Taking up the application today, Justice G. S. Singhvi observed in the open court: "The counsel for the petitioner has asked for a day's time for reply which is not opposed by the opposite side. Therefore, it is directed that the application be listed for arguments on April 26. Reply, if any may be filed by April 23, 1999".

Justice Singhvi, while declaring Rana elected, had also held the election of BJP candidate Ramesh Kashyap void. He had observed that Rana had polled 20,125 valid votes and Kashyap had polled 19,931 valid votes. The petitioner, Justice Singhvi had elaborated, had received 194 more votes than the respondent.

The High Court had earlier ordered the recounting of the votes within premises on Rana's election petition, under the supervision of the Punjab District and Sessions Judge (Vigilance).

HC upholds life sentence of 4 Jagadhari residents
Overruling the arguments of the counsel for four district Yamunanagar residents, sentenced to life imprisonment for murdering a candidate declared successful in the panchayat polls, the Punjab and Haryana High Court today dismissed their appeals against the Additional District and Sessions Judge's orders.

Pronouncing the orders, Justice V.K. Bali and Justice A.S. Garg observed: "In the given situation, the arguments of the counsel for the appellants are overruled on the close scrutiny of the entire evidence on the record and the totality of the circumstances, we find no ground to interfere with the finding of the conviction and sentence arrived at by the trial judge. Hence both the appeals fail and are dismissed".

The bench further observed: "The enmity part of the occurrence, as urged by the counsel, rather goes against the appellants as they were deprived of the right to collect the tax.... Therefore, they being the defeated persons had attacked the successful candidate, that is the deceased".

The four -- Bajrang, Pardeep Kumar, Balinder and Rajbir Singh -- were earlier booked by the Haryana Police under Section 302 read with Section 34 of the Indian Penal Code for murdering Braham Pal of village Ghoran Piple. According to the prosecution, a contract for transporting cattle and the right to collect tax for transportation from the panchayat had led to animosity between the accused and Braham Pal. The deceased had contested panchayat elections against Bajrang, the prosecution had added. Braham Pal's brother Prem Singh had added that the four had attacked the victim with lathis on August 31, 1989. Braham Pal was declared dead at the civil hospital in Jagadhri, he had added.

File status report on fertiliser scam: HC IN the alleged multi-crore fertiliser scandal, the Punjab Deputy Advocate was today directed by a division bench of the Punjab and Haryana Court here to "place on record a status report" regarding the investigations.

Pronouncing the orders in the open court, the bench comprising Justice G.C. Garg and Justice N.C. Khichi, also directed the DAG to "state by filing an affidavit of the investigating officer as to by which time the investigations would be completed and challan put up in the court". The case will now come up for further hearing on May 19.

Earlier during the proceedings, the DAG informed the court that the record regarding the investigations was available in Patiala District.

In the public interest litigation filed before the High Court, president of the Kisan wing of the Shromani Akali Dal (M) Satnam Singh Behru had earlier alleged that nearly Rs 200 crores was being annually misappropriated by the Fertilizer industry in Punjab alone. He had also alleged that certain officers allegedly involved in the scam were being shielded by the government of Punjab.

Elaborating upon his contention, the petitioner had stated that three officers of the Punjab Agro Industries Corporation had not even applied for anticipatory bail even though they had been named in the First Information Report. Only one senior officer had applied for the anticipatory bail and the same was granted to him.

The counsel for the petitioner had added that raids were not conducted at the residences of the remaining 11 officers either.

It had further been alleged that the investigating officer had been directed by the Punjab Chief Minister against arresting any officer. The Inspector General (Vigilance) had also expressed helplessness due to political intervention, it had further been alleged.

It may be recalled that a vigilance inquiry into the alleged scam was completed in April 1997. The registration of the FIR was, however, delayed by over a year even after the inquiry's completion.