TheIndian EXPRESS SC reins in Delhi L-G LATE CITY, 22 PAGES, MUMBAI, `5.00 ● THURSDAY, JULY 5, 2018 ● WWW.INDIANEXPRESS.COM ● REG.NO. MCS/067/2018 - 20 RNI REGN. NO. 1543/57 DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE DELHI GOVT VS LIEUTENANT GOVERNOR POWER STRUGGLE Delhi Govt needs to keep L-G posted, his OK not needed 11 THEIDEASPAGE The force needs to be freed from the stranglehold of the executive and given functional autonomy All animals legal entities with rights and duties of persons: Uttarakhand HC KAVITA UPADHYAY DEHRADUN, JULY 4 UPHOLDING THE rights of the “entire animal kingdom”, the Uttarakhand High Court on Wednesdaydeclaredallanimals, including avian and aquatic species, as “legal entities” with the “rights, duties and liabilities of a living person”. Thedivisionbenchof Justices Rajiv Sharma and Lok Pal Singh also declared all Uttarakhand residents as the guardians of animals, with the duty to ensure their “welfare and protection”. “The entire animal kingdom, including avian and aquatic ones, are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the state of Uttarakhand are hereby declared persons in loco parentis (in place of a parent) as the human face for the welfare/ protection of animals,” it said. The bench was hearing a PIL filed in 2014, where the petitioner, Narayan Dutt Bhatt, had sought the court’s directions to restrict the movement of horsecarts, or tongas, between India and Nepal through Banbasa, in Champawat district of Uttarakhand. Thecourt“enlargedthescope of thepetitioninlargerpublicinterest to promote the protection and welfare of the animals”. The bench also issued directions on medical examination of CONTINUED ON PAGE 2 WORLD Message to AAP: Get along, no room for anarchy Elated AAP govt rushes transfer file, only to get a regret note ANANTHAKRISHNAN G & KAUNAIN SHERIFF M Towards a people’s police 14 L-G must try to resolve with Govt before going to President NEW DELHI, JULY 4 IN A landmark verdict Wednesday that came as a shot in the arm for the Arvind Kejriwal-ledAAPgovernmentin its tussle with Lieutenant Governor Anil Baijal for control of Delhi, a five-judge Constitution Bench of the Supreme Court ruled that decisions of the elected government of Delhi do not require the concurrence of the Lt Governorwho only needs to be informed. Calling for Constitutional pragmatismandunderliningthe clear separation of powers, the bench of Chief Justice of India Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, in three separate yet concurring orders, made it clear that“thestatusof theLieutenant Governor of Delhi is not that of a Governor of a State, rather he remainsanAdministrator,inalimitedsense,workingwiththedesignation of Lieutenant Governor”. It also said that “at the same time, the Council of Ministers being headed by the Chief Minister should be guided by values and prudence accepting the Constitutional position that the NCT of Delhi is not a State”. “It has to be clearly stated that requiring prior concurrence of the Lieutenant Governor would absolutely negate the ideals of representative governanceanddemocracyconceived for the NCT of Delhi by Article 239AA of the Constitution. Any view to the contrary would not beinconsonancewiththeintention of the Parliament to treat Delhigovernmentasarepresentative form of government... the Lieutenant Governor should not emerge as an adversary having a hostile attitude towards the Council of Ministers of Delhi, rather he should act as a facilitator,” the bench said. The judges ruled that “the scheme that has been conceptualisedbytheinsertionof Articles 239AA and 239AB read with the CONTINUED ON PAGE 2 CHANDIGARH, JULY 4 BOYS TRAPPED IN THAILAND CAVE GET DIVING LESSONS NEW DELHI, JULY 4 Delhi Chief Minister Arvind Kejriwal with Deputy Chief Minister Manish Sisodia in New Delhi on Wednesday. PTI L-G’S LIMITED POWERS ■ L-G bound by aid and advice of Council of Ministers ■ L-G has no independent decisionmaking power ■ Centre has control over land, police, law and order ■ NCT of Delhi cannot be accorded status of state ■ Status of Delhi L-G not that of a Governor of state 10 THE EDITORIAL PAGE L-G vs Govt: What now BY SHAILAJA CHANDRA Amarinder orders annual drug test for all govt employees KANCHAN VASDEV IRANSAYSN-DEAL WILLSTAYIFGAINS AREGUARANTEED ANIRUDDHA GHOSAL PUNJAB CHIEF Minister Amarinder Singh issued orders Wednesday mandating an annual drug test for all government employees, including new recruits. The matter will be discussed in the Cabinet soon, it is learnt, and the Chief Secretary has been directed to work out the modalities and get the order notified. According to the new order, employees will be tested for drugs before being considered for promotion and it will be conducted apart from the annual medical check. LIFE TERM FOR DESECRATION: BILL Chandigarh: The Punjab government has prepared a new draft of the Amendment Bill that sought life imprisonment fordesecrationof theGuru Granth Sahib. The new draft proposes similar punishment for desecration of the Gita, Quran and Bible as well. PAGE 12 The Punjab government has drawn sharp criticism over the last few days after a spate of CONTINUED ON PAGE 2 Court spells out ‘moral’ message: Trust vital between Centre, states RAVISH TIWARI NEW DELHI, JULY 4 THE NARROW issue was the powerstrugglebetweenthepopularly elected Delhi government and the Lieutenant Governor appointed by the Centre but the Supreme Court substantially broadeneditsscopebysendinga reminderof theneedforpolitical accommodation between the Centre and states. Itdidthisviathreeconcurring judgmentsthat,together,invoked the principles of “Constitutional morality”,“collaborativefederalism”,and“pragmaticfederalism” tostresstheneedforan“element of trust” between high functionaries of the Central and state governments. The verdict finds particular resonance given today’s fractured politics where functionaries at the Centre and states are often locked in a fierce political contest. And when divisions are BUSINESS AS USUAL BY UNNY ARMED WITH the Supreme Court order that decisions of the Delhi government did not need theconcurrenceoftheLieutenant Governor, the AAP government Wednesday sent a file to Secretary (Services), empoweringChiefMinisterArvindKejriwal to transfer and post senior officers.Butwithinhours,afive-page note was sent to Deputy Chief Minister Manish Sisodia, who also holds the Services portfolio, expressing inability to carry out the order, sources said. The note, sources said, cited a Ministry of Home Affairs notificationof May2015,andmadeit clear that until there were clear directions overturning the notification, the Services department could do little. “The MHA notification is in the name of the President and unless it is specifically overturned or quashed, it stands,” a senior officer said, claiming that Services, for now, remained with the office of the Lt Governor. CONTINUED ON PAGE 2 9 sharpening with political realignments in the run-up to general elections. “Theelementoftrustisanimperative between Constitutional functionaries so that GovernmentscanworkinaccordancewithConstitutionalnorms. Itmaybestatedwithdefiniteness that when such functionaries EXPLAINED Between the court’s lines CONTINUED ON PAGE 2 Won’t consider witnesses turning hostile in trial court: Bombay HC MUMBAI, JULY 4 HEARING A plea challenging the discharge of IPS officers in the Sohrabuddin Sheikh encounter case, the Bombay High Court on Wednesday said it would not consider the fact that witnesses have turned hostile in the trial court. The HC is hearing applications filed by Sohrabuddin’s brother Rubabuddin. OnWednesday,thecourtbegan hearing the revision applications, including three filed by Rubabuddinchallengingthedischarge of former Gujarat DIG D G Vanzara and IPS officers Dinesh M N and Rajkumar Pandiyan; and two filed by the CBI challenging the discharge of Sohrabuddin Sheikh Rajasthan police constable DalpatSinghRathodandGujarat police officer N K Amin. Rubabuddin’s lawyer Gautam Tiwari began his arguments against the discharge grantedtoPandiyanbythelower court on August 25, 2016. As Tiwari began his arguments by referring to the statement of a keywitnesswhoisapolicedriver, advocate Raja Thakare, who is representingDineshMN,toldthe court that the key witness has WILL COST RS 15,000 CRORE Cabinet clears MSP increase, highest for paddy No Govt has given such a hike in independent India’s history: Rajnath EXPRESS NEWS SERVICE NEW DELHI, JULY 4 WITH THE 2019 general elections round the corner, the Cabinet Wednesday approved the highest absolute hike ever in the Minimum Support Price (MSP) for paddy, and a significant hike for other Kharif crops. The new MSP rates will ensure that farmers get at least 150 percentof thecostof production for each crop estimated by the Commission for Agricultural Prices and Production (CACP), a promisemadebyPrimeMinister NarendraModiinhisinteraction with the farming community last week. Announcing the Cabinet’s “historic” decision, Union Home Minister Rajnath Singh said that the MSP for common grade paddy has been increased from Rs 1,550 per quintal to Rs 1,750 per quintal, an increase of nearly 13 per cent. The Indian Express had reportedWednesdaythat thegovernment was set to implement thehighesteversingle-yearraise since turned hostile in the lower court. Tiwari responded by sayingthecourtwaspresentlyatthe stage of framing of charges against Pandiyan, and therefore the conduct of witnesses in the trial court should have no bearing on the present case. Justice A M Badar refused to consider at the revisionary stage that witnesses in the trial court had turned hostile. Referring to the statement of the police driver that Tiwari read out, JusticeBadarsaid,“Wehaveseen in newspapers that he and everybody is turning hostile.” The court will not let those discharged take advantage of anybody turning hostile in the trial court, the court said. On November 22, 2005, CONTINUED ON PAGE 2 13 THERURAL What the hike means in the fields ● AGRICULTURE STOCKS SOAR, PAGE 15 in MSP for paddy from this Kharif season to the tune of about Rs 200 per quintal. Paddy is the country’s main Kharif crop, and Singh said the government would ensure that the crop is bought at the MSP across the country. CONTINUED ON PAGE 2 Prodded by Beijing, AI joins others: Taiwan is now Chinese Taipei SHUBHAJIT ROY NEW DELHI, JULY 4 SOHRABUDDIN SHEIKH CASE SAILEE DHAYALKAR Ministers Ravi Shankar Prasad, Rajnath Singh, Radha Mohan Singh, Harsimrat Kaur Badal announce the hike. Renuka Puri “TAIPEI, TAOYUAN International Airport, TPE, Chinese Taipei” — this is how the Air India website now refers to Taiwan, more than two months after a diktat by the CivilAviationAuthorityof China. The move comes after several other airlines including DeltaAirlines,Qantas,Singapore Airlines, Japan Airlines and Air Canada also changed the name to avoid any tussle. While Air India did not comment on thematter Wednesday, sources said that China had not raised the issue with the Ministry of External Affairs. OnApril25,justtwodaysbefore Prime Minister Narendra Modi met Chinese President Xi Jinping in Wuhan as part of reset of bilateralties,theCivilAviation Authority of China issued orders to Air India along with other international airlines flying into China to refer to Taiwan only as Chinese Taipei. The diktat had impacted many US airlines and the US State Department had told Business Insider that it had raised “strong concerns” with Chinese authorities in Beijing about the order. New Delhi has not officially responded to the order. “Regarding websites, we object to Beijing dictating how US firms, including airlines, organisetheirwebsitesforeaseof consumer use. Chinese companies’ websites operate freely and without political interference in the United States,” a State Department official had told Business Insider. The State Department also said it “will consider taking appropriate action if necessary in response to unfair Chinese actions.” IndiahasalwaystreadedwarilywhenitcomestoChinesesensitivitiesonTaiwan.WhileTaiwan says it is a democratic, self-ruled country in East Asia, China does not agree. According to the “One China” policy, Beijing considers Taiwanaprovinceof China.India accepts the One China policy, thoughithasnotexplicitlystated the fact in bilateral joint statements in recent years. Chinese insistence that it shouldbecalled“ChineseTaipei” is to prevent international CONTINUED ON PAGE 2 ● PAGE ONE ANCHOR MAHARASHTRA MOB PATTERN: VICTIMS STRANGERS, TARGETED IN THE DARK MOHAMED THAVER & SRINATH RAO MUMBAI, JULY 4 IN THE 14 cases of mob attacks in Maharashtra in the last 25 days, the 19 victims have either been visitors from neighbouring villages or other states, in possession of a vehicle or, in most cases, accused of lurking in the villages after dark. In the attacks sinceJune5,ninewerekilledand tenothers escapedwithinjuries, includingadeaf-and-muteman, a mentally challenged man and a labourer. SPs in 11 districts, including Aurangabad Rural, Nandurbar and Gondia, said the men attacked byvillagersin these cases were “outsiders” and villagers, influenced by rumours on WhatsApp, had confronted them to “protect their children”. Considersomeof thesecases, which show how rumours and unfounded suspicion triggered sudden, brutal attacks in the state: JUNE5: Oneof the firstcases of “strangers” being attacked in Maharashtratookplacewhenan autodriverfromtheNilangaarea of Latur, who was headed to Aurad,wasattacked bylocalresidents who suspected him of having kidnapped a child. SP(Latur)ShivajiRathodsaid, “The auto driver was not wearing the uniform that others in the area had. A crowd of 25-30 people suspected he was taking a child in his autorickshaw and attacked him. The local police team reached the spot and rescuedhim.”RathodsaidanFIRon the charges of rioting was taken at the Aurad police station against the accused and 12 people were arrested. JUNE 5: In the jurisdiction of Nanded Rural police station, three men from Odisha bore the brunt of tensions sparked by the rumours. Diwakar Dudu, In Rainpada, Dhule, where five were lynched. Prashant Nadkar Majekumar Jaiswal and Badal Chauhan were walking past a ground outside a village at 4.30 pm when locals attacked them. The men were rescued after the police intervened. JUNE 5: In Chandrapur, a group of villagers did not spare a speech-and-hearing impaired boy of 20 who was passing by looking to buy fuel for his stalled motorcycle at 10 pm. “The villagers asked him where he was going at that time of the day. But he could not answer them, and they thought he was one of the men that the rumours had warned about, and hit him with slippers,” said Niyati Thaker, SP Chandrapur. JUNE 8: Two people from the Phase Pardhi community, a denotifiedtribe,werelynchedby a mob of around 300 people at Chandgaon village in Vaijapur Taluka of Aurangabad. SP (Aurangabad Rural) Arti Singh said eight members of the community had come to hunt animalsaround5:30amwhenthey were lynched on suspicion that they were in the area to steal children. “We registered a case of murder and arrested 12 people,” Singh said. The deceased were identified as Bharat Sonawane and Shivaji Shinde. CONTINUED ON PAGE 2 NEW FEATURES TO FIGHT FAKE NEWS: WHATSAPP TO GOVT New Delhi: WhatsApp has informed the government that it is working proactively to prevent misuse of its messaging platform, including a new feature which will help users better discern original composed content from forwarded content. REPORT, PAGE 12
Indian Express Limited is an Indian news media publishing company. It publishes several widely circulated dailies, including The Indian Express and The Financial Express in English, the Loksatta in Marathi and the Jansatta in Hindi.