CMYK THURSDAY www.thestatesman.com 12 APRIL 2018 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 20 |` 5.00|LC* KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P10 SENSEX 33,940.44 +60.19 WEATHER Partly cloudy sky with rain or thundershower. Max and min temp likely to be around 34 degree cels and 23 deg cels, res RAINFALL: 1 mm (till 8.30 p.m.) RELATIVE HUMIDITY Max.90% Min. 51% Max: 34.0°C (-2) SUN RISES 05:19 hrs MOON RISES 02.54 hrs Min: 25.1°C (0) SUN SETS 17:56 hrs MOON SETS 14:35 hrs TEMPERATURE Third moon quarter on 11 April THUMBNAILS Mandeep Singh (2L) of India celebrates with his teammates after scoring a goal during the men's field hockey match between India and England at the 2018 Gold Coast Commonwealth Games on Wednesday. AFP 4 civilians killed in J&K encounter: Three militants cornered by security forces escaped after a prolonged fire-fight in Kashmir's Kulgam district even as a jawan was killed in action while four civilians lost their lives in the crossfire, officials said. Intelligence reports hinted at the presence of three local militants owing allegiance to LeT at a house in the area. India dominate the range and the ring in CWG: India dominated the range and the ring as Shreyasi Singh's double trap gold shored up the medal tally while the men's boxing contingent made the semifinals to be assured of podium finishes in an unprecedented performance on day 7 of the Games. In the medal tally, India held on the third position with 12 gold, four silver and eight bronze medals. MUCH AT STAKE FOR INDIA IN BANGLADESH POLL THAW IN THE FROST ‘MISSILES WILL BE COMING OVER SYRIA ATTACK’ P6 NIFTY 10,417.15 +14.90 P7 ` vs $ 65.31 -32 PAISE GOLD 29,910.00 +330.00 SC irked at SEC recall of order on nomination Asks Bengal BJP to raise its grievances before High Court, hearing today STATESMAN NEWS SERVICE NEW DELHI, 11 APRIL he controversial order of the state election commission yesterday cancelling its own directive the night before extending the last date of filing nominations for the three-phase Bengal rural poll beginning 1 May today caused ire to a Division Bench of the Supreme Court which asked the state unit of the BJP to approach Calcutta High Court with its grievances and raise its pleas before it tomorrow. The apex court was irked over the SEC not respecting its direction to consider the grievances of the BJP and other parties over the panchayat polls and recalling its notification extending the deadline for filing of nomination papers. When the Division Bench of Justices R K Agrawal and A M Sapre was dictating its order, senior advocate Dushyant Dave, appearing for the state poll panel, said it might also record in the order that Calcutta High Court should not draw any inference from it. To this, the Bench asked : “Why should we record that in the order? It is now up to the Calcutta High Court to look into the matter”. Dave replied : “Your order carries weight and therefore the court may record that no inference should be drawn from it”. “Had our order carried such weight, the State Election Commission would not have recalled its order Bandh tomorrow KOLKATA, 11 APRIL T for extending the deadline,” the Bench said. In its order, the Bench said the Calcutta High Court was already seized of the matter and had passed an order yesterday staying the SEC's order cancelling the directive on extension of the deadline. “As the matter is pending consideration before the Calcutta High Court, liberty is granted to the parties to approach the Calcutta High Court to raise all such pleas which are available to them,” it said and asked the High Court to decide the matter expeditiously in accordance with the law. During the hearing, senior advocate P S Patwalia, appearing for the state BJP, submitted the SEC had been pressurised to withdraw its order yesterday for extension of deadline for filing nominations. “Even before the SEC recalled its order for filing of nomination papers, ruling Trinmul leaders had declared that they have won 150 seats in panchayat polls unopposed. Police teams were sent to the house of State Election Commissioner and he was made to switch on his cell phone,” Patwalia said, narrating the sequence of events. Patwalia said the ruling dispensation was the “oppressor” and was not allowing candidates of other parties to file nomination papers. He said the court should give one extra day for filing of nomination papers for the panchayat polls.Senior advocate Amrendra Sharan, appearing for West Bengal government, said the top court shouldn’t entertain this interlocutory application as on a similar petition, Calcutta High Court had passed the order. The Division Bench asked BJP to approach the High Court and disposed of its plea. The West Bengal BJP unit had moved the apex court, hours after the state poll panel suddenly recalled its decision extending the last date for filing of nominations. The apex court had on April 9 asked the SEC to “ensure fair and free” panchayat poll in the state and take appropriate steps to allay the apprehensions of the BJP or other candidates of not being allowed to contest the elections. On the other, hand, Justice Subrata Talukdar of Calcutta High Court today directed the Trinamul MP Kalyan Bandopadhyay to move an application The Left Front today gave a call for a six-hour Bangla Bandh from 6 am on April 13 to protest the “throttling of people's rights” during filing of nominations for rural polls. tomorrow for vacating yesterday's interim order of this court staying SEC order. Bandopadhyay was further directed to serve a notice to BJP state secretary, Pratap Banerjee who had moved a petition in person yesterday against the SEC notification but was not present in court during the day. The BJP secretary had suppressed the fact before the court that a similar matter had been filed before the Supreme Court, Bandopadhyay submitted. How can a similar matter be mentioned before the High Court, seeking redressal for the same matter before two fora, he asked.The prayers are different but there has been concealment of facts, Justice Talukdar observed.“It is strange that the petitioner should stay away from court,” Justice Talukdar observed. BJP state secretary Pratap Banerjee said the Trinamul advocate was distorting facts. He couldn’t attend the court earlier in the day as the notice was served only after 4 p.m.We will attend the court tomorrow, he added. CJI 1st among equals, has Rape victim alleges confinement power to allocate cases: SC by Unnao officials; not given water SNS & PTI SNS & PTI NEW DELHI, 11 APRIL LUCKNOW, 11 APRIL The Chief Justice of India is the “first among equals” and occupies a unique position having the “exclusive prerogative” to allocate cases and set up benches to hear cases, the Supreme Court ruled today.The verdict assumed significance as it came in the backdrop of the January 12 unprecedented press conference of seniormost judges including Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph raising the issue of improper allocation of cases. Significantly, senior advocate and former law minister Shanti Bhushan has also Amid an outcry over the Unnao rape case, the 18-yearold victim, who had tried to immolate herself outside the chief minister’s house a day before her 50-year-old father died in police custody on Monday, alleged confinement by the local authorities. She alleged that she has been confined to a hotel room by the district administration, leaving her “without a phone or water and guards at every corner”. She also accused the MLA's brother and their henchmen of killing her elder uncle earlier. “I want justice, why are they putting pressure on me for an apology? Do they recently filed a PIL seeking clarification on the administrative authority of the CJI as the 'master of roster' and laying down of principles. “In his capacity as a Judge, the CJI is primus inter pares: the first among equals. In the discharge of his other functions, the CJI occupies a position which is sui generis (unique)...Article 146 reaffirms the position of the CJI as the head of the institution. want my (another) uncle to be killed too? The Congress used the case to hit out at the BJP government with party president Rahul Gandhi wondering if Prime Minister Narendra Modi would observe a fast on the alleged rape and death of the complainant's father in custody, which he said “has shamed humanity”. Allahabad High Court sought to know the Yogi Adityanath-led government's stand on the incident, while posting the matter for hearing tomorrow. A purported video of the rape survivor's father before his death went viral and was shown by TV channels, in which he alleged he was beaten up by the MLA's brother and others. SC to hear CBI probe plea NEW DELHI, 11 APRIL The Supreme Court will hear next week here a plea for CBI probe into the Unnao gangrape case allegedly involving a BJP lawmaker from UP The . bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it would hear the plea which has also alleged that the rape victim's father was tortured and killed in the PTI police custody. SC questions govt on Aadhaar efficacy PRESS TRUST OF INDIA NEW DELHI, 11 APRIL How can Aadhaar curb the menace of money laundering which poses a threat to the economy, the Supreme Court asked the Centre today. A five judge Constitution Bench headed by Chief Justice Dipak Misra, hearing petitions challenging the validity of Aadhaar and its enabling 2016 law for the 27th day, posed the question after it was told by the Unique Identification Authority of India (UIDAI) that the menace of hawala transactions and money laundering was a global concern and the 12-digit unique identifier would help in curbing them. The government also claimed that the authorities have been able to unearth Rs 33,000 crore, which was earlier not taxed, through the “vol- untary seeding” of Aadhaar with PAN cards and the amount may rise “exponentially” if this linking is made mandatory. It also submitted that linking Aadhaar number with PAN would prevent income tax evasion, circulation and use of black money, besides the practice will also eliminate duplication of PAN numbers, which are used for the purpose of tax evasion. In response, the bench, which also comprised justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said “there is no doubt that money laundering is a problem. The only question that needs to be answered is how will Aadhaar prevent money laundering.” Additional Solicitor General Tushar Mehta, appearing for UIDAI, said that seeding of Aadhaar with PAN card and bank accounts and other facilities would help authorities in effective- ly dealing with the global threat of money laundering. He said now the banks are mandated to verify the identity of their customers and the Prevention of Money Laundering Act (PMLA) is no more a “toothless law” after it has been strengthened. The PMLA has become stringent since 2013 and the amended rules under PMLA mandate provision of Aadhaar number to open a bank account, he said. “If there is an overwhelming public interest, then there is no need to apply the 'least intrusive' test to test the validity of the (Aadhaar) law. (In that case) legitimate state interest is enough and there was no need to prove compelling state interest,” he said. At the outset, the law officer referred to the apex court judgment in the Binoy Viswam case which had allowed the Centre to link Aadhaar with MESSI FADE-OUT MARKS ROMA MIRACLE PLAY PAN cards. “The challenge to section 139 AA of the Income Tax Act was examined by this court. Apart from right to privacy, all other aspects were considered,” he said, adding that the privacy judgement had also affirmed that the right to privacy was not absolute. Restrictions could be imposed as was done in the case of fundamental right to life under Article 21. It has already been proved that Aadhaar linking with PAN will help curb money laundering and black money and prevent tax evasion, he said, adding that this question was not open to challenge any more as it has already been decided in the Binoy Viswam case. “Only the challenge to Article 21 is open with respect to Aadhaar. All the other aspects have already been dealt with in the Binoy Viswam case,” he said. CMYK P11 SILVER 38,900.00 +300.00 Cauvery stir: Chennai may lose IPL venue NEW DELHI, 11 APRIL BCCI has short-listed four cities to host Chennai Super King's home matches after the IPL franchise was told to consider shifting base due to the Cauvery water dispute, which has created a volatile political situation in the state, CoA chief Vinod Rai said. According to IPL sources, Visakhapatnam is front-runner from among the four cities, the other three being Trivandrum, Pune and Rajkot. There were already calls by various groups not to host cricket matches in the city when the state was facing such a grave situation. Massive protests were witnessed yesterday ahead of the match between CSK and Kolkata Knight Riders and an identified protestor flung a shoe at CSK's Ravindra Jadeja during the match. Committee of Administrator (CoA) Vinod Rai confirmed that the prevailing situation has forced them to explore options. A Tamil outfit today threatened to let loose snakes into the Chepauk stadium here to protest over the Cauvery issue if another match of the cricket league is held at the venue. The snakes will not be poisonous as the intention is not to harm anybody, but to only express angst over the delay in formation of the Cauvery Management Board (CMB), Tamizhaga Vazhvurimai Katchi (TVK) chief T Velmurugan said. PTI BRENT CRUDE (IN $) 71.66 +0.62 Military plane crashes in Algeria, 257 killed THE INDEPENDENT AND AGENCIES BOUFARIK (ALGERIA), 11 APRIL An Algerian military plane crashed and caught fire today killing 257 people, mostly army personnel and members of their families, officials said. An AFP photographer at the scene saw the charred wreckage of the plane in a field near the Boufarik airbase from where the plane had taken off. Hundreds of ambulances and dozens of fire trucks with their sirens wailing rushed to the scene of the crash about 25 kilometres southwest of Algiers. The defence ministry said in a statement that 247 passengers and 10 crew were killed without mentioning any survivors. Deputy Defence Minister General Ahmed Gaid Salah visited the site and ordered an investigation into the circumstances of the crash, the defence ministry said. The Ilyushin II-76 transport plane was bound for Tindouf in southwest Algeria. Algeria has suffered a string of military and civilian aviation disasters. Two military planes collided mid-flight in Decem- ber 2012 during a training exercise in Tlemcen, in the far west of the country, killing the pilots of both planes. In February 2014, 77 people died when a military plane carrying army personnel and family members crashed between Tamanrasset in southern Algeria and the eastern city of Constantine. Only one person survived after the C-130 Hercules transport aircraft came down in the mountainous Oum El Bouaghi region. The defence ministry blamed that crash on bad weather. An Air Algerie passenger plane flying from Burkina Faso to Algiers crashed in northern Mali in July 2014, killing all 116 people on board including 54 French nationals. In October the same year, a military plane crashed in the south of the country during a training exercise, killing the two men on board. That came more than a decade after all but one of the 103 people on an Air Algerie Boeing 737-200 died in March 2003 when it crashed on takeoff in the country's south after an engine caught fire.
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