SINCE 1928 Guess this has to Go to my 102-yr-old dad: douGlas Pg 7 BJp Caste CalCulus: an eleCtion stunt REG. NO. MCS/048/2018-20; RNI NO. 1541/1957 M.P.C.S office Mumbai-400001 Fast News UK TO EXTRADITE BOOKIE CHAWLA LONDON: A British court on Monday cleared the extradition of Sanjeev Kumar Chawla, a key accused in the cricket match-fixing scandal involving former South African captain Hansie Cronje in 2000, in a major boost to India's efforts to bring back the alleged bookie to face match-fixing charges. A spokesperson for the Crown Prosecution Service, which argued on behalf of India in the extradition case, said, "the district judge on Monday quashed its earlier order and cleared the extradition of Sanjeev Chawla to India." The case will now go to Home Secretary Sajid Javid for a formal extradition order. If the Home Secretary thinks extradition should go ahead, he has to order it within two months from the date the matter was referred to him. CBI VERSUS CBI: VERDICT TODAY NEW DELHI: The Supreme Court is scheduled to pronounce on Tuesday its verdict on CBI Director Alok Kumar Verma's plea against the Centre's decision to divest him of powers and sending him on leave. The Centre had taken a decision against Verma and CBI's Special Director Rakesh Asthana after their feud become public as they made allegations of corruption against each other. Verma has sought quashing of three orders of October 23, 2018 -one by the Central Vigilance Commission (CVC) and two by the Department of Personnel and Training (DoPT), as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution. AGP WITHDRAWS SUPPORT IN ASSAM GUWAHATI: The Asom Gana Parishad on Monday withdrew its support to the ruling BJP in Assam over the Citizenship Amendment Bill. The Bill seeks to provide Indian citizenship to non-Muslim migrants from Bangladesh, Pakistan and Afghanistan. The decision followed a meeting between an AGP delegation and Union Home Minister Rajnath Singh. "We made a last ditch attempt to convince the Centre not to pass the Bill. But Singh told us clearly that it will be passed in the Lok Sabha on Tuesday. TAILPIECE STOP STALKING, SENA TELLS BJP Stop following us like a ‘road Romeo’, said Shiv Sena Member of Parliament and party spokesperson Sanjay Raut, resorting to an old Bombay, oops, Mumbai colloquialism, to tell off their alliance partner, the Bharatiya Janata Party (BJP). “We have repeatedly told you, we have no interest in you. Why are you forcing us to fall in ‘love’ with you and ‘marry’ you? Why are you following us like a roadside Romeo? This is stalking and it is an offence as per the law,” said Raut sternly. Last week, at a rally, the national president of BJP, Amit Shah, said they would leave no stone unturned to keep this alliance intact. Reacting to this, Raut retorted, “Our slogan is ‘Ekla Chalo Re’ and for our part, we have said no. At this rate, BJP will get nothing but frustration, which is the lot of jilted lovers. They are making fools of themselves. The BJP has forgotten what happens to a jilted lover. They are driven to suicide and become mad,” indicated Raut.Raut reminded Shah that it was the BJP which had snapped ties with the Sena, after nearly 25 years of alliance in 2014. “Why hadn’t Shah stopped his party leaders from doing so at that time,” he questioned. “Why is it a burning question now? Then they had said to bury us, but we proved that we couldn’t be buried. Now they want us to be with them. But BJP forgets we Sainiks are Sons of the soil, waiting with drawn swords,” he claimed. `2 WEATHER 320C. 140C. Sunrise: 07:18 am Sunset: 06:13 pm China Get luCky in their asian Cup opener Pg 19 THOUGHT FOR THE DAY Vol. 62 No. 216 | TUESDAY | JANUARY 8, 2019 | 20 Pages EDITIONS: MUMBAI*, PUNE, INDORE, BHOPAL www.freepressjournal.in twitter.com/fpjindia Worship the forces of Nature, because, these are the ones that we are closely associated with, and interact with. WIN-WIN FOR BJP, TRAP FOR OPPN EDIT Pg 8 Sri Ma 10% JUMLA, 90% VOTE BANK POLITICS In what could be a defining moment for political parties, the BJP has set the agenda for 2019 by proposing 10% quota for the economically weaker sections among the upper castes. The BJP hopes to reap a rich harvest by laying for the Opposition the classic political bait – As any opposition party which opposes the Bill will be perceived as anti-poor by the electorate. I FPJ SPECIAL OLAV ALBUQUERQUE n a masterstroke, aimed at circumventing the 1992 Supreme Court judgment capping reservations at 50 per cent, the Narendra Modi government will introduce a Bill to reserve a further 10 per cent of the quota pie for the poor among the upper castes in government jobs and educational institutions. The reservation will be caste- and religion-neutral and achieved by amending Articles 15 and 16 of the Constitution. So, it will be available to the poor among upper castes like Brahmins, Baniyas, Rajputs and Jats, which have never enjoyed reservation hitherto available only to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes. Currently Articles , 15 and 16 deal with social and not economic backwardness of the people, just as articles 330 to 340 make provisions for uplift of the scheduled castes and tribes without any mention of economic backwardness. The BJP issued a whip to all its MPs on Monday asking them to remain , present on the last day of Parliament’s winter session on Tuesday; it has also extended the Rajya Sabha session by just one day to pass the Bill, though it does not have the requisite numbers in the upper house. This Bill is seen as a classic political bait as any opposition party which opposes the Bill will be perceived as antipoor by the electorate. This is why the left parties have welcomed the Bill while others have given conditional support, if it is “constitutionally feasible.” But the Bill appears at first sight to be constitutionally untenable because a 11judge bench of the Supreme Court had struck down in 1992 a similar bill passed by the Narasimha Rao government one year earlier reserving seats for the economically backward in govern- Senior citizen in molestation row on flight STAFF REPORTER / Mumbai The Sahar police arrested a 65-year-old man on Monday afternoon for inappropriately touching a female passenger on board a Delhi-Mumbai Vistara Airlines flight. The accused, identified as Anilkumar Mulchandani, is a retired person, who was returning to Mumbai after visiting his family in Delhi. The police have booked him under relevant sections of the Indian Penal Code pertaining to sexual assault.According to police sources, Mulchandani and the victim were on board a Mumbai-bound Vistara Airlines flight UK-995. The 41year-old complainant, a Singapore resident, was visiting her family in Mumbai and was seated next to Mulchandani in the flight. The complainant said that during the course of the flight, Mulchandani touched her inappropriately at least thrice after which she asked him to keep his hands to himself. Initially she felt it , was unintentional but when he persisted despite her stern warning, she approached the cabin crew, who then asked Mulchandani to change his seat.After the flight landed in Mumbai, the woman accompanied cabin crew members and approached on-duty police officers at the airport. He was then brought to the Sahar police station and a formal complaint was lodged. CONTD. ON P6 CRITERIA OF QUALIFICATION ment jobs and in schools and colleges. In 1992, the 11-judge bench had stated that economic backwardness can only be a basis together with social backwardness, which implied that the two could not be delinked. In fact, there is no clear cut mention of economic backwardness in the constitutional amendment debates which is why this Bill is being hailed as “historic” although this may not be true. The new bill stipulates that if the aggregate household income is over Rs 800,000/- per annum or the family owns five acres of agricultural land or a house of 1000 square feet, they will be ineligible to fall within the ambit of the 10 per cent quota. Hence a new parameter for economic backwardness has been carved out, so that those upper castes which are ineligible for reservations in education or public jobs because they do not come under the umbrella of scheduled castes, scheduled tribes and other backward castes, can now apply under the new category of economic backwardness, although they belong to the upper castes. The fact that the Modi government has introduced this Bill four years and eight months after it has ruled the country and just three months before the general elections to shrink the open merit category to 40.5 per cent in top educational institutes like the IITs, IIMs or medical colleges has escaped attention. Neither has the Modi government been able to create the jobs it promised. Hence, politics overrides law, because although the Constitution dictates there will be no discrimination on ground of caste, creed, race, religion, language, or place of birth, votes dictate Cabinet policies on reservations which, if struck down by the apex court, can be nullified by an Ordinance or a Bill passed by popular demand. Bigger win than 83: Shastri 3,337 buses go off road from today SWAPNIL MISHRA Mumbai With over 3,337 buses going off the roads from midnight on Monday commuters must , brace for much hardship. Over 35,000 BEST employees have decided to go on an indefinite strike from midnight, as announced on December 24. This comes after an unfruitful meeting between the BEST management and union leaders on Monday afternoon. “Despite such an important meeting on the agenda, the general manager of the BEST was not in attendance. A personnel department official conducted the meeting, so no fruitful outcome was expected,” said Shashank Rao, president of the BEST Workers’ Union. However, on Monday an in, dustrial court had restrained the employees of the civicrun undertaking from going on a strike. The BEST management had declared the strike illegal and issued internal circulars warning staffers of strict action if they proceeded with it. It further said provisions of MESMA would be invoked against union workers. CONTD. ON P6 • Annual income is below Rs 8 lakh. • Own agricultural land of less than five hectares. • Own home smaller than 1,000 sq. ft. • Own residential plots below 109 yards in notified municipality. Needs to clear SC threshold, RS hump FROM OUR BUREAU New Delhi The upper caste reservation may not stand the Supreme Court's test and it may not materialise in near future, but it will certainly sway the voters in the Lok Sabha elections. The Congress, too, gambled in 2014 with a similar quota for Jats in government jobs and educational institutions by including them in the category of OBCs. The decision, however, failed at the altar of the Supreme Court, on the ground that backwardness has to be social and not just educational or economic; also, caste cannot be the sole factor. The constitutional bill being pressed by the Modi government rests on "economic backwardness" that has been already struck down by SPORTS DESK Sydney India coach Ravi Shastri on Monday used his tried and trusted ammunition to attack critics, saying negative comments coming from miles away were blown away by the wind like, what else, but a "tracer bullet". Moments after India's maiden Test series triumph in Australia, Shastri hit back at the critics, including the legendary Sunil Gavaskar, who had questioned selections and the training regimen of the team. Court junks Singhania plea against father AGENCIES / Mumbai A Mumbai court has dismissed a plea filed by Raymond Group Chairman and Managing Director Gautam Singhania seeking an injunction on his father Vijaypat Singhania’s proposed autobiography “The Incom, plete Man”. City civil judge SP Ponkshe, in her order passed on January 3, noted that Gautam Singhania had failed to prima facie show that the book contained defamatory statements and imputations about him or his family members. Gautam Singhania had filed the suit in September 2018 seeking an injunction on CONTD. ON P6 the court in the aforesaid judgment and hence it will be difficult for it to cross the judicial threshold, which also does not permit any reservation beyond 50%. The BJP government of Devendra Fadnavis in Maharashtra has also announced 16% reservation for the Marathas under a new socially and economically backward category as rec, ommended by the state backward class commission. The decision has, however, not yet cleared legal scrutiny as , the matter is being still heard in the Bombay High Court. Economists say if the criteria cited by the officials for 10% reservation for upper castes passes the judicial test, it will inadvertently benefit the Muslims in a big way which the BJP may not , have gambled for. CONTD. ON P6 The chief coach further equated India's maiden Test series win on Australia soil with the historic 1983 World Cup triumph terming it "as big if not bigger". "I will tell you how satisfying it is for me. World Cup 1983, World Championship of Cricket 1985 this is as big, or even bigger, because it is in the truest (Test) format of the game. This is Test cricket, which is meant to be the toughest," Shastri said. "Past is history future is , a mystery We have won to. day after 71 years and I'd like to live in the present. Cong comes out in Bill’s full support FROM OUR BUREAU New Delhi The Congress, on Monday , came out in full support of Modi government's decision on 10% reservation, saying it is committed to every step being taken for making the poor stakeholders in the prosperity of the society . "We may have political differences with the BJP but we shall stand with our staunchest political opponent in helping out the poor," Congress chief spokesman Randeep Singh Surjewala told a press conference here, asserting that his party supports CONTD. ON P6 And salute my captain for being the captain of the team that beat Australia for the first time in Australia in a series," he added. Skipper Virat Kohli too compared this series victory to the 2011 World Cup, as he termed it as more emotional than ever before after his team's maiden Test series. "I was a part of the 2011 World Cup team but I didn't have the emotion of not having been able to win a World Cup before, playing at home and winning it eventually . CONTD. ON P6 1,384 MHADA flats under legal lens Explain sale of flats meant for PAPs: HC STAFF REPORTER Mumbai The Maharashtra Housing and Development Authority (MHADA) will now have to explain why and how it has decided to sell more than 1,300 flats in Mumbai alone, which are allegedly meant for Project-Affected Persons (PAPs). The development authority has been called upon by the Bombay High Court to explain its decision in an affidavit. A division bench of Chief Justice Naresh and Justice Nitin Jamdar also sought to know from MHADA the steps it has undertaken to rehabilitate thousands of PAPs, who have been awaiting accommodation for years together. The bench was seized with a Public Interest Litigation (PIL) filed by activist Kamlakar Shenoy , accusing MHADA of planning to sell nearly 1,384 flats in the city by exceeding its jurisdiction.“Since these flats are covered by the Development Control Regulations (DCR), the sale of these flats is illegal. These flats cannot be sold to anyone as these are only meant for rehabilitating PAPs who are affected by various development and redevelopment projects of the government. Thus, these flats cannot be sold for commercial gains,” the petition CONTD. ON P6 • Own residential plot below 209 yards in nonnotified municipality area. T EWS MAIN BENEFICIARY he beneficiaries will be the economically backward among those castes which are not covered by quota for the socially backward. So, people who do not benefit from the 50% existing quota but are in the EWS (Economically Weaker Section), will benefit from this proposal. DEFINITION IS KEY C onstitution is silent on Economically Backward Upper Castes. The definition in the Bill will play a key role. CURRENT QUOTAS SCs – 15%; STs – 7.5%; OBCs – 27%; Total: 49.5% LEGAL OBSTACLE T he constitutional bill being pressed by the Modi government rests on "economic backwardness" that has been already struck down by the court and hence it will be difficult for it to cross the judicial threshold, which also does not permit any reservation beyond 50%. LONG PROCESS A Constitution amendment requires passage by each House by two-third majority and then ratification by the legislatures of not less than half of the states before it becomes a law. This is a long procedure and until then the quota benefit does not accrue to anybody. RS SPEEDBREAKER T he government does not have even a simple majority in the Rajya Sabha and as such it may not be able to get the Bill, which requires two-third majority, passed. Nor will it gain that many numbers in the Upper House even in the next three years to get the Bill passed. MNS chief’s rare apology STAFF REPORTER Mumbai A red-faced MNS chief Raj Thackeray was forced to apologise on Monday after the organising committee of the Marathi Sahitya Samelan revoked its invitation to the Sahitya Academy awardwinning writer Nayantara Sehgal to inaugurate a three-day conclave. Threats from local functionaries of the MNS had compelled the organisers to cancel her invitation. "When in her (Nayantara Sahgal's) presence, our profound culture and traditions stand unveiled, it can become a medium to exhibit our culture to the rest of the world. We have no objection to Nayantara Sahgal and we wholeheartedly welcome her," clarified Thackeray .