17.03.97 *t21

STATEMENT RE: BOMB BLAST AT JALANDHAR

1505 hours

THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MOHD. MAQBOOL DAR): Hon. Members had expressed their concern in this House on March 15th, 1997 regarding the bomb blast outside the Jalandhar City Railway Station on March 14th, 1997 which resulted in the death of seven persons and injury to twelve persons. As per report received from Punjab Government, a bomb blast took place in the parking lot of Jalandhar City Railway Station at about 13.05 hours on March 14, 1997. The bomb exploded a little after the Amritsar bound Shan-e-Punjab train had left the station and while the Flying Mail was approaching it. The bomb exploded at a place where seven to eight cycle rickshaws and a Gypsy Jeep of the Border Security Force were parked in front of the Railway Station. The explosion generated a lot of heat, suffocating smoke and nauseating smell. Six persons were killed as a result of the blast while thirteen were injured. One of the injured succumbed to his injuries in the hospital later.

DGP and other senior police officers rushed to the spot, made arrangements for transporting the injured persons to the hospital and cordoned off the blast site. A search of the area and the Railway Station was also carried out. Later in the evening, forensic experts from Chandigarh and Delhi reached Jalandhar to inspect the blast site and the dead bodies.

Preliminary investigations have revealed that the explosion was caused by an Improvised Explosive Device (IED) which was being carried by one of the victims namely Kamlesh Chaudhary whose leg got severed in the blast. The material collected from the blast site revealed that the crude bomb was possibly housed in a 2 kg. ghee tin which was wrapped around with cotton undergarments. The tin box was in a bag which was held in the hand by Kamlesh Chaudhary. The crude bomb also had a large number of rivets and iron nails which are commonly available. The casualties caused were mainly because of these rivets which worked as projectiles. The explosive material used appears to be Ammonium Nitrate or Potassium Chlorate which is a low grade explosive. However, this is being ascertained from the chemical analysis of the material found at the site.

The explosive and other material used in the IED, the modus operandi and the selection of blast site at Jalandhar points towards the possibility of involvement of the same subversive outfit which had earlier caused or tried to cause explosions at various places in Haryana, Delhi and Punjab. So far no militant outfit has claimed responsibility for the blast.

The security in the State has been beefed up. Passengers and vehicular traffic from Jammu and Kashmir is subjected to random checking. All public places like Railway Stations, cinemas, restaurants and places of religious gatherings are being covered.

Surprise and random checks of the trains coming in from Delhi or from Jammu and Kashmir are also being conducted. Night dominance operations have been launched throughout the State and senior officers move out in the field at night to check for any untoward incidents. Adequate security has been provided to the threatened persons and other sensitive installations in the State. The law and order situation is under constant watch and under control. Our security forces are maintaining strict vigil along the borders to prevent infiltration of militants and mercenaries and smuggling of arms and explosives from across the border.

The virtual rout of separatist elements in Punjab in the recently concluded Sikh Gurudwara Prabandhak Committee elections and subsequently in the State Assembly elections has completed the process of their marginalisation from the mainstream of public opinion in Punjab. As a result, there is demoralisation and desperation among the few remnants of separatist elements and their patrons based abroad who may select soft targets like this to show their existence and to malign the democratic process in the State which has been strengthened by recent elections.

Let me once again assure the House that by proper and coordinated action by all the concerned Central and State security agencies, perpetrators of such cowardly acts would be severely dealt with and not allowed to disrupt the peace and harmony that valiant people of Punjab have established after defeating the evil forces of terrorism and fundamentalism.

(ends)

MR. CHAIRMAN (COL. RAO RAM SINGH) : Has the Government thought of giving any monetary aid to the next of kin of the deceased personnel?

SHRI P.R. DASMUNSI (HOWRAH): Did they ask the Punjab Government to do something? Or, is it that they themselves would be doing something?

MR. CHAIRMAN : I recommend that the Government should give some monetary grant to the next of kin of the deceased personnel.

SHRI MOHD. MAQBOOL DAR: Sure, Sir.

MR. CHAIRMAN : Thank you.

SHRI MADHUKAR SARPOTDAR (MUMBAI NORTH-WEST): If the Punjab Government has done something, it should have been mentioned in the statement. The hon. Minister should also have clarified what the Central Government wants to do.

SARDAR SURJIT SINGH BARNALA (SANGRUR): The Punjab Government has already announced a relief of Rs.1 lakh for each of the victims and the next of kin of the deceased.

SHRI RAMESH CHENNITHALA (KOTTAYAM): The Central Government can also give some money to the victims and the next of kin of the deceased.

SHRI P.R. DASMUNSI (HOWRAH): He has already assured us of that.

SHRI RAMESH CHENNITHALA (KOTTAYAM): He can give them double the money.

1513 hours

STATUTORY RESOLUTION RE: DISAPPROVAL OF NATIONAL ENVIRONMENT

APPELLATE AUTHORITY ORDINANCE - Contd.

AND

NATIONAL ENVIRONMENT APPELLATE AUTHORITY BILL - Contd.

MR. CHAIRMAN : The House will now resume discussion on the National Environment Appellate Authority Bill. Shri K.V. Surendra Nath.

SHRI K.V. SURENDRA NATH (TRIVANDRUM): Sir, I rise to support this Bill.

MR. CHAIRMAN : I would request hon. Members to restrict their submissions to ten minutes, if possible.

SHRI K.V. SURENDRA NATH (TRIVANDRUM): I will be as brief as possible.

I rise to support this Bill and welcome this important piece of legislation. There actually have been some lapses. In 1974, we effected a Constitution Amendment, which made it a duty and an obligation for all the citizens of India to conserve, preserve and improve the environment. That was in 1974. Then, a spate of legislations came in and finally, in 1986, the Environment Protection Act was enacted. That contains at lease two provisions dealing with the same point as this present legislation has been trying to deal with. Under Section 3 (1) of the Act, the Government can, when the need arises, appoint an Authority, or by whatever name it is called, to decide on the environmental problems. And Section 5 gives the Government powers to issue orders on environmental problems to whoever it concerns. These were provided for in 1986.

We have taken twelve years to legislate this piece here on the Environment Appellate Authority. In the meantime, there have been a large number of examples, including our own Kerala's Silent Valley, where after having a long protracted struggle for ten years, we won the case. I think, the Silent Valley is now safe and protected.

There were several other cases also. All these affected people did not have a place to go to. They used to go to the civil courts and get a negative order. So, the sole resort was to approach the courts, including the Supreme Court. The last resort has finally become the first resort for the people who were affected by the environmental problems. That is what has happened. A number of cases came. There was no solution. The fact is that the Environmental Protection Act did have certain lacunae and deficiencies. It did not have the teeth. So, it was very difficult to use the Environmental Protection Act to solve all these problems. As one of the previous speakers said, an order was issued by the Supreme Court in an entirely different context in Tamil Nadu. It has nothing to do with this. Anyway, it is a very big thing and I welcome it. All these problems arose because the civil court did not have the central direction to deal with these cases. As one of the hon. Members said the quasi judicial body should take decisions within a time limit, that is, three months or at the most four months. This is a blessing in disguise. We should not negate the good impact this piece of legislation is going to make in the environmental sphere. The world is concerned with the environmental problems. Almost all the States have enacted legislations several years back. Kerala, a small State with two crores of population had brought a legislation ten years back. Almost all the other countries have done it. I do not know about Africa and Latin America. We are ten years late. But better late than never. This is what I have to say about this.

Now, a question arises regarding counterpoising development with environmental issues. Positive development has to take care of the environmental problems. Environment and development should be integrated together. That is the only way to bring about what we call sustainable development. Without sustainable development, we would be wasting our natural resources, we would be spoiling the ecology and we would be destroying the forest and environmental wealth. So, it has to be united and integrated. The development has to be integrated along with environment. It should be environment-cum-development. I hope this independent body would insist upon such an attitude. I do not want to say anything more. Many issues could be discussed, but I do not want to, because time is so scarce. I am not going to deal with all those things. I just want to deal with certain things. As I said, I support this Bill. The Bill is welcome. At the same time, I have certain suggestions to make.

MR. CHAIRMAN (COL. RAO RAM SINGH): Will you please conclude now?

SHRI K.V. SURENDRA NATH (TRIVANDRUM): Sir, I will take only one or two minutes. I think I should be allowed this much of time.

It has become inevitable. Due to the new policy of globalisation and liberalisation, the environment, including our great Himalayas, is in danger. So, to protect the environment including the Himalayas, to protect our rivers and to protect our sea coasts, some restrictions have to be made. People are also suffering because of bad environment. That is what I want to say.

Now, coming to the clauses of the Bill, I would say that it is an all India situation and they have to function from Delhi. As you know, India is a vast country and how can they control it from Delhi? There are two categories of coastal line; one category is sea coast up to 200 metres from where the waves touch the land, and the other is the area between 300 and 500 metres from where the waves touch the land. Our coastal line is bigger than that of any other country. With such a vast area, how would they be able to control it with limited scope given to the Authority? I do not know how they are going to tackle this problem.

When I went into the details, I found that the Authority was left to work out the time, place, mode, features and their procedure, etc. It was also left to the Authority to decide about the rules and regulations which is a part of the Bill. Many more things are also left to the Authority to decide. The Authority would have five members, that is what the Bill says.

MR. CHAIRMAN (COL. RAO RAM SINGH): Okay, please wind up.

SHRI K.V. SURENDRA NATH (TRIVANDRUM): I am winding up. I have to make only two more points.

MR. CHAIRMAN: I suggest, you reduce it to one more point only. You may choose the most important of the two because a lot of other hon. Members are to speak. I think, in all fairness, you have got to give opportunity to others.

SHRI K.V. SURENDRA NATH (TRIVANDRUM): Okay.

The number of members is restricted to five only. It should be increased to at least seven. I am not going into the justifications for that because there is no time. The second point is that the Chairman would resign or retire at the age of 70 and the members would do, at the age of 65. At the same time, there is another provision for tenure, that is, they will have a tenure of three years. When they are having the criterion of age, why should they have another criterion of tenure? When they want to retain the tenure-criterion, why do they insist on age? I do not understand it.

A `Person' is defined as State Government, Panchayat, Municipality, association of people, etc. A person can have grievances which may arise out of the environmental problems. How can an association of people have the same grievance? It is a point of nicety. This point could be raised by lawyers in the courts of law saying that this is incongruous. Anyway, that has to be sorted out. That is what I want to say.

(ends)

MR. CHAIRMAN: Okay. Thank you very much.

Now, Prof. Jitendra Nath Das. You may please take only ten minutes.

1524 hours

PROF. JITENDRA NATH DAS (JALPAIGURI): I am very glad to support this Bill as this Bill is very nice. While supporting this Bill, I would like to hope that this Bill would be executed in the truest sense.

Environmental protection has been the most neglected area of our national life. There are so many rules and regulations to check pollution in our country. It is not as if there is no Statute to bring the culprits to book. In spite of all this, the position of India in the field of pollution is very bad. As you know, the capital of India, Delhi is the fourth most polluted cities in the world.

I think that not only the Central Pollution Board but also the State Pollution Boards have been polluted. The Government should come forward to execute all its rules, regulations and laws. I would like to know the latest position of the victims of the Bhopal gas tragedy like who has to get compensation, their rehabilitation and about the punishment to be given to the persons responsible for the tragedy. I would also like to know from the hon. Minister as to whether Bailadila, the most important mine in our country, has been told about the directions of the court. If so, I would like to know the exact direction of the Government.

Sir, there is a law that no industry would be set up without having an effluent treatment plant. But we see that injustice is being done without setting up these effluent treatment plants and people are exposed to various diseases. You know that there are so many power plants in our country out of which nitrogen dioxide is discharged which is dangerous to the health of our people. What is the reason of the Government to this problem? It is alarming that in our country, the judiciary is assuming the role of the Government in various spheres including pollution control. For example, 168 industries have been ordered to be closed down in Delhi by the order of the honourable Supreme Court. Nine tanneries in five districts of Tamil Nadu have been fined to the extent of about Rs.10,000 each and they are going to take many other steps in the field of pollution control. So, I would like to know from the Government whether the role of the Government is allowed to be played by the honourable Court.

There are so many lakes in our country. Is there any proposal to make all these lakes to be treated as national lakes? In this regard, I would like to point out that Mirik Lake of Darjeeling has already been proposed by the State Government of West Bengal to be treated as a national lake.

Another thing is that open cast mining is found in coal mining areas which will have an effect on the environmental discipline. What is the reaction of the Government in this regard?

Lastly, I would like to impress upon the Government that an alarming situation is prevailing throughout the country due to pollution, namely, environmental degradation. It is high time that the Government should realise its responsibility and statutory obligation to protect the people of the country from becoming unnecessary victims of this pollution which causes environmental degradation.

(ends)

1530 hrs

SHRI NITISH KUMAR (BARH):

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