THURSDAY www.thestatesman.com 12 APRIL 2018 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16+4 |` 3|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P6 SENSEX 33,940.44 +60.19 WEATHER Generally cloudy sky. Light rain/thundershower to occur towards afternoon/evening. The maximum and minimum temperatures would be around 34 and 23 degrees Celsius respectively. Max: 33.4°C (-3) SUN RISES 05:58 hrs MOON RISES 04.24 hrs NIFTY 10,417.15 +14.90 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 Common(P 16) wealth 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 alleP5 giance to LeT at a house in the area. India to grow 7.3 pc this fiscal, says ADB report: India's economic growth will rise to 7.3 per cent this fiscal and further to 7.6 per cent in the next financial year, retaining the fastest-growing Asian economy tag, on back of GST and banking reforms. In its Asian Development Outlook (ADO), 2018, Manilabased ADB said, "risks to trade are high" and retaliatory actions could dent growth in the P 11 Asian region going forward. HC seeks Yogi govt's stand; victim alleges confinement A mid growing outrage over the alleged gangrape of a teenaged girl by a ruling BJP's MLA Kuldeep Singh Sengar and his associates in Uttar Pradesh's Unnao ~ and the recent custodial death of the rape survivor's father after he was brutaly assaulted allegedly by Sengar's brother Atul and their aides ~ the Supreme Court on Wednesday said it will hear next week a petition seeking a CBI probe into the chilling Unnao case. The public interest petition has also sought protection and compensation to the Unnao victim's kin, as was reportedly provided in the 2012 Nirbhaya gangrape case in Delhi. A Bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice 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 police custody at the behest of the "ruling party" in UP. The PIL, filed by advocate Manohar Lal Sharma, sought the apex court's direction to the CBI to probe the alleged kidnapping and rape of the Unnao girl in June 2017 allegedly by the BJP MLA and his brother and associates and her father's custodial death through torture on 9 April. Highlighting that since the police complaint had SNS & PTI LUCKNOW, 11 APRIL allegedly not mentioned the name of the legislator "under political pressure" and that the state police would not carry out a "fair investigation under compulsion", the petitioner said the case should be handed over to the CBI for an independent investigation. Referring to the victim's statements, the petition also alleged that the sitting BJP MLA Kuldeep Singh Sengar from Bangarmau constituency in Unnao district was the main accused in the gangrape case as well as the 9 April custodial death of her father following their protests against the legislator and his brother for allegedly raping her. Meanwhile, in a statement on the Unnao matter, Amnesty International India's Asmita Basu reportedly said, "The reported failure of the Uttar Pradesh police to register an FIR against the accused, the harassment faced by the survivor and her family, and the death of her father in custody paint a chilling picture." Amid an outcry over the Unnao rape case, the teenaged victim, who had tried to immolate herself outside the chief minister’s house a day before her 50year-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 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 She also demanded an immediate, independent and impartial investigation into these violations and said the authorities must take all steps to ensure that the survivor and her family are protected from any further harassment. The National Human Rights Commission CJI first among equals, has power to allocate cases: SC STATESMAN NEWS SERVICE NEW DELHI, 11 APRIL The Supreme Court on Wednesday said the Chief Justice of India (CJI) is the "first among equals" and has the constitutional authority to decide the allocation of cases and setting up of benches to hear them. The apex court made the observation while dismissing a public interest litigation (PIL) seeking framing of guidelines for rational and transparent allocation of cases and constitution of benches to hear them. Dismissing the PIL filed by advocate Ashok Pande stating that the CJI must consult the two senior-most judges of the apex court to allocate work, a bench of CJI Dipak GOLD 29,910.00 +330.00 Unnao outrage: SC to hear plea next week NEW DELHI, 11 APRIL Min: 23.6°C (+3) SUN SETS 18:45hrs MOON SETS 15:16 hrs Misra and Justices AM Khanwilkar and DY Chandrachud said the CJI has been entrusted with the power to constitute benches and allocate them work, by virtue of being at the helm of affairs of the SC, as determined by the Constitution. Writing the judgment for the bench, Justice Chandrachud said "the Chief Justice of India is first among equals and has the authority to decide allocation of cases and setting up of benches". Since the CJI is a high constitutional functionary, there cannot be "any distrust about the responsibilities he discharges" to ensure that the SC carries out the work required under the Constitution, the order reportedly said. The now-dismissed PIL was filed in the context of a press conference in January by four senior apex court judges, who aired their grievances against CJI Dipak Misra, alleging irregularities within the apex court and hitting out at his assignment of cases. Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph had raised various grievances, including the distribution of important cases, and selective assignments of important cases based on preference, instead of rationality. Months before the press conference, the four judges wrote to the CJI, airing their grievances about selective assigning of important cases to judges who are junior to them. They also referred to the allocation of the case regarding the "mysterious death" of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case. "The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority," they had said in the letter. "The CJI is only the first among equals nothing more and nothing less", they had added. 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 byTV channels, in which he alleged he was beaten up by the MLA's brother and others. Meanwhile, the Allahabad High Court Wednesday sought the Uttar Pradesh government's stand on the Unnao gangrape case and details of action taken. A bench of Chief Justice D B Bhosale and Justice Suneet Kumar, taking cognisance of the gangrape case on a letter to the court by senior lawyer Gopal Swaroop Chaturvedi detailing the incident, slated the matter for next hearing on Thursday. SEE ALSO PAGE 5 (NHRC) had on Tuesday reportedly issued a notice to the Uttar Pradesh government and the state police chief, seeking a detailed report on the Unnao case and asking the authorities to ensure that "the aggrieved family is not subjected to further harassment". Map excludes J&K at Health Ministry event NEW DELHI, 11 APRIL In a faux pas, Jammu and Kashmir was excluded from the Indian map at an event organised by the Health Ministry on Wednesday. The map showed Jammu and Kashmir as distinct from other parts of India and Aksai Chin as part of China. The erroneous map was circulated by an organisation supported by theWorld Health Organisation (WHO). Aksai Chin is a disputed border area between China and India. It is administered by China as part of Hotan County but is also claimed by India as a part of the Ladakh region of Jammu IANS and Kashmir. 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 on Wednesday. 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 BinoyViswam case which had allowed the Centre to link Aadhaar with SHREYASI'S GOLD EXTENDS INDIA'S DOMINATION P12 ` vs $ 65.31 -32 PAISE STATESMAN NEWS SERVICE Min. 37% TEMPERATURE P10 PIL seeks CBI probe into UP girl's 'gangrape' & her father's custodial death RAINFALL: Trace RELATIVE HUMIDITY Max.67% ‘MISSILES WILL BE COMING OVER SYRIA ATTACK’ RABRI, TEJASHWI ‘RETURN’ STATE SECURITY ALL ‘SECULAR BUT HINDUTVA’ PARTIES WILL UNITE: FADNAVIS 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. P16 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 on Wednesday 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 VelmuruPTI gan said. 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 on Wednesdaykilling 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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