06072017-TTC-01.qxd 7/6/2017 1:14 AM Page 1 13 established in 1881 thursday, july 6, 2017 late city chandigarh | gurugram | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 1 no. 80 | 22 pages | ~4.50 | regd. no. chd/0006/2015-2017 /thetribunechd 4 CPSes lose post, HC gives 3 weeks, Haryana to appeal Destiny’s child PM Narendra Modi and Israeli PM Benjamin Netanyahu with Moshe Holtzberg, 11, whose parents were killed during 2008 Mumbai attacks, and his Indian nanny, who was given honorary Israeli citizenship, in Jerusalem on Wednesday. REUTERS BACK PAGE SC: Why no panel to appoint CEC Military standoff, civil distance New Delhi: A day after the NDA government named Achal Kumar Joti as the next Chief Election Commissioner to Nasim Zaidi, the Supreme Court on Wednesday questioned absence of a law prescribing proper process and procedure for appointment of CEC and ECs. PAGE 7 China fires another salvo, high-level group to sort out MBBS session from August 1 New Delhi: The government has compressed the timelines for admission to MBBS course to ensure commencement of the 2017-18 academic session from August 1, much earlier than in past when it would commence on September 30. The first round of counselling is from July 3-15 for central seats and July 16-24 for state seats. The second round will commence from August 1-7 (central seats). BACK PAGE Ajay Banerjee Tribune News Service New Delhi, July 5 China today again asked India to pull back troops from Doklam in the Sikkim sector to “avoid worsening of the situation” as it accused New Delhi of “trampling on” the Panchsheel pact by “illegally entering” its territory. It was weighing options on a travel alert for citizens visiting India, China added, charging India with “misleading” the public by saying that the Chinese had built a road near the Siliguri corridor. Amid the military standoff, on-ground postures of the forces are, for now, “nonaggressive” as a high-level dedicated group set up in 2012 is mandated to discuss such flare-ups. The military standoff is being conducted from a “civil distance” even as both sides have dug in heels at a spot on the Doklam plateau (10,000 feet) at the tri-junction of India, Bhutan and China. Both sides have pitched in tents and maintain a line for supplies, indicating readiness for a long haul. The area is disputed between Bhutan and China. India is there to help a friend. In January 2012, the two countries established a “Working Mechanism for Consultation and Coordination on India-China Border Affairs”. It has representatives of the Ministry of External Affairs as also the Ministry of Defence of either side. Its mandate under Article VI of the agreement says: “The working mechanism will address issues and situations that may arise in the border areas that affect the maintenance of peace and GST in J&K, new rules of game Cabinet nod was enough, Mehbooba took it to House Arun Joshi Tribune News Service Jammu, July 5 As the Jammu and Kashmir Assembly passed a resolution today for implementing GST amidst a protest by the Opposition, new red lines seem to have been drawn by the Mehbooba Mufti government that any Central law cannot be extended to the state without the issue being debated and given clearance in the state legislature. Till now, New Delhi needed the state Cabinet’s “concurrence” to extend Central laws to the state. Forty-six amendments have been extended with the “concurrence” of the state Cabinet since 1953. But now, the rules of game have apparently changed. The Peoples Democratic Party has propounded itself as being different from the other Kashmir-centric parties, bringing the legislature into the picture before extending GST into the state. Though symbolic, convening the special session indicated a change in approach. Earlier, the Government of India would take the route of the Presidential Order after “concurrence” of the state government — that is the Cabinet. Coalition partner BJP had voiced its helplessness on the matter, taking the plea that it had a strength of 25 in the House of 87 as compared to 28 MLAs of the PDP Party . chief and Jammu (West) MLA Sat Pal Sharma said, “Our party does not have enough strength to implement GST in its original form in the state.” It is a clear indication that the PDP has shown, and forcefully, that it would not accept anything from the Centre in its original form. “We will ensure that all safeguards are granted under Article 370 (that grants special status to the state),” Chief Minister Mehbooba Mufti maintained all throughout the GST debate. ‘Cable mafia’ is back on table Ruchika M Khanna Tribune News Service Chandigarh, July 5 To end the Badal family’s monopoly in transport business, the Punjab Cabinet today came up with a new policy that allows for higher government participation in the luxury bus service. The Council of Ministers also decided to scrap the Shivalik Dhauladhar Tourism Board set up three years ago to develop the area around Thein Dam. During an informal meeting later, senior ministers Navjot Singh Sidhu and Manpreet Singh Badal, both Sukhbir Badal-baiters, are learnt to have pressured Chief Minister Capt Amarinder Singh to initiate action against the cable transmission company, Fastway Transmissions, that “flourished” under the SAD-BJP government. The CM has been resisting pressure to act against the Badals, saying he was concentrating on rebuilding Punjab and a witchhunt was not on his agenda. Sources said the two ministers sought to discuss the issue of “cable mafia”. Sidhu had earlier spoken against Fastway. Alleging it /thetribunechd indulged in monopolistic practices and owed Rs 684 crore to the government, he had sent the company recovery notices. Sidhu and Manpreet are learnt to have “rather aggressively” put across their viewpoint, alleging that despite 1,100 notices, the company had failed to pay dues. The two ministers insisted that the “cable mafia” be finished in 10 days. The CM is learnt to have asked Sidhu to discuss the matter with the Advocate General as well as with departments awaiting payment by the company. Today’s issue is of 22 pages, including four-page Bathinda Tribune. tranquility and will work actively towards maintaining the friendly atmosphere between the two countries.” It is tasked with meeting at fixed intervals and “emergency consultations” can be convened mutually. In the past, similar standoffs have been resolved through diplomacy. The two countries do not have a demarcated border and the Line of Actual Control (LAC) is the de facto boundary all along the 3,488-km frontier. The Border Defence Cooperation Agreement inked in 2013 says: “If the forces come face to face... both sides shall exercise maximum self-restraint, refrain fromprovocative action, not use force or threaten to use force, and prevent exchange of fire.” (with agency inputs) Amid standoff, some signs of thaw too, see back page Chandigarh, July 5 In an embarrassment for the Haryana Government, the Punjab and Haryana High Court today set aside the appointment of four BJP MLAs to the post of Chief Parliamentary Secretary. Allowing a petition filed in public interest against the appointments, a Division Bench, however, gave MLAs Shyam Singh Rana, Kamal Gupta, Bakshish Singh Virk and Seema Trikha time for enabling them to file an appeal against the orders. The Bench of Justices SS Saron and Darshan Singh stayed the operation of the order for three weeks for the purpose. The state government, meanwhile, has decided to file a special leave petition (SLP) in the Supreme ‘Contrary to constitutional intent’ ■ The High Court has already struck down the appointment of CPSes in Punjab. In its order dated August 11, 2016, the court had held the post to be unconstitutional. “The appointments of Chief Parliamentary Secretaries are contrary to the constitutional intent of limiting the number of ministers or the size of the Cabinet. The appointments as made, therefore, are in fact a roundabout way of bypassing the constitutional mandate of the provisions of Article 164 (1A) of the Constitution and, therefore, have to be invalidated,” it had observed. Court, according to Advocate General Baldev Raj Mahajan. The order, nearly two years after the appointments by the Manohar Lal Khattar government, came on a PIL filed by lawyer Jagmohan Singh Bhatti, arguing that there was no provision for the post of CPS under the Constitution and such an appointment was a burden on the exchequer. Bhatti had also alleged that the CPSes, treated as de facto ministers, enjoyed financial benefits, including salary, travelling expenses, staff, medical and telephone bills as well as accommodation. Seeking directions for quashing the appointments, he had claimed that these were a waste of taxpayers’ money, besides being unconstitutional. Refuting the allegations, the Haryana Government, during the course of hearing, had claimed that the CPSes were not getting the same salary and allowances as the ministers. An Under Secretary had also claimed that the Parliamentary Secretaries were not included in the category of ministers. Elaborating, he had asserted that they were neither appointed as ministers on the advice of the CM, nor administered the oath of office and secrecy by the Governor. The Bench was told that the state had the right to create a post and fix salary and allowances. Moreover, the CPSes were appointed only to assist ministers in public interest in view of their multifarious duties and that the petition was based on factually incorrect, legally misconceived and distorted facts. — TNS HC allows Ashutosh body preservation Says Centre can enact law dealing with issues revolving around deaths Saurabh Malik Tribune News Service Chandigarh, July 5 In deep freezer for more than three years, the controversy surrounding “the cremation of the dead” came to an end today with the Punjab and Haryana High Court permitting the preservation of Divya Jyoti Jagriti Sansthan head Ashutosh’s body. Ashutosh was declared “clinically dead” by doctors on January 29, 2014. In a 42-page judgment with larger ramifications, a Division Bench ruled that belief in “samadhi” formed an essential part of mythology and religion around which a large part of Hindu and Indian philosophy revolved. History, too, was replete with examples An inside view of Divya Jyoti Jagriti Sansthan in Nurmahal. FILE where bodies were preserved. The Bench also called upon the Centre to consider enacting a law for deciding issues revolving around deaths, both natural and unnatural, on the pattern of the Coroners Act, 2008, in England. The Bench of Justices Mahesh Grover and Shekher Dhawan, at the same time, issued a slew of directions to prevent degeneration of Ashutosh’s body. “A team would be constituted by Ludhiana DMC, of which Jalandhar CMO would be a part. It would visit the place where the body has been kept to examine it and ensure its preservation in good state… “The sansthan would create a corpus of Rs 50 lakh to be retained in a bank in an FDR, which will ensure a security for the professional charges of the medical team,” the Bench added. Referring to his “son” Dalip Kumar Jha’s prayer for a DNA test, the Bench said he could raise it in a civil suit. “If such a course is adopted, the sansthan will not resist handing over a DNA sample from the body,” the Bench ruled. The Bench was hearing a bunch of appeals filed by Jha and other appellants against a single judge’s order of December 1, 2014, that the “godman” like any other living person was dead, while ordering the conduct of his last rites within 15 days. continued on page 11
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