CMYK FRIDAY www.thestatesman.com 13 APRIL 2018 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16 |` 5.00|LC* KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P11 SENSEX 34,101.13 +160.69 WEATHER Partly cloudy sky. Rain/thundershower with gusty winds in the afternoon/evening. Max-Min tem 34-22 deg cel, resp. RAINFALL: 2.1 mm RELATIVE HUMIDITY P10 NIFTY 10,458.65 +41.50 REAL MADRID RESCUED BY RONALDO P11 P10 ` vs $ 65.26 +5 PAISE GOLD 30,015.00 +105.00 SILVER 39,000.00 +100.00 BRENT CRUDE (IN $) 71.67 -0.39 Cauvery protests greet Modi in Chennai HC stays Bengal panchayat polls Stay till further orders, asks SEC to submit status report on 16 April Max.83% Min.56% Max: 33.7°C (-2) SUN RISES 05:18 hrs MOON RISES 03.34 hrs Min: 23.2°C (-2) SUN SETS 17:56 hrs MOON SETS 15:29 hrs TEMPERATURE SYRIAN FORCES GET BACK REBEL TOWN POPE ADMITS JUDGMENT ERRORS SRIKANTH NOW WORLD NO. 1 Third quarter of moon on 12 April THUMBNAILS India's gold medallist Sushil Kumar poses for a photograph during the medal ceremony of the men's freestyle 74 kg wrestling event at the 2018 Gold Coast Commonwealth Games in the Carrara Sports Arena on Thursday. AFP Medals galore: The wrestling gold rush began as expected and the shooting ranges also threw up medals before a couple of track-andfield podium finishes provided a near perfect end to what was a high-yielding day for India at the 21st Commonwealth Games. Sushil Kumar pulled off an effortless performance for gold, a tad irritated Seema Punia opened India's track-and-field account with a silver, while ex-world champion Tejaswini Sawant's rifle shot down a silver too. India claimed two gold, three silver and a bronze today, shoring P12 up the overall medal count to 31. India launches satellite: India on Thursday successfully launched into space a navigation satellite to join a constellation of such satellites dubbed as its home-made Global Positioning System(GPS) that can serve both military and civilian needs. The Indian Regional Navigation Satellite System (IRNSS), also called NavIC-Navigation with Indian Constellation--is considered on par with US-based GPS, Russia's Glonass, China's BeiDou-3 and Galileo developed by Europe. It will broadcast highly-accurate timing signals that a receiver can use to P4 triangulate its location. IIP grows, inflation slows: Maintaining high growth for the fourth month in a row, industrial production grew at 7.1 per cent in February, mainly driven by robust performance of the manufacturing sector coupled with higher offtake of capital goods and consumer durables. Meanwhile, retail inflation slowed to 4.28 per cent in March, the third consecutive month of decline, mainly on account of easing food prices including vegetables, government data showed on Thursday. The inflation based on Consumer Price Index (CPI) was 4.44 per P8 cent in February. STATESMAN NEWS SERVICE KOLKATA, 12 APRIL ustice Subrata Talukdar of Calcutta High Court today stayed the ongoing panchayat election process in the state till further orders. While staying the election process, the court directed the State Election Commission (SEC) to submit on 16 April a comprehensive status report inter alia on the poll process, detailing the number of nominations filed and the percentage of nominations rejected. After expressing "extreme dissatisfaction at the staying away of the BJP's petitioner in person, Pratap Banerjee from yesterday's hearing" Justice Talukdar took "a very dim view of this approach to the court" and imposed a penalty of Rs 5 lakh on the petitioner, Pratap Banerjee for misrepresentation. He held that the BJP had moved both the Calcutta High Court and the Supreme Court on similar pleas and likened its conduct to “forum hopping”. The Supreme Court had yesterday directed the BJP to approach the Calcutta High Court with its grievances over the deadline for filing of nominations for the panchayat polls in the state. The day's direction is in keeping with it, it was pointed out. But "the baby cannot be thrown away Bengal CM Mamata Banerjee said her govt will ensure that people are not inconvenienced during the six-hour LF bandh on Friday. J with the bathwater" the court observed. "The baby in this case is democracy and the petitioner staying away the bathwater", it was further observed. "So, in view of public interest, the court does not vacate its order of 10 April ", it was pointed out. The court said it would hear on Monday the petitions challenging the SEC's decision to withdraw its April 9 notification, which had extended the date for filing nominations by a day. Justice Talukdar had on April 10 stayed the withdrawal of SEC's April 9 notification, directing the commission to treat its order of cancellation be kept in abeyance. The BJP has moved a caveat during the day that the petition be heard in its presence after the court refused to entertain the petition of BJP leader, Asim Ghosh citing multiplicity of litigation in the backdrop of the petition of party secretary, Pratap Banerjee. Apart from the BJP , the CPI-M and the Congress too had moved the high court challenging the SEC's J&K mulls law to ensure death penalty for rapists STATESMAN NEWS SERVICE JAMMU, 12 APRIL Jammu and Kashmir Chief Minister Mehbooba Mufti has said that her government would bring a new law that makes death penalty mandatory for those involved in rape of minor child. In a tweet on the long drawn debate on rapemurder of 8-years old girl in Kathua district, Mehbooba said; "We will never ever let another child suffer in this way. We will bring a new law that will make the death penalty mandatory for those who rape minors, so that little Ashifa’s case becomes the last". "I want to assure the entire nation that I stand committed not just to ensure justice for Ashifa but also seek exemplary punishment for those responsible for a crime whose brutal savagery has shamed humanity". Amid the snow- balling public outrage over the alleged repeated gangrape and brutal killing of an eight-year-old girl Asifa ~ in Kathua in the Jammu region over several days in January this year by eight accused including an exgovernment official and his relatives, police officers and even a juvenile ~ the Narendra Modi dispensation finally broke its silence on Thursday on the matter, with Union Minister Gen (retd) V K Singh asserting that the deceased girl from the minority nomadic community will "not be denied justice". "We have failed Ashifa as humans. But she will not be denied justice," Gen Singh tweeted, Close on the heels of Gen Singh's tweet, Congress president Rahul Gandhi also broke his silence, calling the atrocities against Asifa a "crime against humanity". decision. In this regard, the court directed PCC chief Adhir Chowdhury who had appeared in person to state his grievances to file a written petition instead of making an oral submission that many candidates were prevented from filing their nomination. "This is very interesting that you are justifying your action and contending that your Delhi unit and state are not in communication," the court observed earlier after BJP state secretary Pratap Banerjee submitted that he was absent yesterday in the court as he got the notice after 4 p.m and his Delhi unit did not inform him of the petition filed in the Supreme Court whose contention is the same as in Calcutta High Court. Accusing the BJP leader of suppression of facts and violation of appellate side rules of the high court, Trinamul Congress MP Kalyan Bandopadhaya , appearing in person submitted that not only he had informed Banerjee to be present in court, but the matter was also widely reported in the media. Contending that the interim order had been vitiated by misrepresentation of facts and should be therefore be vacated, Bandopadhaya submitted that the order was bad in law. The court asked commission secretary, Nilanjan Shandilya appearing for the SEC about the course of action of the commission on 9, 10 and 11 April and the latter submitted the panchayat election process had started and scrutiny had been done. The SEC secretary informed the court substantial number of nominations had been filed by the political parties, including independent candidates and the complaints to the commission had been acted upon. He submitted there was no report of the percentage of nominations filed on 9 and 10 April. The court observed no homework seemed to have been done when the SEC secretary said there were no reports from other credible sources. The Trinamul MP later said outside the court building that an appeal would be made before a Division Bench against the court order stalling the election process. The day's order pointed out the faults of the commission and we will make an appeal against the order of imposition of costs, BJP state secretary, Banerjee said. Police detain Cauvery activists protesting against the Prime Minister’s visit to Chennai and the Centre’s failure to set up CMB. Near the Tamil Nadu Raj Bhavan on Thursday. AFP SNS & PTI CHENNAI, 12 APRIL Pro-Tamil outfits protesting over the Cauvery issue today showed black flags to Prime Minister Narendra Modi when he arrived to formally inaugurate India's mega defence exhibition, Defexpo, at Thiruvidanthai, about 40 km from here. The Tamizhar Vazhvuirimai Kootamaippu (TVK), an umbrella outfit of proTamil outfits, and Manithaneya Jananayaga Katchi is led by MLA M Thamimun Ansari were among the organisations that staged protests in the vicinity of the Chennai airport. Veteran film director Bharathiraja and filmmaker Ameer held a demonstration at the airport premises, raising slo- gans. Police dispersed some of the protesters and detained others. In view of the protests, traffic snarls were witnessed around the airport and in its surrounding areas. Black flags were hoisted atop the residences of DMK chief M Karunanidhi, party working president M K Stalin, Rajya Sabha MP Kanimozhi and other leaders, in protest against Modi's visit and for not forming the Cauvery Management Board. Prime Minister Modi today said Centre has suggested to the finance commission to consider incentivising states working on population control, while refuting charges that the Terms of Reference of the 15th Finance Commission were biased against certain states. HC slams UP for arrest delay SNS & PTI LUCKNOW, 12 APRIL Amid mounting outrage over the alleged gangrape of a minor girl over a year ago, Allahabad High Court today castigated the UP government for delay in the arrest of the accused BJP MLA Kuldeep Singh Sengar despite an FIR against him, warning it may be forced to observe that “law and order has collapsed in the state”. The FIR itself came days after the Unnao girl tried to self-immolate in front of Chief Minister Yogi Adityanath's house on Sunday accusing authorities of inaction, and death of her father in custody the next day allegedly after being beaten up by the politician's brother and their henchmen in front of policemen. As the public outcry raged amid growing demands by political par- ties and civil society for the legislator's arrest, protests were also held outside Adityanath's house while the police put the onus on the CBI to arrest the MLA, who has remained defiant and has dubbed allegations as a political conspiracy. The FIR was registered against Sengar under various sections of the IPC, including for rape, kidnapping and criminal intimidation as well as under provisions of the Prevention of Children from Sexual Offences (POCSO) Act. Under POCSO, an accused has to be arrested immediately. The case was registered hours before the high court was to hear the matter, and so was the UP government's decision on transferring the case to the CBI late last night. Police is not ready to register FIR of a minor rape victim. In spite of SIT report, you are repeating that we can only take any action after further investigation, if this is the conduct of the police in state, whom a victim will approach to register a complaint. If this is the stand you repeatedly taking then we will be forced to observe in our order that law and order has collapsed in the state,” the court said. The court, which is expected to pass order tomorrow, took strong objection to the delay in the MLA's arrest as it sought details of the action taken by the government in the matter. The court was told by the Advocate General that three of the accused in the case were arrested including the MLA's brother but any further action would depend on statements of the complainant and witnesses. Observing that the Special Investigation Team (SIT) report showed that the medical officers and police officers were hand in glove with the accused to save them, the court said since these officers have been arrested already why further investigation was needed to arrest the main accused. Advocate G S Chaturvedi, who had moved the court, said the SIT headed by senior police officers conducted preliminary investigation and then filed a report after which the FIR was registered.When asked when Sengar would be arrested, Principal Secretary (Home) Arvind Kumar told reporters that the CBI would take a decision. Govt seeks apex court review of SC/ST Act verdict PRESS TRUST OF INDIA NEW DELHI, 12 APRIL Days after nationwide protests on the issue, the Centre today sought a review of the Supreme Court verdict on the SC/ST Act, saying it has “diluted” its stringent provisions, resulting in “great damage” to the country by causing anger and a sense of disharmony among the people. In written submissions in support of its review petition against the March 20 verdict, the government categorically said “the confusion created by this judgment may have to be corrected by reviewing the judgment and recalling the directions issued by this Hon'ble Court.” Observing that the court had dealt with an issue of a “very sensitive nature”, it said the verdict has caused “commotion”, “anger, unease and a sense of disharmony” in the country. It dubbed the entire judgement as “vitiated” as it proceeded on the basis that the top court can legislate a law despite having no such power. The stand of the government came a week after the apex court refused to keep in abeyance its verdict, saying those agitating against its order putting in place certain safeguards on arrests under the 1989 Scheduled Castes and Tribes (Prevention of Atrocities) Act, may not have read the judgement or could have been misled by “vested interests”. The written submissions filed by Attorney General K K Venugopal said “this judgment has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code of Criminal Procedure, 1973, resulting in great damage to the country. “It is essential that the conclusions drawn in paragraphs 83 (iii) (v) be reviewed and recalled, so that no basis for misunderstanding the judgment or its impact on the implementation of the Atrocities Act would continue,” the government told the top court. The concerned paragraphs refer to the process to be followed while arresting an accused, either a public ser- vant or otherwise, the preliminary enquiry conducted by a Deputy Superintendent of Police and directs that any violation has to be followed by disciplinary action as well as contempt. The government said the entire judgment was “vitiated” as it proceeds on the basis that it can legislate, and has the power 'to make law when none exists'. “... the Court declares the 'role of this court travels beyond merely dispute settling, and directions can certainly be issued which are not directly in conflict with a valid stature. Power to declare law carries with it, within the limits of duty, to make law when none exists', the Centre submitted. “Having declared so, the court pro- CMYK ceeds to lay down its conclusions (iii), (iv) and (v), which are directly in conflict with the Atrocities Act, the validity of which has been upheld by this Court, as well as the Code,” the AG told the apex court. “The bland statement that 'power to declare law carries with it, within the limits of duty, to make law when none exists' is wholly fallacious, because we live under a written constitution, of which separation of powers between the legislatures, the executive and the judiciary is the very basic structure and is inviolable. “What else, therefore, does it mean, if in the teeth of the Separation of Powers, the highest court in the country says that the judiciary in the country, bound to uphold the constitution and hence not to encroach upon that area reserved for Parliament and the legislatures, can lay down law contrary to a statute passed by Parliament,” it said. The Centre said SC was not “filling in gaps” but was “amending” through judicial legislation, the Atrocities Act and the Code, thus defeating the salutary provisions of this law. Arguing on the reliance placed by the SC on the English judgments which held that judges make law, the Centre said the principle has been “misapplied” as England has no written Constitution, and the belief that separation of powers existed there has been criticised by academics. PM on fast NEW DELHI, 12 APRIL Prime Minister Narendra Modi and the BJP national president Amit Shah on Thursday held a day-long fast over the alleged disruption of the just concluded Budget session of Parliament by the Opposition. Both the PM and the BJP president had to contend with a vitriolic attack from the Congress on social media over their fast. The Congress sought to pin down the government over the ruling BJP-led NDA's past track record in disruption of Parliament. SNS Roster: Justice Chelameswar refuses to list PIL in SC NEW DELHI, 12 APRIL “I don't want one more reversal of my order in the next 24 hours,” said Justice J Chelameswar, a remark reflecting an apparent continuing rift between him and the CJI. An exasperated Justice Chelameswar also accused “someone” of running a “relentless tirade” against him as if he was trying to “grab something” as he turned down listing of a PIL by former law minister Shanti Bhushan questioning the existing roster practice of allocation of cases. The strong comments came when lawyer Prashant Bhushan approached the bench seeking urgent listing of the PIL filed by his father stating that the “master of roster” cannot have “unguided and unbridled discretionary powers, exercised arbitrarily by the CJI by handpicking benches of select judges” and sought formulation of guidelines for allocation of cases. After the rift between CJI Dipak Misra and Justice Chelameswar in November last year, a new practice was introduced under which urgent mentioning of all matters was being done only before the CJIheaded bench. Bhushan rushed to Justice Chelameswar-headed bench, and sought urgent listing of the PIL as the CJI was a party in the petition and there was an “emerPTI gency situation”.
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