land less scheme) focuses on providing land to the landless, mostly weaker sections such as SC, STs, destitute, handicapped and persons suffering from chronic illnesses.”

She noted that it was significant that the UDF government come out with such a courageous measure to provide land for all despite severe pressure on land due to increase in population and urbanisation.

Amend IPC for life term till death sans remission: Supreme Court

The Supreme Court has asked the Centre to amend the Indian Penal Code to provide for life imprisonment till death without any remission for heinous offences like child rape and murder which shock the collective conscience of society.“Any murder would cause a shock to society but all murders may not cause revulsion in society. Certain murders shock the collective conscience of the court and community. Heinous rape of a minor followed by murder is one such instance of a crime which shocks and repulses the collective conscience of the community and the court… we are of the view that such crimes, which shock the collective conscience of society by creating extreme revulsion in the minds of the people, are to be treated as the rarest of rare category,” said a Bench of Justices C.K. Prasad and Kurian Joseph in its judgment in the case of rape of a child in Rajasthan.

Writing the judgment, Justice Joseph said: “Parliament is the collective conscience of the people. If it has mandated a minimum sentence for certain offences, the government being its delegate cannot interfere with the same in exercise of its power for remission or commutation. Neither Section 432 nor 433 of the Cr.PC hence contains a non-obstante provision. Therefore, the minimum sentence provided for any offence cannot be and shall not be remitted or commuted by the government in exercise of its power under Section 432 or 433 of the Cr.PC. Wherever the IPC or such penal statutes have provided for a minimum sentence for any offence, to that extent, the power of remission or commutation has to be read as restricted; otherwise, the whole purpose of punishment will be defeated and it will be a mockery of sentencing.

The Bench said: “We are of the view that it will do well in case a proper amendment under Section 53 [relating to punishments] of the IPC is provided, introducing one more category of punishment — life imprisonment without commutation or remission.” It noted that Justice V. S. Malimath, in his report on “Reforms of the Criminal Justice System” submitted in 2003, had made such a suggestion but so far no serious steps had been taken.

In the instant case, the State was aggrieved over the Rajasthan High Court commuting to life imprisonment the death sentence, awarded by a sessions court, to Jamil Khan, who brutally raped the girl, who was under five, on December 23, 2002 and thereafter murdered her. He packed the body in a sack, put in a bag and abandoned it in a train.

The State, in its appeal before the Supreme Court, sought the death penalty for Khan.

The Bench said though it was a planned crime, nine years had passed since his death sentence was substituted with life imprisonment. “We are reluctantly of the view that it would not be just and proper to alter the sentence to death at this stage. [But] in future, in order to avoid such contingencies, cases where enhancement of life sentence to death is sought should be given due priority. Having regard to the facts and circumstances of the present case, we make it clear that in the event of the state invoking its powers of remission, the sentence under Section 376 of IPC [rape] shall not be remitted or commuted before seven years of imprisonment. In other words, in that eventuality, it shall be ensured that the respondent first serves the term of life imprisonment under Section 302 [murder] of the IPC. In case there is any remission after 14 years, then imprisonment for a minimum of seven years under Section 376 shall follow and thereafter three years of rigorous imprisonment under Section 201 [causing disappearance of evidence].”

HC defers hearing on reference in Dec. 16 gangrape case

The Delhi High Court on Wednesday postponed to October 1 the scheduled hearing on the trial court’s reference for confirmation of the death sentence of the four convicts in the December 16 gang-rape case to make available documents of the case to their counsel.

A Division Bench of Justice Reva Khetrapla and Justice Pratibha Rani rescheduled the hearing when counsel for the convicts informed it on being asked that they had not been provided the papers either by the prosecution or the Court Registry.

Thereafter, the Bench directed the prosecution to provide the documents to them. In reply, the Special Public Prosecutor assured it that they would get the papers within two days.

The Bench also directed the Registry to provide English translation of the dying declaration of the victim and the statements of the other prosecution witnesses recorded in Hindi and exhibited before the trial court to the convicts’ counsel.

The convicts’ counsel had on Tuesday told the High Court that they would file appeals against their conviction. They had informed the Bench about going in appeal against their conviction when it had inquired about it from them.

The Bench has decided to hear the reference on day-to-day basis, pending filing of appeals by the convicts. The convicts’ counsel wanted the Court to hear the reference and appeals together but it did not agree.

The trial court had on September 13 awarded death sentence to the four convicts, categorising the case as a rarest of rare one.

Lalu Prasad, two other convicted MPs face disqualification if ordinance is not promulgated

Three convicted MPs, including RJD chief Lalu Prasad, are all set to face disqualification if the government fails to promulgate the ordinance to legalise Section 8 (4) of the Representation of the People Act, 1951, that was declaredultra vires by the Supreme Court on July 10.

While Janata Dal (United) MP from Jahanabad (Bihar) Jagadish Sharma too was convicted in the fodder scam on Monday by the Special CBI court in Ranchi, along with Mr. Prasad (elected from Chapra in Bihar), Rajya Sabha member from Uttar Pradesh Rasheed Masood (Congress) was convicted under the Prevention of Corruption Act (PC Act) and other IPC Sections on September 20 here by another Special CBI court. Interestingly, Mr. Masood, who was in the Samajwadi Party earlier, was the candidate for the vice-presidential poll in 2007 representing the then United National Progressive Alliance.

Though the quantum of sentence for the three MPs is yet to be announced (sentence for Mr. Masood to be announced on Tuesday), informed sources said since they had been convicted under the PC Act, they could be straightaway disqualified irrespective of the quantum of sentence, as per the Supreme Court order.

In case the ordinance is promulgated, despite reservations expressed by Congress vice-president Rahul Gandhi, Mr. Prasad and Mr. Sharma can hold the Lok Sabha membership until they continue to be members of the present House, and for Mr. Masood till 2016 (when he will complete his term) as the Upper House is a continuous body. However, all the three MPs, unless acquitted by the appeal court, cannot contest polls for six years from the date of release from their prison term (if they are sentenced to imprisonment). i.e., they will enjoy protection under Section 8 (4) of the RP Act only till their current parliament membership expired.

If no ordinance is issued, then the respective head of the Houses — Lok Sabha Speaker and Rajya Sabha Deputy Chairman — upon receiving the certified copies of the verdict, can issue an order announcing their disqualification and declare their seats vacant.

The former Lok Sabha Secretary-General and constitutional expert, P.D.T. Achary, did not see anything wrong in the parliamentarians/legislators enjoying certain privileges in the interests of the country as the Supreme Court itself had allowed “class legislations” or special dispensation for a particular set of people in so many cases.

He recalled that a Constitution Bench of the Supreme Court had observed: “Section 8 (4) of the RP Act is an exception. Once elections have been held and a House has come into existence, it may be that a member is convicted and sentenced. Such a situation needs to be dealt with on a different footing. Here the stress is not merely on the right of an individual to contest an election or to continue as a member of a House, but the very existence and continuity of a House democratically constituted.”

Mr. Achary felt experts would not have failed to examine the repercussions before bringing the Bill to amend the RP Act, 1951, relating to Section 8 (4), when it was approved by Parliament on March 15, 1989.

Whole party backs PM, says Sonia

Congress president Sonia Gandhi on Monday warned the Opposition parties against “making fun” of Prime Minister Manmohan Singh and asserted that the entire party stood by him.

She was addressing a party rally at the Visvesvaraya Stadium here organised to thank the people of Karnataka for giving the Congress a clear mandate in the Assembly polls and the recent Lok Sabha by-elections.

Ms. Gandhi asserted that the Congress was not afraid of the BJP or any other Opposition party.

“They ridicule our achievements, our Prime Minister and make fun of our party. But the whole party stands behind our Prime Minister. It was under his leadership that the UPA was able to take major decisions,” she said, citing the passage of the Land Acquisition and Food Security Bills.

“The BJP tried its best not to allow passage of these Bills. It was also spreading rumours that these Bills were against farmers. But farmers have always been at the centre of our policies. We will never forget them.

“No other government has lifted millions out of poverty like ours. The Opposition attacks the Congress but I want to ask them why did they not adopt these measures when they were in power. That was because they did not care for you. They cared only for power.

“Our party stands by the principles of inclusiveness and social justice inherited from Jawaharlal Nehru, Mahatma Gandhi, Indira Gandhi and Rajiv Gandhi. The Congress stands for a developmental agenda. We bind people and the BJP divides them.

“The last time I was here, I requested you to give the Congress a chance. You placed your trust in us and gave us a clear mandate. I thank you for this,” she said.

Referring to the party’s victory in the Lok Sabha by-elections, Ms. Gandhi said: “The victory of D.K. Suresh and Ramya has reconfirmed the resolve of people to return to the Congress fold.” Earlier, Chief Minister Siddaramaiah warned the BJP and the Sangh parivar that his government would not tolerate any attempts to create communal disharmony in the State.

Pointing out that the BJP was projecting Narendra Modi as a “cult figure,” the Chief Minister said Mr. Modi’s dream of becoming Prime Minister would never be fulfilled. “We from Karnataka will not allow this to happen.”

India, China reiterate peace on border is the basis for consultations

India and China on Monday concluded two days of consultations on the situation along the disputed border, as a working mechanism for coordination on border affairs — set up last year — held its fourth meeting.

The consultations in the Chinese capital reviewed “recent developments” along the border “especially in the western sector,” a statement issued by the Ministry of External Affairs (MEA) said.

In April, Indian and Chinese troops were involved in a three-week-long stand-off at Depsang, Ladakh, along the western section of the disputed border. This has been followed, in recent weeks, by several reports of incursions by Chinese troops in the area.

Officials on both sides say there are differing perceptions of where the Line of Actual Control (LAC) runs in the area, with face-offs occurring when troops, which carry out patrols up to their respective claim-lines, meet. However, Indian officials have noticed, over the past few months, increased Chinese patrolling along several points in the western sector.

Following the Depsang stand-off — which was triggered by Chinese troops pitching a tent in a disputed area and subsequently cast a cloud over the May visit of Chinese Premier Li Keqiang to New Delhi — India conveyed to the Chinese leader that bilateral ties, in any field, could not move forward unless both sides ensured a foundation of peace and stability along the border.

Monday’s statement reiterated that message, saying that the “two delegations agreed that peace and tranquillity on the border is the basis for the continued expansion of India-China relations.”

The statement added, “To this end, both sides discussed further measures to maintain stability on the border, building on existing understandings and arrangements.”

The two countries have, in recent months, been discussing a Border Defence Cooperation Agreement, which would look to consolidate and enhance existing arrangements.

Officials expect the agreement to be signed during the scheduled visit of Prime Minister Manmohan Singh to China later this month.

The Indian delegation, during the two days of consultations, included officials from the MEA, Defence and Home Ministries, and members of the Army and Indo-Tibetan Border Police.

The talks were held by Joint Secretary (East Asia) in the MEA Gautam Bambawale, and the Director General of the Chinese Foreign Ministry's Department of Boundary and Oceanic Affairs, Ouyang Yujing.

The Chinese side included officials from the Foreign and Defence Ministries.

Centre, States to confer today on targeted PDS

The Centre will hold a consultation with State Food Ministers here on Tuesday to resolve their differences over cost-sharing in rolling out the targeted public distribution system (TPDS) under the National Food Security Act. The costs involve charges for handling of foodgrains, transportation, and intermediary storage in States, mandi taxes, value added taxes and enhanced commission to fair price shop owners per quintal of wheat or rice or coarse cereals.

So far, Delhi, Rajasthan and Uttarakhand have indicated their preparedness to roll out the TPDS under the new Act and that too in phases. The Union Food Ministry has accepted Haryana’s readiness and has allocated its share of foodgrains.

With the identification of eligible beneficiaries a crucial aspect, the Central government has asked the States to “clean up the database of beneficiaries” to ensure that the TPDS does not suffer from errors of inclusion of undeserving beneficiaries and exclusion of deserving ones. They have been asked to rely on the Socio-Economic Caste Census criterion and the State-wise percentage coverage indicated by the Planning Commission. The Antyodaya Anna Yojna beneficiaries will be included in the State’s percentage of total beneficiaries.

Some of the differences were discussed in a precursor meeting on Monday of Food Secretary Sudhir Kumar with Food and Public Distribution Secretaries of States and Union Territories. The agreed decisions will translate into the rules and guidelines that the Centre will adopt as indicated in various provisions of the Food Security Act. The Central government will pick up the annual food subsidy estimated at Rs. 1,25,000 crore that will accrue from selling rice at Rs. 2 per kg, wheat at Rs. 3 per kg or coarse grains at Rs. 1 per kg to 75 per cent of the rural and 50 per cent of the urban population.

The States want the Central government to bear the complete cost of handling and transportation of foodgrains from the Food Corporation of India godowns to the fair price shops. The States also want the Centre to bear the storage and carrying cost of foodgrains in case they are to maintain intermediary godowns. A capacity of about 204 lakh tonnes is being created in 19 States with Punjab, Haryana and Madhya Pradesh having taken the lead.

State Food Secretaries have urged the Centre to reimburse to them the mandi taxes (which are the highest in wheat producing States of Punjab and Haryana) and the Value Added Tax (VAT) wherever applicable. Earlier the States used to bear the costs but were mostly recovering them from the Public Distribution System beneficiaries. Now that the Centre has fixed the central issue price of foodgrains under the Food Security Act, the States cannot tinker with them.

The States have been asked not only to reform the TPDS but to also open new fair price shops to ensure that there is a fair spread of outlets.

In time, the States will have to go in for end-to-end computerisation of the TPDS with automation of fair price shops linked to Aadhar cards and the National Population Register. The Centre will share the costs for this on 90:10 basis with the north-eastern States and on 50:50 basis with others.

New ad spots to focus on passive smoking

Harmful effects of passive smoking would be the focus of the two new pictorial warnings to be launched by the Ministry of Health and Family Welfare on Tuesday.

These would become effective from October 2 that marks the completion of five years of implementation of smoke-free laws in India. The two spots, ‘child’ and ‘dhuan’ (smoke) — which have to be used on cigarette packs — are aimed to reinforce the government’s emphasis on passive smoking.

‘Child’ and ‘dhuan’

‘Child’ and ‘dhuan’ have been developed by the World Lung Foundation to warn about the health costs of smoking and second-hand smoke, and of the penalties to be faced for violating the smoke-free law. ‘Child’ focuses on the health risks of smoking and passive smoke, while ‘dhuan’ models the behaviour expected of business managers, advocates, enforcement officials, smokers and non-smokers.

As per the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) Rules, the anti-tobacco health spots and disclaimers are being provided by the Ministry of Health and Family Welfare.

Last year, two spots ‘Mukesh’ and ‘sponge’, depicting harmful effect of usage of smokeless and smoking forms of tobacco, were used. These would be replaced with the ‘child’ and ‘dhuan’ spots. These spots have been dubbed in 16 Indian languages for a pan India coverage.

Tobacco use is the leading cause of preventable diseases and death in the world today. Nearly 8-9 lakh people die every year due to diseases related to tobacco use in India with 5,500 youth taking to tobacco use every day. About 50 per cent of all cancers in males and 25 per cent of cancers in females can be attributed to tobacco use. About 90 per cent of all oral cancers are believed to be caused due to consumption of smokeless tobacco.

Tobacco also affects non-smokers who are exposed to second-hand smoke as well as workers involved in cultivation and processing of tobacco products.

India enacted the COTPA in 2003 to regulate consumption, production, supply and distribution of tobacco products, by imposing restrictions on advertisement, promotion and sponsorship of tobacco products; prohibiting smoking in public places; prohibiting sale to and by minors, prohibiting sale within a radius of 100 yards of educational institutions and through mandatory depiction of specified pictorial health warnings on all tobacco product packs.

No conflict of interest was seen when Subhash Yadav made it to UGC

HRD Ministry failed to mention Subhash Yadav who was a member of the UGC even as he was an active politician

When the Human Resource Development (HRD) Ministry removed psephologist Yogendra Yadav as member of the University Grants Commission (UGC) earlier this month stating that his association with the Aam Aadmi Party (AAP) “may not only set a dangerous precedent but may even give scope for future politicisation of the UGC and its academic decision making”, it failed to mention Subhash Yadav, former deputy Chief Minister of Madhya Pradesh, who was, more than a decade back, made a member of the body while he was an active politician.

Professor Yadav, an office-bearer of the AAP, was served a show-cause notice on September 4 by the Ministry and subsequently removed from the UGC which cited conflict of interest “as his antecedents and credentials at the time of his appointment in 2011 now stand substantially altered [after his joining the AAP].”

Subhash Yadav who passed away in June this year, was appointed member of the UGC in 1992 under the same provision of the UGC Act under which Prof. Yadav was appointed. The Act allows those persons with a background in academics, agriculture and industry to be appointed. Mr. Yadav was a practising farmer then and an active member of the Congress party.

Sources in the UGC said Mr. Yadav had attended several meetings of the UGC. He had been an important office-bearer of the Congress, both at the all-India and State-level.

Mr. Yadav had been a Congress MP in the Lok Sabha from Khargone constituency in 1980 and 1985 but had lost in the subsequent Lok Sabha election. In 1991, when the late Arjun Singh moved to Delhi as the Human Resource Development Minister, he had appointed Mr. Yadav as UGC member. However, Mr. Yadav did not complete his term as he was elected to Madhya Pradesh Assembly from Kasrawad constituency of Khargone district in 1993. He then went on to become the Deputy Chief Minister when Digvijaya Singh was Chief Minister.

In this post, Mr. Yadav was in charge of the Ministry of Agriculture and Cooperatives, and held the elected position of chairperson of the Madhya Pradesh State Apex Cooperative Bank for several years. He remained in opposition during the BJP’s rule.

Mr. Yadav’s son Arun Yadav is a Lok Sabha member from Khandwa and is also a former Minister of State.

Lalu Prasad, two other convicted MPs face disqualification if ordinance is not promulgated

Three convicted MPs, including RJD chief Lalu Prasad, are all set to face disqualification if the government fails to promulgate the ordinance to legalise Section 8 (4) of the Representation of the People Act, 1951, that was declaredultra vires by the Supreme Court on July 10.

While Janata Dal (United) MP from Jahanabad (Bihar) Jagadish Sharma too was convicted in the fodder scam on Monday by the Special CBI court in Ranchi, along with Mr. Prasad (elected from Chapra in Bihar), Rajya Sabha member from Uttar Pradesh Rasheed Masood (Congress) was convicted under the Prevention of Corruption Act (PC Act) and other IPC Sections on September 20 here by another Special CBI court. Interestingly, Mr. Masood, who was in the Samajwadi Party earlier, was the candidate for the vice-presidential poll in 2007 representing the then United National Progressive Alliance.

Though the quantum of sentence for the three MPs is yet to be announced (sentence for Mr. Masood to be announced on Tuesday), informed sources said since they had been convicted under the PC Act, they could be straightaway disqualified irrespective of the quantum of sentence, as per the Supreme Court order.

In case the ordinance is promulgated, despite reservations expressed by Congress vice-president Rahul Gandhi, Mr. Prasad and Mr. Sharma can hold the Lok Sabha membership until they continue to be members of the present House, and for Mr. Masood till 2016 (when he will complete his term) as the Upper House is a continuous body. However, all the three MPs, unless acquitted by the appeal court, cannot contest polls for six years from the date of release from their prison term (if they are sentenced to imprisonment). i.e., they will enjoy protection under Section 8 (4) of the RP Act only till their current parliament membership expired.

If no ordinance is issued, then the respective head of the Houses — Lok Sabha Speaker and Rajya Sabha Deputy Chairman — upon receiving the certified copies of the verdict, can issue an order announcing their disqualification and declare their seats vacant.

The former Lok Sabha Secretary-General and constitutional expert, P.D.T. Achary, did not see anything wrong in the parliamentarians/legislators enjoying certain privileges in the interests of the country as the Supreme Court itself had allowed “class legislations” or special dispensation for a particular set of people in so many cases.

He recalled that a Constitution Bench of the Supreme Court had observed: “Section 8 (4) of the RP Act is an exception. Once elections have been held and a House has come into existence, it may be that a member is convicted and sentenced. Such a situation needs to be dealt with on a different footing. Here the stress is not merely on the right of an individual to contest an election or to continue as a member of a House, but the very existence and continuity of a House democratically constituted.”

Mr. Achary felt experts would not have failed to examine the repercussions before bringing the Bill to amend the RP Act, 1951, relating to Section 8 (4), when it was approved by Parliament on March 15, 1989.

Lalu Prasad, 44 others convicted in fodder scam case

Sentencing on October 3; he may face 3 to 7 years jail; seven get provisional bail

A special CBI court in Ranchi pronounced all 45 accused, including Rashtriya Janata Dal (RJD) leader and Member of Parliament Lalu Prasad, guilty in the Chaibasa treasury case in the Rs. 950 crore-fodder scam. The Chaibasa treasury case that relates to the withdrawal of Rs. 37 crore is one of six fodder scam cases in which Mr. Prasad is an accused and the first in which a verdict has been pronounced. Mr. Prasad may now face an imprisonment of minimum three and maximum seven years when the sentence is announced on October 3.

At 11 a.m. on Monday, when the CBI judge Pravas Kumar Singh pronounced all 45 accused guilty, 34 of the accused including Mr. Prasad and former Chief Minister Jagannath Mishra were sent to Hotwar jail. Four of the accused are in hospital undergoing treatment. Seven other accused including former animal husbandry minister Vidya Sagar Nishad, former MLA Dhruv Bhagat, two IAS officers and three suppliers, who are expected to be sentenced to less than three years, got provisional bail on Monday afternoon.

Former animal husbandry minister Vidya Sagar Nishad was one of the first to arrive in court today followed by Jagannath Mishra. “Even Lord Harishchandra, reknowned for his truthfulness, had to face a trial. I am hopeful of justice,” said Mr. Nishad before entering the court.

Mr. Prasad who had arrived in Ranchi on Sunday afternoon from Patna declined to comment. On Monday morning too, he did not make any comment before entering the courtroom. More than 200 RJD supporters and leaders including RJD MPs Raghuvansh Prasad Singh and Prabhunath Singh, who had arrived from Patna, waited at the court for the verdict. “The timing of the verdict is unfortunate. Since the court will remain closed from October 5 to 25, we will not even be able to appeal for bail for our leader Mr. Prasad,” said an RJD general secretary while waiting at the court.

Earlier, during the arguments, the defence lawyers had argued that the accused had not registered a case against the irregularities as the government had no knowledge about them. The CBI counsel B. M. P. Singh had pointed out that the State government had failed to register a case till 1996 even after the then Deputy Accountant General had written to the government in 1990 pointing out irregularities in transportation and procurement processes in the animal husbandry department. The CBI counsel had argued that the government under Mr. Prasad resorted to forming enquiry committees in the Legislative Assembly instead of an investigation by the police till the Patna High Court ordered a CBI enquiry in 1996.

Of 64 cases in the 1996-fodder scam, 53 were litigated in Ranchi and trials have been completed in 45 cases so far. “There is no street in Ranchi where we have not attached property bought from funds from the fodder scam,” said a senior official who is part of the investigation team.

Meanwhile, the prosecution is expected to finish examining witnesses by November in another case related to the fraudulent withdrawal of Rs. 96 lakh from Deoghar treasury.

Delhi gangrape: HC issues production warrant to convicts

The Delhi High Court on Monday issued production warrants for Tuesday to four death row convicts in the December 16 gangrape and murder case on the trial court’s reference for confirmation of the capital punishment given to them.

A bench of justices Reva Khetrapal and Pratibha Rani directed Tihar Jail authorities to produce Mukesh (26), Akshay Thakur (28), Pawan Gupta (19) and Vinay Sharma (20), before it tomorrow.

The order came on the submission of Dayan Krishnan, who has been re-appointed as Special Public Prosecutor (SPP) by the Delhi Police in the case, that this court can direct production of the convicts to know whether they are going to file an appeal against the trial court’s judgement convicting and sentencing them in the case.

The prosecutor made his submission while answering a query of the bench as to how soon the court can hear the matter at length.

The court also asked the High Court registry to prepare paper books for the parties in the matter.

On September 13 while awarding capital punishment to Mukesh, Akshay, Pawan and Vinay, Additional Sessions Judge Yogesh Khanna had referred the case to the High Court for confirmation of the sentence.

The trial court has to refer each death penalty case to the High Court for confirmation of the punishment.

The trial court had also granted 30 days time to the convicts to file their appeal before the High Court.

The four convicts were awarded death sentence in the brutal gangrape case by the sessions court which said it fell in the rarest of rare category as the crime was committed against a 23-year-old “defenceless” girl in a “beastly” and “hair-raising” manner.

“Accordingly, the convicts be hanged by neck till they are dead,” the trial court had said after noting that the inhuman and ghastly acts of the convicts shocked the collective conscience of the nation and deserves exemplary punishment.

Waheed ticks off India, obliquely

Maldivian President Mohamed Waheed cautioned foreign governments against issuing “irresponsible statements,” and asserted here on Wednesday that “the Maldives is capable of managing the dispute over the conduct of the first round of Presidential Elections.”

In a statement here, which obliquely attacked India, he demanded that “foreign governments, the United Nations, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

India and the Commonwealth had come out with strong statements against the decision to postpone the second round of Presidential elections, in which Maldivian Democratic Party leader Mohamed Nasheed is pitted against Progressive Party of Maldives leader Yaameen Abdulla. Dr.Waheed has already promised support to Yaameen.

“Irresponsible statements by foreign governments and international organisations would not be helpful in consolidating democracy in the country,” he said. “The Maldives is a nascent democracy. Still, our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance. Similarly, the people of the Maldives have also shown that they do accept the legitimacy of such decisions,” he added.

Meanwhile in a statement, the Maldives Foreign Ministry said that the Supreme Court, in its ruling highlighted the ongoing proceedings regarding alleged discrepancies in the election process, issues raised about the credibility of the electoral list and request for postponement of the Presidential runoff till there is a verdict on the case.

“The court injunction is aimed at finding time for the court to complete its hearings on the case.

“However, the Government is keen that there is an early resolution of the case and a date for the second round of Election is issued by the concerned authorities. The Government also urges all political parties to maintain peace and calm in the country and refrain from inciting any form of violence aimed at disrupting public order,” it added.

Greenwald working on new NSA revelations

Two American journalists known for their investigations of the United States’ government said on Saturday they’ve teamed up to report on the National Security Agency’s role in what one called a “U.S. assassination programme.”

The journalists provided no evidence of the purported U.S. programme at the news conference, nor details of who it targeted.

Jeremy Scahill, a contributor to The Nation magazine and the New York Timesbest-selling author of “Dirty Wars,” said he will be working with Glenn Greenwald, the Rio-based journalist who has written stories about U.S. surveillance programmes based on documents leaked by former NSA contractor Edward Snowden.

“The connections between war and surveillance are clear. I don’t want to give too much away but Glenn and I are working on a project right now that has at its centre how the National Security Agency plays a significant, central role in the U.S. assassination programme,” said Mr. Scahill, speaking to moviegoers in Rio de Janeiro, where the documentary based on his book made its Latin American debut at the Rio Film Festival.

“There are so many stories that are yet to be published that we hope will produce ‘actionable intelligence,’ or information that ordinary citizens across the world can use to try to fight for change, to try to confront those in power,” said Mr. Scahill.

“Dirty Wars” the film, directed by Richard Rowley, traces Mr. Scahill’s investigations into the Joint Special Operations Command, or JSOC. The movie, which won a prize for cinematography at the Sundance Film Festival, follows Mr. Scahill as he hop scotches around the globe, from Afghanistan to Yemen to Somalia, talking to the families of people killed in the U.S. strikes.

Neither Mr. Scahill nor Greenwald, who also appeared at the film festival’s question and answer panel, provided many details about their joint project.

Greenwald has been making waves since the first in a series of stories on the NSA spying programme appeared in Britain’s Guardian newspaper in June. Last week, Brazilian President Dilma Rousseff postponed a scheduled state dinner with Mr. Obama after television reports to which Mr. Greenwald had contributed revealed that American spy programmes had aggressively targeted the Brazilian government and private citizens.

Ms. Rousseff railed against the U.S. surveillance during her address to the United Nations General Assembly earlier this week.

Both Mr. Scahill and Mr. Greenwald applauded Ms. Rousseff’s reactions to the revelations, but they warned that U.S. spying could be replaced espionage by another government if care isn’t taken.

“The really important thing to realize is the desire for surveillance is not a uniquely American attribute,” said Greenwald. “America has just devoted way more money and way more resources than anyone else to spying on the world.

Lalu’s conviction a ‘defining moment’ in Indian politics, says BJP

The Bharatiya Janata Party (BJP) is thrilled that its move to block the passage of the bill to nullify the Supreme Court verdict on disqualification of convicted legislators, has gone according to the script with the conviction of the former Bihar Chief Minister Lalu Prasad paving the way for his possible disqualification.

At the all party meeting convened by the government before the commencement of the monsoon session of Parliament, the BJP among several other parties had agreed to the passage of the bill to overturn the apex court’s judgement.

The near consensus on the bill was on the understanding that the subject was entirely the jurisdiction of elected bodies and not that of courts. The BJP took the Parliamentary managers of the United Progressive Alliance (UPA) by surprise by insisting in the last minute, when the bill was put up in the Rajya Sabha for consideration and passage, that it should be referred to a Parliamentary standing committee.

According to BJP insiders, it was a tactical move on the part of its leaders to delay the passage of the bill hoping that the former Bihar Chief Minister would be convicted in the fodder case leading to his disqualification as a member of the Rajya Sabha.

The strategy fits into the party’s calculation that with Mr. Prasad behind bars, his vote base particularly from Yadavs would be eroded and the BJP would be the beneficiary.

When the government approved the draft ordinance to give immediate effect to the bill, a high level BJP delegation called on resident Pranab Mukherjee asking him not to give his assent.

Hours after the verdict Leader of the Opposition (Rajya Sabha) Arun Jaitley claimed in a written note ‘Lalu’s Conviction- A defining moment for Indian Politics’ that the verdict convicting so many big leaders is an assurance for probity in our polity.

‘UPA shielded Lalu’

He argued that the UPA government shielded Mr. Prasad for several years as his party balanced the UPA in its pursuit of coalition politics.

“He had a vested interest in supporting the UPA. Besides being in power he could manage to manipulate the CBI which was prosecuting his case to sabotage the prosecution. In the year 2004, the first major attack on the UPA government was on the issue of seven tainted ministers being a part of the Council of Ministers. Prime Minister Manmohan Singh defended the tainted,” Mr. Jaitley said.

‘Lalu foremost among the tainted’

He charged that Mr. Prasad was the foremost among the tainted who were being prosecuted adding that some of his cases were successfully killed by the prosecution itself. “One can manage the system on some occasions. It is not possible to manage all the people all the time. There are some men of integrity in every institution. There are many in the judiciary who still cannot be bent. The accused were uncomfortable with the presiding judge, efforts to get him changed failed. The prosecutor was changed but the Supreme Court intervened and prevented that from happening and finally a historic verdict holding the 45 people guilty,” Mr. Jaitley said.

On the controversial draft ordinance approved by the government, which is pending before Parliament and most probably would be withdrawn after Dr. Singh’s returns from hi U.S.A. tour, Mr. Jaitley said, “Today we have all understood why this Ordinance was brought. Its only object was to help a loyal UPA ally who was likely to be convicted. In the end justice has prevailed. Be you ever so high the law is above you.”

JPC approves draft report on 2G scam

The government on Friday managed to have its way in the Joint Parliamentary Committee on 2G spectrum scandal when the panel approved the draft report giving a clean chit to Prime Minister Manmohan Singh and Finance Minister P. Chidambaram with a 16-11 vote in its favour.

Outside allies BSP (2) and SP (one), voted with 14 others of the ruling coalition to approve the report that accused former Telecom Minister A. Raja of “misleading” the Prime Minister and “belying” the assurances given to him.

JPC chairman P.C. Chacko told reporters after the meeting that all those who voted against the draft report would be given 15 days to file their dissent report.

Of the total 30 members in the committee, three members, including one from the BJP, were absent. Of the 27 present, the ruling side got the votes of Congress (11), NCP (one), BSP (2), SP (1) and Nominated member Ashok Ganguly.

Attacking the outcome, BJP leader and member of the committee Yashwant Sinha said a contrived majority has been “unashamedly” used to adopt a report based on “wrong facts, falsehood and prejudicial” findings without the consideration of the committee.

The opposition votes were made up of the BJP’s 5 and one each of the BJD, the TMC, the CPI, the CPI (M), the AIADMK and the DMK.

The draft report of the JPC also rubbishes the loss figure of Rs. 1.76 lakh crore estimated by CAG, saying it was “ill-conceived”.

The report, which was circulated among members in April also accuses Mr. Raja of forging the press note of January 7, 2008 after it was seen by the then Solicitor-General G.E. Vahanvati.

“The committee wishes to point out that the procedure regarding the First-Come-First-Served (FCFS) criteria was a “misrepresentation of facts and in tactic deviation from the existing procedure,” it says.

Oops! Jennifer Aniston forgets innerwear

New York: Actress Jennifer Aniston was spotted moving around freely on the sets of her upcoming film ‘Squirrels to the Nuts’, without her brassiere.

The 44-year-old was seen sporting a short brown wig for her role as a therapist in the film, reports thesun.co.uk.

But perhaps during a break from a shot, she was seen strolling around in a pair of shorts, a casual t-shirt and sans the innerwear.

Later, she got into a little black dress, and she teamed it up with flip flops on the sets here.

The actress was then joined on set by co-star Owen Wilson. 

"Squirrels to the Nuts" is about a married Broadway director who falls for a prostitute-turned-actress and works to help her advance her career.

Amit Shah tape case: CBI questions Prakash Javadekar

New Delhi: CBI on Friday questioned BJP Rajya Sabha MPs Prakash Javadekar and Bhupendra Yadav in connection with a video tape in which they were allegedly seen discussing ways to weaken case against Narendra Modi's aide Amit Shah by influencing the mother of a victim of an alleged fake encounter in Gujarat.

CBI sources said Singh was quizzed early this morning, while Javadekar arrived at 1.45 PM at the agency headquarters for questioning. 

"I believe in the legal processes. CBI has called me today so I have appeared here," Javadekar told reporters. 

CBI has also summoned party general secretary Ramlal who also figured in the sting operation relating to the Tulsiram Prajapati alleged fake encounter case conducted by an independent journalist . 

The three leaders had refuted the charge and maintained that they are innocent. 

In the sting operation, the leaders are purportedly shown discussing how Prajapati's mother Narmadabai can be convinced to change her Vakalatnama. 

She has filed a case alleging her son was killed in a fake encounter in which BJP general secretary Amit Shah is an accused. 

However, BJP has claimed there is nothing "incriminating" against the three leaders in the sting operation. 

Prajapati, who was allegedly a witness to Sohrabuddin Sheikh's murder, was killed on December 2006--a year after Sheikh was shot dead in an alleged fake encounter in Gujarat. 

The journalist, who conducted the sting operation, had alleged that senior BJP leaders managed to get undated blank 'Vakalatnamas' from Narmadabai to allegedly subvert the judicial proceedings. 

'Right to reject': Great step towards future electoral reforms, says Narendra Modi

New Delhi: The Bharatiya Janata Party's PM nominee on Friday hailed the Supreme Court's order that voters now have a right to reject all candidates contesting polls in a constituency by pressing a button for negative vote. 

"I welcome SC's decision on 'Right to Reject' - a great step making our democracy vibrant & participative," the Gujarat chief minister wrote in his official twitter blog.

In a path-breaking judgement, the Supreme Court today held that voters have a right to reject all candidates contesting polls in a constituency by pressing a button for negative vote, saying this would compel political parties to field "sound" candidates who are known for their integrity. 

While welcoming the SC's move, Modi wrote, "I wholeheartedly welcome this. I am sure it will have a long lasting impact on our polity and will be a great step in the direction of further electoral reforms that can make our democracy even more vibrant and participative." 

"Compulsory voting too, has several advantages that can make our democracy stronger. It will even mitigate fears about elections becoming display of money power," BJP's prime ministerial candidate, said. 

Modi said by bringing in compulsory voting, mindless and extravagant expenditure on elections would be checked as the voters will anyway have to come to the polling booth and exercise their franchise. 

The BJP leader said electoral reforms like the right to reject or compulsory voting would not violate the right to freedom of expression but "add completeness in the opportunity for expression". 

"Right now, you are getting only half the right of expression- that of selecting the person or party. In future, you will get a complete right of expression- of even rejecting the candidates," Modi said. 

"It is not that something is being snatched from the voters. If compulsory schooling for children is advocated, can you say that we are denying a child his or her childhood?" Modi asked. 

"We introduced a bill on compulsory voting, which even included the Right to Reject but Congress Party opposed it tooth and nail. The bill was passed twice (in the state assembly), in 2008 and in 2009, but it was then withheld by the Honourable Governor (Kamla Beniwal)," Modi said. 

Modi also invoked Mahatma Gandhi to push for compulsory voting. 

"Once someone asked Mahatma Gandhi what are the fundamental rights of the people? Gandhi ji said that it is not about the fundamental right but the fundamental duties of the people. When we do our duties properly, the rights will be automatically safeguarded and if we do our duties properly, our democracy will be safeguarded," Modi said quoting Gandhi. 

Speaking about the Supreme Court verdict delivered today Modi said, "For a very long time I have called for a provision for a right to reject in elections. Without it, there was something lacking in the system. Right now, if there are ten candidates contesting from a seat, we are compelling the voters to choose from those ten candidates. This judgment will empower the voters to express their anger and reject all of them". 

"Many friends in some political parties are skeptical of having a Right to Reject in forthcoming elections. However, I am not surprised," he said. 

Modi in his blog also requested young voters to get themselves registered. "While it is good to talk about Right to Reject and Compulsory Voting, this debate will be meaningless if you are not registered as voters! I am told that a large number of youngsters who are 18 to 24 years old are not registered as voters. There is nothing more unfortunate than this." he said. 

With PTI inputs