Tuesday, September 16, 1975

THE MICHIGAN DAILY

Page Three

................................................ .


Court overturn s

Gandhi critic's

arrest

NEW DELHI, India (YP) - A
New Delhi high court, overturn-
ing the jailing of a prominent
journalist, ruled yesterday that
Prime Minister Indira Gandhi
must be prepared with specific
charges to back up her use of
the Internal Security Act to ar-
rest critics of her dictatorial
rule.
The two-man tribunal, which
ranks just below the Indian Su-
preme Court, decided that the
arrest of Kuldip Nayar was un-
lawful and chastised authorities
for their handling of the case.
"THIS IS a landmark decision
in Indian law which will have
an electrifying effect on the po-
litical situation," said an attor-
ney for jailed opposition leader
Raj Narain. "With this decision
hundreds of jailed prisoners can
seek their release on the
grounds they were unjustly de-
tained. It's a great rebuff to

the government."
Nayar, a senior editor of the
Indian Express and part-time
correspondent for the Times of
London, had already been re-
leased unconditionally on Fri-
day - two days after hearings
ended on his petition challeng-
ing the detention.
Within hours, the government
disclosed that it had asked all
state governments and other
federal territories to insure that
arrest warrants issued since the
emergency have been carried
out legally.
"ORDERS of detention which
do not conform to these legal
requirements may be reviewed
and necessary corrective action
taken," an official spokesperson
said, implying that persons
wrongly detained should be re-
leased.
Information Minister V. C.
Shukla said last month that

'

about 10,000 persons have been1
jailed under various emergency
powers. Of these, he said about
1,000 persons had been arrested
on purely political grounds and]
about one-third had been re-1
leased by the government.
Judges Sesha Rangarajan and
Rn. N. Aggarwal rejected two
key arguments used by the gov-
ernment in the Nayar case: that
persons arrested under the In-
ternal Security Act could not
challenge their detention in
court and that no formal charges
had to be disclosed to anyone.

chllenge," the judges declared,"
refusing to recognize an amend-
ment that Parliament passed in
July to block court review of
the arrests of thousands of per-
sons arrested since the govern-
ment proclaimed an emergency
June 26.
The judges also criticized the
refusal of the government to
disclose why authorities consid-
ered Nayar a threat to public
order - the charge listed on his
arrest warrant when he was
jailed July 25.
Nayar became the first per-
son since the emergency to win
a court order against the gov-

ernment over the detention is-
sue.
"I THINK that my stand has
been vindicated and so has that
of the independent press," Nay-
ar said after receiving congrat-
ulations from wellwishers.
A journalism graduate of
Northwestern -University in
Evanston, Ill., Nayar served for
a decade as a government in-
formation officer, rising to be-
come the press adviser to the
late prime minister Ial Baha-
dur Shastri.
Each Indian state and federal
territory has a high court, which
hears major petitions and suits.

"NO
ternal

ORDER
Security

under the In-
Act is beyond

PP P7,

obibb,

U.N. session faces
S.Africa ouster plan,

4p* 0
Anxious to follow the
Big Ten-Michigan Football
this Fall?

AP Photo
Sail away
The twin towers of the World Trade Center in New York City loom above the wind-driven
entries in the annual Battery Park City Governor's Cup sailboat race Saturday. The fleet of
contestants glided down the Hudson river in th air bid for championship.
JUSTICE DEPT TAKES REMAINING CASES
Middight deadline halts
Clemency Board action

UNITED NATIONS, N.Y. (P)
- The U.N. General Assembly
opens its 30th annual session to-
day, and an attempt to oust
South Africa from the assembly
looms among its sharpest is-
sues.
The 75 non-aligned countries
that form a majority of the 138
U.N. members have instructions
from the Lima non-aligned for-
eign ministers' conference of,
Aug. 25-30 to "work for the ex-
pulsion of the Pretoria regime"
and the granting of U.N. ob-,
server status to so-called South
African liberation movements.
BULLETIN
UNITED NATIONS (Reuter)
-South Africa will stay away
from today's opening of the
U.N. General Assembly, its
chief delegates said last night.
Ambassador Roelof Botha said
that the question of South
Africa's complete withdrawal
from the world body was un-
der serious review by his gov-
ernment,
THE MINISTERS described
the white-minority South Afri-
can government as "a full-i
fledged fascist regime bent on
perpetuating the ruthless domin-
ations of the indigenous popula-
tion" - a reference to the coun-

try's black majority.
Negotiators strove yesterday
to agree on a resolution for com-
prehensive aid to developing
countries that a current special
session of the assembly could
adopt as the final action of the
meeting that began Sept. 1.
Assistant Secretary of State
Thomas Enders and U.S. Am-
bassador Daniel Patrick Moyni-
han were negotiating for the
United States with Iranian, Ma-
laysian and Venezuelan officials
representing the developing
countries.
A U.N. spokesman said the
close of the special assembly,
set for last night, might be post-
poned to this morning.
THE negotiators had trouble
with how to word provisions
calling for developed countries
to boost their development aid
to 0.70 per cent of their gross
national product by 1980 and for
part of the International Mone-
tary Fund's special drawing
rights for currency stabilization
to be diverted to development
aid.
Non-aligned sources predicted
privately yesterday that South
Africa's critics, including the
powerful African group, would
seek to bar South Africa from
the assembly's proceedings as
they succeeded in doing last
year.

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WASHINGTON VP) - The
Presidential Clemency Board
worked hard yesterday trying to
finish action on remaining 300
cases before it was to go out of
existence at midnight, as the
law required.
Any loose ends that remain
are expected to be turned over
to the Justice Department.
THE EXACT number of out-
right pardons or pardons con-
ditioned on a period of public
service work recommended to
President Ford won't be figured
out until the job is wrapped up,
said board spokeswoman Nia
Nicholas.
The board was created exact-
ly a year ago by Ford to enable
convicted draft evaders and
punished deserters of the Viet-
nam era to wipe out some of the
stigma "with a second chance"
by earning pardons.
However, only 21,000 of an es-
timated 120,000 considered eli-
gible applied. And it turned out
that 5,000 of the 21,000 were in-
eligible for various reasons, in-I

cluding the fact that some were know. But he notes that all
World War I and World War II promised wlien they signed up
or Korea era offenders. to perform if ticketed for jobs.
Since they have 30 days to re-
OF THE 16,000 applicants who port after the President acts on
were eligible, the board has each case, only 306 men have
been recommending outright reported so far. A month ago
pardons for about half and par- the figure was 130. Those ac-
dons conditioned on a work per- tually working total 54.
iod for the other half. The latter Those in another part of the
could be assigned up to two clemency program, that for un-
years on the job, but few have punished deserters, also made
gotten more than a year. promises to perform jobs when

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About six per cent are re-
ceiving decisions recommending
'no clemency." ,
Board Chairman Charles
Goodell has expressed disap-
pointment at the small number
of men who signed up but says
the program is worthwhile for
the benefit it is giving those who
did sign up.
GOODELL, when asked how!
many might have signed up in
a gamble for an outright par-I
don with no intention of per-,
forming a job, said he doesn't

Hurried legislation
produces foul ups

processed out of service by the
military with an undesirable dis-
charge without having to face
punitive action. But two-thirds
are not doing so.
OF THE 5,532 deserters who
joined the military program,
2,361 have dropped out or been
kicked out for not performing
satisfactorily. In addition, 1,000
others never reported for jobs.
THE MICHIGAN DAILY
Volume LXXXVI, No. 11
Tuesday, September 16, 1975
is edited and managed by students
at the University of Michigan. News
phone 764-0562. Second class postage
paid at Ann Arbor, Michigan 48106.
Published d a i1 y Tuesday through
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11

P) - Last-minute adjourn-
ment rushes by state lawmakers
in scattered areas of the coun-
try have resulted in legislative
goofs involving everything from
traffic regulations to divorce
settlements.
An Associated Press spot
check on Monday showedsthat in
most cases, the inadvertently
passed bills have been quickly
repealed, amended or over-
turned by legal rulings.
OKLAHOMA'S attorney gener-
al, for example, says he expects
to rule that a recently passed
bill involving divorce settle-
ments is unconstitutional. Un-
less someone challenges the rul-
ing - and no such challenge is
expected - the bill won't be en-
forced.
The Oklahoma legislators, in
an apparent bow to the women's }
liberation movement, were try-
ing to make it possible for a wo-
man to resume use of her maid-
en name after a divorce.
In amending the bill, however,
they wound up saying that a
wife also "shall be restored ...
to all the property, lands, tene-
ments,thereditaments owned by
either party before marriage or
acquired by either party in their
own right after such mar-
riage . ."
THAT MEANS the woman
gets everything.
N-Ta amvn-i- s n i n.,1 torm

to fix a law that closed all po-
lice records to press and pub-
lic. The lawmakers intended to
pass a law preventing police
agencies from keeping political
and religious files on people
and making some records con-
fidential. As in Oklahoma,,
amendments during the closing
days of the session, went too far.
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DAN FORTH FELLOWSHIPS
FOR COLLEGE TEACHING
CAREERS 1976-77
Preliminary applications and faculty
nominations for Danforth Fellowships are
being solicited. Seniors graduating before
August, 1 976 who are interested in pur-
suing a career in college teaching, and
faculty members who can recommend
such students, are encouragd to contact

INCLUDES:

TOSSED
SALAD
BAKED
POTATO

HEARTHSTONE
TOAST

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