SATURDAY www.thestatesman.com 14 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 P7 SENSEX 34,192.65 +91.52 ‘CHEMICAL ATTACK IN SYRIAN TOWN FABRICATED’ ‘CLEANING GANGA GETS HIGHEST PRIORITY’ SC/ST VERDICT OF APEX COURT WRONG: EX-CJI P9 NIFTY 10,480.60 +21.95 ` vs $ 65.20 +6 PAISE CL SEMIS: BAYERN VS REAL, LIVERPOOL TO MEET AS ROMA P12 GOLD 29,825.00 -190.00 P15 SILVER 38,800.00 -200.00 BRENT CRUDE (IN $) 72.42 +0.40 Unnao rape case: MLA arrested after HC order RAINFALL: Nil RELATIVE HUMIDITY SC warns lawyers in Kathua rape case Takes suo motu cognisance of lawyers’ obstruction Max.79% Min.17% STATESMAN NEWS SERVICE NEW DELHI, 13 APRIL Max: 35.4°C (-1) SUN RISES 05:56 hrs MOON RISES 05.37 hrs Min: 18.2°C (-3) SUN SETS 18:46 hrs MOON SETS 17:09 hrs As public anger escalated, the CBI on Friday arrested BJP MLA Kuldeep Singh Sengar, accused of raping a minor girl in Uttar Pradesh's Unnao, hours after the Allahabad High Court ordered his immediate arrest saying he was influencing the “law and order machinery”. As the Opposition upped the ante accusing the ruling BJP of shielding perpetrators of heinous crimes against women, Prime Minister Narendra Modi asserted that no criminal will be spared and justice will be done to daughters of the nation. Facing flak over the delay in taking action against his MLA in the nearly year-old rape case, UP Chief Minister Yogi Adityanath said his government will not deviate from its zero-tolerance policy on crime and that it would firmly deal with criminals, no matter how influential they might be. Congress president Rahul Gandhi, who led a midnight march yesterday in the national capital to protest the rape cases, hit out at the Prime Minister over his silence WEATHER Partly cloudy sky. Light rain/thundershower to occur towards afternoon/evening. The maximum and minimum temperatures would be around 37 and 18 degrees Celsius respectively. TEMPERATURE THUMBNAILS The late Vinod Khanna is this year's Dadasaheb Phalke Award winner and the late Sridevi (pic) the best actress for her role in Mom, the National Awards film jury announced on Friday. (P10) Sikh groups protest against Nanak Shah Fakir: Sikh groups in Punjab and Haryana on Friday staged protests against the release of controversial movie “Nanak Shah Fakir”, which is based on the life and teachings of Sikhism's founder Guru Nanak Dev. The movie was released on Friday. In Punjab's Fatehgarh Sahib, protesters stopped a goods train for around 20 minutes, Railway officials said. The blockade was lifted following the intervention of the GRP and the local P6 police. Tiger killed in Midnapore: The tiger that had strayed into the forest of Lalgarh in West Midnapore district last month was killed by the locals on Friday, a Forest department official said. The carcass of the adult tiger was recovered from the Lalgarh forest, West Bengal's Chief Wildlife Warden Ravi Kant Sinha said. “The carcass has injury marks, caused by spears, in the neck,” he said. Asked when the big cat was killed, Sinha said it could be after 10 a.m. Friday, because “till that time, the forest personnel were aware of its location”. India should ensure biometrics privacy, says IMF: The IMF has said India should take necessary measures to ensure privacy and security controls while implementing large identification programmes like the Aadhaar, as the global financial body identified India as a leader in the biometric identification system. The International Monetary Fund in its fiscal monitor report on digital government said digitalisation can facilitate stronger governance and fiscal transparency, allowing better public awareness and scrutiny of the budget P13 process and the design of fiscal policy. T he Supreme Court on Friday took a dim view of lawyers allegedly obstructing the judicial process in the case of an eight-year-old girl's gangrape-and-murder in Kathua in the Jammu region, asserting that such obstruction would undermine the dispensation and administration of justice. Taking suo motu cognisance of the matter, the apex court maintained that lawyers' bodies have solemn duty to not obstruct advocates representing the accused or the victims in the courts. A Bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud sought responses on the conduct of such lawyers in the Kathua case from the Bar Council of India, Jammu and Kashmir Bar Council, Jammu High Court Bar Association, and Kathua district bar association by 19 April. "In our considered opinion no lawyer can prevent the advocates representing the accused or victim's family in the case," the Bench reportedly said. "Obstruction of process of law and delivery of justice, and that too by lawyers cannot be condoned and is unethical. Access to justice cannot be impeded by lawyers," the Bench said. It aserted that every party before any court is entitled to engage a lawyer and if advocates oppose this principle then it would obstruct the justice dispensation system. "It is impermissible under law and is unethical to prevent filing of charge sheet or oppose representation of victim's family by lawyers," the apex court said. The Bench also ruled NEW DELHI, 13 APRIL The Delhi High Court on Friday frowned upon media houses for disclosing the identity of an eight-year-old girl who was gangraped and killed in Kathua district of Jammu and Kashmir, and asked why action be not taken against them for “injustice to the privacy and dignity of the victim”. The high court also prohibited the media from revealing any further identity of the victim by any means, including name and photographs for which 12 media houses, comprising print and electronic, were issued notices for the“unfortunate” and “extremely distressing” manner of reporting. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, which on its own took cognisance of the media reports, said that One man’s meat is another man’s poison, so goes the saying. And ruling BJP leaders of Gujarat gave a new connotation to it by going on fast ~ a much used, blunted tool ~ to reap political mileage, while depriving several hundred hawkers of their daily bread. The one-day fast by the ruling BJP leaders here has triggered controversy for their misuse of power and state machinery. Following in the footsteps of Prime Minister Narendra Modi, who led the party in the poor politics of symbolism by going on fast in Delhi in protest against the Congress stalling Parliament proceedings, the Gujarat BJP leaders too held fast sit-ins at public places in many district headquarters. But, this show of political upmanship by the Gujarat BJP leaders forced about 500 hawkers to forego the day’s livelihood. They were evicted from their premises to make room for a stage The Supreme Court on Friday agreed to look into a plea as to whether the allocation of "sensitive and important cases" should be done by the Chief Justice of India (CJI) alone or by the Collegium of five senior-most judges. Asking Attorney General K KVenugopal to assist the court in hearing the matter, a bench of Justice A K Sikri and Justice Ashok Bhushan asked: "CJI is the master of roster, should we interpret it to mean Collegium... would it be feasible?" Observing that nearly one lakh cases come to the top court every year, Justice Sikri wondered if the Collegium will sit for each and every case. "Prima facie, it's not a workable solution because that would mean the five judges would be required to sit every day or twice a week to allocate cases," said the bench, adding that there should be The lights, fans, air coolers and the mikes at the fast venue were all run with an illegal electric wire drawing power from a nearby commercial complex. and tent for the event. The police and Ahmedabad Municipal Corporation (AMC) jointly organised the drive to clear out the hawkers from their selling zone. The hapless hawkers were moved out and a paid parking lot was emptied for the BJP leaders to spend the day there with public display of fast. But, how did the fast go on ? The BJP had cried foul when some Congress leaders in Delhi were shown in the social media having snacks in the morning shortly before they began their fast early this week to protest against the Modi-government. The Gujarat BJP leaders had plenty of ice cool lemon water and soft drinks at the back stage where only the ‘fasting’ BJP leaders were allowed to go every now and then. Unfortunately for the ruling BJP, the backstage area was accessible with zoom lenses of the photographers who chose to climb up to the terrace of an adjoining building at the busy Two BJP Ministers, who were at the centre of a storm over their participation in a rally in support of the accused in the Kathua rape and murder case, on Friday submitted their resignations to the party's state president Sat Sharma. “Yes, the two ministers have submitted their resignation to me,” Sharma told PTI. He said a legislature party meeting of the BJP is scheduled to be held tomorrow in Jammu where the future course of action on this issue will be discussed. “We are going to discuss this and other issues at our legislature party meeting tomorrow,” Sharma said when asked if he was going to forward the resignations to Chief Minister Mehbooba Mufti. PTI TURN TO PAGE 10 Hawkers suffer for Gujarat BJP fast AHMEDABAD, 13 APRIL SRINAGAR, 13 APRIL STATESMAN NEWS SERVICE NEW DELHI, 13 APRIL there was a need for the media to “circumspect on reporting to the extent it is in contravention of the law”. “Freedom of press has to be balanced with integrity of judicial process and must comport with the requirement of the law,” the court said. It issued notices to 12 media houses and prohibited them“from effecting any publication including the name, address, photograph, family details, school details, neighbourhood or any other particulars which may have an effect of leading to the disclosure of the identity of the child victim”. The bench said that it was restricting issuance of notice to only the 12 entities as it did not have information of the other media houses which have effected similar publications and when the details would be known, notices would be issued to them as well. STATESMAN NEWS SERVICE 2 Ministers quit in J&K LUCKNOW/NEW DELHI, 13 APRIL on violence against women and children, saying India was waiting for him to “speak up” and asked why accused rapists and murderers were “protected” by the state. At an event to inaugurate the B R Ambedkar memorial in the national capital, Modi said, “I want to assure the nation that no criminal will be spared. Justice will be done. Our daughters will get justice” -- an apparent reference to rape cases in Unnao and Kathua (Jammu & Kashmir), where an eight-yearold was allegedly raped and killed. Several BJP leaders hit at the Opposition for “shedding crocodile tears” on the issue of safety of women and raised the issue of other cases of violence against women involving non-BJP leaders including a few over a decade old, in what was seen by some as SC to hear plea on case allocation Kathua outrage: HC frowns on media PTI : "This court has held that a Bar Association cannot pass a resolution that they would not defend an accused in any particular case. It is the duty of the Bar Association as a collective body and they cannot obstruct the process of law." The top court agreed to take suo motu cognisance of the matter after several lawyers of the court pointed to the incident earlier this week when agitating lawyers had tried to prevent the J & K Police's Crime Branch officials from filing chargesheet in a Kathua court in the chilling case which has triggered national outrage. J & K standing counsel Shoeb Alam reportedly told the CJI-led court, "Police team was heckled by the lawyers and prevented from submitting the chargesheet before the Chief Judicial Magistrate court in Kathua,” adding that the police had to subsequently produce the eight accused and submit the charge sheet at the residence of the magistrate. SNS & PTI Lal Darwaza area of the city. While lemon water and soft drinks sustained the BJP people on fast, the party misused its power in AMC as the civic body provided six big air coolers at the venue of the fast. At Bhavnagar too, reports have trickled in that the BJP had stolen electricity from a nearby complex to run the gadgets at their fast venue. The lights, fans, air coolers and the mikes at the fast venue were all run with an illegal electric wire drawing power from a nearby commercial complex. Objections from the building’s security staff were over-ruled as participants at the fast included the city’s Mayor and local legislators. a "self-governing mechanism". The observation came during the hearing of the plea by former law minister and senior counsel Shanti Bhushan, seeking that the allocation of important and sensitive cases be done by the Collegium of five seniormost judges and not by the CJI alone. When senior advocate Dushyant Dave said "sensitive cases" like those which directly touch upon the very "survival of democracy" should not be left to the discretion of the CJI, the court told him: "What is sensitive for you may not be sensitive for another." Appearing for Shanti Bhushan, senior advocates Dave, Kapil Sibal and Prashant Bhushan said instances of arbitrary allocation of cases by CJI Dipak Misra has forced them to come with a "heavy heart" to the court.The lawyers said their purpose was not to make personal allegations, adding: "Our concern is when Supreme Court Registry takes direction from the CJI for marking the case... Power should be used correctly." Sibal said they were "troubled" and this is the highest court of law and "we must respect the institution". "It's not good for the institution." Justice Sikri said, "You are aggrieved by the manner of exercise of power by the CJI". "But the Collegium does not seem to be the solution, because it will then have to sit every other day. If you can come up with some other suggestion, maybe we could consider." He also referred to its recent verdicts, saying it has already held that the CJI is the "master of roster". Although on Wednesday CJI Misra's bench dismissed a PIL seeking framing of rules for regulating the setting up of benches and allocation of cases, on Friday the bench posted the matter for further hearing on April 27. In his plea, Bhushan said the authority of the Chief Justice as a master of roster was not an "absolute, arbitrary, singular power" which may be exercised in his "sole discretion" and the CJI must exercise his authority in consultation with other senior judges who are also part of the Collegium. The collective opinion of a Collegium was much safer than the opinion of the Chief Justice alone, it said. The plea contended that the master of roster "cannot be unguided and unbridled discretionary power, exercised arbitrarily by the...Chief Justice of India by hand-picking benches of select judges or by assigning cases to particular judges". GOLD COAST, 13 APRIL Their gold medal tally surpassed the previous edition with 15-year-old shooter Anish Bhanwala becoming the youngest contributor to it but India had loads to be embarrassed about on a day when two track and field athletes were ordered out of the Commonwealth Games for breaching the event's 'No Needle policy' here. There was ecstasy and agony in equal measure for the Indian contingent on Friday. The country enjoyed its best day so far in the Games, picking up three gold, three silver and four bronze medals but it also turned out to be the most embarrassing as race walker K T Irfan and triple jumper V Rakesh Babu were sent home in ignominy. India's medal tally rose to 42, including 17 gold, 11 silver and 14 bronze. India had won 15 gold medals in the 2014 Glasgow Games. To focus on the positives, the day belonged to Anish, the Haryana wonderkid, who shot down a Games record for his gold in the 25m rapid fire pistol event. “I was fully expecting this medal because I have been doing it in other tournaments. The names keep changing but I get the same results,” said the youngster, who is now busy worrying about his maths exam when he lands in India.The shoot- SEE PAGE 7 Pakistan SC imposes life ban on Sharif ISLAMABAD, 13 APRIL ing ranges provided a second gold on the same day for the first time these Games. Former world championTejaswini Sawant was the other gold-winner to emerge for India at the Belmont Shooting Centre in the 50m rifle 3 position event, where Anjum Moudgil settled for a silver. The wrestlers dominated the mat at the Crarrara Sports and Leisure center, picking up five medals today, though only Bajrang Punia (65kg) stood on top of the podium. Mausam Khatri (97kg) and Pooja Dhanda (57kg) picked up silver medals while Divya Kakran (68kg) notched a bronze on her CWG debut. “This gold medal proves the significant improvement in my wrestling career as I won silver at the last Games’’, said Punia. Pakistan's deposed prime minister Nawaz Sharif on Friday became ineligible to hold public office for life after the Supreme Court unanimously ruled that the disqualification of two lawmakers, including him was permanent, in a landmark verdict ending the political future of the threetime premier ahead of general elections this year. The verdict was issued by the apex court while hearing a case related to the determination of time duration for disqualification of a lawmaker under the Constitution. The five-judge bench of the Supreme Court had grappled with Article 62(1)(f) which only stated that a lawmaker is disqualified under specified conditions but did not set out the duration of the disqualification. Article 62, which sets the precondition for a member of parliament to be “sadiq and ameen” (honest and righteous), is the same provision under which Sharif was disqualified on July 28, 2017, in the Panama Papers case.Sharif, 68, was disqualified by the SC for not being “honest and righteous” as he failed to declare in 2013 a salary he got from the company of his son in the UAE. In February, the SC disqualified Sharif as the head of the ruling PMLN. In today's verdict, SC said that under the Constitution, no person once disqualified by the top court can hold public PTI office again. SEE PAGE 16 MORE ON PAGE 13 Ecstasy and agony for Indian contingent at C’wealth Games AGENCIES whataboutery. Hearing a petition in the case of the alleged rape of the 17year-old Unnao girl, the Allahabad High Court directed the CBI to arrest Sengar, MLA from the Bangarmau assembly in Unnao district, saying the law and order machinery and officials were directly under his influence. Hours later, the CBI which had brought Sengar to its Lucknow office at around 5 am for questioning, arrested him. A bench of Chief Justice DB Bhosale and Justice Suneet Kumar gave the direction to the agency after the counsel for the Uttar Pradesh government informed it that Sengar has been detained for interrogation and not arrested yet. It had directed the CBI to arrest forthwith Sengar and the other accused named in the FIR and carry out further investigation. It also directed the agency to file status report by May 2. Taking a strong objection to the UP government's submission that Sengar would not be arrested on mere registration of the FIR, the court said this approach is “not only appalling but shocks the conscience of the court’’.
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