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O HERALD O
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The Voice of Goa — Since 1900 panjim, WEDnESDay, SEptEmbEr 29, 2010
Sports: Fit again Harbhajan to play Mohali Test Pg 18
Business: Income Tax filing date extended to October 15 Pg 13
priCE rs. 3.00 (air Surcharge rs 2.00) pages 18
India: Big B auctions lunch date, Pg 15 bid reaches Rs 6 lakh
Ayodhya verdict on Sept 30 PTI NEW DELHI/LUCKNOW, SEPT 28
I am for freedom of religion and against all maneuvers to bring about a legal ascendancy of one sect over another. — Jefferson
IN BRIEF 1,000 feared dead in Mexico Up to 1,000 people were feared dead after a hillside collapsed early Tuesday in southern Mexico, burying up to 300 homes, a local official said. A 200-metre (220-yard) strip of hillside collapsed above a group of some 100 to 300 homes in the waterlogged state of Oaxaca, the State’s Governor Ulises Ruiz said. He feared “between 500 and 600 people, they’re talking about up to 1,000,” may be dead in the disaster, Ruiz told local television station Televisa. —(AFP) (Report on Pg 14)
The Allahabad High Court will deliver its verdict in the 60-yearold Ramjanmabhoomi- Babri Masjid title suit on Thursday after the Supreme Court today cleared the path by dismissing a petition for its deferment ending the uncertainty. A three-judge Lucknow Bench of the Allahabad High Court will pronounce the verdict in the Ayodhya case on September 30 at 3.30 pm, the Officer on Special Duty (OSD) Hari Shankar Dubey said in Lucknow, shortly after the Apex Court lifted its weeklong interim stay given last Thursday. The Supreme Court’s threejudge bench headed by Chief Justice S H Kapadia gave a brief unanimous order dismissing the petition by a retired bureaucrat Ramesh Chandra Tripathi challenging the Lucknow Bench order rejecting his plea for postponing the keenly waited judgement to explore the possibility of mediation. The bench also comprising Justices Aftab Alam and K S Radhakrishnan however did not give any reasons for its order giving the green signal for the High Court verdict after two hours of arguments. “Having considered in detail the arguments of the parties, we are of the view that the SLP has to be dismissed. Accordingly, the SLP stands dismissed,” it
HERALD REPORTER PANJIM, SEPT 28
Security personnel stands guard outside a mosque ahead of the SC decision on the PIL on Ayodhya title suit, in Bhopal on Tuesday.
said. During arguments on the Special Leave Petition, the Bench questioned the plea for deferment of the verdict. “You are running against time because you woke up late. That is after 50 years,” Justice Aftab Alam said. “The question is why you were quiet for all these days. You had to strike a chord when the matter was in the High Court,” Justice Alam said. The obser vations by the bench came when senior advocate Mukul Rohatgi, appearing
for Tripathi, was buttressing the argument that a settlement could be arrived at through negotiations. Answering the bench for the delay in exploring an out-ofcourt settlement, Rohatgi said mediation was not a part of the statute. Justice Alam said lawyers of all the contesting parties are at least in agreement on the issue of delivery of judgement by the Allahabad High Court. The September 30 date fixed by the Lucknow Bench assumes importance since one of the
234 shacks to dot North HERALD REPORTER PANJIM, SEPT 28
The Tourism Department today allotted 234 shacks via lots for beach stretches of North Goa whereas allotment of 106 shacks for South Goa will be done on Wednesday. Due to beach erosion at Sinquerim, only five shacks have been allotted at Dando on conditional basis. Earlier, thirteen shacks were allotted along this stretch but since last season the number has been reduced. Speaking to Herald, Director of Tourism Swapnil Naik said the number of shacks allotted at Dando was cut down on advice of the Coastal Regulation Zone authorities due to beach erosion. He said the allotment proceedings were done transparently via video recording and the CDs would be handed over to both associations of the shack owners. Naik said as per directive of the High Court, this season too, 90 per cent of the total shacks have been allotted to experi-
Govt breaks silence on HSRP, to serve notice on Shimnit
judges of the three-member bench, Justice D V Sharma, is to demit office on October 1. The other judges in the bench are Justice S U Khan and Sudhir Agarwal. Earlier, Attorney General G E Vahanvati, who was asked by the Apex Court to assist it in today’s hearing, said that uncertainty should not be allowed to continue. The Supreme Court decision was welcomed by the main contesting parties to the title suit as well as the Centre and all (Continued on page 10)
Manch to submit proposal on Princess removal HERALD REPORTER PANJIM, SEPT 28
This season, two shacks have been allotted at Siridao beach whereas none has been allotted at Bambolim beach due to due to some property dispute. enced shack owners whereas 10 per cent were reserved for fresh applicants. “There are no separate categories for experienced applicants as they are taken into consideration while making allotments,” he added. The allotment and location of shacks is done via lots to avoid any kind of animosity among successful applicants.
This season, two shacks have been allotted at Siridao beach whereas none has been allotted at Bambolim beach due to due to some property dispute. The allotment for shacks in South Goa will be conducted tomorrow; however, the allotment for Palolem beach has been put on hold. Traditionally, eight shacks were allowed on Palolem beach.
1989 countermanding case ends in acquittal HERALD REPORTER MARGAO, SEPT 28
The sensational 1989 Countermanding of Elections conspiracy case has ended in an acquittal with the court of Judicial Magistrate First Class, Margao acquitting the accused persons on grounds that the prosecution has failed to establish its case. JMFC Vandana Tendulkar acquitted the accused persons, including city-based lawyers, Adv Anacleto Viegas, Adv Radharao Gracias, Dr Ernesto Rodrigues, Freddy Dias, Norbert Almeida, Lino Ferrao, Joe Fernandes and Agostinho Fernandes for the offence punishable under Sections 199, 465, 471 and 120(B) of the IPC. The verdict came exactly 20 years after the police had filed the first chargesheet in the court. The case had hit the headlines after elections to the Velim and Curtorim Assembly constituencies and the South Goa Lok Sabha constituency was countermanded in 1989 following the death of an Independent candidate, Caetano Jackson Fernandes. Investigations later discovered that deceased Caetano Jackson had never filed his nomination papers for the three seats and that he was impersonated as part of a criminal
conspiracy to countermand the polls. In her 109 page order, JMFC Tendulkar said the offence of forgery is not proved, saying the evidence on record is not at all sufficient to show that the nomination papers submitted before the Returning Officer were fraudulently and dishonestly prepared by the accused persons in the name of Caetano Jackson Fernandes. The judge said there is also no sufficient evidence on record to show that there was a false declaration made in the course of submission of the nomination papers in the name of Caetano Jackson Fernandes. “Even the alleged act of impersonation of Caetano Jackson by accused No 4 has not been proved by the prosecution, since none of the material witnesses of the prosecution have identified the accused as the person present before the Returning Officer to submit the nomination papers in the name of Caetano Jackson”, the judge said. As far as the offence of conspiracy is concerned, Judge Tendulkar said the conspiracy between all the accused persons with intention to countermand the election has not been established. “The case of the (Continued on page 10)
Breaking its silence over high security registration plates (HSRP) issue, State Transport Ministry today said that Shimnit Utsch will be served show-cause notice within 15 days. After almost a month confirmation that HSRP file is pending with State government office, Transport Minister Ramkrishna Dhavlikar said that the file is sent back to Advocate General to clarif y some more legal points. “The file is back with AG, which will come back to us by next week. The notice will be served within a fortnight,” Dhavlikar told Herald. The State government had assured to scrap the tender with Shimnit Utsch after Srivastava Committee pointed out glaring irregularities in the tendering process. And accordingly, the Transport Department on August 20, 2010 decided to issue showcause notice over its termina-
tion. However, it was further postponed to August 23. The Shimnit Utsch had approached High Court over government decision to scrap the tender. The company had told Court that all the allegations made by the government committee, does not stand after awarding the contract. These points should have highlighted before awarding the tender. The HSRP contract awarded to Shimnit Utsch Company had not gone well with the Bharatiya Janata Party (BJP) and transporters, who had taken to the streets demanding scrapping of the contract. Chief Minister Digambar Kamat had then formed a State level committee to study the aspects of the HSRP on August 18, 2009. Meanwhile, as the HSRP contract signed by the government with Shimnit Utsch still stands, public are been offered with the same number plates for their new vehicles.
With Salgaocar Mining Industries Pvt Ltd (SMIPL), declining to tender bank guarantee of Rs 10 crore, as a pre-condition for removal of M V River Princess, the Tourism Department has now asked River Princess Hatao Manch (RPHM) to submit its detailed proposal for removal of the stranded vessel. The Tourism Director Swapnil Naik told Herald on Tuesday that they have asked RPHM to give its proposal in next few days. It may be recalled that RPHM had offered to remove River Princess after SMIPL showed disinclination on the condition of bank guarantee. The SMIPL offered to remove the vessel free of cost when the government had almost finalised Singaporean Company, M/s Titan Salvage to remove the vessel. M/s Titan Salvage had agreed to remove the vessel within a period of six months with tender cost of Rs 125 crore. It had also agreed to pay a (Continued on page 10)
Kasab challenges death penalty in HC PTI MUMBAI, SEPT 28
In a fresh development in the 26/11 terror attack case, Pakistani terrorist Ajmal Kasab today filed an appeal in Bombay High Court challenging death penalty awarded to him for killing 166 persons on November 26, 2008. “We have filed an appeal today,” his lawyer Amin Solkar told PTI. Kasab has challenged death penalty saying it was a harsh punishment imposed on him and pleaded that there were lapses in evidence produced by police in the trial court. The appeal has challenged identification of Kasab in the court saying the eye witnesses had easily identified him because his photograph had appeared prominently in newspapers and television on the day of attack. The appeal also challenged
trial court’s ruling which upheld Kasab’s confession as “true and voluntary”, Kasab’s lawyer said. The appeal would be heard by High Court along with the matter pertaining to confirmation of death sentence awarded to him. The court has decided to hear both matters on a day-today basis from October 18 and allowed Kasab to appear through video conferencing.
Sir ! Instead of those two, we don't mind acquiring this one for security reasons.