Art 370 Permanent... Cannot Be Repealed or Amended: HC: Mainpuri Violence: 9 More, Including BJP Leader, Held

6 EXPRESS NETWORK
WWW.INDIANEXPRESS.COM
THE INDIAN EXPRESS, MONDAY,
OCTOBER 12, 2015
Art 370 permanent...

cannot be repealed
or amended: HC
Says mechanism to amend or repeal Article under clause
3 is no more available
BASHAARAT MASOOD
SRINAGAR, OCTOBER 11
OFFICE OF THE MARKET COMMITTEE, CHANDIGARH

GRAIN MARKET, SECTOR-26, CHANDIGARH
e-TENDER NOTICE
Administrator, Market Committee on behalf of Market Committee, Chandigarh invites tenders
through e-Procurement Process from the eligible Firms/Contractors for the following work:
Sr.
No.
1.
Description of Work
Leasing out Eating Outlet Near Onion/Potato Auction
Shed Subzi Mandi, Sector-26, Chandigarh on as is
where is basis.
Reserve
Price
Rs. 35,000/Per Month
Earnest
Money
Rs. 50,000/-
Time
Limit
24 Months
NOTE: SERVICE TAX AND TCS WILL BE EXTRA

TERMS AND CONDITIONS:
1. (i) Desirous Firms/Contractors may download the bid documents along with prescribed forms
from the website etenders.chd.nic.in w.e.f. 13.10.2015 at 9.00 A.M.
(ii) The tender should be submitted in two bids i.e. Technical Bid and Financial Bid. The
Technical Bid should be as per "Annexure-A" and supported with all the documents mentioned in "Annexure-A".
2. The Technical Bids will be opened first. After evaluating the Technical Bids, the Financial
Bids of only qualifying Firms/Contractors will be opened. Final decision about the Technical
Qualification of the Firms will be taken by the Administrator/Chairman, Market Committee.
3. All the critical data and details of the tender documents can be seen of the website.
4. The tender shall be accompanied by Earnest Money for an amount of Rs. 50,000/- in the
shape of Demand Draft issued in favour of Market Committee, payable at Chandigarh.
Proof of Earnest Money shall be appended with the Technical Bid. The Original Earnest
Money should be deposited in physical form upto 23.10.2015 till 5.00 P.M. failing
which the tenders will be considered as technically disqualified. Tenders without
Earnest Money shall not be considered and shall be rejected summarily.
5. All disputes concerning in any way with this work are subject to Chandigarh Jurisdiction only.
6. Conditional tenders are liable to be rejected.
7. Chairman/Administrator, Market Committee, Chandigarh reserves the right to reject any or
all the tenders.
8. In case of any dispute, Secretary, State Agricultural Marketing Board, U.T., Chandigarh
would act as Arbitrator, whose decision will be final and binding on both the parties.
Sd/Chairman,
Market Committee, Chandigarh.
2249/UT
RECRUITMENT
SITUATION
VACANT
Colonel Degree College, Chural
Kalan (Sangrur): Affiliated to
Pbi. Uni. Patiala. Applications
are invited for the post of
Lecturers:- Sociology (1), Hindi
(1), Phy. Education (1) on regular basis within 15 days along
with attested copies of all testimonials and a photograph on
college address. Qualifications
and Pay Scale as per norms of
Punjabi University, Patiala. Send
a copy of application to Dean,
College Development Council,
Punjabi University, Patiala.
Contact: 9416045366.
0020293641-1
PUBLIC NOTICE
I K.P. Saravanan S/o K.V.
Ponnukuttan, R/o Saravana
Bhavan, West Thara, Kuthanur
(P.O.) 678721 Palakkad Kerala
declaring my wife
Nishidhasaravanan as next of
kin in place of my mother
Thankam M.
0020293671-1
IMPORTANT
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Limited cannot be held responsible for
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associations or individuals advertising in
its newspapers or Publications. We
therefore recommend that readers make
necessary inquiries before sending any
monies or entering into any agreements
with advertisers or otherwise acting on an
advertisement in any manner
whatsoever.
IN A landmark judgment, the J&K

High Court has observed that the
Article 370 is a permanent provision of the Constitution and
that it cannot be abrogated, repealed or even amended. The
court has also described Article
35A as one giving protection to
existing laws.
(The) Article 370, notwithstanding its title temporary provision is a permanent provision
of the Constitution. It cannot be
abrogated, repealed or even
amended as mechanism provided under Clause (3) of Article
370 is no more available, the
court observed in its judgment
on a case challenging the reservation benefit in promotions to
the employees.
The Constituent Assembly
(of 1957) is conferred power to
recommend to the President

that Article 370 be declared to
cease to be operative or operate
only with the exceptions and
modifications. The Constituent
Assembly (however) did not
make such a recommendation
before its dissolution on January
25th, 1957.
The high courts observations
assume significance in the backdrop of petitions challenging
Article 370 (that gives special
status to Jammu and Kashmir)
and Article 35A.
In its observations, the division bench of High Court referred to the backdrop of signing
of instrument of accession and
the special status of the state in
constitution. The court observed
that Article 370 embodied conceptual framework of relationship between the Union of India
and Jammu and Kashmir.
Jammu and Kashmir while
acceding to Dominion of India,
retained limited sovereignty and

did not merge with Dominion of
India, like other princely states
that signed Instrument of
Accession with Dominion of
India, the court observed.
The state continues to enjoy
special status to the extent
of limited sovereignty retained
by the state. The limited sovereignty or special status stands
guaranteed under Article 370 of
the Constitution, it added.
The court also said that
Article 35A gave protection to
existing laws. The Presidential
order also added new Article like
Article 35A to the Constitution...
The Article 35A gives protection
to existing laws in force in the
state and to any law enacted after
1954 by the state legislature. (It)
defines the classes of persons
treated as permanent residents
of the state, defines special rights
and privileges, the court observed.
SUSHMA IN MALE
India, Maldives
discuss security,
trade ties
PRESS TRUST OF INDIA
MALE, OCTOBER 11
INDIA AND the Maldives decided on Sunday to ramp up cooperation in various fields including defence, security and
trade as the two nations
restarted the Joint Commission
talks after a hiatus of 15 years.
External Affairs Minister
Sushma Swaraj, on a two-day
visit, assured the Maldives that
India will always be the net security provider to the Indian Ocean archipelago. She stressed that
it is important to insulate both
countries from trends towards
radicalisation and terrorism.
Noting that there has been an
unnaturally long hiatus in the
meeting of the Joint Commission, Swaraj said, I bring a message of neighbours first from
the Indian government.
Following the meeting, the two
sides signed MoUs on cooperation between Foreign Service
Institutes of both countries and
on cooperation in sports and
youth affairs.
The Joint Commission proposed establishment of a Joint
Business Forum and suggested
that an investment oriented forum be part for 2016. Both sides
agreed to explore further measures to increase trade.
Mainpuri violence: 9 more,

including BJP leader, held
Party says member falsely implicated; SP leaders brother booked too
EXPRESS NEWS SERVICE
2 WOMEN HELD FOR

ASSAULT ON COPS
LUCKNOW, OCTOBER 11
NINE PEOPLE, including president of BJPs Mainpuri city unit
Rakesh Chandel, were arrested
on Sunday for their alleged role
behind the violence in the area
over rumours of cow slaughter
on Friday. They were produced
in court and then sent to jail.
A case has also been registered against a Samajwadi
Party leader Prashant Yadav,
who is the brother of Nagar
Panchayat chairman Sanjeev
Kumar Yadav. He is yet to be arrested.
As many as 29 people have
been arrested so far in connection with the violence, in
which policemen were attacked too.
While district BJP president
Alok Gupta claimed Chandel
has been booked on false
charges, Nagar Panchayat
chairman Sanjeev Kumar
Yadav claimed his brother was
at the district SP office when
the incident took place. Yadav
said that SP workers who have
differences with him were trying to implicate his brother in
a false case.
Mainpuri SP Rakesh
Shankar said that so far they
have found that Chandel has a
political background. They
were now trying to find out if
others have political links, he
added.
Fridays violence was triggered when Muslim men Lalla
The police on Sunday

arrested local SP leader
and Municipal Board
corporator Malti Yadav
and her daughter-in-law
Arti for attacking the
policemen who had gone
to arrest Maltis son, an
accused in the arson case.
The two were released on
personal bond later in the
evening, police said. ENS
Policemen urge people to maintain calm in Mainpuri. PTI

and Shafeeq were spotted
skinning a cow carcass on the
outskirts of Karhal town. The
two were thrashed before police rescued them. Later, police
said that postmortem had confirmed that the animal died of
some disease about 24 hours
ago.
However, Shafeeq and Lalla
were booked on charges of promoting enmity between different groups on grounds of religion and making statement
creating or promoting enmity,
hatred between classes.
In another case lodged in
connection with the incident,
police named 31 and booked
250-300 unidentified people

under charges of arson, rioting,
attempt to murder, attack on
police force, conspiracy and
Section 7 of Criminal Law
Amendment Act.
Meanwhile, the families of
Shafeeq and Lalla have alleged
that police were not lodging an
FIR in connection with the assault on the two men.
They claimed they have already filed a police complaint
in this regard.
The families also alleged
that Nagar Panchayat chairmans brother Prashant Yadav
was the key person behind the
violence.
Shafeeqs son Jaleel told The

Indian Express that after a resident told him a crowd was
thrashing his father, he rushed
to the spot and found Prashant
leading a mob of around 300
people. He arranged for a
kerosene container to set my
father on fire. The police
reached the spot on time and
rescued my father. I was scared
they could attack me too. I ran
home and informed my family
members and relatives, said
Jaleel.
He added that despite being
an eyewitness to the incident,
no policemen recorded his
statement. He also said that he
was sent back from the police
station when he went there to
get his statement recorded.
Lallas brother Mohammad
Yunus said, I was not present
at the spot. But I too heard that
Prashant was leading the
mob.
ALLEGATIONS AGAINST NATESAN
No fresh probe into

Sivagiri Mutt swamis
death: Chennithala
SHAJU PHILIP
THIRUVANANTHAPURAM,
OCTOBER 11
WITH FRESH allegations that
Saswathikananda Swami of
Sivagiri Mutt, who died in 2002,
was murdered, the Kerala Home
Minister Ramesh Chennithala on
Sunday ruled out a re-investigation of the case.
Chennithala said the police
had completed their probe and
a new inquiry was possible only
if fresh evidence emerged. If the
swamis family files any complaint, it will be handed over to the
police. However, the case will be
reopened only if there is fresh
evidence, he said.
The sanyasi was found dead
at a bathing ghat near Advaitashramam at Aluva near Kochi
on July 1, 2002. Police probe had
claimed he had drowned.
However, with Sree Narayana Dharma Paripalana Yogam
general secretary Vellappally
Natesan emerging a rising force
in Kerala politics, allegations that

he had a part to play in the swamis death have resurfaced. Biju
Ramesh, liquor baron and leader
of Sree Narayana Dharma Vedi,
recently claimed Saswathikananda was murdered by a goon
at the behest of Natesan. Ramesh
and Natesan are known rivals.
The late swamis mutt, his
family and prominent Ezhava
leaders have joined Ramesh in
demanding that the death be reinvestigated. Mutt chief Prakasananda Swami Sunday said:
He ( Saswathikananda) was a
good swimmer. Hence, we could
not believe the theory of drowning. There was a deep wound on
his forehead. I have heard that
the swami had some issues with
Natesan and his son Thushar
during their Gulf tour, he added.
Saswathikananda had died
shortly after he returned from a
tour of the Gulf nations with the
Natesans. Former SNDP Yogam
president C K Vidhyasagar said
swamis death should be probed
as a murder case.

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6 EXPRESS NETWORK

Art 370 permanent...

OFFICE OF THE MARKET COMMITTEE, CHANDIGARH

NOTE: SERVICE TAX AND TCS WILL BE EXTRA

IN A landmark judgment, the J&K

recommend to the President

retained limited sovereignty and

Mainpuri violence: 9 more,

2 WOMEN HELD FOR

The police on Sunday

Policemen urge people to maintain calm in Mainpuri. PTI

250-300 unidentified people

Shafeeqs son Jaleel told The

ALLEGATIONS AGAINST NATESAN

No fresh probe into

in Kerala politics, allegations that

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