19052017-TTC-01.qxd 5/19/2017 1:14 AM Page 1 13 established in 1881 friday, may 19, 2017 chandigarh | gurgaon | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 1 no. 32 | 18 pages | ~4.50 | regd. no. chd/0006/2015-2017 /thetribunechd /thetribunechd Hague stays Jadhav execution Foodgrains set to be Diplomatic victory for India as ICJ asks defiant Pakistan to implement ruling AP/PTI Simran Sodhi Tribune News Service New Delhi, May 18 The International Court of Justice (ICJ) today stayed the execution of Kulbhushan Jadhav until it rules on the merits of the case. The stay passed unanimously by the court is a diplomatic victory for India as it upheld its argument that Pakistan has violated the Vienna Convention. For Pakistan, it comes as a setback since the court did not accept its arguments that the 2008 bilateral agreement between India and Pakistan on consular access takes precedence over the Vienna Convention. While India welcomed the decision and said it was a matter of relief for everyone, Pakistan was quick to say that the United Nations’ highest court has no jurisdiction in national security matters. The Ministry of External Affairs said the ICJ order was “unanimous, favourable, clear and unambiguous”. MEA spokesperson Gopal Baglay said the “provisional relief provided by the ICJ is the first step towards ensur- INTERNATIONAL COURT OF JUSTICE RULING Pakistan shall take all measures at its disposal to ensure that Mr Jadhav is not executed pending the final decision in these proceedings... the court also decides that until it has given its final decision, it shall remain seized of the matters which form the subject matter of this order. Judge Ronny Abraham, ICJ PRESIDENT ❝ ing justice”. A statement by the office of Pakistan’s attorney general was in line with the position taken by their foreign office that the order of the ICJ did not change the status of Jadhav in any manner. “We are determined to pursue this case to its logical end,” said the statement. Pakistan foreign office spokesman Nafees Zakaria said India had been “trying to hide its real face” by taking the case of Jadhav to the ICJ. The ICJ, in its stay today, upheld India’s argument on the “urgency” of the issue. “Without prejudging the result, the ICJ considers that the risk or irreparable prejudice, the mere fact that Jadhav is under such a sentence and might be executed, is sufficient to demonstrate such a risk. There is considerable uncertainty as to when the decision on any appeal is rendered or when Jadhav will be executed,” said ICJ President Judge Ronny Abraham. What might make matters tough for Pakistan are the court’s observations that its orders are legally binding. Pakistan claims to have arrested Jadhav from the restive Balochistan in March last year for “espionage”. While India has accepted that Jadhav is a former naval officer, it has rubbished claims of his being a spy. Edit: Reprieve for Jadhav First stage, need to prepare for next step:AG Satya Prakash Tribune News Service New Delhi, May 18 As the International Court of Justice stayed the execution of Indian national Kulbhushan Jadhav, Attorney General Mukul Rohatgi expressed the hope that Pakistan could be forced to conduct a retrial in a proper and fair way, allowing him to have legal assistance. “It’s a big victory for India, a big day for human rights. It’s a big relief to Kulbhushan Jadhav India and Jadhav’s family. He can’t be executed during pendency of India’s case at the ICJ,” the Attorney General told The Tribune. Rohatgi said now it was clear that Pakistan had put up a charade of a trial. “The fact remains that Pakistan is not willing to give consular access to India to meet Jadhav.” The top law officer, however, said: “Today’s order is only a provisional measure. It’s only the first stage. Even on the issue of jurisdiction, the finding is a prima facie finding. Pakistan still maintains that the ICJ does not have jurisdiction in the matter. “We now need to prepare for the next step when our case will be taken up,” the Attorney General said. Asked what could be the best case scenario for India at the ICJ, Rohatgi said: “One way could be a retrial in a regular court with proper legal assistance and consular access being made available to Jadhav. Such a trial should be open to public. “The second and best case scenario for us could be that the ICJ says Jadhav should be repatriated to India,” Rohatgi said. More reports on page 10 ❝ Satisfied at ICJ order staying the execution of Kulbhushan Jadhav. Satisfied at the efforts of Harish Salve for presenting Indian case effectively. Narendra Modi, PM ❝ TheaICJ order has We come as great relief... are grateful to Harish Salve for presenting India’s case so effectively before ICJ. I assure that under the leadership of PM Modi, we will leave no stone unturned to save (him). Sushma Swaraj, EXTERNAL AFFAIRS MINISTER a for ❝ Asyoulawyerfeel40 years, get a of how judges are reacting. I felt a positive energy when I was arguing the case. I felt judges were connecting. I felt gratified. I did not feel that connection when the other side was arguing. Harish Salve, COUNSEL FOR INDIA has been trying ❝ India real face by to hide its taking the case of Jadhav to the ICJ... We are determined to pursue this case to its logical end. Nafees Zakaria, PAK ATTORNEY GEN SPOKESMAN Muslim Board now open to Pilibhit custody deaths: respond by July 7 advisory against triple talaq UP to against clean chit to jail officials Plea in HC Satya Prakash Tribune News Service New Delhi, May 18 In what may be considered a climbdown from its stated position in favour of instantaneous triple talaq, the All India Muslim Personal Law Board (AIMPLB) today agreed before the Supreme Court to ask all “qazis” to advise husbands to shun triple talaq, except under compelling circumstances. On the last day of the hearing on petitions challenging the validity of triple talaq, AIMPLB senior counsel Kapil Sibal told a five-judge Constitution Bench headed by Chief Justice of India JS Khehar that the Board had decided to issue a circular to this effect to all “qazis”. The AIMPLB’s submission came in response to a question by the Bench if it was possible to include in the nikahnama a provision to enable Muslim women to say no to triple talaq. “Can it be made possible to give an option to a wife that she can say she was agreeable to or not agreeable to it (triple talaq)? Give an option to wife to say ‘no’,” the Bench had asked the Board. Senior counsel Amit Chadha, who represented petitioner Shayara Bano, strongly objected to AIMPLB’s submission as it would still remain discriminatory. Interestingly, the All India Muslim Women Personal Law Board has adopted the arguments made by the Centre. “We are adopting the submissions of the Attorney General and senior counsel Indira Jaising,” AIMWPLB counsel Chandra Rajan said. The Bench reserved its verdict on the contentious issue after six days of marathon arguments for and against triple talaq. The verdict is expected in July when the top court reopens after the summer vacation. Shahira Naim Tribune News Service Lucknow, May 18 Taking up the 1994 custodial deaths of seven Sikh TADA prisoners in the Pilibhit district jail, the Allahabad High Court today asked the state government to submit its response by July 7. A Division Bench of Justices Ramesh Sinha and Umesh Chandra Srivastava took up the petition of Sukhveer Singh, Gurnam Singh, Harjindar Singh Kahlon and others, challenging the 42 jail officials going scot-free after the withdrawal of the Crime Branch (Crime Investigation Department) inquiry against them. The court allowed the application for adding certain parties in the Sukhveer Singh and others case against the 42 accused persons then posted in the Pilibhit jail. Led by the then Jail Superintendent, Vindhyachal Singh Yadav, they were reportedly responsible for the custodial deaths of seven Sikh TADA undertrials on the night of November 8-9, 1994. Six of the convicts were recorded to have been continued on page 10 Plant a tree if you loved me, said Dave in his will Vibha Sharma tribune news service New Delhi, May 18 “Do not erect a memorial when I die, but plant a tree if you loved and respected me,” reads Union Environment Minister Anil Madhav Dave’s will (written in 2012). Known for his work in the field of river conservation, Dave, who died here today at the age of 60, had also expressed the desire to be cremated on the banks of the Narmada that runs through his home state of Madhya Pradesh A bachelor and a long-time RSS member, Dave was best known for crafting the BJP strategy that unseated Congress stalwart Digvijay Singh as Madhya Pradesh Chief Minister in 2003. The Union Cabinet, that met here this afternoon, passed a condolence resolution and observed a two-minute silence in his memory. Dave, who had not been keeping well for a while, was rushed to AIIMS after he complained of uneasiness this morning. The untiring Dave worked almost till his last breath, despite his failing health. Hours before his demise, he had met civil society groups protesting against the nod to GM Mustard. Last evening, he was with the Prime Minister, “discussing key policy issues”. Born on July 6, 1956, at Bar- Anil Madhav Dave 1956-2017 nagar, Ujjain, Dave took to social work early in life. He founded an NGO called “Narmada Samagrha” for saving the river. A postgraduate from Gujrati College, Indore, he specialised in Rural Development and Management. In the BJP he was known , for his immense organisational skills, perhaps honed by his long association with the Jana Sangh. Dave shot into prominence in 2003 when he, as chief of its election management committee, crafted a strategy that led to the defeat of Digvijay Singh. Soft-spoken but politically astute, Dave continued to head the panel till about 2014. An NCC air wing cadet, he was a trained pilot, who flew a Cessna 173 aircraft over the Narmada from the source to the mouth, and also completed a 1,312-km raft journey along the entire length of the river. A prolific writer, he authored several books in Hindi and in English. As founder of Jan Abhiyan Parishad, he edited the monthly magazine “Charaiveti” and the Jan Abhiyan Parishad Journal. After he became a member of the Rajya Sabha in 2009, he was appointed a member of the Committee on Water Resources. Congress’ Jairam Ramesh described Dave as a “very nice man” who supported him during his stint as UPA’s Environment Minister. Meanwhile, Science and Technology Minister Harsh Vardhan has been given additional charge of the ministry. cheaper under GST 5% levy on sweets; aerated drinks, cars in 28% bracket Srinagar, May 18 Foodgrains will cost less from July 1 when the nationwide Goods and Service Tax (GST) is expected to be rolled out as the GST Council today decided to exempt the daily-use commodities from the levy. Common use products like hair oil, soaps and toothpaste will be charged a single national sales tax or GST of 18 per cent instead of the present 22-24 per cent tax incidence through a combination of central and state government levies. The GST rates for all but six items were finalised on first day of the two-day meeting here of the GST Council, headed by Union Finance Minister Arun Jaitley and comprising state representatives. Milk and curd will continue to be exempt from taxation when GST replaces current indirect taxes. ‘Mithai’ or sweets will attract 5 per cent levy. Daily-use items like sugar, tea, coffee (barring instant coffee) and edible oil will attract the lowest tax rate of 5 per cent, almost the same as current incidence. Prices of foodgrains, especially wheat and rice, will come down as these will be exempt from GST. Currently, some states levy Value Added Tax (VAT) on them. ONLY SIX ITEMS LEFT ❝ GST rate for all but six out of the 1,211 items has been decided on the first day (of Council meet)... tax rate for items that would be decided on Friday include gold, footwear, branded items and bidi. The meeting will also decide on rate of tax for services. Arun Jaitley, FM Aerated drinks and cars will be in the 28 per cent bracket. On top of the peak rate, small cars will attract a 1 per cent cess, mid-sized cars will attract 3 per cent and luxury cars 15 per cent. On gold, states demanded a 4 per cent tax even though the rate is not among the 5, 12, 18 and 28 per cent approved bands. ACs and refrigerators will fall in the 28 per cent tax slab while life-saving drugs have been kept at 5 per cent rate. Jaitley said there would be no inflationary impact as most of the rates, which are at 31 per cent, have been brought down to 28 per cent. Coal will attract GST of 5 per cent as against the current tax incidence of 11.69 per cent. “Cereals will be in exempt list. But what is to be done with packaged and branded food has to be separately decided,” he said. Jaitley said the key feature of today’s rate decision has been that “tax rate under GST will not go up for any of the commodities”. “If any part does not conclude tomorrow, the council may decide a date to complete the discussion,” the Union Minister said. Revenue Secretary Hasmukh Adhia said of the 1,211 items, 7 per cent will be exempted, 14 per cent will be in the 5 per cent slab, 17 per cent in the 12 per cent slab, 43 per cent in the 18 per cent bracket, while 19 per cent will go into the top slab of 28. The GST is India’s biggest tax overhaul since Independence. — PTI/TNS
The Tribune, now published from Chandigarh, started publication on February 2, 1881, in Lahore (now in Pakistan). It was started by Sardar Dyal Singh Majithia, a public-spirited philanthropist, and is run by a trust comprising four eminent persons as trustees.
The Tribune, the largest selling daily in North India, publishes news and views without any bias or prejudice of any kind. Restraint and moderation, rather than agitational language and partisanship, are the hallmarks of the paper. It is an independent newspaper in the real sense of the term.
The English edition apart, the 133-year-old Tribune has two sister publications, Punjabi Tribune (in Punjabi) and Dainik Tribune (in Hindi).