SC's posers to govt on Army Chief's age
Friday 03 February, 2012: Round one of his battle on the age issue went to Army Chief Gen V K Singh when the Supreme Court gave an option to the govt to withdraw its order rejecting statutory complaint saying, it appears to be vitiated and against the principle of natural justice.
Giving the government a week's time and posting the matter for further hearing on 10th Feb, the Court on Friday said there were other remedies available for Gen Singh if the government withdraws its 30th December order.
Posing questions to the government, a Bench comprising justices R M Lodha and H L Gokhale said in that case Gen Singh's statutory complaint against 21st July order can be reconsidered by the authorities and there was also an option for him to approach the Armed Forces Tribunal or the High Court.
However, later the bench observed that approaching the Tribunal would not be the best option as only four months are left for him to retire.
It also said that though the tribunal is headed by a retired judge of the apex court, there are also members who come from the services and there is a possibility that they could either be junior or senior to Gen Singh at some point of time.
The apex court felt that the 30th December 2011 order rejecting Gen Singh's statutory complaint for treating his age as May 10, 1951 was "vitiated" as the decision taken by the authority was in consultation with opinion of the Attorney General on whose opinion also the first order was passed on 21st July last year.
"We are not concerned as much with the decision but we are concerned with the decision-making process which is vitiated as the July 21 order was also based on the consideration of opinion given by the Attorney General and when the statutory complaint of the Army Chief was decided on December 30, there also Attorney General's opinion was taken into consideration," the bench said on Friday.
The court, which said that the 30th December order, was against the principle of natural justice and principle of ultra vires, asked Attorney General G E Vahanvati to take instructions whether the Government would like to withdraw its 30th December 2011 order. The AG said he would do so.
Defence Minister A K Antony had issued an order on 30th December turning down the statutory complaint of Gen Singh that his date of birth be treated in Army's records as May 10, 1951 and not as May 10, 1950.
During the hearing, the bench observed that when it was held that Gen Singh's complaint was not maintainable, the only remedy he had was to approach the apex court.
At the outset, the bench questioned the decision-making process of the government and said "when the statutory complaint was made to correct the date of both to the Defence Ministry and how can again AG's opinion be taken once the decision was taken on his opinion".
"The material on record will not withstand the test of principle of natural justice and principle of ultra vires," the bench further said.
The Court said though Government is within its right to seek legal opinion from highest law officer, it wanted to know to what extent AG's opinion influenced the decision making process as he had reiterated his opinion when the Army Chief had filed his statutory complaint.
It said there was "no independent evaluation" of Gen Singh's complaint and pointed out that the same legal authority had given his opinion in both the cases.
"It was on your opinion that the July 21 order was passed and when the statutory complaint was made again your opinion is sought," the bench told the Attorney General.
"There is no problem in you giving opinion but the problem here is that the order passed by the authority (Defence Minister) in the name of the President is in consultation with your opinion," the bench said.
"What we have understood is that the decision-making process appears to have been vitiated," the bench said and added that the AG's opinion was in writing and the "impression is also that decision is on the basis of the AG opinion".
"We have to see that the basic of the administrative law that the priciple of natural justice and principle of ultra vires is not violated and we have to ensure that the decision making process is not influenced by the AG's consultation," the bench said.
Vahanvati, who was facing tough questions from the bench, said he has "no personal stake in the matter" and once offered to withdraw himself from arguing the case.
Solicitor General Rohinton Nariman joined the AG in defending the government action and said on the facts no prejudice is caused to Gen Singh.
However, the bench said "we are more concerned about Constitutional principles--whether this order of December 30 stands the test of constitutional principle of natural justice and principle of ultra vires.
"If we find that the decision which is before us is legally unsustainable because of violation of principle of natural justice and principle of ultra vires then it will have to go," and asked the AG whether the government wants to withdraw the 30th December order.
"Be clear whether you want to withdraw this December 30 order, or we quash the order" it said.
To this the Attorney General replied, "I will take instructions." "You take your position about this order," the court told him.
The bench also asked the government as to "why should the matter be not brought to an end".
It also asked Singh's counsel U U Lalit to take position keeping in view the strong objections raised by the Government.
The bench said if the government withdraws the 30th December order, Gen Singh "can file statutory complaint again" which will be referred to the Raksha Mantri.
However, it also clarified that it was neither "foreclosing" government objections nor "expressing any opinion on the merits of the case. Government said there were 25 disputed questions on facts of the case.
Gen Singh had moved the apex court in January this year accusing the government of treating him in a manner reflecting total lack of adherence to procedure and principles of natural justice in deciding his age.
The Army Chief took the unprecedented step of dragging the government to the apex court after the Defence Ministry had insisted upon treating May 10, 1950, as his official date of birth, necessitating his retirement on May 31 this year.
Challenging the government's decision to determine May 10, 1950, as his date of birth and not May 10, 1951, Gen Singh, in a 68-page petition, has maintained that his acceptance of 1950 as the year of his birth was given in good faith at the behest of the then chief of Army Staff and not due to agreement with the conclusion of the Military Secretary's Branch.
"The respondent (government) needs to explain as to why the senior most officer of the Army could be treated in a manner which reflects total lack of procedure and principles of natural justice and that too on an opinion obtained from the Attorney General," his petition said.
Gen Singh stated that the government's action and conduct in refusing to accept his contention on his birth date was affecting his image before the general public and the armed forces.
It was his right to have a dignified life, he pleaded in the petition, adding that an army chief has a right to retire with dignity.
Referring to the ministry's orders of 30th December and earlier rejecting his case, the Army Chief has said that these orders have conveniently ignored his matriculation certificate, entire service record including entry into service, promotions and annual confidential reports.
He has stated that being a highly decorated officer, he had received all his awards, decorations and promotions as per the date of birth being 10.5.1951.
Naxalism, terrorism, fundamentalism key challenges: PM
Friday 03 February, 2012: PM Manmohan Singh has termed Maoist violence, cross border terrorism and religious fundamentalism as key internal security challenges and favoured dealing them with firm and effective hands.
Addressing a conference of chief secretaries in New Delhi on Friday, Singh promised all possible assistance to the states in their efforts to deal with all internal security challenges.
"Serious challenges and threats, primarily from left wing extremism, cross border terrorism, religious fundamentalism and ethnic violence still persist. These need to be tackled with a firm and effective and yet sensitive hand," he said.
The Prime Minister said the internal security situation in the last one year was by and large peaceful and lauded the states in their efforts in maintaining peace.
"I must compliment the states for ensuring that the situation on the internal security front remains by and large stable in the last one year," he said.
Singh said the Central government will continue providing all possible assistance to the states in their efforts in this direction.
He also termed disaster management as yet another area that requires systemic attention.
"...these are issues of continuing importance and ones that require persistent efforts for their resolution," he said.
Singh, also emphasised on the need for better coordination between the Centre and States for ensuring probity, accountability and good governance.
Addressing a conference of chief secretaries of States and Union Territories, Prime Minister Dr Manmohan Singh said that it is unfortunate that the Lokpal and Lokayukta bill could not be passed by the Rajya Sbaha in the last winter session.
He said in the path of ensuring transparency and accountability we have a long way to go and we need to persist with our efforts to curb corruption in public life.
Dr Manmohan Sing asserted that the GDP growth this fiscal will be between 7 to 7.5 percent mostly due to continuing uncertainty in global economic environment.
Prime Minister said that the introduction of the Food Security Bill is a historic step.
Dr. Singh said the bill provides legal entitlements to appropriate nutrition for all.
He said it can only become a reality only if we can reform our Public Distribution System.
2G scam: Sharad Pawar defends Manmohan
Feb 3, 2012, MUMBAI: Union agriculture minister and NCP chief Sharad Pawar came out in strong defence of Prime Minister Manmohan Singh saying that the SC verdict cancelling 2G licenses was not an indictment of the government. He also ruled out that the 2G case will harm UPA's poll prospects in the assembly elections to five states.
Addressing a press conference, Pawar read out few paras of the judgement and said that the judiciary had taken note of the PM's letter to then telecom minister A Raja to ensure fairness and transparency in spectrum allocation.
"The judgement also says that the concerned minister had not bothered to consider the Prime Minister's advice. I don't think SC has passed any strictures against the PM. In fact, it has noted that the Prime Minister had done his job. So, PM and the UPA are not to be blamed," Pawar noted.
He, however, admitted that the 2G scam brought disrepute to the system and the government. When asked about collective responsibility of the government, Pawar said the spectrum allocation decision was taken by the individual ministry and not cabinet. He said adverse repercussions on India as an investment destination cannot be ruled out.
"Credibility and decision making process may be questioned." Pawar said ministers will now tend to adopt cautious approach and decision making may be delayed.
Replying to questions on whether UPA's electoral prospects, he said according to his assessment Congress is likely to win Punjab, and in Uttar Pradesh, Samajwadi party may form government with Congress and Ajit Singh's party.
"In Goa and Manipur, there will be no effect on the UPA partners," he said.
SC admits Gujarat govt's plea on Lokayukta
Friday, February 03, 2012, New Delhi: The Supreme Court on Friday admitted an appeal filed by the Gujarat government challenging the state governor's decision to "unilaterally" appoint Justice (Retd) RA Mehta as the Lokayukta.
A bench of justices BS Chauhan and JS Khehar said it would examine the matter at length as vital question of constitutional law is involved.
The bench said it will hear the matter at a stretch of three days from February 20.
The Gujarat government has challenged the state High Court order upholding the appointment of Justice Mehta as the Lokayukta on the ground that it was unconstitutional and done without its consent.
The Gujarat High Court had on January 18 upheld the appointment of Justice Mehta as the Lokayukta while sharply criticising Chief Minister Narendra Modi for his "pranks" that had sparked a "constitutional mini crisis".
In the petition filed on January 19, the state government sought stay of the High Court judgement and also of the August 25, 2011, order of Governor Kamla Beniwal by which the warrant of appointment of Justice Mehta as Lokayukta was passed.
In the petition filed through advocate Mahesh Agarwal, the Gujarat government said that substantial questions of law have arisen, including that of absence of advice by the council of ministers on the appointment of Lokayukta by the Governor.
It also objected to the use of "very harsh expressions and language" against Gujarat Chief Minister by the high court.
However, challenging the judgement, the government said "the Governor, while exercising function under section 3 of the Gujarat Lokayukta Act, 1986, is to act on the aid and advice of the council of ministers headed by Chief Minister and is not required to exercise the said function in the individual and personal capacity and discretion."
"In the present case, there has never been any advice by the council of ministers for the appointment in question and that, therefore, on this ground alone, the action under challenge deserves to be held constitutionally bad," it said.
The state said the warrant for appointment of Justice Mehta as Lokayukta could not have been issued and that too through the Governor without the aid and advice of the council of ministers.
The state government said personal discretion exercised by the governor in unilaterally issuing the warrant of appointment of Lokayukta was "unwarranted".
The high court had rejected the plea of the state, three months after it had given a split verdict.
Gujarat High Court Justice VM Sahai, who decided the matter as a third judge had said the "pranks" played by the chief minister on the Lokayukta issue "demonstrates deconstruction of our democracy".
He had said Modi's "questionable" conduct of "stonewalling" the appointment of Justice Mehta threatened the rule of law.
The Gujarat High Court had said there was no good reason to reject the name of Justice Mehta once the objections of the Chief Minister had been overruled by the Chief Justice.
Justice Sahai had described Modi's refusal to accept Justice Mehta's appointment as advised by the Gujarat High Court Chief Justice as "spiteful and challenging".
He had said the action demonstrated a "false sense of invincibility" on Modi's part.
Modi had insisted on Justice JR Vora to be appointed as Lokayukta but this was not accepted by the Chief Justice of the Gujarat High Court on the ground that the judge had been appointed as the Director of the Gujarat State Judicial Academy.
The state Governor had on August 25 last year appointed Justice Mehta to the post of Lokayukta, which had been lying vacant for the last eight years.
The state had challenged the appointment in the high court the very next day, saying the Governor had "bypassed" it.
Modi had maintained that the Governor had acted unconstitutionally in selecting the ombudsman as the state government had not been consulted.
On October 11 last year, a division bench of the high court had given a split verdict on the appointment issue.
While one of the judges had upheld the decision of the Governor, another judge had quashed the warrant of appointment issued by him, terming it unconstitutional. The matter was then referred to Justice Sahai.
Eleven bank lockers of Ponty Chadha sealed
Feb 3, 2012, NEW DELHI/LUCKNOW: Eleven bank lockers of liquor baron Ponty Chadha were sealed today by the Income Tax department which claimed to have seized cash and jewellery worth Rs 15 crore during searches carried out at his premises in U P and Delhi.
"Cash worth about Rs five crore and jewellery valued at about Rs 10 crore have been seized after operations were conducted at various places in U P and Delhi," I-T sources said after raids at the premises of Chadha and his associates.
Eleven bank lockers have been sealed. However, the premises, including a mall owned by Chadha in Noida near Delhi, covered during the searches are free for operation by the owners, they said.
The I-T sleuths have seized two laptops that have been sent for forensic examination at a department-owned laboratory in the national capital.
When contacted, a spokesperson of Waves Infratech, owned by Chadha, declined to get into specifics of seizures claimed to have been made by I-T and insisted that there was no wrongdoing by the Chadha group.
"There is no income which remains undisclosed to the government authorities," the spokesperson said reiterating what was put out in a statement by the real estate group.
The I-T department has acceded a request made by Chadha, who has returned after a visit to Dubai, that its operations be suspended in view of a family wedding on February 9, the sources said.
Chadha has promised to extend full cooperation to tax authorities in their probe of alleged tax evasion in his various businesses including liquor sale and real estate.
The tax department is scrutinising transaction bills claimed to be worth Rs 600 crore. They are examining over 5,000 pages of computer printed documents, papers of mining leases in U P and other investments made by Chadha, the sources said.
The tax department had begun the operations Chadha and his associates on February 1, covering 13 locations in Delhi including at the posh Sainik Farms, Lajpat Nagar, New Friends Colony while in UP, I-T teams comprising 200 officials, undertook similar operations at six locations in Noida, Moradabad and state capital Lucknow.
Respite from cold wave in Punjab, Haryana
Feb 3, 2012, CHANDIGARH: People today got respite from cold in Punjab and Haryana with mercury rising by a few notches above normal in the region amid cloudy weather conditions.
Narnaul recorded the lowest temperature in the region at 5.5 degrees Celsius.
The minimum temperature in Patiala touched the double digit mark at 10.1 degrees Celsius, three degrees above normal, the MeT office said here today.
Ludhiana and Amritsar in Punjab had a low of 9.1 degrees Celsius and 7 degrees Celsius, increasing by two notches above normal each.
Jalandhar had a low of 8.6 degrees Celsius, which was 3.4 degrees Celsius more than yesterday.
Chandigarh recorded minimum temperature of 9.2 degrees Celsius, up by two notches.
Hisar in Haryana had a low of 9.7 degrees Celsius, going up by three degrees, while mercury in Karnal and Rohtak settled at 7.9 degrees Celsius and 8.3 degrees Celsius respectively.
Ambala's minimum was 8.8 degrees Celsius which was up by two degrees above normal. The MeT Department in its forecast has predicted light rains or thundershowers at a few places in both the states in next two days though mist may occur in morning and evening.
