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THE INDIAN EXPRESS, THURSDAY, JANUARY 21, 2016

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First Frame

SANCTIONS AGAINST
IRAN LIFTED: INDIA CAN
PAY A HIGH PRICE FOR
LOST OPPORTUNITIES

Opinion Poll
Do you support the new law
that permits felling of coconut
tree in Goa?

Pakistan attack: 25 killed as Taliban


militants storm Bacha Khan
University

Taliban gunmen attack Bacha Khan


University in Pakistan

MOST READ

MOST COMMENTED

Ind vs Aus, 4th ODI: India


lose 4th ODI by 25 runs

For BJP, being Dalit not the


issue, Rohiths support for
terrorism is

Yes

No

Cant say

Lenovo K4 Note second flash


sale on Amazon India today
Pakistan attack: 25 killed as
Taliban militants storm Bacha
Khan University

Rohith Vemula suicide:


ABVP leader claimed stomach
pain after assault, was
operated for appendicitis

17% 78% 5%
Vote Now
Should the PM intervene in the row
over the suicide of a Dalit student in
Hyderabad university?

JAMMU AND KASHMIR

1 killed as villagers clash with security


personnel during raid on militant hideout
MIR EHSAN

SRINAGAR, JANUARY 20
ARESIDENTof NainaBatporavillageinSouth
Kashmirs Pulwama district was killed during a clash between villagers and the police
thatbrokeoutsoonafteramilitantwaskilled
in an encounter in the area.
Soon after the encounter ended, some
people began rioting. Many security personnel sustained injuries and one person died
in the clashes, said Deputy Inspector
General of Police (South Kashmir) Nitish
Kumar. Following the clashes, the train service between Baramulla and Banihal was also
suspended.
The security forces exercised maximum
restraintand17securitypersonnel,including
an officer, got injured. A police vehicle was
also set ablaze by the mob. During the un-

controlled rioting, three rioters received


firearm injuries, out of which, one Parvaiz
AhmedGuroosuccumbedtohisinjuries.The
condition of other two rioters is said to be
stable, said police.
Medical Superintendent of SMHS
Hospital in Pulwama, Nazir Choudhary, said
that four men were admitted to the hospital
with bullet injuries.
Police have identified the slain militant
as Shariq Ahmed Bhat of Brow Bandana,
Awantipora.The20-year-oldhadjoinedmilitancy some nine months ago, said sources.
According to sources, the J&K Police,
Army and CRPF launched a search operation
in the village on Tuesday evening after they
received a tiff off about the presence of three
militants near Naina village.
As the search operation was underway,
militants opened indiscriminate fire on security forces. During the ensuing encounter,

21 jailed for running


arms camp in Kerala
Thiruvananthapuram: The NIA court in Kochi on
Wednesday sentenced one person to seven years of
imprisonment and 20 others to five years in a case
pertaining to an arms training camp held in Kannur
in 2013. All the convicted are activists of right wing
Muslim outfit Popular Front of India or its political
wing Social Democratic Party of India. They also have
to pay a fine of Rs 5,000 each.
The one to get seven years has been identified as
Abdul Azeez. The prosecution had arraigned 22 men
as accused, but one was acquitted.
According to the NIA, which took over the probe
from Kerala police, the men had been engaged in
training in the use of weapons and explosives. The
police had raided a house at Narath village in Kannur
district in April 2013, where the training was being
held under the pretext of yoga classes.
The items recovered during the raid at the house
included a human effigy, countrymade bombs and
materials for making bombs, the NIA said. ENS

EXPRESS EDUCATION

more than 50 civilians who got entrapped in


a nearby mosque were rescued safely by the
police...Meanwhile,alargenumberof rioters
reach the site of the encounter and started
pelting stones on the security personnel,
leading to clashes, said police.
Thedeathof thevillagerwascondemned
by political leaders with former J&K chief
minister and NC working president Omar
Abdullah tweeting: The tinderbox that was
Pulwama finally burst in to flames today. RIP
Parvez Ahmed Guroo. May your soul rest in
eternal peace. #Kashmir.
Hurriyat Conference chairman Syed Ali
Geelani, who has called a strike in South
Kashmir on Thursday, c alled it worst form
of state terrorism.
The chairman of the moderate faction of
theHurriyat,MirwaizUmarFarooq,alsocondemned the killing and said that one more
innocentwaskilledbytrigger-happyforces.

Contact for Advt. Booking: M/s Friends Publicity Service


Ph.:23276901, 23282028 (M): 9212008155, 9212665841.

Dalit profs threaten to quit


of the executive council sub committee
that took the decision to suspend the students including Vemula.
It was headed by an upper caste professor... and there are no Dalit faculty in this
sub committee. Incidentally, the dean of
student welfare who happens to be a
Dalit was notionally co-opted an an exofficio member of the committee. It is unfortunate that since its inception, no Dalit
representation has been given in this
council, the Forum stated.
Such a baseless and misleading statement coming from the honourable minister of HRD amounts to bringing down
the morale of Dalits holding administrative positions in this and other universities. By deflecting this issue, the honourable MHRD minister is absolving
herself and the honourable minister

Bandaru Dattatreya from being responsible for the death of Rohith Vemula, the
Forum said.
Meanwhile, the university is considering
dilution of the punishment meted out to
the students and possible closure of the
institution for a few days to lower tempers on the campus.
Sources in the university administration
said Vice Chancellor Appa Rao may soon
call an emergency meeting of the executive council (EC) to discuss the proposal.
Rao, university sources said, is in favour
of reducing the six-month suspension,
starting December 18, 2015, to one
month. Last November, the EC expelled
the five students, including Vemula, from
the hostel and barred access to public
places on campus. They were, however,
allowed to attend lectures and pursue

their research in the university. The students were punished for allegedly assaulting an ABVP student leader on campus.
If the law and order situation on campus
goes out of hand, the university could also
consider closing for a few days.
The students death is unfortunate but
this issue is now being used to further political motives. The university could also
close for some days to help normalcy return to campus life, said an official who
did not wish to be identified.
Irani told The Indian Express Wednesday
that she hadnt received any communication from the university regarding dilution in punishment meant for the remaining four scholars. An official reaction
from the university was not immediately
available.

ABVP leaders allegations overboard


(that they did not step in and help Kumar)
are untrue and baseless. As per the facts
revealed to us pursuant of the inquiry,
the petitioners ward N Susheel Kumar,
PhD student posed certain objectionable
message on Facebook page commenting
on the protest undertaken by student
members belonging to Ambedkar
Students Association (ASA) pursuant to
hanging of Yakub Memon. A group of
students intimidated by the comments
of Susheel Kumar went to his room and
questioned him. In the process, there
was a heated argument between students belonging to ASA and ABVP which
led to a scuffle.
The affidavit says that the allegation

that Susheel Kumar was attacked is a littleoverboardandthepetitionerisonlytrying to generate sympathy of this Honble
Court. It added that since the scuffle was
between two groups, it has become all
the more difficult for the University authorities to initiate immediate action as
there have been accusations and counter
accusations and involvement of politicians/elected representatives supporting
their respective groups.
The Registrar also submitted that,
based on the interim report submitted by
theProctorialBoard,thefivestudentswere
issued a strong warning. Susheel Kumar
was also given a strong warning. The
Proctorial Board submitted its final report

on September 7 recommending action


againstthefivestudentsandaspertheresolutionof thelocalExecutiveCouncil,they
were suspended. The Registrar submitted
that the University considered the representation of the five suspended students
onSeptember10,andconsideringthefact
that the punishment would disentitle the
students from receiving scholarship and
the fact the suspended students are from
an economically downtrodden background, the university revoked the suspension and referred the matter to the
Executive Council. Subsequently, on
November 27, the Proctorial Boards recommendation was accepted and the students were suspended.

Malicious attempt to make it a Dalit issue


Vemulassuicidesnowballedintoapolitical controversy with agitating students
and political parties targeting vice chancellor Appa Rao, MoS Labour and
Employment Bandaru Dattatreya and
Irani.
Dattatreya had written to Irani in
August last year, accusing the university of
being a mute spectator after a group of
Dalit students, including Vemula, clashed
with ABVP leader Nandanam Susheel
Kumar. The HRD Ministry had subsequently sent an email and four reminders
to the institution to respond with comments/facts on the issues raised by
Dattatreya so that a reply could be drafted
by the government.

On being asked if her Ministrys constant reminders were some form of tacit
pressure on the university to act against
the five students, Irani produced a letter
written by CongressMPHanumanthaRao
on November 17, 2014, on suicides by students of marginalised background in
Hyderabad University for which her officers had sent six reminders to the institution seeking comments.
The standard operating procedure is
the same for all. In fact in Mr Hanumantha
Raos case, we sent one extra reminder in
comparison to the letter written by
Dattatreyaji, she said.
Congress wants to shoot on this issue
which is expected but unfortunate... The

Congress MP says that this problem persisted for four years. If they (Congress) had
fixed the problem four years ago, perhaps
Rohiths life could have been saved, she
said.
She refrained from making any comments on Rao and whether he could have
handled the situation better saying that
the Ministrys two-member fact finding
committee which was sent to the university will return Wednesday night and file
its report after which further details will
be known in the case.
Asked if she would visit the university
campus, she said, Im concerned that my
presence there will be interpreted as interference.

Maharashtra first state to Return seized papers: Court to CBI


grant 180 days maternity
leave in surrogacy cases
EXPRESS NEWS SERVICE
MUMBAI, JANUARY 20

MAHARASHTRA WILL be the first state


in the country where women employees in government jobs can avail up to
180 days maternity leave while having
a baby through surrogacy.
Whileseveralcourtsacrossthecountry have in recent months ordered that
such leave be granted in specific cases,
the state government is the first to issue
a government resolution to the effect.
The women employees will have
to apply in advance to the authority
concerned who will decide on the
applications.
The women employees will need to

Amit Shah
place, involving RSS leaders, Shah, Modi
and organisational secretaries. There
was scepticism among party elders, led
by L K Advani, on his capabilities.
But Modi and RSS chief Mohan
Bhagwat, sources said, decided it was in

A love story
20 Classes Fee : 7000/- 30 Classes Fee : 7500/-

FROM THE FRONT PAGE

met in person. Recently, Owais said he


would continue the relationship only if
Umaira met him. On January 12, Ishaan
relented and decided to meet Owais.
They met near the railway track. Ishaan
told us that once he revealed his true
identity to Owais, he was shocked. He
got angry and slapped Ishaan, said Mir.
They had a scuffle and Owais fell down
and was hit on the head. Ishaan told us
he kicked Owais but once he saw he
wasnt moving, he got scared and fled.
He destroyed two of his SIM cards and
went to his aunts home in Bandipore.
He also deleted Umairas Facebook
page, he added.
When Owaiss sister called Ishaan,
she was told her brother had left for
home after their meeting.
According to Lone, Ishaan, a student
of Business Administration, was confused about his sexual orientation. He
would behave like a girl. He told us he
loved Owais and wanted to be close to
him. He has been crying, saying that he
didnt want to kill Owais, that he committed a mistake, said Lone.
Mir said three Railway Police personnel have also been arrested in the
case. They found the body but instead

furnish certificates provided by the authorities according to the surrogacy


guidelines of the Indian Council of
Medical Research.
Theleaveswillbeapplicablefromthe
date of the childs birth and will be
granted only once in the employees
tenure of service.
All employees working in the states
educationalinstitutionsanduniversities
can also avail this benefit.
The existing maternity leave rules
provide for 180 days maternity leave to
pregnant women and 90 days for
women adopting children.
The Bombay High Court had ruled
last year that even a mother having a
child through surrogacy was entitled to
maternity leave.
the partys interest to let Shah continue.
Complaints against Shah, sources said,
ranged from induction of average talent in the party to his inaccessibility
and neglect of party leaders. But Shahs
connect with cadres on the ground was
one factor that weighed heavily in his
favour when it came to a decision on a
full term for him.
of informing the police, they dragged it
and threw it away from the track. The
body had scratch marks. It was lying
near the track for two days and there is
a possibility that an animal, perhaps
dogs, might have come that way, he
said.
The autopsy report is awaited to ascertain the cause of death.
Ishaan took us to the spot where
they had a scuffle. Our findings are corroborated by phone records. We made
him speak to Owaiss sister and cousin
on the phone and they instantly recognised the voice, said Mir.
Ishaans family had migrated from a
village in Bandipore to Srinagar city,
where his father Abdul Majeed is a government employee. He had three siblings, all of whom died when they were
children. We are shocked. We cant believe Ishaan could do such a thing. He isnt physically capable of killing a person.
How is it possible that he did not receive
a single bruise if he had a scuffle that led
to the other boys death, said Abdul
Majeed.
He said the family has not been allowed to meet Ishaan. We dont believe what the police are saying. We
want
to speak to him and check ourselves,
he said.

thensomesortof preliminaryinquiryisrequired. However, in the present case, the


FIR is registered on oral information, thus
proceedings initiated by the CBI appear to
be in haste.
The acceptance of vague reasons, like
investigationisstillinprogress,impliesthe
CBI is recognised with unbridled power to
investigate even in violation of relevant
laws and regulations. The seizure of the
present documents in question is in utter
violation of the CBI manual, he added.
Thiscourthasallthepowerstorefrain
the CBI from abusing its authority during
the search. Using of that power by court
cannot be held to be interference in the investigation... Any recognition of absolute
immunity and unlimited powers will be
tantamount to recognition of divine
power which no authority on earth can
enjoy. The CBI cannot be clothed with divine powers, said Jain.
The CBI had raided Kumars office on
December15lastyear.Duringtheraid,entry of officials and staff was banned on the
third floor of the Delhi Secretariat, from
where Kejriwal runs his government.
Following the raids, Kejriwal had
claimed, It has become necessary to revealthatwhydidtheCBIcometomyoffice
today and which was the file they were

looking for. Yeh file hai DDCA ka file jiske


andar Arun Jaitley phas rahe hain (This is
the DDCA file under which Arun Jaitley is
getting trapped).
The documents supposed to be returned to the Delhi government include
diaries with telephone numbers and appointment details of the CM, files pertaining to recruitment of personnel for the
transport department, and copies of
Cabinet decisions.
On the CBI argument that photocopies
of the documents have already been provided to the Delhi government, the court
saidthissubmissionhasnoforcebecause
if the CBI is not able to disclose the reason
why they are retaining (them), then they
have no right to retain these documents.
The court said that the CBI, during its
arguments, has not even alleged that
Kumar or any public servant has any decision-making role in these files. CBI is
not ready to disclose during arguments
any reason before this court for what purpose they require the above documents,
the court said.
The CBI had earlier argued that the investigationisstillininfancy.Butthecourt
replied: This argument will not hold in
presentcircumstances,whentheCBIcould
not even tell after one month of investiga-

tion how these documents are related to


the allegations against accused Rajendra
Kumar or other accused persons.
On CBIs submission that the court,
duringinvestigationstage,hasnoauthority to order the release of original documents and that this action will amount to
interferenceintheinvestigation,thecourt
said there is no dispute to the proposition
that the court has no power to interfere in
the investigation. It, however, added that
if the police officer transgresses the circumscribed limits and improperly or illegally exercises investigating power, then
the court can interfere.
The court said that if search warrants
were issued by this court, then it also has
the power that they should be executed
properly and the CBI is not at liberty to
abuse it or act arbitrarily.
The CBI had earlier alleged that offences of forgery against Kumar have
surfaced during its investigation and returnof originaldocumentswouldhamper
its probe. But the court said this argument...appears baseless considering the
nature of documents.
The court also said that if the CBI requires any of the released documents in
originalduringinvestigation,itisatliberty
toseizeitbackinaccordancewiththelaw.

UP govt misled us on appointment


On the state governments attempt to
mislead the court, the bench said, They
havemisledus...alright...wewilldealwith
that.
It reserved its order on a plea to withdraw its December 16 order, appointing
Singh as the new Lokayukta after his
name figured in a list of five names
handed to the bench by the Uttar Pradesh
government.
It was owing to a delay of 20 months
and several missed deadlines by the state
government that the bench decided to exercise its extraordinary power under
Article142of theConstitutionanddirectly
appoint the Lokayukta.
A list containing five names was
handed over to the court by senior lawyer
Kapil Sibal, who represented the UP government, and the court was informed that
High Court Chief Justice D Y Chandrachud
has neither agreed on any name nor has
he recommended any name himself.
What the bench was not told on

December 16 was that Justice


Chandrachudhadexpressedstrongobjections to Singhs name over issues of integrity when it was proposed by Chief
Minister Akhilesh Yadav and that it was
agreeduponbetweenthemthatthisname
would not be proposed or considered any
further.
But Singhs name topped the list the
state government handed to the apex
court on December 16. Hours after the
bench appointed Singh, Justice
Chandrachud wrote to the UP Governor
pointing out these facts. A plea was later
movedincourt,allegingthatthestategovernmenthasplayedafrauduponthehighest court of the land by concealing the
Chief Justices objections.
During the hearing on Wednesday, the
bench underlined that it was compelled
to appoint the Lokayukta because the collegium, comprising the Chief Minister,
leader of opposition and the Chief Justice,
couldnotagreeonanynamein20months

and various deadlines had been missed.


Itsoughttoknowfromsenioradvocate
T R Andhyarujina, who appeared for the
Allahabad High Court, Justice
ChandrachudsobjectionstoSinghsname
and the basis of his doubts over his integrity.
Andhyarujina asked the bench: Had
your lordship been apprised of the objections, would you have made this appointment?
Certainly not, replied the bench,
adding that since it has now passed an order, there has to be some compelling reasonsshockingtheconscienceof thecourt
to justify recalling it.
Andhyrujina also clarified that Singh
wasnotappointedaschairmanof theconsumer commission during Justice
Chandrachuds tenure because UPs
AdvocateGeneralVijayBahadurSinghhad
questioned why his name was cleared for
the post if there were doubts over his integrity.

Every proposal has to state jobs potential


generation potential of a proposal in the
main body of the note in a separate paragraph after the paragraph on financial
implications in the draft Cabinet note as

well as the final Cabinet note.


The Cabinet Secretariat has
sought strict compliance of this
decision.

The government has also modified


the handbook on preparation of notes for
Cabinet/Cabinet Committees to include
this requirement.

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