CMYK TUESDAY www.thestatesman.com 16 APRIL 2019 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16 |` 5.00|LC* KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P3 TIGER OUT OF THE WOODS AND ROARING P9 P7 P12 Campaign bar on Adityanath, Mayawati WEATHER Hot and humid day; maximum and minimum temperatures likely to be around 36 and 27 degree Celsius respectively. RAINFALL: Nil RELATIVE HUMIDITY Max. 90% Poll panel censures pair for communal speeches; Yogi Adityanath banned from campaigning for 72 hours, BSP chief for 48 hours PRESS TRUST OF INDIA NEW DELHI, 15 APRIL Min. 58% TEMPERATURE Max: 35.6°C (N) SUN RISES 05:16 hrs MOON RISES 14.51 hrs IMF MAY DELAY BAILOUT PACKAGE TO PAKISTAN CHINA’S CHANGING SOUTH ASIA STRATEGY TECH EDGE WITH INDIA IN BALAKOT STRIKE: IAF CHIEF Min: 27.4°C (+2) SUN SETS 17:57 hrs MOON SETS 03:02 hrs Next moon quarter on 16 April THUMBNAILS Junaid Azim Mattu, mayor of Srinagar Municipal Corporation, campaigning in the Dal Lake for a People’s Conference candidate. SNS Bengaluru airport hike user fee: Flying out from the Bengaluru airport will be costlier from Tuesday following the airport tariff regulator Aera allowing it to revise upwards the user development fee (UDF) for four months by a massive 120 per cent. The nation's third busiest airport after New Delhi and Mumbai, plans to use the additional fee to fund its expansion. “With the Aera order coming into effect from 16 April, the UDF for domestic departures will be revised to Rs 306 from Rs 139 while for international departures it will be Rs 1,226 from Rs 558 earlier,” Bangalore airP8 port said in a statement on Monday. n a first, the Election Commission Monday “censured” Uttar Pradesh Chief Minister Yogi Adityanath and BSP supremo Mayawati for their communal remarks and barred them from campaigning for 72 and 48 hours respectively. The poll panel has issued two separate orders against Adityanath and Mayawati and said these will come into force from 6 a.m. on Tuesday. The orders of the commission came soon after the Supreme Court took note of the communal remarks made by the Bahujan Samaj Party (BSP) supremo and the chief minister during their Lok Sabha poll campaigns. The court has asked the poll watchdog about the action it has initiated against them. A bench headed by Chief Justice Ranjan Gogoi has summoned a representative of the Election Commission (EC) on Tuesday while agreeing to examine the poll panel's contention that it has limited legal powers to deal with hate speeches of politicians during electioneering. In its order related to Adityanath, the commission said, it “strongly condemns” the impugned statement made by him and “censured” him for “misconduct”. I In a late night development, the Election Commission also barred SP leader Azam Khan and Union minister Maneka Gandhi for 72 hours and 48 hours respectively for their controversial remarks. Khan was under the poll panel's lens for making derogatory remarks against BJP candidate from Rampur, Jaya Prada, while Gandhi had told Muslims to vote for her as they will need her once the Lok Sabha elections are over. Using its constitutional powers under Article 324 of the Constitution, the EC barred him from “holding any public meetings, public processions, public rallies, road shows and interviews, public utterances in media (print, electronic and social media) in connection with the ongoing elections for 72 hours (three days) from 6.00 am on April 16.” In another order, the commission also censured and “strongly” condemned Mayawati for her remarks.The EC has barred her from campaigning for 48 hours or two days. On being asked about the different time periods for the two leaders, a senior EC functionary explained: “It is for the second time that the Uttar Pradesh CM has been issued a show cause notice by the EC. On April 5, he was asked to be 'careful' in the future.” “This is the first show cause and action against the BSP president ... the severity of the action is, therefore, different,” he said. The functionary said the commission examined the two issues on April 14 and April 15, and came up with the final decision on Monday as it felt a clear message should go out to the politicians. The EC has written to chief electoral officers of all states informing them about their decision on Adityanath and Mayawati to ensure that its orders are Rafale: SC asks Rahul for explanation PRESS TRUST OF INDIA NEW DELHI, 15 APRIL The Supreme Court Monday directed Congress president Rahul Gandhi to give an explanation by 22 April for “incorrectly” attributing his 'Chowkidar Narendra Modi chor hai' remarks to its verdict in the Rafale case and said it will consider a criminal contempt petition filed against the opposition leader. The court gave the direction on the petition filed by BJP MP Meenakshi Lekhi in which she has accused Gandhi of attributing some observations to the apex court which was not in the 10 April Rafale judgment on admissibility of certain 'leaked' documents as evidence. Stating that it will consider the criminal contempt petition, the court made it clear that the remarks made by Gandhi in public have been “incorrectly attributed” to the court. Posting the matter for further hearing on 23 April, the court also said politicians should not attribute any findings or views to the court in their speeches. Reacting to the direction, the Congress said it will provide an explanation to the Supreme Court while the BJP asserted that the top court has exposed Gandhi's “lie”. Finance minister Arun Jaitley accused Gandhi of “manufacturing” a court order for political propaganda and asserted that the 'right to free speech' is not 'right to falsehood'. BJP chief Amit Shah also attacked Gandhi for “lying” over the court order on the fighter jet purchase deal. Lekhi, a sitting Lok Sabha MP from New Delhi constituency, had moved the court, alleging that Gandhi attributed his personal remarks to the top court and tried to create prejudice. Senior advocate Mukul Rohatgi, appearing for Lekhi, told the court that a gross case of contempt was committed Jet crisis: Banks meet, no word on funding, board to meet today PRESS TRUST OF INDIA MUMBAI, 15 APRIL Jet Airways' survival remained under serious threat after its lenders Monday deferred a much-anticipated decision to provide emergency funds to the carrier following a marathon meeting, even as its pilots' union appealed to the lenders and the prime minister to save the airline. Jet Airways chief executive Vinay Dube in an internal communication said the lenders could not decide on the emergency funding and that the board of the airline will meet Tuesday to take a call on the future. Jet Airways has only seven planes, including six turbo propelled ones used for shorter hauls, flying at present, way below its peak of 123 planes in December. “As you are aware, we have been working with the lenders to secure interim funding for our operations. The interim funding has not been forthcoming thus far, and as a result we have extended cancellation of international operations until April 18... The current status of our engagement with the lenders and other related matters shall be placed before the board tomorrow morning, where the management will seek guidance from the board on the next steps forward,” Dube said in a mail. Jet Airways pilots' union, the National Aviators Guild had Sunday deferred a decision to strike from today, saying that it wanted to give more time to the airline. On March 25, the airline's board had approved 'the debt resolution plan', under which SBI-led consortium would provide an emergency loan of Rs 1,500 crore and in turn acquire majority stake, following which founder chairman Naresh Goyal and wife Anita would leave the airline and pare his stake to around 25 pe cent. But banks have disbursed only under Rs 300 crore in small tranches, citing procedural delays. This left the airline cancelling hundreds of flights as it failed to pay the lease rentals. “We were expecting some cash support at Monday's meeting but the lenders have told the airline that they are not going to provide any funds for now...We are disappointed,” said a source in the pilots' union. by Gandhi. Rohatgi said Gandhi had come out in the public to make a remark that the “Supreme Court in its judgment said ”Chowkidar Narendra Modi chor hain”. The bench said, “You were right to the extent we never said what has been brought in the petition. We will seek clarification”. The Congress president had on 10 April claimed that the apex court has made it “clear” that Prime Minister Narendra Modi “committed a theft”. His remarks came after the court, which last December cleared the Modi government of allegations of irregularities over the Rafale deal with France, on 10 April said it will hear a review petition on the basis of some 'leaked' documents, referred to by the petitioners who have demanded a probe. It had dismissed the government's preliminary objections claiming “privilege” over them. not violated. Mayawati was issued the notice for her speech in Deoband in which she appealed to Muslims to not vote for the Congress. The BSP chief has violated the Model Code of Conduct, the poll panel found. Chief minister Adityanath was served the notice for his “Ali” and “Bajrang Bali” remarks while addressing a rally in Meerut. He compared the Lok Sabha elections to a contest between 'Ali', a revered figure in Islam, and Bajrang Bali, the Hindu god Hanuman. In its order on Adityanath, the poll panel observed that being the chief minister of a state, he has an “added responsibility to not only uphold the basic tenets, including secularism, of the Constitution of India, but also to display the same in his public appearances”. The order said, the EC is convinced that Adityanath made a “highly provocative” speech which had the “tone and tenor” to aggravate existing differences or create mutual hatred between religious communities. The poll panel told Mayawati that being a senior leader, she should have “desisted” from making such comments that have the “undertone and propensity to polarise the elections” in several constituencies due to the reach of the media. Top court to examine ambit of ‘toothless’ EC’s powers PRESS TRUST OF INDIA So what about Mayawati. She was supposed to reply to you (poll panel) by April 12. She has not replied till today. What does the law permit you to do in such cases. Answer us. NEW DELHI, 15 APRIL The Supreme Court Monday expressed displeasure over the Election Commission not taking quick action against politicians for communal and hate speeches during election campaigning and decided to examine the ambit of its power following a submission that it was “toothless”. The top court, which got irked after not getting specific answers to its queries on the powers of the poll panel to deal with errant leaders spewing venom, even threatened to ensure the presence of the Chief Election Commissioner (CEC) before it within half-anhour. A bench headed by Chief Justice Ranjan Gogoi took up the cases of alleged communal speeches of BSP leader Mayawati and UP chief minister Yogi Adityanath and asked about the actions taken so far against them while deciding to examine the statutory powers of the poll panel to deal with the violations of the model code of conduct (MCC). “So what about Mayawati. She was supposed to reply to you (poll panel) by April 12. She has not SUPREME COURT BENCH replied till today. What does the law permit you to do in such cases. Answer us,” said the bench, also comprising Justices Deepak Gupta and Sanjiv Khanna. The EC counsel said: “The power of the EC in this behalf is very limited. We can issue notice and seek reply but we cannot de-recognise a party or disqualify a candidate...we can only issue advisories and in case of a repeat offence, register a complaint.” Reacting sharply, the bench said, “So you are basically saying you are toothless and powerless against hate speeches.” It then said that besides sending a notice, an advisory and a criminal case can be filed only against such leader. The court then decided to summon a representative of the EC at 10.30 a.m. on Tuesday to examine the contention that the poll panel has limited legal Cup squad: Experienced Karthik trumps young Pant A NEW YEAR MUMBAI/NEW DELHI, APR 15 Students at a function to mark Poila Baisakh,the first day of the Bengali New Year, at Santiniketan in Birbhum on Monday. RAJA BHAKAT Take informed decision on biopic bar, SC tells poll panel Sex on marriage pretext is rape, rules top court NEW DELHI, 15 APRIL STATESMAN NEWS SERVICE NEW DELHI, 15 APRIL The Supreme Court Monday directed the Election Commission to re-examine its earlier order and take an informed decision on banning pan-India release of the biopic on Prime Minister Narendra Modi after watching the full movie. The court directed the poll panel to take a decision by 19 April and submit its report in a sealed cover to the court. The court order came after senior advocate Mukul Rohatgi, appearing for the film producers who have challenged the EC's ban on the biopic's release till the current general elections are over, said the poll panel has taken the decision based just on watching the promo, PTI not the entire movie. powers to deal with hate speeches of politicians during electioneering. The bench said: “It would like to examine whether the power of the EC was circumscribed to deal with the violations of the MCC by leaders through alleged hate speeches.” The EC swung into action after the court's observations and barred the two leaders from campaigning. While Adityanath was barred for 72 hours, Mayawati has been barred for 48 hours. The two have also also been “censured” by the poll panel. The court was hearing a PIL filed by an NRIYoga teacher based in Sharjah in the United Arab Emirates, seeking a direction to the EC to take “strict action” against political parties if their spokespersons make remarks based on caste and religion in the media in the run up to the general elections. The Supreme Court has ruled that sex on the pretext of marriage is rape and a blow to the honour of a woman. The judgment came on a case registered by a woman accusing a Chhattisgarh-based doctor of raping her in 2013. In a recent judgment, a bench of Justices L Nageswara Rao and MR Shah observed that rape offends a woman's dignity and esteem, and the fact that the victim and her rapist have already settled in their lives and taking care of their families, could not be considered a ground to have the crime be null and void. Observing that such incidents were on the rise in modern society, the apex court said, "It tantamounts to CMYK a serious blow to the supreme honour of a woman and offends both her esteem and dignity." The woman, a resident of Koni, Bilaspur, was familiar with the accused since 2009 and had a love affair. The accused had promised to marry her and their families were in the know of this. The accused was, however, engaged to another woman while he had the affair with the victim. He later broke his promise to the victim and married the other woman with whom he was engaged. An FIR was lodged against the accused and he was convicted of rape. The High Court upheld his conviction and sentenced him to 10 years of rigorous imprisonment. The accused moved the apex court chal- lenging this decision. The court in its judgement said: "Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life." The court observed that the evidence presented during the trial establishes that the accused never intended to marry the victim and established sexual relations on the pretext of marriage with the woman. This was rape, said the court. It noted that the rapist must face the consequences of the crime. Dinesh Karthik Monday returned to India's World Cup squad after 12 years, trumping Mahendra Singh Dhoni's heir apparent Rishabh Pant in a selection move that will be debated for a long time. The second wicketkeeper was the sole bone of contention for the marquee event starting in England and Wales on 30 May and the 33year-old Karthik's experience of 91 ODIs gave him the edge over the 21-year-old Pant, according to the fivemember selection panel headed by MSK Prasad. Karthik, the oldest Indian player in terms of international debut (three months before Mahendra Singh Dhoni in September 2004), was also part of the Indian squad during its disastrous 2007 World Cup campaign. He, however, missed the bus in the 2011 and the 2015 editions. In the squad that was announced Monday, Dhoni will be playing his fourth 50-over World Cup. Kohli will play his third edition while Rohit Sharma, Shikhar Dhawan, Ravindra Jadeja, Mohammed Shami and Bhuvneshwar Kumar were all a part of the 2015 edition. It was a more or less predictable 15-member squad picked by the national selection committee with another notable inclusion being Tamil Nadu's seam bowling all-rounder Vijay Shankar, who is expected to be used as a floater in the batting order, especially at number 4. Squad: Virat Kohli (captain), Shikhar Dhawan, Rohit Sharma (vice-captain), KL Rahul, Mahendra Singh Dhoni (wk), Kedar Jadhav, Hardik Pandya, Vijay Shankar, Kuldeep Yadav, Yuzvendra Chahal, Mohammed Shami, Jasprit Bumrah, Bhuvneshwar Kumar, Dinesh Karthik, PTI Ravindra Jadeja.
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