CMYK FRIDAY 12 MAY 2023 Pages 12 |` 5.00|LC* www.thestatesman.com KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR MK STALIN RESHUFFLES CABINET FAULT LINES P6 WEATHER Partly cloudy sky.Maximum and minimum temperatures likely to be around 38 °C and 29°C respectively. RAINFALL: Nil RELATIVE HUMIDITY Min. 33 % Max: 38.1°C (+2) SUN RISES 04:60 hrs MOON RISES 23:55 hrs Min: 29.2°C (+2) SUN SETS 18:8 hrs MOON SETS 09:57 hrs TEMPERATURE P4 P5 New Moon on 19 May THUMBNAILS Women farmers take part in a protest to support protesting wrestlers in New Delhi on Thursday.  ANI HC forms SIT in Kaliaganj rape & murder case: Expressing dismay over the slow progress of investigation by the state police into the alleged rape and murder of a minor girl at Kaliaganj in North Dinajpur district, Calcutta High Court on Thursday constituted a three-member Special Investigation Team , including two retired offic- ers, to probe the matter. The SIT formed by Justice Rajasekhar Mantha comprises Special Commissioner of Kolkata Police, Damayanti Sen, retired IG Pankaj Dutta, and retired Joint Director of CBI, Upen Biswas. Pg2 STATESMAN NEWS SERVICE NEW DELHI, 11 MAY n 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 fivejudge Constitution Bench headed by Chief Justice D Y Chandrachud. Stating that they cannot quash the resignation by Mr Thack- I Shiv Sena (Uddhav Balasaheb Thakarey) chief, Uddhav Thackeray with party leader Sanjay Raut speaks at Matoshree, in Mumbai on Thursday.  ANI eray which he had tendered voluntarily, the fivejudge 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 discon- tent. 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 Gov- 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 SUPREME COURT ernor.” 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 noconfidence 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. SC backs Delhi govt in tussle with Centre on control over officers STATESMAN NEWS SERVICE NEW DELHI, 11 MAY In 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  The unanimous ruling by the five-judge Constitution Bench has brought down the curtains on a bitter standoff between the Centre and the Kejriwal government in Delhi on the issue of control over the posting and transfer of senior bureaucrats  The court also noted that the Lt. Governor’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. Delhi Chief Minister Arvind Kejriwal being felicitated by party leaders after the verdict of Supreme Court in New Delhi.  ANI legislative domain, the Constitution 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 collec- 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 D Y CHANDRACHUD CHIEF JUSTICE OF INDIA tive responsibility 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 perfor- mance.”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 P12 Sudhanshu Mittal’s name in FIR against judge Maha Governor erred but Shinde to stay: SC But court refuses to turn clock back, reinstate Uddhav Thackeray as CM Max. 86 % ‘BREAKING TENDULKAR’S RECORD WILL BE EMOTIONAL MOMENT’ FORMER JD-U PRESIDENT RCP SINGH JOINS BJP 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. 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 SC reserves verdict on plea for legal recognition of same sex marriage STATESMAN NEWS SERVICE NEW DELHI, 11 MAY 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. “We are reserving the judgement,” said CJI Chandrachud upon the conclusion of rejoinder arguments by senior advocate Abhishek Manu Singhvi appearing for a petitioner seeking a declaration recognising same sex marriage. The hearing saw the Central government strongly opposing the plea, contending that it would have bearing on a large number of issues including adoption covered by different statutes. The Centre had also questioned the maintainability of the petitions seeking legal recognition of same sex marriage. The Bench while limiting the scope of the issue to the Special Marriage Act without touching upon other consequential issues including adoption, had on the first day of hearing – 18 April – said that “It can- 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 theValley 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 Pir Panjal which hap- At the same time, the casualties in Kashmir have drastically come down compared to the period before Article 370 of the Constitution was repealed. pens 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 soldiers 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.” CMYK 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. 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 not decide everything before deciding anything”, leaving other issues to follow in due course of time for their resolution. The petitioners seeking declaration in favour of same sex marriage had argued that they want it under the Special Marriage Act without touching any personal law governing family ties amongst Hindus, Muslims, Christians and others. The petitioners seeking recognition of same sex marriage have sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said that “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from the Court allowing and enabling them to do so. 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.”