September 12, 2016

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Nagaland Post www.nagalandpost.com

Need to empower backward sections, says Chief Justice

Prachanda’s visit to improve ties ( 9 )

(5) DIMAPUR monday, september 12, 2016

Vol XXVI No. 276

US marks 15th 9/11 anniversary

(L) Obama participates in a moment of silence during a ceremony at the Pentagon Memorial in Arlington, Virginia on Sunday. (R) A lady kneels down and pray at the memorial site on Sunday.

WASHINGTON, SEP 11 (AGENCIES): US President Barack Obama along with the American citizens on Sunday marked the 15th anniversary of the September 11 attacks by calling all citizens to embrace the nation’s character as a people drawn from every corner of the world, from every religion and from every background. He said extremist groups will never be able to defeat the United States. At ground zero, hundreds of victims’ relatives and dignitaries gathered to hear the reading the names of the nearly 3,000 people killed under an overcast sky that shrouded the 1,776foot-tall top of One World Trade Centre, the centrepiece of the rebuilt site. Obama spoke to hundreds of service members, and relatives and survivors of the attack that occurred at the Pentagon when American Airlines Flight 77 slammed into the Defense Department’s headquarters, killing 184 people. The youngest victim was only 3 years old. In all, about 3,000 people lost their lives that day as a result of the planes that crashed into New York City’s World Trade Center and in a Pennsylvania field.

The president said extremist groups such as the Islamic State group and al Qaeda know they can never drive down the US, so they focus on trying to instil fear in hopes of trying to get Americans to change how they live. “We know that our diversity, our patchwork heritage is not a weakness, it is still and always will be one of our greatest strengths,” Obama said. “This is the America that was attacked that September morning. This is the America that we must remain true to.” Obama spoke on warm, sunny morning, noting that the threat that became so evident on September 11 has evolved greatly over the past 15 years. Terrorists, he said, often attempt attacks on a smaller, but still deadly scale, specifically citing attacks in Boston, San Bernardino and Orlando as examples. In the end, he said, the enduring memorial to those who lost their lives that day is ensuring “that we stay true to ourselves, that we stay true to what’s best in us, that we do not let others divide us”. “How we conduct ourselves as individuals and as a nation, we have the opportunity each and every day to live

up to the sacrifice of those heroes that we lost,” Obama said. Obama began and ended his remarks by quoting from the Book of Proverbs: “Let not steadfast love and faithfulness forsake you. Bind them around your neck. Write them on the table of your heart.” Obama also marked his final September 11 observance as president with a moment of silence inside the White House to coincide with when the first plane hit the Twin Towers. Atop the White House, the American flag flew at half-staff. Obama invited governors, interested organisations and individuals to follow suit. A decade after the attacks, al Qaeda leader Osama bin Laden was killed by US forces in a raid in Pakistan that Obama authorized. Obama noted that event as he spoke about how the nation has responded since 9/11 by delivering “justice” to bin Laden, by strengthening homeland security and by preventing attacks. “We resolve to continue doing everything in our power to protect this country that we love,” he said, facing the crowd and the benches that are a hallmark of the Pentagon Memorial.

States get more NPPCL revival: CNSA questions HPCL, govt. freedom to spend funds under CSS threatens TO FILE PIL; APPROACH MINISTRY NEW DELHI, SEP 11 (PTI): Government has issued fresh flexi-fund guidelines that will give more freedom to states in spending money under the Centrally Sponsored Schemes (CSS) to meet local developmental requirements. Under the new norms, flexifunds in each CSS have been increased from the current 10% to 25% for states and 30% for Union Territories. The flexi-fund component, the Finance Ministry said, will provide “flexibility” to states to meet local needs and requirements and pilot innovation to improve efficiency. States can use the fund to undertake mitigation or restoration activities in case of natural calamities, or to satisfy local requirements in areas affected by internal security disturbances. “States may, if they so desire, set aside 25 per cent of any CSS as flexifund to be spent on any sub-scheme or component or innovation that is in line with the overall aim and objective of the approved Scheme,” the guidelines said. However, state governments will have to constitute a state-level sanctioning committee to avail of the flexi-fund facility. “It may be noted that the name, acronym and the logo are the core feature of any CSS, which must be retained for the flexi-fund component as well. If the states change any of these core features, the central contribution will cease and the flexi-fund component will become a purely state scheme,” the Ministry said. The flexi-fund facility is not for CSS which emanate from a legislation, like MNREGA. Based on the recommendations of the sub-group of chief ministers and consultations with stakeholders, Niti Aayog had issued instructions for rationalisation of CSS.

Villages in Coco SC to hear plea for appointment Gov, CM extend Idarea reels under of Ombudsman at Centre, states ul-Zuha greetings SEP 11 (NPN): total darkness NEW DELHI, SEP 11 (AGEN- the Lokayukta Act in consonance DIMAPUR, Nagaland Governor, P.B. Acharya has extended his

DIMAPUR, SEP 11 (NPN): Four villages in Coco area under Atoizu range have been reeling under complete darkness following the damage of the transformer on June 13, 2016. In a press release, Coco area joint council GB chairman, Luhevi Shohe, GB secretary Khuheto Awomi and president Coco area students’ union, Vihuka H informed that the transformer had been replaced twice but was damaged within a span of two hours after it was installed. They claimed that no technical officers were present during the installation. It was “installed by lineman and jugali, who do not have proper technical knowledge”, the signatories stated. They claimed that the villagers were facing immense hardships for the last three months in the absence of electricity. The village leaders lamented that the worst sufferers were the students, who will be appearing in the upcoming selection exam. Moreover, the economy has been badly affected and the prices of candle and kerosene have skyrocketed, where most of the villagers could not afford, they alleged. Therefore, the signatories urged the authorities to look into the matter at the earliest lest public patience runs out.

This is it!

“Well, I don’t know if he wants to eat or to check what meat we’re offering on the table.” K Y M C

CIES): The Supreme Court will hear on September 14 a fresh plea seeking appointment of Lokpal and Lokayuktas at the Centre and in states as provided for in the central legislation passed in 2013. A bench of Justices Ranjan Gogoi and P.C. Pant has put up for hearing the PIL which also seeks a direction to all the states to provide adequate budgetary allocation and essential infrastructure for effective functioning of Lokayuktas. The PIL filed by advocate and Delhi BJP spokesperson Ashwini Kumar Upadhyay alleged that though the Lokpal and Lokayuktas Act, 2013, received Presidential assent on January 1, 2014, and came into force from January 16, 2014, the executive has not established the Lokpal. “Section 63 of the Lokpal and Lokayuktas Act, 2013, envisages that every State shall establish a body to be known as the Lokayukta within a period of one year from the date of commencement of the Act, however, many States have not done so till date. And many States have not passed

with the Lokpal and Lokayuktas Act 2013,” the plea said. According to the petitioner, many state governments are deliberately weakening the Lokayukta by not providing adequate infrastructure, sufficient budget and workforce. “Issue a writ or direction directing the Respondent 3 to 33, to establish an independent Lokayukta in spirit of Section 63 of the Lokpal and Lokayukta Act, 2013 expeditiously and provide adequate budget, infrastructure and manpower, essential for effective functioning of the Lokayukta,” the plea said. Many state governments were deliberately weakening the Lokayukta by not providing adequate infrastructure, sufficient budget and workforce. They did not appoint superintendents of police in every district, while the prosecution wing, burdened with hundreds of cases, has one or two public prosecutors only. Many states have not amended the Lokayukta Act in accordance with the Central Act till date, the petitioner claimed.

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“heartiest greetings to all Muslim brothers and sisters living in Nagaland and in the country on the happy occasion of Id-Ul-Zuha, a celebration with special prayers, greetings and gifts.” Acharya in his greetings prayed that the occasion, irrespective of caste and creed, brings unity and communal harmony amongst the different community of peoples in the State. While wishing “happy Eid Mubarak to all” Acharya stated that “the joyous day delights everyone and brings peace prosperity to our land”. CM: Chief minister, T.R. Zeliang has also extended warm greetings to the Muslim community in Nagaland and across the country on the occasion of Id–ul–Zuha. While wishing all for a peaceful and harmonious IdUl-Zuha, Zeliang prayed that “the festival of sacrifice also bring different communities closer and usher in peace and prosperity in our lives”.

DIMAPUR, SEP 11 (NPN): Expressing serious concern over the delay in reviving the Nagaland Pulp & Paper Mill (NPPC) at Tuli, Central Nagaland Students’ Association (CNSA) has threatened to take the matter to the court by filing a Public Interest Litigation (PIL) or approach the concerned Ministry. In a press note, CNSA president Charles Lotha and general secretary Yimlanger Jamir said CNSA would be compelled to take up further action unless and until the concerned authorities show sincerity in their works towards the speedy revival of the NPPCL. CNSA said it had sought information from the NPPCL and the directorate of Industries & Commerce on two occasions. However, as per the RTI reply from NPCCL, it said, out of the Rs. 100 crore sanctioned by Ministry of Heavy Industries as first installment in 2013, “only Rs. 34 crores (approx) was utilized towards various projects”. In this regard, CNSA has questioned Hindustan Paper Corporation Ltd as to “why only Rs 34 crores was utilized out of Rs.100 crores in three years time (2013-2016)?” CNSA also referred to Nagaland chief minister, T.R Zeliang’s statement published on May 31, 2016 that “out of Rs 100 crores released by the Ministry of Heavy Industries in 2013, Rs 60 crores was diverted by HPC Ltd”.

CNSA has sought details from HPCL and to declare how the Rs 60 crores had been utilized and said “if the money has not been utilized for NPPCL, it would initiate its own course of action, even to the extent of approaching the Ministry.” CNSA said it was also dismayed by the RTI reply of NPPCL, seeking ‘exemption under Sec. 8 (1) (d) & (g) of RTI Act 2005’ not to divulge names of the ‘companies contracted for the revival of the NPPC-Tuli’. While pointing out that NPPCL is a government project and the only heavy industry in Nagaland, CNSA was of the opinion that HPC Ltd was not serious about the revival of NPPCL if it felt that such queries were not in the “larger public interest that warrants the disclosure of such information”. As three years have elapsed since the Government of India declared and sanctioned funds for revival work, CNSA expressed doubts over whether HPCL had “some hidden agenda or dirty politics being played to deliberately stall the much awaited revival of NPPCL, Tuli”. CNSA also questioned the state government’s sincerity towards the revival of the NPPCL. It said the Industries and Commerce department response to the RTI query was that the state government had instructed various depart-

ments to undertake works like power supply, dam, roads etc. However, CNSA said the state government could not provide the “hard copy of the project report, the amount sanctioned and the progress report of the projects entrusted to the different departments”. In this regard, CNSA has demanded the state government to make it known to the public about the project reports and progress at the earliest. CNSA said its members had also visited NPPCL, Tuli in 2015 and interacted with the officials. Though it was declared that NPPCL would be functional by 2017, CNSA said “the slow-paced work, the alleged diversion of Rs. 60 crores and the seeming insincerity of HPCL clearly indicated that the lofty promises of NPPCL revival was nothing but just a pipe-dream.” Making it known that NPPCL belonged to the Nagas, CNSA said it would not tolerate such attitude at any cost and demanded the revival of the mill at the earliest. It said NPCCL would not only bring in economical benefits, but employment opportunities for the Naga people, particularly the educated unemployed youths. CNSA said “just because of the lackadaisical attitude of the HPCL, and the apparent negligence of the Nagaland government, the NPPCL revival works will never be allowed to be stalled or stopped”.

Several states faced with office of profit issue Staff Reporter

Dimapur, Sep 11 (NPN): Following the judgement of the Delhi High Court which quashed the appointment of 21 parliamentary secretaries of the AAP government on September 8, there is considerable interest over the fate of parliamentary secretaries in Nagaland and north east states. There are also other states where the appointments of parliamentary secretaries have been struck down by the high courts. Following the court ruling AAP chief minister Arvind Kejriwal asked prime minister Narendra Modi why wasn’t the same yardstick applied to Haryana, Nagaland, Himachal Pradesh, Rajasthan, Punjab, Gujarat and others who have parliament secretaries? T h e A A P g o ve r n ment in Delhi had passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act on June 24,2015 to exempt 21 AAP MLAs appointed as parliamentary

secretaries from the “office of profit” disqualification. However since it did not have the nod of the Lieutenant Governor Najeeb Jung, the President rejected it. Nagaland Legislative Assembly had recently on July 12, passed “The Nagaland Salaries, Allowances, Other Facilities of the Chief Minister, Other Ministers, Speaker, Leader of Opposition, Deputy Speaker and other Members of the Nagaland Legislative Assembly/ Parliamentary Secretaries and Pensions for Ex-Members Act, 2005 (Fifth Amendment)Bill,2016. “ According to sources, this was to protect the 24 parliamentary secretaries and five advisors from being removed for occupying “office of profit” since, as MLAs they continued to draw salaries and perks as admissible to such members. Parliamentary secretaries are ruling party members appointed to assist ministers. They are regarded for all practical purposes as deputy ministers having access to all

official files and documents. Practice of appointing parliamentary secretaries is almost a century old. In India, state governments have been appointing parliament secretaries from among MLAs, especially those who could not be included in the council of ministers as junior ministers because of Article 164 (1A) which limits the total number of ministers to 15% of the strength of the assembly (20% in the case with hill states like Nagaland having upto 60 MLAs) . Three high courts-Himachal Pradesh, Bombay and Calcutta had quashed appointment of MLAs as parliamentary secretaries. HP High Court had said the CM had no authority to either appoint or administer oath of office to parliamentary secretaries. In 2009 Goa bench of Bombay High Court also struck down ordinances issued by the Digambar Kamat Government for appointing three Parliamentary Secretaries as it violated the constitu-

tional mandate under Article 164(1A). In June 2015, the Calcutta HC had struck down appointment of 13 parliamentary secretaries made by Mamata Banerjee government in 2013 despite these appointments being made under a 2012 law. Challenge to appointment of parliamentary secretaries in Punjab, Haryana and Rajasthan is pending adjudication in respective high courts. The SC has kept pending since 2005, the Himachal Pradesh government’s appeal against the HC decision quashing the appointment of parliamentary secretaries. However, it had not stayed the HC judgment. Goa government did not appeal against the 2009 Bombay HC decision. But, the West Bengal government had appealed in SC against the Calcutta HC’s last year decision. That too is pending. Given the spread of the issue touching almost every state, the SC would soon have to take a decision about the appointments and what constitutes office of profit.

Govt seeks public views on desirability of simultaneous polls All cars to install airbags, NEW DELHI, SEP 11 (AGENCIES): Is it desirable to hold simultaneous elections? This question, along with some other queries related to the issue, have been posted by the government on its website MyGov.com to seek the views of “all interested people”, including common citizens, MPs, MLAs, MLCs, constitutional experts, academics experts, bureaucrats and social media influencers. The last date for submitting the views is October 15. The development comes against the backdrop of Prime Minister Narendra Modi floating the idea, which was subsequently articulated by President Pranab Mukherjee. The questions asked are: Is it desirable to hold simultaneous elections? What are the pros and cons? If simultaneous elections are held, then for the first time what happens to assemblies whose scheduled tenure either ends before or after the proposed date of holding elections?

Should the term of Lok Sabha and assemblies be fixed? What would happen in case by-elections are necessitated in between terms What happens in case the ruling party or coalition loses majority in between term, either in Lok Sabha or in State assemblies? “The desirability of holding simultaneous elections for the Lok Sabha and Vidhan Sabhas has been discussed at various levels. A considered view is that simultaneous elections will not only keep alive the enthusiasm of voters, but will also result in huge savings to the public exchequer as well as avoiding repetition of administrative effort,” said a note explaining the reasons for such queries. “It is also expected to control the expenses of political parties. Simultaneous elections will also avoid repeated enforcement of the Model Code of Conduct which affects administrative actions by the government,” it added. The noted pointed out that

several structural changes will need to be done in case a decision is made to conduct simultaneous election, including possibility of Constitutional amendments to Articles 83, 172, 85 and 174 to streamline the process.

Experts disagree

President Pranab Mukherjee’s support for holding elections to the Lok Sabha and legislative assemblies together may have come as a shot in the arm for Prime Minister Narendra Modi, but experts are skeptical about the proposal. The idea sounds desirable but isn’t feasible, they say. For starters, achieving political consensus for simultaneous polls seems chimerical. The biggest opposition to the idea is expected from the regional political parties, says Sanjay Kumar, director at the Centre for Study of Developing Societies (CSDS). “If a serious discussion were to take place, I suspect

the regional parties will be more opposed to the idea than national parties because there is always a tendency for voters to vote the same party in power in the state and at the Centre in case the Lok Sabha polls and a state elections are held together. Of course, some states will prove to be an exception … Forget simultaneous polls, if a state election is held within six months of Lok Sabha polls, even then there is a tendency to vote for the party which won at the Centre,” he told The Indian Express. Incidentally, this widely held belief among politicians and election observers finds credence in an analysis of past poll results by researchers at the IDFC Institute, a Mumbai-based think tank. A blog titled ‘Concurrent Elections, Concurrent Winners?’ by Praveen Chakravarty, posted on the IDFC website, notes that “there is a 77 per cent chance that the Indian voter will vote for the same party for both the state and

centre, when elections are held simultaneously.” Chakravarty’s observation is based on the think tank’s analysis of electoral results since 1999. The researchers studied results of all states whose elections have coincided with the Lok Sabha elections since 1999. “The trend of choosing the same party (at state and Centre) has increased steadily from 68 per cent 1999 to 77 per cent in 2004 to 76 per cent in 2009 and 86 per cent in 2014,” the blog states. Hence, the ability of voters to vote differently at state and centre, in case of simultaneous polls, is decreasing with time. This is not a scenario political parties, especially those in Opposition, would approve of, according to Kumar. As per the report of the Parliamentary Standing Committee, headed by Congress’ E.M. Sudarsana Natchiappan, the Congress, NCP, CPI, Trinamool Congress and AIMIM have rejected the proposal saying it isn’t feasible.

overspeeding alert system

NEW DELHI, SEP 11 (PTI): Government will soon make it mandatory to put an overspeeding warning system with beeps or continuous alarms and airbags in all cars, while cameras would be also installed on roads to check errant drivers. “We are going to make audio alerts in vehicles mandatory to check overspeeding and curb accidents,” an official told PTI. Once the vehicle crosses the speed of 80 km, there would be sounds of beeps alerting the driver, and in case the speed crosses 90 km, there would be continuous special beeps so that the driver and copassengers both are alarmed, the official said. “The Road Transport and Highways Ministry has approved it and the file has gone for vetting to the Legal Department. Once it is through, we will notify it within a fortnight,” the official said. Besides, the government is going to install

cameras to check overspeeding, the official said, adding another crucial step would be mandatory airbags in cars. India accounts for as high as five lakh road accidents annually in which 1.5 lakh people die and another 3 lakh are crippled. A 2015 data showed that “owners of regular licences were involved in 79 per cent of about 5 lakh road accidents in which 1.46 lakh people died.” Drivers’ fault accounted for 77 per cent of total road accidents, and a recent report found that “drivers exceeding lawful speed or overspeeding accounted for a share of 62.2 per cent and 61 per cent of accidents caused or people killed due to drivers fault.” Road Transpor t and Highways Minister Nitin Gadkari had earlier said that to check errant drivers, cameras would be installed on highways to monitor the speed of the vehicles and strict penalties would be imposed on violators. K Y M C


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