05122017-TTC-01.qxd 12/5/2017 1:24 AM Page 1 13 established in 1881 tuesday, december 5, 2017 late city chandigarh | gurugram | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 137 no. 335 | 26 pages | ~4.50 | regd. no. chd/0006/2015-2017 /thetribunechd HP set to move SC against NGT order ‘Would imperil Shimla Smart City Plan’ Pratibha Chauhan Tribune News Service IN A NUTSHELL ■ Till the time no relief is /thetribunechd CongmindssigninRahulashead Gandhi scion files papers for elevation as party chief, set for unchallenged election Aditi Tandon Tribune News Service New Delhi, December 4 Rahul Gandhi is all set for his unchallenged elevation as Congress president. He filed his nomination papers today, drawing complete support from the party and bitter criticism from the Prime Minister, who dubbed the development as “the start of Aurangzebi raj” in the Congress. The Congress election authority received 89 sets of nomination papers backing the party vice-president as the preferred candidate for the chief’s post. His mother and incumbent Congress president, Sonia Gandhi, signed the first set alongside nine leaders as proposers. She, however, skipped the filing process, sufficing to propose her son as her successor. Former PM Manmohan Singh led a show of solidarity with Rahul, who arrived at Congress’ Akbar Road headquarters sporting a splash of vermillion on the forehead, courtesy Pranab Mukherjee, former President, whom he met before starting his day. The Amethi MP also visited Manmohan Singh’s residence to seek his blessings Shimla, December 4 The Himachal Pradesh Government has decided to appeal against the order of the National Green Tribunal (NGT) banning construction in the state capital’s Core Area. In doing so, it has given in to public pressure. Various social organisations, including the Shimla Nagrik Sabha and Shimla Jankalyan Samiti, had threatened to move court against the November 16 order. The committee constituted to examine the implications of the order held a meeting here today. Sandeep Kumar, Director, Town and Country Planning, said though it would take some time to file an appeal, “a decision in this regard has been made.” The departments concerned will now go into detail as to how the NGT order will adversely impact each one of them. There will be strict compliance of the NGT order till the state gets relief. Senior officials claimed the NGT had gone beyond its jurisdiction, leaving lacunae for the government to go into appeal. “The height clause, stating that an 18-metre structure can be raised, has been misinterpreted as the height is based on the floor area ratio (FAR). Also, in a majority of cases, not more than three storeys are being raised in the Core Area,” explained an official. The government is likely to plead that the NGT order will jeopardise the Shimla Smart City Plan and other development projects. The NGT had banned construction activity in the town’s Core Area and in the 17 green belts where a similar ban existed since December 2000. Soldier, 2 militants killed in encounter Mallya has fraud case, UK court told Anantnag: A soldier and two militants were killed on Monday in an encounter triggered by an attack on an Army convoy in the Qazigund area of Anantnag district. The attack also left a soldier injured. The militants opened fire at a Srinagar-bound Army convoy at 1:20 pm near Bonigam village of Qazigund. PAGE 10 London, December 4 The extradition trial of Vijay Mallya, wanted in India on charges of Rs 9,000-crore fraud and money laundering, today began at a UK court here, with the prosecution asserting that the embattled liquor baron had a “case of fraud” to answer. The trial began with the Crown Prosecution Service (CPS), arguing on behalf of the Indian Government, presenting its opening arguments, which focussed on loans totalling around Rs 2,000 crore sought by the erstwhile Kingfisher Airlines from a consortium of Indian banks. The CPS admitted that there may have been “irregularities” in Death for rape of girls aged 12 or less in MP Bhopal: Madhya Pradesh may soon become the first state in the country where raping a girl aged 12 years or less could invite death penalty, with the state Assembly on Monday passing a Bill to this effect. PTI given, there will be strict compliance of the order ■ The NGT had fixed a fine of ~5 lakh for damage to trees, forests and hills, ~5,000 per sq ft for regularising self-occupied houses and ~10,000 per sq ft for commercial structures with deviations ■ A high-powered committee had been constituted by the NGT to ensure its order was implemented Former President Pranab Mukherjee applies “tilak” on the forehead of Congress vice-president Rahul Gandhi before the latter filed his nomination papers for party chief’s post on Monday. PTI and arrived at the Congress office with him. Later in the day, a battery of Congress leaders lined up to “hail the historic occasion marking the amalgamation of old and new aspirations”, exuding confidence in Rahul’s ability to deliver the Congress from electoral misfortune. “Rahul Gandhi is Congress’ darling. We trust his leadership. His hard work is sure to bear fruit one day,” noted Manmohan Singh. LONG WAY TO GO ■A judgment in the case is unlikely until early next year ■ If the judge rules in favour of extradition, the UK must order Mallya’s extradition within two months ■ However, the case can go through a series of appeals the internal processes of the banks sanctioning some of those loans but that would be a question to be dealt with at a later stage in India. “The focus will be on his (Mallya’s) conduct and how he misled the bank and misused the proceeds,” said CPS barrister Mark Summers. He then went on to lay out a chronology of events, with specific focus on a loan sought by Kingfisher Airlines from IDBI bank in 2009. The loan sought amounted initially to Rs 950 crore but was later reduced to Rs 750 crore, after it had received Rs 200 crore from UCO bank. Meanwhile, Mallya was also sanctioned a loan of Rs 150 crore from IDBI in advance of the larger loan Mass vocal support (45 leaders hailed his nomination) for Rahul was Congress’ way of answering the PM’s charge of nepotism in the party chief’s election. “There is an overwhelming consensus in electing Rahul Gandhi as the next Congress chief. We dismiss the PM’s remarks with contempt,” said party spokesperson Anand Sharma, the first to welcome the transition followed by other leaders, including Pun- sought from the state-owned bank to meet “critical obligations to overseas vendors”. The CPS noted that in all the loans sought, “loss-making” Kingfisher Airlines had relied on nearly the same set of security pledges, which included the UB Group’s reputation, Kingfisher’s own “brand value”, a promised infusion of equity funds and a projected return to profit by February 2011. The first day of the trial is expected to be taken up entirely by the CPS setting out a prima facie case against Mallya, out on bail since Scotland Yard executed an extradition warrant in April, The trial is scheduled to end on December 14. — PTI The NGT had on October 5 entirely banned protests at Jantar Mantar near Connaught Place, saying it created nuisance for residents and violated environment protection statutes. and protests in Central Delhi and the New Delhi areas. It was important to frame guidelines so that neither the fundamental right to protest was violated, nor was any inconvenience caused to the public, it noted. The continuous imposition of prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) was an “arbitrary and unreasonable restriction” on the fundamental rights of citizens to hold peaceful protest, contended the petition. “As per sub-section 4 of Section 144, an order can be issued for a maximum of two months. Therefore, the Delhi Police have adopted the tactic of issuing the same order repeatedly,” the NGO said, seeking quashing of several orders passed declaring entire Central or New Delhi areas as prohibited areas. — TNS Offender known in 95% rape cases Women more vulnerable to relatives than strangers: Crime records bureau Indore, December 4 Girls and women are more vulnerable to their relatives and acquaintances than unknown persons in case of gender crimes, the National Crime Records Bureau (NCRB) report for 2016 indicates. “In 2016, rape accused in 94.6 cases were none other than the victim’s relatives, including brother, father, grandfather and son, or acquaintances,” the report states. In 2016, a total of 38,947 cases of rape were registered in the country under the Protection of Children from Sexual Offences Act (POCSO) as well as Section 376 and other related Sections of the IPC. In 36,859 such cases, the accused were related to the victims. In 630 cases, the victims were allegedly raped by grandfather, father, brother and son; in 1,087 cases, the accused were acquaintances; and in 10,520 cases, the alleged offenders were neighbours. In 600 cases, employers and co-workers faced rape charges. In 557 cases, the accused were live-in partners, ex-husbands or husbands. Also, in 10,068 cases, the women were raped on the promise of marriage. In the remaining 11,223 cases, the victims in some way or the other knew the accused. Expressing concern over the figures, National Commission of Women (NCW) chairperson Rekha Sharma said: “In our society, there are a lot of restrictions on girls. But now the time has come when boys should be taught from childhood to treat women as per our social values.” As porn material was easily available on the Internet, parents should keep a watch on cellphones and computers, she added. — PTI Today’s issue is of 26 pages, including six-page Chandigarh Tribune and four-page Life+Style. New Delhi, December 4 Two Janata Dal (United) members — former president Sharad Yadav and Ali Anwar — were tonight disqualified as members of the Rajya Sabha by its Chairman M Venkaiah Naidu. A Rajya Sabha bulletin said that the Chairman arrived at the decision on the basis of material brought before him following a complaint during September by Ram Chander Prasad Singh, JD(U) leader in the House . The JD(U) had sought their disqualification on the grounds that they had attended a rally of opposition parties in Patna in violation of its direction. Sharad Yadav is expected to respond to his disqualification tomorrow. — TNS Ahmedabad, December 4 Prime Minister Narendra Modi, while dubbing as “Aurangzebi raj” the imminent elevation of Rahul Gandhi as Congress president, “congratulated” Congress workers for accepting such an “undemocratic” method of choosing a party president. “Yeh Aurangzebi raj aapko hi mubarak ho,” he remarked, claiming that “bankrupt of leaders”, the Congress had chosen a person on bail as its president. “Look at the Congress culture. It has selected an accused in a criminal case.” Modi, who addressed four rallies, quoted Congress leader Mani Shankar Aiyar while claiming the party followed dynastic principles of the Mughal era. “It was known that son of the badshah will be the next ruler. So what is surprising about Rahul taking over as Congress chief?” he asked. — TNS Ultimatecharmer, RIP press trust of india Sharad Yadav disqualified as RS member Modi mocks ‘Aurangzebi raj’ of Cong SHASHI KAPOOR 1938-2017 Minu Jain SC:Framenormsfororderly protests New Delhi, December 4 The issue of making Central Delhi and New Delhi out of bounds for demonstrators today reached the Supreme Court, which said guidelines should be framed to strike a proper balance between the citizens’ fundamental right to protest and the need to maintain law and order. A Bench headed by Justice AK Sikri issued notices to the Centre and the Delhi Police on a petition filed by Mazdoor Kisan Shakti Sanghatan (MKSS), an NGO, challenging the ban on all assemblies jab CM Capt Amarinder Singh, Cabinet colleagues Navjot Sidhu and Manpreet Badal, ex-CMs Bhupinder Singh Hooda, Sheila Dikshit and Harish Rawat, veterans Ghulam Nabi Azad, Ambika Soni, Kamal Nath and Sushil Kumar Shinde and youngsters Deepender Hooda, Sachin Pilot, Sushmita Dev and RPN Singh. Of the 89 sets, four saw Sonia Gandhi, Manmohan Singh and former ministers AK Antony and Azad as the lead signatories proposing Rahul’s name. Other proposers in these four sets (each has 10 proposers) were CWC members and AICC officebearers. The remainder forms came from state organisations. With Rahul required to sign each form proposing his candidature, the filing process took hours to conclude, following which the 47year-old Gandhi scion walked to his mother’s house next door to seek her blessings. Election authority incharge M Ramachandran, meanwhile, said he would tell tomorrow if Rahul had competition. “Tomorrow is the scrutiny of 89 forms, signed by 890 delegates,” Ramachandran said after Congress leaders in private confirmed Rahul was the lone contestant. A foregone conclusion, the official announcement on Rahul’s elevation won’t happen until December 11, the last date for withdrawals. It will, however, be unofficially known tomorrow after the scrutiny ends. Rahul would be taking over from her mother, the longest serving party chief, who assumed charge in 1998. More reports page 7 New Delhi, December 4 With those copybook good looks and that rakish smile, he was the stuff of teen crushes that evolved into wistful nostalgia as the years rolled by. Shashi Kapoor, 79, who passed away in Mumbai after a prolonged illness today, will be remembered for his many commercial films, his commitment to quality cinema when he turned filmmaker but also as the man who embodied ageless elegance. “He was God’s good man. He was such a beautiful human being beyond anything else,” director Shyam Benegal, who worked with the late actor in ‘Kalyug’ and ‘Junoon’, said. Shashi Kapoor was also effortlessly charming, whether at 25 when he was dancing around trees or at 65 when age and the famous Kapoor weight had slowed him down. The fame was destined, the legacy of quiet dignity the result of retaining a certain humility despite a lifetime under the harsh arclights. He was born an unprepossessing Balbirraj on March 18, 1938 in what was then Calcutta to Rama Devi and Prithviraj Kapoor — the son of a legendary actor LAST RITES TODAY Shashi Kapoor took his last breath at the Kokilaben Dhirubhai Ambani Hospital in Mumbai on Monday. “He had a kidney problem and was on dialysis for several years,” his nephew Randhir Kapoor said. President Ram Nath Kovind and PM Narendra Modi condoled the death of the popular actor. The funeral would be held on Tuesday morning. who went on to complete the famed Kapoor trinity with his older brothers Raj and Shammi. The tryst with cinema started in 1961 with Yash Chopra’s ‘Dharmputra’. The next two-and-a-half decades saw a dizzying line-up of films, some good, like ‘Kabhi Kabhie’ and ‘New Delhi Times’, others like ‘Fakira’ and ‘Ghar Ek Mandir’ eminently forgettable, even embarrassing. But Shashi Kapoor was not just a star, one more in an ensemble cast in the multi-starrers that were the vogue in the 1980s or another face in a brain dead Bollywood melodrama. He straddled two worlds with his partnership with James Ivory and Ismail Merchant resulting in films like ‘The Householder’, ‘Shakespearewallah’ and ‘Heat and Dust’ early in his career. The real turnaround came in 1980 when he started his own company Film Vala, diverting some of the money he had made in Bollywood into making films with the likes of Benegal and Aparna Sen. The partnership resulted in gems like ‘36 Chowringhee Lane’, which saw his wife, veteran theatre actor Jennifer Kendal, as an aging teacher in a changing world, ‘Junoon’, ‘Vijeta’, ‘Utsav’ and ‘Kalyug’. Shashi Kapoor himself acted in several of these films — his roles as an obsessive suitor in ‘Junoon’ set in 1857, as the brooding husband and father in ‘Vijeta’ and as the suave, conflicted Karan in ‘Kalyug’, a modern-day adaptation of the Mahabharata, saw the actor deliver some of his career’s finest performances. But Shashi Kapoor was more than just an actor, an inheritor of the Kapoor family legacy of showbiz and style or a filmmaker with undeniable class. continued on back page
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