Storm in Lok Sabha over Patna high court's view

Patna high court Chief Justice B M Lal's observation on Tuesday that President's rule should be clamped on Bihar following total collapse of administration has triggered uproarious scenes in the Lok Sabha on Wednesday.

As the verbal duel between the Rashtriya Janata Dal and the Samata Party members erupted into a scuffle in the well of the Lok Sabha, Colonel Ram Singh, who was in the chair at that time, adjourned the House for half an hour.

Even the Congress and Bharatiya Janata Party members intervened to avoid further deterioration in the dignity and decorum of the House. They pulled back the RJD members who were rushing into the well, flexing their muscles. The incident occurred during the extended zero hour.

The friction started when Nitish Kumar (Samata Party) was not allowed to speak by RJD member M A Fatmi and others when the chair called the former's name. Fatmi argued with the chair that he should be called first.

This was objected to by Brahmanand Mandal and Anand Mohan of the Samata Party.

Samata Party leader George Fernandes demanded the court's recommendation be implemented.

This led to acrimonious exchanges between the RJD members and the BJP members, and nothing could be heard in the din.

In the Rajya Sabha, divergent views were expressed over the issue.

Raising the issue during zero hour, Sikandar Bakht (BJP) said the fact that the court was compelled to make such an observation showed the state of affairs in Bihar.

In fact, the Patna high court was rather scathing in its criticism of the state administration.

The judge said on Tuesday that Article 356 of the Constitution empowered the high court -- besides the governor -- to recommend a spell of President's rule in the state.

The judge made the observations following an affidavit filed by the state deputy accountant general. The affidavit said a test audit revealed that fraudulent payments to the tune of Rs 100 million had been made to those who were reportedly ''working on muster rolls in different districts''.

The test audit was conducted as per the high court's instructions, following denials by three top state officials that any fraudulent payments were made. The officials also said the petition was ''false and frivolous''.

However, the deputy account general hinted at gross financial irregularities in implementing various Central schemes.

The court sought the affidavits following a public interest petition filed by the Sanyukt Nagarik Manch which demanded a CBI probe into the affairs of the rural development department. The Pakur-based Manch took up the issue after an executive engineer of the department was transferred when he filed a first information report. Even Pakur Superintendent of Police Arvind Pandey was transferred for having registered the FIR against the department.

The chief justice and his colleague, Justice S K Singh pulled up bureaucrats for ''dancing to the politicians's tune''.

The judges directed the state government to file another affidavit in response to the deputy accountant general's findings. An explanation has also been sought on the transfer of the two officials.

Meanwhile, former Bihar chief minister Laloo Prasad Yadav, main accused in the Rs 9.5 billion fodder scam case, could not be produced in the CBI designated court on Wednesday on medical grounds.

Two other accused -- former Bihar ministers Bhola Ram Toofani and Vidya Sagar Nishad -- were also not produced in the court for the same reason.

The next date of hearing has been fixed for August 26.

Laloo Yadav is undergoing treatment at the Indira Gandhi Institute of Medical Sciences while Toofani the Patna Medical College hospital.

A report on Laloo Yadav's medical condition was submitted to the CBI court by the superintendent of the Bihar Military Police guest house at Phulwarisharif, where the RJD chief has been lodged.

The report stated that Laloo Yadav was suffering from heart disease and had been advised bed rest for three weeks. The report has been prepared on the basis of the RJD chief's medical checkup by the doctors of Escorts Heart Institute, New Delhi.

Official sources in Patna said revelant rules were overlooked while asking the Escorts doctors to examine the RJD chief. Besides, neither the inspector general of prisons nor the director of the IGIMS were informed in this regard.

According to Bihar jail manual rules, private practioners are not allowed to enter a jail and treat a prisoner. Besides, no team could be called in for consultation without the jail medical officer's recommendation.

Nishad's condition is also reported to be unstable. He is under medical care in the Beur central jail, where he is lodged.

In another development, Bihar Director General of Police S K Saxena informed the designated CBI court that it may not have been possible for the police to execute the arrest warrant against Laloo Yadav on July 29 without resorting to firing.

Saxena, who filed an affidavit in the CBI court, stated that over 3,000 of Laloo Yadav's supporters had assembled at his official residence and any effort to clear them out of the premises could have invited the RJD activists's wrath.

The DGP said all possible steps were taken to co-operate with the CBI in arresting the former Bihar chief minister.

In another development, the CBI submitted a written reply to the designated court over a petition filed by Laloo Yadav alleging that he apprehended an attempt on his life.

The CBI denied the allegations that its Joint Director (East) U N Biswas tried to meet Laloo Yadav in the camp jail on July 31. The agency also refuted the allegation that Biswas had demanded security to take out a procession on August 1.

The petition, alleging that Laloo Yadav would be poisoned in CBI custody, was filed on August 6.

Alleging that his life was under constant threat in judicial custody, Laloo Yadav sought special security arrangements.

UNI

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Biswas was in a hurry to arrest Laloo: Gupta