CMYK WEDNESDAY www.thestatesman.com 01 AUGUST 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 37,606.58 +112.18 WEATHER Generally cloudy sky with spells of rain/thundershower. Max-min temp likely to be 32-26 degree celsius, respectively. RAINFALL: 6.3 mm RELATIVE HUMIDITY Max.91% Min. 76% Max: 30.9°C (-1) SUN RISES 05:09 hrs MOON RISES 21.18 hrs Min: 26.6°C (0) SUN SETS 18:18 hrs MOON SETS 08:40 hrs TEMPERATURE Third quarter of moon on 7 August THUMBNAILS Children shift household goods from inundated Yamuna Khadar as the water level of the river rises in the Capital on Tuesday. RITIK JAIN Subsidised LPG price hiked by Rs 1.76 per cylinder: Subsidised cooking gas (LPG) price was today hiked by Rs 1.76 per cylinder due to tax impact on the change in base price. Subsidised LPG with effect from Tuesday midnight will cost Rs 498.02 per cylinder in Delhi as against Rs 496.26 currently, a statement issued by Indian Oil Corp (IOC), the nation's largest fuel retailer, said. All LPG consumers have to buy the fuel at market price. The government, however, subsidises 12 cylinders of 14.2-kg each per household in a year. Infra growth jumps to 7-month high of 6.7 per m cent in June: Growth of eight core sectors expanded to 7-month high of 6.7 per cent in June due to better performance by cement, refinery and coal segments, according to an official data released on Tuesday. The eight sectors, which also include fertilisers, steel, natural gas, electricity and crude oil, had expanded by 1 per cent in June last year. The previous high rate of growth was recorded in November 2017 at 6.9 per cent. The growth rate in May was 4.3 per cent. P8 India beat Italy in women’s hockey 3-0, enter 0 last eight: After a campaign-saving draw against the United States, the Indian women’s hockey team gave a convincing performance against lower-ranked Italy in the cross-over World Cup match in London on Tuesday. The 10th-ranked India proved that they are a better team when they beat 17th ranked Italy 3-0 with goals from Lalremsiami, Neha Goyal and Vandana. With the win, India have qualified for the quarterfinals, where they will face Ireland on Thursday. IMRAN SEEKS MQM-P SUPPORT TO FORM GOVT TRUMP SAYS HE’S WILLING TO MEET IRANIANS NEYMAR UNDER FIRE OVER AD P10 NIFTY 11,356.50 +36.95 P9 ` vs $ 68.54 +13 PAISE GOLD 28,620.00 -85.00 SC prohibits coercive action on NRC NEW DELHI, 31 JULY he Supreme Court today said there will be no coercive action by authorities against over 40 lakh people, whose names do not figure in Assam's National Register of Citizens (NRC), observing that it was merely a draft. The top court asked the Centre to formulate modalities and the Standard Operating Procedures (SOPs) including timelines for deciding claims and objections arising out of the publication of the draft NRC. A bench of justices Ranjan Gogoi and R F Nariman asked the Centre to submit the modalities and SOPs before it for approval within August 16. “This court would like to observe that what has been published is only a complete draft NRC, which naturally being a draft cannot be a basis for any coercive action by any authority,” the bench said. It said that the modal- T ities and SOPs prepared by ministry concerned of government of India should be “fair and giving reasonable opportunity to everyone”. The bench said under the rules, the local registrar is first required to issue notice to file claim and objections to the draft NRC and then give a reasonable hearing after providing equal opportunity to all. At the outset, NRC Assam coordinator Prateek Hajela placed before the court its status report giving details of publication of the draft NRC yesterday. The report said that out of 3.29 crore people, names of 2.89 crore have been included in the draft NRC. It further said that names P12 SILVER 38,150.00 -100.00 BRENT CRUDE (IN $) 74.54 -0.43 A farce in three acts Act 1: A policy tailor made for Jio A STATESMAN SPECIAL REPORT Formulate modalities for claims,objections; govt told SNS & PTI ‘SPOILT BRAT WHO SHOULD KEEP HIS MOUTH SHUT’ of 40,70,707 people do not figure in the list. Of these, 37,59,630 names have been rejected and the remaining 2,48,077 are on hold. To this, the bench asked Hajela, what was the future course of action after the publication of draft NRC. He informed the court that the claims and objections regarding inclusion and exclusion in the NRC could be filed from August 30 to September 28. He said till August 7, the draft NRC will be displayed or made available to them through seva kendras. “From August 8, 2018, onwards the people who have been left out of the second draft can approach the local registrar or the NRC seva kendra to find out the reasons for their non-inclusion,” he said. The bench then asked Hajela about the local registrars and of which level these officers are. He said that these local registrars are gazetted officers taken from different departments for NRC works. There are two ways in which Governments can be made to bend to individual will. The first is to persuade those in power to flout policy to favour a person or an institution. This route can open governments to criticism because the deviation is easily established. The other is to get Government to write policy that fits the needs of a beneficiary. The Institution of Eminence scheme formulated by the Government last year appears to be an example of the latter, tailored as the Gazette notification of 29 August 2017 was to favour the proposed Jio Institute of the Reliance Foundation run by Mukesh and Nita Ambani. But the devil is in the details. To begin with, the Gazette notification entitled UGC (Institutions of Excellence Deemed to be Universities), Regulations 2017, lists the following parameters that the Committee of Experts constituted to identify Institutions of Eminence should seek in an applicant: It should preferably be multi-disciplinary or interdisciplinary and have both teaching and research focus of an exceptionally high quality. It should offer inter-disciplinary courses, including in areas of emerging technology and interest as well as those of relevance to the development concerns of countries like India and also award degrees, diplomas and other academic distinctions in such interdisciplinary areas. It should have a good proportion of foreign or foreign qualified faculty. Foreign / foreign qualified faculty means: a. Any fac- ulty of non-Indian citizenship, or b. Any Indian citizen who has spent considerable time in academics in a foreign country, with his academic qualification /experience from top 500 Institutions figuring in a reputed world ranking. There should be a reasonably good mix of lndian and foreign students. There should be a transparent merit-based selection in admissions, so that the focus remains on getting meritorious students. The admission process should be need-blind so that once a student gets admission purely on merit, such a meritori- ous student should not be turned away for lack of financial ability. The faculty student ratio should be not be less than 1:20 at the time of notification issued declaring an Institution as an lnstitution of Eminence and should increase over time so as not to be less than 1: 10 after five years of this date. The faculty for this purpose includes the regular faculty, adjunct faculty, and long-term faculty (for at least three years). Part time faculty shall not be counted for the purpose. TURN TO PAGE 5 Mamata warns of civil war for exclusion of 4 m from draft NRC, Shah slams Opp Apex court rejects review plea in Judge Loya death case SNS & PTI SNS & PTI NEW DELHI, 31 JULY West Bengal Chief Minister Mamata Banerjee today warned that exclusion of 4 million people from National Register of Citizens (NRC) in Assam could lead to “bloodbath” and a “civil war” in the country, which was strongly denounced by BJP president Amit Shah. She also accused the Modi government of trying to make millions of people “stateless” in Assam for political gains. However, Shah, rejecting Banerjee's charges, sought to project the NRC in Assam as a national security issue and rights of Indians. He also asked all Opposition parities to clarify whether they suppport NRC or not. Banerjee today asked Union Home Minister Rajnath Singh to clarify whether the Centre intends to carry out an exercise similar to NRC-Assam in her state. Banerjee, who has accused the BJP-led Central government of trying to divide the people with the National Register of Citizens (NRC) exercise in Assam for political gains, today met Singh at his residence and claimed she had submitted a list of 40 lakh people who had been left out of NRC in the final draft released yesterday. “I came here to talk on NRC. Submitted a list of 40 lakh people who had been left out. I have told him that his party leadership is claiming that next NRC would be in Bengal. Who has given them that authority?,” Banerjee told reporters after meeting Singh. The attack on the government by Banerjee and several Opposition parties came a day after names of over 4 million people in Assam were excluded from the draft NRC list, pre- pared following a longdrawn process to identify illegal Bangladeshis living in the state. “The NRC is being done with a political motive. We will not let this happen. They (BJP) are trying to divide the people. The situation cannot be tolerated,” Banerjee told a conclave here. The issue rocked Parliament as well. Separately, a number of political parities held a protest outside Parliament, accusing the BJP of trying to divide the society and making Indian citizens become refugees in their own country. At a press conference, Shah asserted that the NDA government was determined to throw out illegal Bangladeshis from the country and that NRC will be implemented “to the last full stop”. He also asked all political parties to clarify their stand on NRC. The Congress also said the BJP is playing politics on Assam's NRC and accused Shah of deliberately giving a “mischievous twist” to the issue. Congress senior spokesperson Anand Sharma said the BJP and the government should behave responsibly on the issue in national interest and unity. He said the issue that the Congress is highlighting is that a large number of Indians have been rendered as refugees in their own country and this was unacceptable. Joining the row, BSP president Mayawati condemned the exclusion of over 40 lakh people and demanded an all-party meeting on it. Mayawati said it would be very difficult to contain the frenzy caused by the publication of the draft NRC, adding that the all-party meeting was needed to work out remedial measures. NEW DELHI, 31 JULY The Supreme Court today dismissed a plea seeking review of its April 19 verdict that had held that Special CBI judge B H Loya had died of “natural causes” on December 1, 2014 and had rejected PILs seeking an SIT probe into the death, questioning their motive. A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud did not find any merit in the review petition filed by the Bombay Lawyers Association, one of the petitioners in the case. “We have carefully gone through the review petition and the connected papers, but we see no reason to interfere with the order impugned. The review petition is, accordingly, dismissed,” the bench said. The apex court had rejected the PILs seeking probe into the death of Loya, ruling that he had died of “natural causes”, and held that the petitions were moved by political rivals to settle scores which was a serious attempt to scandalise the judiciary and obstruct the course of justice through a “frontal attack” on its independence. Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case, had died of cardiac arrest in Nagpur on December 1, 2014 when he had gone to attend the wedding of a colleague's daughter. Sohrabuddin Sheikh, a suspected gangster, and his wife Kausar Bi were allegedly abducted and killed by a team of Gujarat and Rajasthan Police in November 2005. The CBI filed a charge sheet against 38 persons for the alleged fake encounters. The trial court discharged 14 people, including BJP chief Amit Shah, in the case. The apex court had brought the curtains down on the raging debate over Loya's death, saying “the circumstances ... which have been dealt with by this court in the judgment delivered today stands concluded”. “We have come to the conclusion that there is absolutely no merit in the writ petitions. There is no reason for the court to doubt the clear and consistent statements of the four judicial officers. “The documentary material on record indicates that the death of Judge Loya was due to natural causes. There is no ground for the court to hold that there was reasonable suspicion about the cause or circumstances of death which would merit a further inquiry,” a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, had said. Mallya extradition: UK court asks India to submit video of Mumbai jail cell PRESS TRUST OF INDIA LONDON, 31 JULY A UK court today asked the Indian authorities to submit a video within three weeks of Mumbai's Arthur Road Jail cell where they plan to keep Vijay Mallya post-extradition, as it set September 12 as the date for closing arguments in his high-profile extradition trial. During a brief hearing today, Judge Emma Arbuthnot said she was not able to hear the case fully and just addressed representations from the Crown Prosecution Service (CPS), representing the Indian government, and Mallya's defence team on the conditions at Barrack 12 of Mumbai Central Prison. She asked the Indian authorities to submit a “step by step video” of Barrack 12 for “the avoidance of doubt” over the availability of natural light in the cell where the 62-year-old businessman is expected to be detained pretrial, during trial and in the event he is convicted by the Indian courts. “I would like a video of Barrack 12, to see where the windows are shot maybe at midday with no artificial lighting,” the judge said, setting a threeweek time-frame for the film to be provided to all parties in the case. Mallya, who has been on bail on an extradition warrant since his arrest in April last year, is fighting extradition to India on charges of fraud and money laundering amounting to around Rs 9,000 crore. As he arrived in court this morning for the hearing, he iterated his offer to settle dues with the Indian courts. “I have made a comprehensive offer to the Karnataka High Court to settle dues... the question of stealing money, money laundering are all blatantly false charges. Now that the assets are before the court, I am in the hands of the court; I hope this will all end,” he said. “At the end of the day, the courts will decide,” added Mallya, whose bail was extended until September 12, which has been set as the date for the next hearing when the judge is expected to hear closing submissions in the case before she can set a timeline for her verdict. The CPS today presented its arguments in favour of the government of India to address the judge's concerns arising out of a National Human Rights Commission of India (NHRC) prisons report from earlier this year. CPS barrister Mark Summers took the judge through a “further letter of assurance” from the Indian government, highlighting that any concerns of “overcrowding” associated with Arthur Road Jail do not relate to Barrack 12 which houses only six inmates and was “clean and hygienic”. The availability of “private” and adequate washing and toilet facilities that are regularly cleaned and have western-style functioning flow of water and clean mattress and bedding were among the other CMYK assurances provided. Arthur Road Jail's structural integrity and a commitment that Mallya's trial would proceed “expeditiously” in India were among some of the other issues addressed by the CPS. Mallya's defence team, led by Clare Montgomery, focused its objections on the lack of natural light available in Barrack 12 as it claimed that the “government of India assurance cannot be relied upon”. “The photos show natural light flooding into the cell. But our (expert's) assessment is that it is very difficult to work out where the light was coming from. Whatever the light is, is not natural light,” said Montgomery. While Mallya's defence team was insisting on an inspection of the jail cell, the CPS stressed that the Indian government had provided “adequate material” which rendered the need for an inspection unnecessary. The judge's decision to ask for a video was welcomed by the CBI team present in court today, who said India was keen to be “transparent” and have provided all the assurances asked for by the UK court. The CPS also presented documents to the judge related to the May 8 High Court ruling on the worldwide freezing order against Mallya and the UK Court of Appeal having refused him permission to appeal the judgment last month. At the last hearing in the case on April 27, the CBI had received a boost in the case as Judge Arbuthnot confirmed that the bulk of the evidence submitted by the Indian authorities will be admissible in the case. The extradition trial, which opened at the London court on December 4, is aimed at laying out a prima facie case of fraud against Mallya, who has been based in the UK since he left India in March 2016. It also seeks to prove there are no “bars to extradition” and that Mallya is assured a fair trial in India over his now-defunct Kingfisher Airlines' alleged default of over Rs 9,000 crore. Mallya's defence team has deposed a series of expert witnesses to claim he had no “fraudulent” intentions and that he is unlikely to get a fair trial in India. Last month, after a prolonged period of silence, Mallya had issued a lengthy media statement, labelling the CBI and Enforcement Directorate (ED) charges against him as “untenable and blatantly false”.
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