FRIDAY 12 MAY 2023 Pages 12 |` 5.00|LC www.thestatesman.com KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR P6 WEATHER MAINLY CLEAR SKY. THE MAXIMUM AND MINIMUM TEMPERATURE WOULD BE AROUND 41 AND 21 DEGREES CELSIUS RESPECTIVELY RAINFALL: Nil RELATIVE HUMIDITY Max. 73% Max: 38.6°C (-1) SUN RISES 05:32 hrs MOON RISES 01:37 hrs P4 Win for Delhi govt in tussle over services STATESMAN NEWS SERVICE NEW DELHI, 11 MAY Min: 19.9°C (-5) SUN SETS 19:03 hrs MOON SETS 11:37 hrs I THUMBNAILS Women farmers take part in a protest to support protesting wrestlers in New Delhi on (See Pg2) Thursday. ANI SC reserves verdict on plea for legal recognition of same sex marriage: The Supreme Court Constitution Bench on Thursday reserved judgment on a batch of petitions seeking legal recognition of same sex marriage under the Special Marriage Act on the touchstone of equality of rights for the LGBTQIA+ community.The five-judge Constitution Bench comprising the Chief Justice D Y Chandrachud, Justice Sanjay Kishan Kaul, Justice S. Ravindra Bhat, Justice Hima Kohli and Justice Pamidighantam Sri Narasimha reserved the judgment on the conclusion of the hearing spread over 10 days starting on 18 April 2023. n a major win for the Arvind Kejriwal government, the Supreme Court on Thursday ruled that the Delhi government would have control over all services and officers serving under it except those dealing with public order, police and land, and that the Delhi Lt. Governor does not have an all-encompassing supervision over the administration of the national capital. The unanimous ruling by a five-judge Constitution Bench comprising Chief Justice D Y Chandrachud, Justice M R Shah, Justice Krishna Murari, Justice Hima Kohli and Justice Pamidighantam Sri Narasimha have brought down the curtains on a bitter standoff between the Centre and the Kejriwal government on the issue of control over the posting and transfer of senior bureaucrats. The government of the national capital territory of Delhi (NCTD) should have control over all services except those that are excluded from its legislative domain, the Constitution Delhi Chief Minister Arvind Kejriwal being felicitated by party leaders after the verdict of Supreme Court in New Delhi. ANI Bench said. Chief Justice Chandrachud, pronouncing the judgment said: “Democratically elected governments should have control over its officers. If a democratically elected govt is not allowed to control its officers and hold them to account then its responsibility towards ... the public is diluted.” Making it abundantly clear that officers serving in the Delhi government were accountable to the elected government, the judgment said: “The principle of collective responsibility ‘BREAKING TENDULKAR’S RECORD WILL BE AN EMOTIONAL MOMENT’ P5 Except for police, law & order and land, NCT govt will have control, rules SC Min. 26% TEMPERATURE FORMER JD-U PRESIDENT RCP SINGH JOINS BJP MK STALIN RESHUFFLES CABINET FAULT LINES extends to the responsibility of officers, who in turn report to the ministers... A democratically elected government can perform, only when there is an awareness on the part of officers of the consequences which may ensue if they do not perform.” The Constitution Bench further said: “If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance.”However, this control over services would not extend to the senior bureaucrats dealing with land, law and order and police, which remain under the control of the Central government. Having cleared the air over the control of administrative services, the court in a yet another significant ruling said that the Lt. Governor shall be bound by the decision of the Delhi government over services, except for those relating to land, police and law and order. Clarifying that the Lt. Governor shall exercise administrative powers as entrusted by the President of India, the Constitution Bench said that Lt. Governor’s executive administration can only extend to matters which fall outside the domain of the legislative assembly. The LG’s administrative power is limited to the powers entrusted by the president and the same cannot mean to include the whole of administration over the NCTD, the Bench noted. “Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile,” the court said. P12 Sudhanshu Mittal’s name in FIR against judge STATESMAN NEWS SERVICE NEW DELHI, 11 MAY Local Bharatiya Janata Party leader Sudhanshu Mittal’s name features in the First Information Report under the Prevention of Corruption Act filed against the now-suspended Special CBI judge Sudhir Parmar by the Haryana Anti-Corruption Bureau. According to an audio recording forming part of the FIR, the judge claimed to have met Mr Mittal, the brother-in-law of Lalit Goyal, arrested in 2021 for offences under the Prevention of Money Laundering Act, and assured him of several concessions in the course of judicial proceedings. Goyal, who heads the IREO group, was arrested after being accused of defrauding home buyers and siphoning off funds received from them. The name of Mr Mittal, a close associate of deceased BJP leader Pramod Mahajan, has often been linked with the real estate company, although he denies any involvement in its affairs. The FIR quotes an audio recording to say that Mr. Parmar met Mr. Mittal and Mrs. Lalit Goyal and “assured them that although he cannot release Lalit Goyal on bail in PMLA case, yet he would favour him by dealing with him in court in a respectful manner and not harass him by issuing frequent warrant/notices, or denying permission to visit abroad etc. and make him feel at home while in court.” The FIR describes the alleged dealings of Mr. Parmar with the promoters of two Gurugram-based realty companies, IREO and M3M, and relies on source information, audio recordings and WhatsApp chats. Cases under various sections of PMLA and under Section 120-B of the Indian Penal Code have been registered against the judge for allegedly showing favouritism in lieu of undue advantage to Roop Bansal and his brother Basant Bansal of M3M and Lalit Goyal of IREO, accused in CBI and ED cases pending in the special court presided over by him. The FIR says: “The source has provided screenshots of WhatsApp chats between Parmar and another person in which in he demands Rs 5 crore to Rs 7 crore for helping the M3M owners in ED cases and requests the person chatting with him to receive the bribe on his behalf. In the same chat, the person says that Rs 5 crore has already been given to Parmar by the accused in the IREO case”. Mr Parmar is also accused of having used his earlier position as Additional District and Sessions Judge, Gurugram, to establish contacts with the realtors and get his nephew, Ajay Parmar appointed as Legal Adviser to M3M at a salary of Rs 12 lakh per annum. When he was transferred as Special CBI Judge, this was hiked to Rs 18-20 lakh per annum, according to the FIR. The FIR was registered last month after seeking permission from the Chief Justice of the Punjab & Haryana High Court, who placed Mr Parmar under suspension on 27 April. ‘Technology not for dominance, Maha crisis: Guv erred, says SC, but refuses to reinstate Uddhav but growth & development goals’ STATESMAN NEWS SERVICE NEW DELHI, 11 MAY In a moral victory for the Uddhav Thackeray-led faction of the Shiv Sena, the Supreme Court on Thursday faulted former Maharashtra Governor Bhagat Singh Koshyari for asking Mr Thackeray, then the Chief Minister, to face a floor test when there was no objective material before him to draw the conclusion that Mr Thackeray had lost the confidence of the House. The court, however, refused to put the clock back and reinstate Mr Thackeray as chief minister. “The Governor was not justified in calling upon Mr. Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him, to reach the conclusion that Mr. Thackeray had lost the confidence of the House. However, the status quo ante cannot be restored because Mr. Thackeray did not face the floor test and tendered his resignation,” said the five-judge Constitution Shiv Sena (Uddhav Balasaheb Thakarey) chief, Uddhav Thackeray with party leader Sanjay Raut speaks at Matoshree, in Mumbai on Thursday. ANI Bench headed by Chief Justice D Y Chandrachud. Stating that they cannot quash the resignation by Mr Thackeray which he had tendered voluntarily, the five-judge Constitution Bench, also comprising Justice M R Shah, Justice Krishna Murari, Justice Hima Kohli and Justice Pamidighantam Sri Narasimha said: “The Governor was justified in inviting Mr Eknath Shinde to form the government.” The Thackeray camp had sought the court’s intervention to restore the status quo ante in the case. Noting that there was no objective material before Governor Koshyari to ask Mr Thackery to face floor test, the Bench pointed out that only thing that the Governor had with him was the 21 June 2022 resolution by MLAs loyal to Mr Shinde expressing discontent. There was nothing in the resolution to show that they wanted to exit the government or that they wanted to withdraw support from the government, the constitution bench said, noting that some of the MLAs were ministers in the Thackeray-led Maha Vikas Aghadi government. Floor tests cannot be used to resolve inter or intra-party disputes, the court said. The MLAs’ statement that there was a threat to their life and liberty or that they did not have adequate security was not a reason to conclude that a government had fallen, the Bench said, holding: “This was an extraneous reason that was considered by the Governor.” Holding that the Governor’s discretionary powers are for explicitly stated subjects in the Constitution, the Bench said that the opposition or BJP leader Devendra Fadnavis could have moved a vote of no-confidence but they did not. The Governor did not have any objective material, and exercise of discretion of the Governor in this case was not in accordance with law, the court concluded. The Bench said that it was referring the Nabam Rabia ruling by an earlier five-judge Bench to a larger 7-judge Bench. In the Nabam Rabia judgment the court had ruled that the Assembly Speaker cannot proceed with a plea for disqualification of MLAs if a prior notice seeking his removal is pending decision in the House. The court also said that the Speaker’s decision to appoint a member of the Shinde camp as the Shiv Sena’s whip was illegal as it was the political party and not the legislature party that appoints the whip and its leader to lead the legislature party. “The political party and not the legislature party appoints the Whip and the Leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party.”, the court said while making it clear that the edifice of the 10th Schedule of the Constitution for curbing defection was party centric. STATESMAN NEWS SERVICE NEW DELHI, 11 MAY Prime Minister Narendra Modi on Thursday said India is moving ahead in every field to emerge as a tech leader, but the country does not consider technology as a medium for dominance, and wants to use it to achieve faster economic growth and sustainable development goals. He was addressing a programme to mark the National Technology Day, 2023, at Pragati Maidan. The programme marked the commencement of the 25th year celebrations of the Day, being held from 11 to 14 May. Mr Modi said on this day, India’s scientists achieved a stupendous feat in Pokhran which made the entire nation proud. “I can never forget the day when Atal Ji made the announcement of India’s successful Nuclear Testing,” he said. The test not only helped PM Narendra Modi being felicitated at the inauguration and laying the foundation stone of various projects at National Technology Day 2023, in New Delhi on Thursday. ANI India prove its scientific capabilities, but also gave a boost to India’s global stature, the Prime Minister said. The Prime Minister said if technology was employed for social advantage, it could be a means for empowerment of society, and a way for social justice and removal of social inequalities. There was a time when carrying credit or debit cards was a sta- Not Kashmir, Jammu region is now on radar of terrorists Pak’s SC orders release Between the year 2021 and now, the security forces have lost about two-anda-half dozen soldiers in various militant strikes in Jammu region SHAMSHER CHANDEL CHANDIGARH, 11 MAY The focus of the terror groups in J&K has shifted from terror-infested Kashmir to the areas of Poonch and Rajouri falling in the Jammu district. Out of seven major terror attacks in the past couple of years, five attacks have taken place in the Jammu area – two in Poonch, one in Sunjawan, and one each in Nagrota, and Rajouri. Those in the know say “It is a sign of desperation.” “The military and police both have largely been able to curb the terror activities in the Valley and now the terrorists have started focusing on the Jammu region. However, this is a shortsighted exercise on their part and will not pay off,” said retired DGP of Jammu and Kashmir K Rajendra. Endorsing his point of view is Major General (retd) DS Rana who has served in the Valley. “Kashmir Valley is choc-abloc with security personnel. Also, it is under the direct control of the Centre. As a result, the terrorist group has started focusing on areas south of At the same time, the casualties in Kashmir have drastically come down compared to the period before Article 370 of the Constitution was repealed. Pir Panjal which happens to be Jammu and the surrounding areas. Aiding the terrorists with some ease is the increased use of drones for the supply of weapons which has to be addressed. But yes, their focus is the bordering areas of Jammu because the government’s focus has mostly been the Valley.” While in Punjab the BSF is able to intercept the drones from across the border with success, in the hills of Jammu, the same is not possible due to irregular topography. On 30 November 2016, seven soldiers were killed when terrorists entered a military camp in Nagrota which is part of Jammu division. Similarly, on 10 February 2018, Sunjuwan Army Camp again in Jammu district was attacked in which six soldiers and a civilian were killed. After this, there was a lull till the Pulwama suicide bomber attack took the lives of 40 CRPF soldiers. In more recent times, first, the Poonch attack took place on 20 April this year in which five soldiers were killed. On 5 May the Indian army soldiers cordoned off the area in the vicinity of the interconnected caves in the Kandi forests where terrorists behind the Poonch attack were believed to be hiding. However, when the soldiers closed in on them, the terrorists exploded an IED and followed it up with indiscriminate firing which killed two sol- diers on the spot. The total number of soldiers lost in this particular incident is five. A retired army general, unwilling to be named, said that a convoy or a single moving (military) vehicle is a soft target and easiest to be targeted. And the attack on April 20 happened precisely due to that. Between the year 2021 and now, the security forces have lost about two-and-a-half dozen soldiers in various militant strikes in this region. At the same time, the casualties in Kashmir have drastically come down compared to before Article 370 was repealed. Sources say, there are sleeper cells on the entire 225-km long border of Poonch and Rajouri, and that is why the terrorists find themselves facilitated in carrying out terrorist activities in the area. DGP Jammu and Kashmir Dilbagh Singh said: “That support is being provided to the terrorists from across the border. Their modus operandi was to attack the army truck where there was a road bend and the speed of the vehicle was zero.” of ex-PM Imran Khan DAWN/ANN ISLAMABAD, 11 MAY Pakistan’s Supreme Court (SC) on Thursday termed former prime minister Imran Khan’s arrest in the Al-Qadir Trust case “unlawful” and directed him to appear before the Islamabad High Court (IHC) tomorrow (Friday). It instructed that the Pakistan Tehreek-e-Insaf chairman should be “immediately released”. The top court said that Imran would be kept at the Police Lines Guest House but would not be considered a prisoner, and directed the Islamabad police chief to ensure the ex-premier’s security.“The government would have to guarantee Imran’s security,” Chief Justice of Pakistan (CJP) Umar Ata Bandial instructed. The directives were issued as a three-judge bench comprising the CJP, Muhammad Ali Mazhar and Justice Athar Minallah resumed hearing Imran’s plea against his arrest. Earlier in the day, the court had tus symbol, he said. Today, UPI has become the new normal, and is used even by vendors for daily business. Mr Modi said India is now among the countries with the highest data use. There are more internet users in rural India than in urban centres. JAM trinity, GeM portal, CoWin portal, e-NAM are making technology an agent of inclusion, he said. Naveen Patnaik meets PM; says no possibility of third front STATESMAN NEWS SERVICE NEW DELHI, 11 MAY Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan at the SC of Pakistan, in Islamabad on Thursday. ANI directed the National Accountability Bureau to present Imran before the court.Subsequently, the PTI chief was presented in court amid tight security a little after 5:45pm. A Dawn.com correspondent present at the scene said that the former prime minister was taken inside the SC via the judges’ gate.When the hearing resumed, after Imran’s arrival in court, the CJP called the PTI chairman to the rostrum and said: “Happy to see you.” See Pg9 Odisha chief minister Naveen Patnaik today met Prime Minister Narendra Modi and later ruled out the possibility of a 'third front' being formed in the run-up to the Lok Sabha elections next year. “No, as far as I am concerned. Not now,” he said when asked by reporters if he saw the possibility of a third front. Asked if his Biju Janata Dal would go it alone in the elections, Mr Patnaik said; “that has always been our position.” On his meeting with Modi, he said: “'I met the Prime Minister and we discussed issues related to Orissa's demand. I spoke for the International Airport that we have to set up in Puri, Bhubaneswar is getting too much traffic now that's why we want an expansion. The Prime Minister said that he will definitely help in every way possible.”
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