INDIA INTELLIGENCE REPORT

 

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Governors can sanction
prosecution of ministers

What is India News Service, Saturday, 6 November 2004, 2000 hrs IST

Removing any ambiguity on the powers of Governors, the Supreme Court has held that Governors were not bound by the advice of the Council of Ministers to grant sanction to prosecute ministers for illegal actions.

A five-judge Constitution bench headed by Justice N Santosh Hegde set aside the judgment of the Madhya Pradesh High Court holding that the Governor cannot act contrary to the aid and advice of the Council of Ministers in such matters. The Governor had sanctioned prosecution of two former Madhya Pradesh ministers Rajender Kumar Singh and Bishau Ram Yadav in a case relating to the release of 7.5 acres of land to private owners illegally.

The land in question had been acquired by the Indore Development Authority.

The other judges of the bench were Justices SN Variava, BP Singh, HK Sema and SB Sinha. Justice Variava, writing for the Bench, said "democracy itself will be at stake" if the Government refuses to accord sanction for prosecution against ministers in matters where prima facie a clear case for prosecution was made out. "If this is upheld there will be a breakdown of the rule of law as it will be open to the Council of Ministers to refuse sanction even if a prima facie case is made out. It will lead to a situation where people in power may break the law with impunity knowing well that sanction for prosecution may not be granted," the court observed.

No quota within quota, rules SC: The Supreme Court today ruled that \93micro reservation\94 within the reservation quota, provided for a certain category of under privileged sections of society, was not permissible under the Constitution scheme.


If Pak has the will, we will find a way, says Manmohan: Prime Minister Manmohan Singh on Friday reiterated India's commitment to make "an honest and sincere effort" to resolve all outstanding issues with Pakistan, but made it clear this would be possible only if President Pervez Musharraf does not allow Pakistani territory to be used for cross-border terrorism.

Spotlight
Petrol price hike

BJP, Left see red over runaway petro prices: It is a Government that came to power promising the proverbial moon to the common man. But in a matter of months, the aam admi finds himself crushed under the weight of a runaway inflation and rising prices.

Parties flay petro prices hike: The government today came under heavy attack from all quarters for the steep hike in the prices of petroleum products.

Inflation rises again: Despite static petroleum prices till yesterday, the inflation rate has climbed up to 7.38 per cent for the week ended October 23 from 7.1 per cent in the preceding two weeks. The latest surge in inflation is being attributed to the petrol price hike.

Basu threatens nationwide agitation: Veteran Marxist leader Jyoti Basu on Friday expressed unhappiness over the latest hike in petroleum products prices and said that it was done against the wishes of the Left parties.

Tribune editorial: Oil price goes up

No power behind throne, says Sonia: Dismissing the Opposition's charge that she is the back-seat driver of the Manmohan Singh government, Congress President Sonia Gandhi said similar insinuations were made about her even when Rajiv Gandhi was the Prime Minister.

Shivraj Patil arrives in Srinagar: Union Home Minister Shivraj Patil arrived on a three-day visit to Jammu and Kashmir during which he will meet the State leaders to assess the ground situation.

Indo-Pak talks encouraging, says Chandrika: Sri Lankan President Chandrika Kumaratunga today said the Indo-Pak endeavour to resolve their differences was \93most encouraging\94 to all countries in the region.

Zaheera\92s disappearing act raises questions: Sources close to social activist Teesta Setalavad said Zaheera was demanding more money as the activist was getting famous because of her.

Charges to be framed in Bilkis Bano case: The stage is set for framing of charges against 20 accused in the Bilkis Bano gangrape-cum-massacre case during the post-Godhra riots.

Uma guilty of \91indiscipline\92, rules Naqvi: Troubles for the saffron party seems to know no end as newly appointed BJP General Secretary Uma Bharti was today held guilty of \93indiscipline\94 for her public criticism against her party colleague Pramod Mahajan by party vice-president Mukhtar Abbas Naqvi.

 
States

Magistrate accused of rape, marriage fraud: The district police has come under a cloud over the handling of an allegation of rape and fraud against an HCS officer, Mr Jeet Singh Mehra, at present posted as City Magistrate, Panipat.

Jyoti Basu\92s guard held: Mr Jyoti Basu was robbed of Rs 1.05 lakh kept in the Myukh Bhavan branch of the State Bank of India located near his residence in Salt Lake.

Dharam, Dy CM plan talks on Karnataka ministry: JD(S) legislators who were unhappy with the delay in cabinet expansion had entrusted the Deputy CM with the task of taking up the issue with the CM.

Woman gives birth to child in Jaipur jail: The woman has confused authorities by saying that she got pregnant by a dormant sperm of her husband who died three years ago.


Neighbours

Musharraf urges Bush to focus on festering conflicts: President Gen Pervez Musharraf on Friday called on US President George W. Bush to push for a peaceful settlement of the Palestinian issue and other festering political conflicts during his second term.

Altaf meets Indian leaders: Founder of the Muttahida Qaumi Movement Altaf Hussain, who is in the Indian capital, exchanged views on Friday with dignitaries from various countries on matters relating to the subcontinent.



View from abroad

French school expels Sikhs: Three Sikhs have been expelled from school for refusing to remove their turbans under new law.

Bobby mirrors immigrant dream: As Bobby Jindal prepares for Washington to take his place in Congress, in many ways the "wonder-boy" of Punjabi heritage, born and brought up in Louisiana, presents the amalgam that goes to make up the United States.


Overall:

Governors can sanction prosecution: 
The Supreme Court has removed an obstacle to the prosecution of ministers.

Court ruled on micro-quota: The Supreme Court said there could be no quota within quota.

French school expelled Sikh strudents: It said they were refusing to remove their turbans as required under a new law.