UT asked for notification on helmet exemption in PIL on traffic

Regarding the compliance of direction ordering the demolition in Sector 24, Justice Swatenter Kumar observed: "I have heard the Estate Officer at length. All the points raised by him were duly considered by this court by a detailed order. The Honourable Supreme Court has already vacated the stay in regard to the implementation of the direction".

Justice Kumar further observed: "I see no public interest is being served. In fact, it is only an attempt to somehow wriggle out of the directions of the Court because the compensation of Rs 60,000 is to be recovered from the officers, who were responsible for creating chaos. In any case, there is no review before this court, which otherwise also is not maintainable, as the stay has already been vacated by the Honourable Supreme Court".

After hearing the counsel for UT Administration, Justice Kumar observed: "The counsel submits that all the directions, except the ones stayed by the Honourable Supreme Court, and more particularly the directions with regard to the school would ensured".

Permitting the counsel for the State of Punjab to submit the status report within 10 days, Justice Kumar observed: "The counsel for the State of Punjab, upon instructions from Additional Secretary, Transport S.S. Puri, submits that the State is ensuring the compliance of the directions given by this court, expect the ones specifically stayed by the Honourable Supreme Court of India. He prays for some time to file the status report."

Granting 10 days time to the State of Haryana also for submitting the status report, Justice Kumar observed: "Counsel appearing for the State of Haryana prays for time to file the status report as the draft of the same is stated to be ready. He further submits that every step will be taken to ensure compliance of the directions issued by this court".

The High Court, in the order pronounced on July 9 last year, had made helmets compulsory for both men and women riders and those on the pillion. Persons wearing turbans had, however, been granted exemption.

The Court had further ordered the demolition of two shops constructed on the road in Sector 24 and the restoration of the road to the original as they were an hindrance to the free flow of traffic.

Jerath case: Notice on 4 bail applications
On four applications by former UT chief engineer K.K. Jerath seeking release on bail, Justice R.L. Anand of the Punjab and Haryana High Court today issued notice for August 6.

Jerath, lodged in the Burail Jail for about seven and a half months now, was booked by the UT Vigilance Department under the Prevention of Corruption Act, besides under the Indian Penal Code. While first information report number 1 of 1998 was registered after certain diaries were recovered from the residences of the alleged middlemen during raids by the Income Tax authorities, the other FIRs pertained to the allocation of work in Sector 32 Government Medical College and Hospital. Seeking his release on bail, counsel for the former UT chief engineer stated in the petition that Jerath was being implicated in the cases.

In FIR number 1 of 1998, the counsel stated, 21 out of 37 accused had not even arrested by the prosecution "inspite of the fact that the role attributed to them was the same as attributed, though wrongly, to the petitioner". Regarding the allegations in FIR number 2 of 1998, the counsel stated that "main accused — then executive engineer S.S. Bhatti, then superintending engineer S.C. Katyal, superintendent Kans Raj Saini and draftsman Nand Ram had been mentioned as accused, but not arrested". In FIR number 3 of 1998, counsel stated that none of the eight accused had been arrested, while in FIR number 1 of 1999, "all allegations were fully covered in the investigation of FIR number 3 of 1998", the counsel added.

Notice to SGPC, Jagir Kaur
Issuing notice to Shiromani Gurdwara Parbandhak Committee, besides president Bibi Jagir Kaur and another respondent for August 2, the Punjab and Haryana High Court today stayed the operation of a letter conveying a resolution "vide which a new managing committee of Patiala General Shivdev Singh Diwan Gurbachan Singh Khalsa College was shown to have been constituted".

In his petition, taken up by Justice G.S. Singhvi and Justice M.S. Gill, secretary of the managing committee Karnail Singh had earlier sought the quashing of the resolution dated June 5 "vide which the new managing committee was shown to have been constituted for the remaining period upto December 2, 2000".

He had also sought the quashing of a letter dated July 7, 1999 "vide which the elections of two staff members of the new managing committee were sought to be ordered as it was illegal, unlawful and contrary to the rules and regulations framed under the Sikh Gurdwara Act, 1925".

Counsel for the petitioner, M.L. Saggar had stated that "due to political differences between Punjab chief minister Parkash Singh Badal and former president of the SGPC, the atmosphere of the educational institutions was sought to be vitiated merely on the apprehension that the earlier members of the managing committee were probably the persons appointed by the former SGPC president".

Claiming the SGPC was "playing in the hands of the politicians", the counsel had also submitted that the petitioner was approaching the court "so that insubordination was discouraged". Regarding the "law points" involved, the counsel had stated that it was to seen "whether the alleged resolution, substituting a new managing committee was illegal, unlawful, malafide and was liable to be quashed?"

In a copy of resolution, enclosed as an annexure with the petition, it was stated that Bibi Jagir Kaur was the president, Kulwant Singh was the secretary and Gurbachan Singh Magat was the additional secretary.