www.thestatesman.com FRIDAY FIND US ONLINE 03 AUGUST 2018 Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16 |`5|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR ‘TIES WITH PAKISTAN WILL IMPROVE WITH IMRAN AS PM’ TRUMP THREAT TO HIKE TARIFF SPARKS SELL-OFF P10 SENSEX 37,165.16 -356.46 NIFTY P11 11,244.70 -101.50 KOHLI’S MASTERFUL TON HELPS INDIA BOUNCE BACK DEATH PENALTY INADMISSIBLE, SAYS POPE P16 P12 ` vs $ 68.36 GOLD 29,549 -115.00 SILVER 37,646 -182.00 BRENT OIL (IN $) 72.02 -0.37 Act III: Letters of inexplicable intent A farce in three acts A STATESMAN SPECIAL REPORT The announcement on 9 July by the Ministry of Human Resource Development that the yet- to-be-launched Jio Institute of the Reliance Foundation had been chosen as an Institution of Eminence was greeted with anger and derision. Since that day, the Government has sought to convey an impression that it is back-pedalling. Now, it has come up with the facile defence that the Jio Institute has not in fact been recognised as an Institution of Eminence but has been issued a Letter of Intent that will translate into the eminence tag only if the institution delivers on everything it has promised. This defence has been offered by the Minister, Mr Prakash Javadekar, even in Parliament to suggest that the non-existent Jio Institute and the long-running five other institutions of distinction have been treated differently. Facts, unfortunately, come in the way of this tortured realignment of the narrative by the HRD Minister and his officials. The first announcement of the six Institutions of Eminence chosen by the Government came through a series of tweets by the Minister, Mr Prakash Javadekar. “Yet another landmark quality initiative of @narendraModi Government. The #Institute of Eminence are selected by the Experts Panel and today we are releasing list of 6 universities – 3 each in public and private sector”. “The #Institute of Eminence are important for our country. We have 800 univ, but WEATHER Partly cloudy sky. The maximum and minimum temperatures would be around 37 and 28 degrees Celsius respectively. RAINFALL: Nil RELATIVE HUMIDITY not a single university in top 100 or even 200 in the world ranking. Today’s decision will help achieve this.” “Improving ranking needs sustained planning, complete freedom and public institutes getting public funding. This is the commitment of @narendramodi govt to not to interfere but to allow institutes to grow the way they should grow.” There is nothing in these tweets to suggest that one of the six institutes – the only one that has not yet seen light of day – would get only a Letter of Intent. Tweets, however, are a constrained form of communication and it might not have been possible for Mr Javadekar to tell the complete story via social media. But there were no space restrictions on the press release issued by the Press Infor- mation Bureau of the Government at 8.23 p.m. on 9 July. The release was headlined “Government declares 6 educational ‘Institutions of Eminence’; 3 Institutions from Public Sector and 3 from Private Sector shortlisted” and had a sub-head that read “Each ‘Public Insti- tution’ selected as ‘Institution of Eminence’ will get financial assistance up to Rs. 1000 Crore over a period of five years. The landmark decision will help the selected Institutions to become World Class Educational Institutions: Shri Prakash Javadekar.” The text of the release was equally unambiguous in that it made no distinction between the yet-to-be-built Jio Institute and the five other institutions – the IITs at Delhi and Mumbai, the Indian Institute of Science, BITS Pilani and Manipal Academy of Higher Education – insofar as this recognition was concerned. The release said: “The Government has shortlisted Six Institutions of Eminence (IoEs) including 3 from Public Sector and 3 from Private Sector.An Empowered Expert Committee (EEC) in its report recommended selection of 6 institutions (3 from public sector and 3 from private sector) as Institutions of Eminence. The details of these Institutions are as under: “Public Sector: (i) Indian Institute of Science, Bangalore, Karnataka; (ii) Indian Institute of Technology,Bom- TMC team detained at Silchar airport Max. 79% Min. 56% Party leaders claim they were manhandled at the airport by police Max: 34.5°C (+1) SUN RISES 05:44 hrs MOON RISES 23:14 hrs Min: 26.0°C (-1) SUN SETS 19:11 hrs MOON SETS 12:09 hrs PRESS TRUST OF INDIA TEMPERATURE THUMBNAILS P V Sindhu (photo) and Saina Nehwal sailed into the women's singles quarter-finals with straight-game wins but it was curtains for Kidambi Srikanth at the BWF Badminton World Championships at Nanjing (China) on Thurs(P15) day. Indian among three killed by gunmen in Kabul: An Indian national and two others working for international food company Sodexo in Afghanistan were kidnapped and killed by gunmen in Kabul on Thursday. ‘‘It is a matter of deep anguish that an Indian national working for an international company was kidnapped along with two of his colleagues from Malaysia and Macedonia in Kabul today. The local authorities informed that the three kidnapped, including the Indian national, have been killed by the kidnappers,” the External Affairs Ministry said. Apple becomes world's 1st trillion-dollar comd pany: Apple has become the world's first publicly-traded company to be valued at USD 1 trillion. The milestone, reached Thursday, marks the triumph of stylish technology that has redefined what we expect from our gadgets. Such an accomplishment had seemed unimaginable in 1997 when Apple tottered on the brink of bankruptcy. To survive, Apple brought back its once-exiled co-founder Steve Jobs as interim CEO, who then made history. SC restrains media on Bihar shelter home: The Supreme Court on Thursday restrained the electronic media from showing, even in morphed form, images of the alleged victims of rape and sexual assault at a shelter home in Bihar's Muzaffarpur district, observing they cannot be compelled to “relive the trauma” P6 again and again. Missile testfired: India test fired an indigenously-developed supersonic interceptor missile from a test range off the Odisha coast to validate “some improved features”, defence sources said. The state-of-the-art missile was test fired from a canister at 11.24 am engaging a simulated target at low altitude. SILCHAR, 2 AUGUST A Trinamool Congress delegation which reached Silchar today to assess the situation in Assam in the wake of the publication of the complete draft of the citizen's register (NRC) was stopped at the airport and detainedlate tonight under Sec 151 of the Preventive Detention Act, officials said. According to TMC MP Sukhendu Sekhar Roy, who is a member of the team, the police stopped them at the airport saying their visit might create trouble and manhandled them. “It's murder of democracy. We were not allowed to go out,” he said. The TMC leaders were supposed to hold a meeting here. Party supremo Mamata Banerjee claimed that members of the TMC delegation, including women, were manhandled at the airport and accused the BJP of imposing “super emergency” in the country. The BJP was exposed by this incident, she said and sought to know under which law was the TMC delegation stopped. The TMC delegation including six MPs were kept in the VIP lounge of Kumbhigram airport here in Cachar district under BarakValley region, the officials said. The deputy NRC row: RS adjourned NEW DELHI, 2 AUGUST The bitter face-off between the Trinamul and the BJP continued to play out within and outside Parliament today over the controversial exclusion of more than 4 million residents of Assam from the state's draft National Register of Citizens (NRC). Trinamul members again forced an early adjournment of the Rajya Sabha on the draft NRC issue, seeking a commissioner, the SP and five magistrates were in the airport to talk to the TMC delegation. The Cachar district administration last night issued prohibitory order under Section 144 of the CrPC. However, district administration sources said the prohibitory order has nothing to do with the visit of the TMC delegation. response from Home Minister Rajnath Singh. The Trinamul has been up in arms against the exclusion of 4,00,7007 people from the draft NRC, alleging that it betrayed the BJP's "divide-and-rule agenda" in the country. The Trinamul is also reportedly planning to move a privilege motion in the Lok Sabha tomorrow against the detention of its legislators at Assam's Silchar air(SEE PAGE 5) port. SNS The TMC team went there at the instruction of Mamata Banerjee. ADGP (special branch) Pallab Bhattacharya said that security has been beefed up at Silchar. “We will take whatever measures needed for maintenance of law and order,” he said. Wondering why they were stopped, MP Roy told a TV channel, “They manhandled us including our women members. I am a heart patient. We have come here to talk to those people whose names were deleted. We are not here to create any trouble. But they have not allowed us.” “BJP president Amit Shah will go to Bengal. We will not stop him,” he said. Another TMC MP Kakoli Ghosh Dastidar alleged that they were stopped and police could not show us any order in this regard. Echoing her, fellow MP Mamatabala Devi alleged that they were pushed and manhandled by the police. “We have come here to assess the situation and talk to those people. We are on dharna at the airport”, she said. There was no immediate reaction from the state administration regarding the TMC's allegations. Reacting to the visit of the TMC delegation, student leader and AASU general secretary Lurinjyoti Gogoi claimed that Mamata Banerjee is playing votebank politics. Assam TMC president Dwipen Pathak and two other party leaders resigned today in protest against Mamata Banerjee's opposition to the final draft of the NRC, which has evoked a sharp reaction from different parties and organisations in the state. bay, Maharashtra; and (iii) Indian Institute of Technology, Delhi. “Private Sector:(i) Jio Institute (Reliance Foundation), Pune under Green Field Category; (ii) Birla Institute of Technology & Sciences,Pilani, Rajasthan;and (iii) Manipal Academy of Higher Education, Manipal, Karnataka. “The HRD Minister, Shri Prakash Javadekar has said that this is a landmark decision and goes far beyond graded autonomy. It will ensure complete autonomy to the selected institutions and facilitate them to grow more rapidly. At the same time, they will get more opportunity to scale up their operations with more skills and quality improvement so that they become World Class Institutions in the field of education, the Minister added. Mamata accuses BJP govt of imposing ‘super emergency’ STATESMAN NEWS SERVICE KOLKATA, 2 AUGUST Trinamul Congress chief Mamata Banerjee today claimed that members of the TMC delegation, including women, who went to Silchar amid the AssamNRC issue, were manhandled at the airport there and accused the BJP of imposing “super emergency” in the country. The BJP was exposed by this incident, she said and sought to know under which law was the TMC delegation stopped at the Silchar airport. Arriving here from Delhi, where she met a number of Opposition leaders, Miss Banerjee told reporters that when she met Union Home Minister Rajnath Singh on the NRC issue he had assured her that no one would be harassed. “But the TMC delegates have not been allowed to go out of the (Silchar) airport. They have been manhandled. Even women members have not been spared,” she claimed. “There is super emergency in the country. The BJP is politically exposed. They (read BJP) are showing muscle power. They are suppressing facts. If there is peace (in Assam), why did they impose prohibitory orders? The people of Assam are in panic,” the West Bengal Chief Minister said. Banerjee said that the TMC leaders had gone to Assam to meet the common people because the names of 40 lakh residents were not in the NRC final draft which was published on 30 July. Miss Banerjee lashed out at the BJP leaders and said that they had gone to Asansol in April after communal tension there over Ramnavami procession disregarding prohibitory orders clamped in the area. “But we (WB government) had allowed them though three persons were killed. We had shown courtesy,” she said. Sukhendu Sekhar Roy, Trinamul deputy leader of the Rajya Sabha claimed that the police stopped him and other members including women members and a minister at the airport saying that their visit might create trouble and manhandled them. Responding to the issue of Assam police lodging an FIR against Bengal chief minister, Miss Banerjee said in Nabanna: "I'm in Bengal what will they (Assam police) do by lodging FIR in Assam. They (read BJP run central government) lodge FIRs everyday. When we went to the residence of Delhi chief minister Arvind Kejriwal then, FIR was lodged against four of us". Adultery law arbitrary, violative of right to equality: SC SNS & PTI NEW DELHI, 2 AUGUST TheSupremeCourtonThursday described as “manifestly arbitrary” a penal provision which requires a woman to have her husband's consent to indulge in adultery with another married man, saying it amounted to treating women as “chattel”. A five-judge Constitution Bench headed by Chief Justice Dipak Misra, however, made a distinction between adultery as a criminal offence and as a civil wrong which has been used as a ground for seeking divorce in matrimonial disputes. The top court, which was hearing a petition challenging the constitutional validity of Section 497 (adultery) of the IPC, said, “As far as criminalisation or decriminalisation of adultery as an offence is concerned, it is in one compartment. Adultery cannot cease to be a ground for seeking divorce by estranged couple in a court of law.” The Bench ~ also comprising of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra ~ was critical of different aspects of Section 497, referring to a part which said that no offence of adultery is made out if a married woman enters into a sexual relationship with a married man with the consent of her husband. “If there is consent of husband, then there is no adultery which is absurd.This is another indicator of gender bias in which a woman is considered as chattel,” it said. “Definitely the matrimonial sanctity aspect is there, but the way the provisions are enacted or made run counter to Article 14 (right to equality of the Constitution),” the Bench said. Section 497 of the 158year-old IPC says: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery.” The Bench referred to the submission of the Centre in its affidavit and said the provision was there to save “sanctity of marriage” or “matrimonial ties” and then pointed out inconsistencies in law. “If a married man has sexual intercourse with unmarried woman, this is alright. No adultery is made out. But, does it still not affect sanctity of marriage,” the Bench asked. “Look at the next part, if a married man has sexual intercourse with other married woman with the consent or connivance of her husband then also no offence is made out,” it said. Describing the provision as not being “gender neutral”, the Bench referred to the classical test of “manifest arbitrariness” and “discrimination” under Article 14 to examine the validity of a law. “On arbitrariness test, the fact that husband's connivance will not make it a crime is manifestly arbitrary,” the Bench said, adding that going by the classical test of Article 14, there was “no intelligible differentia for achieving the object which is protecting sanctity of marriage”. “It is expected that the above selected Institutions will come up in top 500 of the world ranking in 10 years and in top 100 of the world ranking eventually overtime. To achieve the top world ranking,these Institutions shall be provided with greater autonomy to admit foreign students up to 30% of admitted students; to recruit foreign faculty upto 25% of faculty strength;to offer online courses upto 20% of its programmes; to enter into academic collaboration with top 500 in the world ranking Institutions without permission of UGC; free to fix and charge fees from foreign students without restriction;flexibility of course structure in terms of number of credit hours and years to take a degree; complete flexibility in fixing of curriculum and syllabus,among others.” TURN TO PAGE 5 Army Major booked for Manipur killings NEW DELHI, 2 AUGUST An Army officer has been booked by the CBI in a case related to the alleged Manipur extra-judicial killings which are being probed by the agency on the orders of the Supreme Court. This is the first such case in 29 FIRs registered by the CBI. Major Vijay Singh Balhara, then attached with Assam Rifles, along with seven other uniformed personnel has been named as accused in the case pertaining to the killing of 12-year-old boy Azad Khan. The case has been registered under IPC sections related to murder. This was termed a case of fake encounter by a Supreme Court- appointed commission led by retired apex court judge Santosh Hegde. According to the family, Azad was killed on March 4, 2009, the commission had noted. A student of classVII in Phoubakchao High School with no criminal antecedents, he was allegedly picked up from his home before being killed, it said. An FIR was registered nearly two months before the alleged encounter under sections of attempt to murder, arms act and other stringent charges. “According to the security forces' evidence, the deceased was suspected to be a member of the Peoples United Liberation Front (PULF),” it said, adding that PULF was not a banned organisation, according to Manipur government. Azad's family had said that he and his friend Kiyam Ananda Singh, who was a neighbour and studied at the same school, was reading newspaper in the verandah of his home where his parents and relatives were present. At 11.50 am, about 30 security personnel came to the house and dragged Azad to a nearby field where he was beaten up amid protests from parents, the Commission said in its report.Parents, relatives and friends of Azad were locked in a room by the security forces but they could see through the window that after being beaten up, he was shot by one of the commandos and a pistol was thrown near PTI the body, it said.
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