07042017-TTC-01.qxd 4/7/2017 1:20 AM Page 1 13 established in 1881 friday,april 7, 2017 chandigarh | gurgaon | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 137 no. 95 | 18 pages | ~4.50 | regd. no. chd/0006/2015-2017 /thetribunechd /thetribunechd 3soldiersburied underavalanche inBataliksector Moderate snowfall and rainfall lashed Srinagar and Anantnag on Thursday. Authorities ordered closure of schools even as the road link to Kashmir remained cut off. MOHD AMIN WAR P13 In Shimla, a stretch on Kalka national highway caved in near Tutikandi following severe hailstorm. Work on a ropeway was in progress at the site. Traffic was diverted to the old bus stand. P12 SRINAGAR: The Army on Thursday launched an operation to locate three soldiers buried under an avalanche in the remote Batalik sector of Kashmir Division’s Kargil district. An Army official said fresh snowfall triggered multiple avalanches, one of which buried an Army post in Batalik with five soldiers inside. Two of the soldiers had been rescued. He said specially-equipped avalanche rescue teams were searching for the other three soldiers. A high-danger avalanche warning has been issued for Kargil district and a medium-danger warning for districts of north Kashmir following heavy rainfall and snow in the region. —TNS ~100-crore black money: I-T raids at 50 locations Gaikwad ‘regrets’ conduct Punjab-Haryana HC as Sena MPs heckle minister set to get more judges Woman scribe sustains serious injuries in attack New Delhi: The Income Tax Department on Thursday conducted searches at over 50 locations as part of its crackdown against tax evasion to the tune of over Rs 100 crore, its first major action after the black money disclosure window of PMGKY closed recently. Officials said the first set of raids were conducted against an Ahmedabad-based real estate and infrastructure player. Tax sleuths visited 30 locations in cities like Rajkot, Mumbai, Delhi, Hyderabad and Ahmedabad and multiple entities and people have been brought under the ambit. PTI New Delhi: After days of obstinacy, Shiv Sena MP Ravindra Gaikwad on Thursday regretted his misconduct on a recent Air India flight, paving the way for the revocation of the flying ban imposed on him by domestic airliners. “I write to convey my regrets for the unfortunate incident on March 23 in Air India Flight 852,” Gaikwad wrote to Aviation Minister Ashok G Raju hours after Shiv Sena colleagues heckled the latter, triggering unruly scenes in the Lok Sabha. PAGE 11 New Delhi: A 45-year-old journalist sustained serious injuries in an attack by unidentified persons while out for a walk at a park in Bharat Nagar area of northwest Delhi. “Aparna Kalra had gone for a routine walk at 6 pm on Wednesday and around 7.30 pm we received a call saying she had been brought unconscious to a hospital,” her uncle HC Bhatia said. After undergoing cranial surgery, her condition is said to be stable. “She has sustained severe injuries to her brain and skull. She was hit with iron rods.” Kalra was currently freelancing. TNS Chandigarh: The Punjab and Haryana High Court is all set to get more judges, with the names of seven advocates reportedly being cleared for elevation. So far, there is no official confirmation. They are former Punjab Additional AG Mahabir Singh Sandhu, former Haryana Senior Deputy AG Rajbir Sehrawat, senior advocate Anil Kshetrapal, Maj Sudhir Mittal (retd), Harnaresh Singh Gill and Avnish Jhingan. Also, names of three district and sessions judges from Punjab were recommended for HC judgeship. The names were recommended in July last year by the HC collegium. TNS HC on Jat stir violence probe: Why is Haryana Police degrading itself? Saurabh Malik Tribune News Service Chandigarh, April 6 The Punjab and Haryana High Court today asked Haryana to submit a panel of officers who could probe cases of violence during the 2016 Jat reservation agitation “independent of the state government”, paving the way for the constitution of a special investigation team (SIT). It is miffed at the “dismal” investigation by Haryana Police in 2,000-plus FIRs registered during the period. The Bench also made clear its intention of handing over the Munak Canal breach case to the CBI. It asked the premier investigating agency to inform the Bench whether it was willing to probe four cases registered in connection with the breach. It also took note of submission by the amicus curiae or the friend of the court Anupam Gupta that former DGP Prakash Singh, who submitted reports to the government on police functioning, could be asked to supervise the probe. “In view of the dismal picture, we consider it appro- priate that some intervention by the court is necessary. We feel an SIT needs to be constituted,” the Bench observed. The developments took place after the Bench expressed its extreme displeasure over non-identification of culprits despite CCTV footage and attempts by the Haryana Police to project an impressive number of cases as not serious. As the case came up for resumed hearing, Justices SS Saron and Darshan Singh were told that just 202 cases fell in the category of serious. The assertion came about a fortnight after the state counsel undertook to prepare a synopsis of serious cases. The intention was to concentrate on important cases out of all FIRs registered in connection with the controversy. The Bench categorically said it was “not convinced” as even cases of rioting had been dubbed as non-serious. “How can you say cases of mischief by fire registered under Section 436 of the IPC triable by the Court of Sessions are nonserious?” it questioned. continued on page 11 Maintenance even if wife deserted: SC Satya Prakash Tribune News Service The dried-up Harike wetland after the water flow was stopped. Rare acquatic species feared dead at Harike GS Paul Tribune News Service Amritsar, April 6 With the flow of the Beas towards the Ferozepur and Rajasthan feeder halted on March 27 for repair works, rare acquatic species at the Harike wetland are feared to have died for want of water. Efforts are now on to rescue the Indus dolphin, say sources. Normally 30,000 cusecs of water flows into the Harike wetland, a confluence of the Sutlej and Beas rivers. However, it measures just 3,770 cusecs as of now. The wetland is home to at least 26 species of fish, including rohu, catla, puntius, cirrhina, chhanna, mystus, chitala, cyprinus, ambassis ranga, besides the Indus dolphin which was discovered in 2007 at two points upstream Beas. The World Wide Fund For Nature (WWF), Punjab, says pond areas in different pockets of the Harike wetland have dried up. Its chairman Gunbir Singh squarely blames the sudden stopping of waters for the rampant destruction of aquatic life. “At least 90 per cent of rare species of fish and turtle are dead. The Indus dolphin, the pride of this wetland, is in danger too. To make matters worse, encroachers have continued on page 11 New Delhi, April 6 The Supreme Court today ruled that a man is bound to pay maintenance to his divorced wife even if he obtains the divorce after proving desertion or adultery on her part. Giving a liberal interpretation to Section 125 of the Criminal Procedure Code (CrPC) that deals with maintenance, a three-judge Bench headed by Chief Justice of India JS Khehar said it was a social welfare legislation meant to give succour to women in need and save them from destitution. Under Section 125(1) of the CrPC, a court can order a man to give monthly maintenance to his wife, including a divorced one, if there is sufficient proof that he neglected her or refused to keep her. However, Section 125(4) says: “No wife shall be entitled to receive an allowance under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.” Section 125(5) makes adultery and desertion grounds for cancellation of maintenance. The wife’s lawyer, Anil Nag, argued that a strict interpretation of the law on maintenance would deprive a woman judicially separated from her husband of any financial help. Noting that the purpose of Section 125 was to prevent destitution of women, the top court said: “One has to see the legislative intent behind the law. It is a beneficial legislation. The interpretation should be to support the cause of woman.” The Bench’s ruling is in tune with earlier verdicts by two-judge Benches that consistently took a liberal view of the law on maintenance. The order came on a petition by a man from Mandi in Himachal Pradesh employed with the Sashastra Seema Bal (SSB) who challenged an April 9, 2015 order of the HP continued on page 11 AJL plot: CBI booksHooda Sushil Manav Tribune News Service Chandigarh, April 6 The Central Bureau of Investigation (CBI) has booked former Haryana Chief Minister Bhupinder Singh Hooda for criminal conspiracy, criminal breach of trust, cheating and misuse of official position in the alleged re-allotment of a plot to Associated Journals Limited (AJL) in Panchkula in 2005. In an FIR registered by the CBI on April 5, Hooda has not been mentioned by name but as Chairman of the Haryana Urban Development Authority (HUDA), a position he held as CM at the time of reallotment. Besides, the then HUDA Chief Administrator, the then HUDA Administrator, the then Financial Commissioner of the Town and Country Planning Department and the AJL, the beneficiary of the re-allotment, have been booked. The AJL is reportedly controlled by senior Congress leaders, including the Gandhi family. The group ran the newspaper National Herald. The FIR under Sections 409, 420 and 120-B of the Indian Penal Code has been registered on the written requests of the Haryana Government, the notification of the Union Government and on the complaint of Ashok Kumar, DSP , State Vigilance Bureau, Revive Babri case: CBI; SC reserves order Satya Prakash Tribune News Service ‘UNDUE’ FAVOUR EXTENDED IN 2005 ■ August 24, 1982: HUDA allots plot in Panchkula to Associated Journals Limited, controlled by senior Congress leaders ■ October 30, 1992: Plot resumed because of non-construction ■ October 10, 1996: AJL appeal dismissed by Town and Country Planning Dept ■ August 28, 2005: Bypassing rules, plot re-allotted to AJL by the then HUDA Chairman (Hooda) ■ May 5, 2016: FIR registered at State Vigilance Bureau police station, Panchkula Haryana. The FIR mentions RS Gunjiyal, a DSP in the CBI, Chandigarh, as the investigating officer. The Haryana Government in its letter stated that on August 24, 1982, HUDA allotted a plot (C-17) in Sector 6, Panchkula, to the AJL. The plot was resumed on October 30, 1992 because of non-construction. continued on page 11 New Delhi, April 6 The Supreme Court today reserved its order on the CBI’s plea to revive conspiracy charges against senior BJP leaders LK Advani, Murli Manohar Joshi, Uma Bharti and others in the December 1992 Babri Masjid demolition case. A Bench of Justices PC Ghose and RF Nariman, that heard the matter for several hours, lamented that the matter was hanging fire even after 25 years. It termed the delay as “evasion of justice”. Sixteen years after a Lucknow Special Court dropped the charge of criminal conspiracy against senior BJP and VHP leaders in the case on a technical ground, the saffron leaders may be in for legal trouble with the Supreme Court hinting that it might revive the case. Indicating that it might shift the trial of the VVIP accused from a court in Rae Bareli to Lucknow, the Bench said in the interest of justice it would consider ordering a time-bound trial on a day-today basis to be completed preferably within two years. continued on page 11
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