Kathmandu, Jan 18: After controversial Assam MP Mani Kumar Subba and golden-voiced Bollywood singer Udit Narayan Jha, it is now the turn of a communist minister from Nepal to become embroiled in a dispute about his nationality. Ram Chandra Jha, the local development minister in the Maoist-led government of Nepal and a member of the decision-making central committee of his party, the Communist Party of Nepal-Unified Marxist Leninist (UML), has been dragged to court amidst growing allegations by the ruling Maoist party that he is actually an Indian citizen who falsified documents to sport a Nepali identity. On Friday, lawyer Santosh Basnet filed a writ in Nepal’s Supreme Court, urging action against the minister. The petition was filed on behalf of Dev Chandra Yadav, the Maoist leader in charge of the electoral area in Dhanusha district in southern Nepal from where Jha won during the April election. The petitioner alleges that Jha still retains his Indian citizenship. By keeping him in the cabinet the government is imperilling Nepal’s sovereignty, the writ says. On Saturday, the Maoists called a press conference where Yadav claimed that he had documents to prove that the minister was Indian. According to the Maoist leader, Jha’s name is in the voters’ list in Madhubani district that lies across the border in India’s neighbouring Bihar state. Jha’s wife Sushma Devi also figures on the voters’ list there while Jha’s brother Madan Chandra Jha won a local election from Madhubani, the Maoist leader told the media. According to the allegations, the minister sold off his land in Madhubani and acquired papers projecting him as a Nepali. The controversy was raised last year by senior Maoist leader and Forests Minister Matrika Prasad Yadav, who is also from Dhanusha. Yadav has since then resigned from the cabinet. The UML, that is the second-largest party in the alliance government after the Maoists and now increasingly at loggerheads with its ally, rejected the allegations as baseless. “The claims are absolutely false,” UML spokesperson and former minister Yubaraj Gyawali told reporters. “Anyone can make any allegations and file any writ making any claim. When Jha won the election last year, the Election Commission went through his documents and found them to be in order.” “The minister is 100 percent Nepali.” Gyawali said the allegations were politically motivated. “They are a bid to assassinate Jha’s character,” the UML leader said. “We will follow the writ in court.” With the dispute Ram Chandra Jha becomes the third person to feature in debates over whether a public figure is Indian or Nepali. Lottery baron and Congress MP from Tezpur, Assam, Mani Kumar Subba has been facing allegations from time to time that he is actually a Nepali who faced a murder charge in eastern Nepal’s Ilam district. Subba has rebutted the allegations, saying they are a case of mistaken identity and that he is an Indian whose forefathers hailed from Sikkim. Now with the Indian government mulling conferring the prestigious Padmashri award on renowned Bollywood singer Udit Narayan Jha, there are claims that Jha is a Nepali citizen from Saptari district in southern Nepal. But the singer has reportedly said he is an Indian citizen, having been born in Supaul village in Bihar. IANS
Nepal minister is actually Indian, Maoist leader tells Supreme Court
http://www.hindu.com/thehindu/holnus/003200901181451.htm
Kathmandu (IANS): After controversial Assam MP Mani Kumar Subba and golden-voiced Bollywood singer Udit Narayan Jha, it is now the turn of a communist minister from Nepal to become embroiled in a dispute about his nationality.
Ram Chandra Jha, the local development minister in the Maoist-led government of Nepal and a member of the decision-making central committee of his party, the Communist Party of Nepal-Unified Marxist Leninist (UML), has been dragged to court amidst growing allegations by the ruling Maoist party that he is actually an Indian citizen who falsified documents to sport a Nepali identity.
On Friday, lawyer Santosh Basnet filed a writ in Nepal’s Supreme Court, urging action against the minister. The petition was filed on behalf of Dev Chandra Yadav, the Maoist leader in charge of the electoral area in Dhanusha district in southern Nepal from where Jha won during the April election.
The petitioner alleges that Jha still retains his Indian citizenship. By keeping him in the cabinet the government is imperilling Nepal’s sovereignty, the writ says.
On Saturday, the Maoists called a press conference where Yadav claimed that he had documents to prove that the minister was Indian.
According to the Maoist leader, Jha’s name is in the voters’ list in Madhubani district that lies across the border in India’s neighbouring Bihar state. Jha’s wife Sushma Devi also figures on the voters’ list there while Jha’s brother Madan Chandra Jha won a local election from Madhubani, the Maoist leader told the media.
According to the allegations, the minister sold off his land in Madhubani and acquired papers projecting him as a Nepali.
The controversy was raised last year by senior Maoist leader and Forests Minister Matrika Prasad Yadav, who is also from Dhanusha. Yadav has since then resigned from the cabinet.
The UML, that is the second-largest party in the alliance government after the Maoists and now increasingly at loggerheads with its ally, rejected the allegations as baseless.
“The claims are absolutely false,”UML spokesperson and former minister Yubaraj Gyawali told IANS. “Anyone can make any allegations and file any writ making any claim. When Jha won the election last year, the Election Commission went through his documents and found them to be in order.”
“The minister is 100 percent Nepali.”
Gyawali said the allegations were politically motivated. “They are a bid to assassinate Jha’s character,”the UML leader said. “We will follow the writ in court.”
With the dispute Ram Chandra Jha becomes the third person to feature in debates over whether a public figure is Indian or Nepali.
Lottery baron and Congress MP from Tezpur, Assam, Mani Kumar Subba has been facing allegations from time to time that he is actually a Nepali who faced a murder charge in eastern Nepal’s Ilam district.
Subba has rebutted the allegations, saying they are a case of mistaken identity and that he is an Indian whose forefathers hailed from Sikkim.
Now with the Indian government mulling conferring the prestigious Padmashri award on renowned Bollywood singer Udit Narayan Jha, there are claims that Jha is a Nepali citizen from Saptari district in southern Nepal.
But the singer has reportedly said he is an Indian citizen, having been born in Supaul village in Bihar.
10,000 more courts needed to clear backlog: CJI
http://www.hindu.com/thehindu/holnus/002200901181631.htm
New Delhi (PTI): Warning that the law and order situation would be seriously impacted if criminal courts continued to be flooded with cases, Chief Justice of India K G Balakrishnan has proposed that 10,000 more subordinate courts be set up to clear the staggering backlog of 3.5 crore cases.
“There are 15,000 subordinate courts but only about 13,800 something actually are working strength. At least 10,000 courts more should be there,” the CJI said.
He said as the head of the judiciary, the biggest worries for him is not corruption but the existence of less number of courts to deal with the increasing pendency of cases.
“Perhaps it (corruption in judiciary) is not that much serious matter. The worry is only the large number of cases and the less number of courts. Unless we get large number of courts to take up these cases, it would be difficult,” the CJI said in an interview to PTI.
“The basic thing is that we should have more courts. That is the main thing, but we cannot wait for the courts to come up and, so within the system we are trying to do many things.
“So we improve the system, speed up the computerisation, improve the infrastructure and we are trying to settle cases by mediation,” he said.
The suggestion for setting up Constitutional courts for Constitutional matters to reduce the burden at higher judiciary could be considered, the Chief Justice said.
“It is an idea which we have to think the pros and cons. We cannot express a casual opinion on this. It is a very serious matter which requires Constitutional amendments. It can be thought of,” he said.
All these things require drastic changes and, in India, I don’t think any drastic changes can happen so soon. It takes years,” the CJI said when asked about steps required to make the justice delivery system more effective.
However, he stressed that the pendency of cases in subordinate courts have to be given priority and the issue has been taken up at the highest level for the setting up more special courts for CBI cases.
“There are more CBI cases and we don’t have enough courts in the country. I gave a report to the Prime Minister and requested to set up 65 more (CBI) courts. Four CBI courts are coming in Delhi,” he said, adding that there are some problems in the appointment of the requisite number of prosecutors to deal with CBI cases.
The CJI cited increasing number of cheque bouncing cases which were coming in the way of disposal of cases of other nature.
“One major problem is cases under Section 138 of the Negotiable Instrument Act relating to cheque bounce. It has created a huge problem for magistracy. They are all flooded with these cases and I feel that unless the regular criminal court is working, it would have serious impact on law and order situation,” he said.
The CJI also expressed his displeasure over due consideration not being given by the state governments for setting up of family courts though the law in this regard was introduced over two decades ago.
“Every district should have family courts. But in India, in 465 districts there is no family court,” he said emphasising that the Family Courts Act is a very benevolent and good legislation to protect the family.
The CJI voiced his concerns over the mounting backlog of cases.
“The cases pending are about 3.58 crore in the subordinate courts. In the Supreme Court, we have got 49,000 cases. In High Courts, I think nearly 36 lakh cases are there with one High Court alone accounting for eight lakh cases, ” he said.
What we need more is Mahatma Gandhi: Ex-CJI
http://www.samaylive.com/news/what-we-need-more-is-mahatma-gandhi-excji/604854.html
Tags: Former Chief Justice of India , M N Venkatachaliah , New Delhi
Published: Sun, 18 Jan 2009 at 18:34 IST
New Delhi, Jan 18: Flaying the increasing use of the term “Gandhigiri”, former Chief Justice of India M N Venkatachaliah said it was more of Mahatma Gandhi that the society needed and not any “giri” associated with his name.”It is Gandhi that we need much more than any giri about him,” he said referring to the use of the term “Gandhigiri” by all and sundry.Speaking at a symposium on “Gandhi and Religious Freedom” organised by the Sarvodaya International Trust here, the former CJI also voiced concern over the spread of “religious fanaticism” in India and the world.”The tragedy of India and the world is that there is too much religion of the wrong kind and there is too less spirituality,” he said.”Mahatma Gandhi was the first victim of religious bigotry in post-independence India, Prime Minister Indira Gandhi was a subsequent one,” Venkatachaliah said.”The destruction of the Babri Masjid, the attack on Akshardham temple, the burning to death of Graham Staines and his two sons, the killing of Muslims in Gujarat and attacks on Christians and their churches in Orissa and Karnataka are all tragic outcomes of the pernicious virus of religious fanaticism,” he said.
Centre proposes changes in environment notification
http://www.morungexpress.com/national/12028.html
morungexpress January 19, 2009 08:50:00
NEW DELHI, JANUARY 18 (AGENCIES): The Centre has proposed amendments to the Environmental Impact Assessment Notification, 2006 to provide for the first time increasing societal vigil on environmental projects by making it compulsory for project proponents to make public the terms of environmental clearance. The draft notification put up for comments provides for the project proponent to compulsorily make public at their cost the terms of environmental clearances obtained by them by advertising in two local newspapers of the district/state where the project is located. In addition, copies of the environmental clearances will also have to be made available by the sanctioning authorities to the local bodies whether panchayats or municipal bodies where the project is located and to relevant government offices at the local level. The Central and State authorities would also place the environment clearances on their websites. Delhi government to ban plastic bagsNew Delhi, January 18 (AGENCIES): The Delhi government has planned to ban all plastic bags starting next week, with up to five years of imprisonment for those running businesses using plastic bags. The move is eco friendly but many businessmen are unhappy with it. Several people probably don’t know whether they are committing a crime when they carry a plastic bag. If you carry a plastic bag, you may have to pay a lakh or spend five years in prison. That’s the new law that the Delhi government says it is ready to enforce. The law comes under section five of the Environment Protection Act of 1986. According to the act, usage, sale or storage of any kind of plastic bags is forbidden. The new ban applies to five star hotels, restaurants, dairies, fruits and vegetable outlets ands all shopping malls. Shopkeepers like Harish Malik are expected to use jute or paper bags, both more expensive and therefore not welcome. But at least some Delhiites feel that being eco-friendly is worth the extra expense overdue.
Delhi to have more CBI courts: CJINew Delhi, January 18 (PTI): Delhi will soon have four more special CBI courts to clear backlog of corruption cases registered by the probe agency as the Government has agreed to the proposal, Chief Justice of India K G Balakrishnan has said. “There are more CBI cases and we don’t have enough courts. I gave a report to the Prime Minister and requested to set up 65 more (CBI) courts in the country. Four CBI courts are coming in Delhi,” the CJI said in an interview. At present, there are nine CBI courts functioning in the capital. The CJI also expressed concern over inadequate number of prosecutors for such courts. As parts of measures to streamline the justice delivery system, the CJI said that alternate mechanism should also be used.Reconsider varsities’ Bill, Centre urged NEW DELHI, JANUARY 18 (AGENCIES): The National Knowledge Commission on Friday urged the government to reconsider and reformulate the Central Universities Bill, 2008, aimed at setting up 15 Central universities. The Union Cabinet last week approved the Human Resource Development Ministry’s proposal to take the ordinance route to enact the Bill. According to the NKC, the Bill needed to be reformulated in consultation with all stakeholders. Expressing alarm over provisions of the jumbo legislation, the Commission noted that the Bill — “which vests overwhelming control with the government” — repeated earlier mistakes and compounded persistent problems of higher education in India. Also, it negated the letter and spirit of the essential recommendations of the commission.
Arguments in RIL-RNRL dispute likely to conclude on Tuesday
http://economictimes.indiatimes.com/Corporate_Trends/Arguments_in_RIL-RNRL_dispute_likely_to_conclude_on_Tuesday/articleshow/3984139.cms
15 Jan 2009, 1705 hrs IST, Almas Meherally & Piyush Pandey, ET Bureau
MUMBAI: The hearing of the legal tussle between Mukesh Ambani’s Reliance Industries (RIL) and Anil Ambani’s Reliance Natural Resources (RNRL) is likely to be over on Tuesday. The division bench of the Bombay High Court comprising Justices JN Patel and KK Tated is expected to pass on an interim order soon after the hearing. During the course of his arguments, RIL’s counsel Harish Salve contended on Thursday that RNRL had made certain changes in its pleading that was submitted before the Court. The pleading submitted by RNRL, based on the Memorandum of Understanding signed between the Ambani brothers in June 2005, had been fudged and did not quote the MOU directly, Mr Salve said. The subtle changes made in the pleadings was to change the beneficiary of gas from RIL’s KG basin from Reliance Energy to the Anil Ambani group so that the group can use the gas for trading. Reliance Energy is a part of the Anil Ambani group. RNRL also filed its affidavit in court on Thursday in response to the affidavits filed by the Union of India and RIL on Tuesday. RNRL counsel Ram Jethmalani and Mukul Rohatgi are likely to present their arguments in the High Court from Friday and conclude it early next week.
Delhi High Court says ESPN can face criminal prosecution
http://www.hindu.com/thehindu/holnus/007200901150941.htm
New Delhi (PTI): The Delhi High Court on Wednesday said global sports broadcaster ESPN can face criminal prosecution if it fails to comply with broadcast regulator TRAI’s directions on tariffs charged from DTH operators for its channels.
A single-member bench of Justice S Muralidhar granted ESPN two days to file its amended reference interconnect offer (RIO) before the Telecom Regulatory Authority of India and fixed the matter for further hearing on Friday.
The court took strong exception to ESPN’s failure to comply with the assurance given to it (the court) by the company on November 25, 2008, to follow the directions of TRAI.
The court had stayed the criminal proceedings against against ESPN India along with its Managing Director R C Venkatesh and five other company officials for not complying with the directions laid by sectoral regulator TRAI over channel pricing for DTH sectors.
“The order of the court has to be complied at any cost … The stay order on the criminal prosecution was granted on the condition that you would comply with the regulator’s order but your last communication did not say anything on it,” the court said.
ESPN tried to defend itself saying that it had complied with the order.
The court, however, was not satisfied with ESPN’s position and directed it to submit the RIO before TRAI by January 16.
The court passed the order on a petition filed by TRAI seeking to vacate the stay on criminal proceedings against the broadcaster saying that it failed to comply the order passed by the court.
Abhaya case: HC drops contempt proceeding against daily
http://www.hindu.com/thehindu/holnus/004200901191454.htm
Kochi (PTI): Kerala High Court today dropped the suo motu contempt proceedings initiated against a Malayalam daily, ‘Kerala Kaumudi’ for publishing an editorial last month on the conduct of a judge hearing the sister Abhaya case.
A Division Bench, comprising justices K Balakrishnan Nair and K Surendra Mohan, closed and dropped the proceedings on the ground that the proceedings adopted for placing the matter for preliminary hearing are “ultra vires” of Section 15 of the Contempt of Court act. Further proceedings in the matter are dropped, the Bench said.
According to Section 15 of the Contempt of Court Act, suo motu proceedings can be taken only by the High Court. As per Article 211 of the Constitution, High Court consists of Chief Justice and all other judges.
In this case, the hearing was posted before the Bench not based on the decision of the High Court, but by a decision of a judge designated by Acting Chief Justice J B Koshy, the bench pointed out.
Suo motu proceedings were initiated against the newspaper for publishing an editorial on Dec 18 last year on the conduct of a judge while hearing the bail petition of three accused in the Sister Abhaya case.
Arguing on the case last week, Advocate General, C P Sudhakara Prasad had said the procedure adopted by the single judge for initiating suo motu contempt case was not correct. If criminal contempt is initiated, the decision should be taken by the Chief Justice and all other judges.
He had also stated that “dignified silence” may be the best option in the case.
According to Prasad, the Abhaya case, relating to the mysterious death of a nun in the St Pius convent in 1992, had a background of its own.
He had also brought to the court’s notice various news items alleging interference from various quarters. He said according to the editorial, these publications “interfered with administration of justice”.
Purport of the publication is to remove the doubt of public in the investigation of the case, he argued.
Approving the AG’s submissions, the Bench dropped the contempt proceedings and closed the case saying that the judgment will not affect the powers of a full court taking a decision to initiate action in this matter if it thinks fit.
Landlord can inspect rented premises: HC
http://timesofindia.indiatimes.com/Mumbai/Landlord_can_inspect_rented_premises_HC/articleshow/3998508.cms
19 Jan 2009, 0000 hrs IST, Shibu Thomas, TNN
MUMBAI: A landlord can seek appointment of a court commissioner to inspect the premises he had let out on rent, the Bombay High Court ruled recently. Setting to rest the fight between a tenant and a landlord, justice Anoop Mohta held that a person who had rented out his property can inspect the premises after giving prior notice to the tenant. “Inspection cannot be a mere formality of a visual inspection of the premises,” said the judge. “It is always with some purpose and intention. The landlord in a given case may take with him the competent person, including an architect or a person who can record the condition of the premises, which includes the commissioner appointed by the court or other such person,” added the judge. Section 28 of the Maharashtra Rent Control Act provides for inspection of a tenanted premises. The provision says: “The landlord shall be entitled to inspect the premises let out or given on licence, at a reasonable time after giving prior notice to the tenant, licensee or occupier.” Inspection of tenanted premises are usually asked for by the landlord to record measurements, condition of the place and whether any additions or changes have been made to the structure. The high court observed that the inspection could be sought by the landlord at any stage of the litigation between a landlord and tenant. The court’s orders came on a petition filed by one Kamlabai Mutraj, who had challenged the order of a subordinate court to appoint a court commissioner on an application by the landlord Bherumal Haran. The high court, however, dismissed the petition pointing out the provisions of the Rent Act. “There is no reason to restrict the landlord’s right to inspect the premises though the court commissioner,” said the court. It added that there could be a joint inspection of the premises, too. The court also said such a report can be challenged by the tenant, unless it is agreed upon or approved by the latter.
HC stays CIC order on declaration of SC judges’ assets
http://www.hindu.com/thehindu/holnus/002200901191433.htm
New Delhi (PTI): The Delhi High Court on Monday stayed an order passed by the Central Information Commission asking the Supreme Court’s information officer to give information to an RTI applicant on whether judges of the Supreme Court have declared their assets to the CJI.
On a petition filed by the CPIO of Supreme Court challenging the January 6 order passed by CIC, Justice S Ravindra Bhat appointed noted jurist Fali S Nariman as the amicus curiae (friend of court) to assist the court and fixed February 12 as the next date of hearing of the matter.
In the petition, the Supreme Court said that information relating to declaration of assets by the apex court judges to the CJI was not a mandatory exercise under the law.
However, a full court resolution of Supreme Court on May 7, 1997 required every judge to declare to the CJI assets including properties or any other investment in the name of their spouse and any person dependent on them.
Objecting the CIC order, the petitioner said the order is excessive and without jurisdiction and the appeal made distinction between the apex court as an institution and the office of the CJI.
“Neither is the office of CJI a public authority nor does the information relating to judges’ assets come in the public domain,” the Supreme Court said.
On January 6, the CIC asked the Supreme Court’s registrar to provide information within 10 days on whether the judges of the apex court declare their assets to the CJI?
Meanwhile, the Supreme Court supplied a copy of May 1997 resolution to the CIC and the registry said that there is nothing under the Constitution or any law which required the judges to declare their assets to CJI.
Filing an application under RTI Act, Subhash Chandra Aggarwal sought an information as to whether the apex court judges comply with the 1997 resolution and declare their assets to CJI.
In the application he also sought to know whether the judges of High Courts disclose their assets to their respective Chief Justices.
Ex-Satyam chief Raju files revision petition in Andhra Pradesh HC
Hyderabad, Jan 19 (ANI): Satyam Computer Services former Chairman B. Ramalinga Raju filed a revision petition in Andhra Pradesh High Court today against his police custody.
Ramalinga Raju, his brother Rama Raju and company’’s Chief Financial Officer Vadlamani Srinivas are in police custody since Sunday. They were formally taken into police custody for four days and were grilled by Crime Investigation Department (CID) sleuths.
Meanwhile, a Hyderabad court will hear the bail plea of Ramalinga Raju, Rama Raju and Vadlamani Srinivas.
All are in judicial custody till January 23 and have been lodged in the Chanchalguda Central Prison.
Besides, a court will take up a SEBI petition seeking permission to question Ramalinga Raju.
Police stepped up their investigation into the case, having charged Ramalinga Raju and B. Rama Raju with criminal conspiracy and forgery after Raju admitted profits had been falsified for years and quit.
A case has been filed against Raju under Sections 120-B (criminal conspiracy), 406 (criminal breach of trust), 420 (cheating), 468 (forgery for cheating) and 477-a (fraudulent cancellation of securities) of IPC.
Raju had disclosed a financial fraud in the company to the tune of Rs 7,800 crore by inflating profits and showing fictitious assets where none existed.
The company’’s scrip has fallen nearly 80 per cent since the revelation was made. (ANI)
HC rules against transfer of debts between ICICI, Kotak Mahindra
http://www.expressindia.com/latest-news/hc-rules-against-transfer-of-debts-between-icici-kotak-mahindra/412328/
Syed Khalique Ahmed
Posted: Jan 19, 2009 at 0024 hrs IST
Ahmedabad In A setback to a deal between ICICI and Kotak Mahindra banks pertaining to sale and purchase of debts on payment of a nominal sum, the Gujarat High Court has ruled that the banks cannot engage in trading of debts.
In a recent ruling, the court observed that they are not allowed to transfer debts from one bank to another under provisions of the Banking Regulation Act of 1949.
The landmark judgment came in a case between Kotak Mahindra Bank (KMB) and Aps Star India Limited (ASIL) and 19 others, who are borrowers/customers of the ICICI Bank. KMB had moved a division bench after it lost the case before the company court and a single judge bench of the high court.
According to case details, ICICI Bank (assignor) had executed a ‘deed of assignment’ to KMB (assignee), under which 56 debts amounting to Rs 52.45 crore with underlying security interest were assigned or sold out for a sum of Rs 12 crore. According to petitioners, Rs 52.45 crore is only the principal amount whereas the debts run
into hundreds of crores. ICICI Bank had contended that it had transferred the debts to KMB as a mode of recovery of its outstanding loans.
The two-judge bench comprising justices D A Mehta and H N Devani, however, observed that the transaction did not amount to recovery, but a trading activity, which is not allowed for a banking company under the BR Act.
Pointing out that the “concept of trading in debts is, by its very nature, abhorrent to the concept of banking in any form”, the bench said the present transaction “is bad in law” because of its “not being permissible in law”.
Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the two banks in question should have formed their own securitisation and reconstruction of financial assets company for transaction of debts. But the court observed the bank itself acted as a securitisation company, which is not allowed under the existing law.
The judgement made it clear that the “present transaction in essence is transfer of NPAs (non-performing assets) and hence the payment received for transfer of assets cannot be termed to be towards recovery of outstanding loan”.
The order stated that the recovery of a loan can be done only from the borrower while the transaction in question essentially amounts to trading debts, an illegal activity.
The whole act, according to the order, amounted to “doing injustice to the basic fabric of the trust reposed by the customer in the bank”. The court also held the ICICI Bank guilty of not giving enough opportunity to customers whose securities were transferred to another bank.
Dadri would need investment of Rs 20,000 cr: RNRL tells HC
http://economictimes.indiatimes.com/Dadri_would_need_investment_of_Rs_20000_cr_RNRL_tells_HC/articleshow/3997784.cms
18 Jan 2009, 1909 hrs IST, PTI
MUMBAI: The Dadri Power Project in Uttar Pradesh, being developed by Reliance Power, would need an investment of over Rs 20,000 crore, RNRL has said in its latest affidavit filed in the Bombay High Court where it is fighting a case over the terms of gas supply pact with RIL. This “colossal” sum of Rs 20,000 crore cannot be raised unless Reliance Natural Resources Ltd gets a “bankable gas supply contract” from RIL, the affidavit said. Both Reliance Power and RNRL are Anil Ambani group companies. RNRL is fighting a legal battle over the terms of gas supply agreement with Mukesh-led Reliance Industries. The affidavit came in a reply to RIL lawyer Harish Salve’s allegation during the arguments that ADAG group had raised a huge amount from overseas lenders, so money should not have been an issue for the Dadri project. RNRL affidavit conceded that USD 500 million were raised through external commercial borrowing route, but said that it was not enough for the project which envisages generation capacity of 7,480 MW. The money was parked in debt-based Mutual Funds — following RBI norms — as the project was delayed because of RIL refusing to sign a bankable contract for gas supply, it says. It also refuted Salve’s statement that Dadri project would take several years to come up. It can be set up within 20 to 24 months, RNRL said. The affidavit also reiterated RNRL’s stand that the union government need not approve the price of KG gas which RNRL is supposed to get. The High Court is likely to pass the order on the current stay on sale of gas from KG basin to third parties tomorrow (January 19).
Judiciary should remain within lakshman rekha: SC
http://news.indiainfo.com/2009/01/12/0901122113_judiciary_remain_lakshman_rekha_sc.html
Monday, January 12, 2009 21:11 [IST]
Claiming that the number of PILs have come down a year after a judgement on the issue, the Supreme Court on Monday, said that judiciary should not cross the “lakshman rekha” (dividing line) in courts getting into issues like appointment and transfer of bureaucrats and police officers.
“There should be a lakshman rekha for judiciary. It is not the jurisdiction of judiciary to interfere with transfers and postings of police and executive,” a Bench headed by justice Markandey Katju observed.
The bench, also comprising justice VS Sirpurkar, was hearing a PIL filed in 2006 challenging the appointment of PC Pandey as DGP of Gujarat.
Justice Katju said the trend of entertaining PILs on such issues and others relating to schools, hospitals and other have come down after a judgement delivered by him on December 6,2007 in which he along with justice AK Mathur (since retired) criticised judges for overstepping into the domain of execultive and legislature.
The NGO – Citizens for Justice and Peace – had in 2006 challenged the appointment of Pandey as DGP alleging that there were several complaints against him relating to the post-Godhra riots.
Pandey was removed as DGP by the Election Commission before the last years Assembly Election.
However, the Bench said “attrocities may have been committed against the Muslims and caused disgrace but it cannot entertain petitions on the transfers and appointments of bureaucrats and police officers”.
Source : Central
Paedophilia case: SC tells Britons to appear in police station
http://www.hindu.com/thehindu/holnus/002200901191714.htm
New Delhi (PTI): Two British nationals were on Monday told by the Supreme Court to appear in a police station in Mumbai twice a month till the appeal against their acquittal in a case of paedophilia was decided by it.
Duncan Grant and Allan Jhon Waters, whose passports were deposited with the Mumbai police on the direction of the apex court, were ordered by a bench headed by Chief Justice K G Balakrishnan, to appear in the Colaba Police station.
The Bench also directed the two Britons to give an undertaking that they would not leave the country without the permission of the apex court which would hear the appeals against their acquittal in April.
The court on August 1 last year had virtually restrained them from leaving the country by asking them to deposit their passports with the Mumbai Police after an NGO had challenged their acquittal by the Bombay High Court on July 23, 2008.
The apex court had admitted the appeals of the NGO and Maharashtra government and had sought responses from them — as to why action should not be taken against them under section 390 of Code of Criminal Procedure (CrPC) for their arrest pending an appeal filed against the acquittal.
The provision provides that when an appeal is filed against an acquittal, a warrant can be issued by court directing that the accused be arrested and brought before it or the subordinate court pending the disposal of the appeal or admit him to bail.
Senior advocate Fali S Nariman, appearing for the NGO, Childline India Foundation, said that the accused, who were brought for trial only after an Interpol Red Corner Notice was issued, should give an undertaking to stay in India till the appeal is decided.
More forces sought to curb illegal mining in Kaman
http://timesofindia.indiatimes.com/Jaipur/More_forces_sought_to_curb_illegal_mining_in_Kaman/articleshow/4001663.cms
19 Jan 2009, 1548 hrs IST, Rao Jaswant Singh, TNN
JAIPUR: Illegal mining in Braj Chourasi Parikrama (the circumambulation route of Lord Krishna’s birthplace), in the neighbourhood in Kaman tehsil of Bharatpur district, has forced the district administration to seek deployment of more police to curb the menace. The district administration has demanded two companies of Rajasthan Armed Constabulary (RAC) to take action against illegal mining. Various stone-crushing units are operating without valid license in the restricted area. Sources said that illegal mining went unabated during the recent state assembly elections as the police were withdrawn and shifted to other locations. However, once the elections were over, the news of largescale mining came as a shock to the district administration and other agencies and the issue once again gained momentum. According to Vineet Narain, convener of Braj Rakshak Dal (BRD), a non-governmental organization dedicated to restoration of the hills, forests and cultural heritage of the Aravali region, the Braj, ranging from Mathura in UP to Kaman tehsil in Rajasthan, is considered sacred due to its connection with Krishnaleela’. He also said that Kaman has five Jain temples, a Lord Krishna temple and a cave, which is facing destruction due to mining which has come close to it. The significance of these structures has been noted by the Archaeological Survey of India (ASI). Around 20 crushers are still functioning in the banned area in Kaman area, which should be immediately stopped, he said. These crushers are also illegally supplying raw material to crushers on the UP side, he said. In its PIL filed before the Supreme Court, the BRD had demanded that crushers on the UP side should be questioned as from where they were getting raw material, when mining is completely banned in the state. “Till extra force is deployed and the crushers are not removed, checking of illegal mining was not possible,” Narain said. SP, Bharatpur, Rohit Mahajan told TOI that he had demanded extra police personnel on December 10, following which two companies of RAC were sent on December 19. However, one of the companies left on January 8 and the other on January 12, thus leaving the area unattended again. The SP said he would bring the latest situation to the notice of senior police officers on Monday and demand extra force accordingly.
SC asks EC to decide issue of rules for opinion, exits polls
http://www.samaylive.com/news/sc-asks-ec-to-decide-issue-of-rules-for-opinion-exits-polls/605070.html
Published: Mon, 19 Jan 2009 at 21:14 IST
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New Delhi: The Supreme Court today asked the the Election Commission to decide the issue of laying down guidelines relating to opinion and exit polls.”Election Commission is free to make guidelines till government frames regulation on the issue,” a Bench headed by Chief Justice K G Balakrishnan observed.The court was hearing the PIL filed by advocate D K Thakur in 2004 seeking ban on the opinion and exit polls on the ground that they have a deleterious effect and influence on voters when they are in the process of making up their minds to vote or not to vote for a certain political party or a candidate.However, the court in April 2004 had declined to stay the telecast, broadcast and publication of opinion and exit polls till the completion of the poll process.Later in February 2006 notices were also issued to Congress, BJP and TDP and nine media houses after Thakur’s plea to implead them as necessary parties to the petition was allowed.The media organisations which were issued notices are – Sahara Television, Zee Television, Star Television, NDTV, TV Today, The Hindu, The Times of India, Hindustan Times and The Indian Express.Press Council of India had said it has already framed guidelines on publication of opinion and exit polls in 1996 which advised newspapers to adopt certain procedure while publishing opinion polls and defer exit polls till the last phase of the polls was over.It had said that it did not have power to enforce its directions and its guidelines carried only moral force. MORE
PIL seeks to fill vacant posts in national commission for SCs
http://timesofindia.indiatimes.com/India/PIL_seeks_to_fill_vacant_posts_in_natnl_commission_for_SCs/articleshow/4002930.cms
19 Jan 2009, 1946 hrs IST, PTI
CHENNAI: A city advocate has moved the Madras High Court, seeking to fill various posts lying vacant in the National Commission for Scheduled Castes since it was constituted in 2004. When the PIL filed by M Palanimuthu came up for hearing today, acting Chief Justice S J Mukhopadhaya and Justice V Dhanabalan ordered issue of notice to the Centre and posted the petition for hearing on February 16. In his petition, the advocate claimed that 48 of the 239 sanctioned posts were lying vacant as on November 14 last, particularly those of secretary, joint secretary, deputy secretary, under secretary and deputy inspector general in the Commission’s Head Quarters. He contended that he had sent a representation to the Centre on November 5 last, requesting that the vacant posts in the Headquarters and regional offices be filled up within a time frame. However, no action had been taken. He sought a direction to the Centre to dispose of his representation.
SC declines PIL on police encounters
http://www.indopia.in/India-usa-uk-news/latest-news/481654/National/1/20/1
Published: January 19,2009
New Delhi, Jan 19 The Supreme Court today refused to go into the allegation that NHRC guidelines dealing with encounters have not been implemented by various police forces.
“ Killing in fake encounter as such is illegal and you are seeking laying down of guidelines,”a Bench headed by Chief Justice K G Balakrishnan said during the hearing of the PIL alleging that due to non-implementation of the NHRC and apex court guidelines, the cases of fake encounter have risen.
The PIL-filed by a Hyderabad-based advocate Ramesh Reddy had submitted that the non-implementation of guidelines was because of the inadequate infrastructure available with the State Human Rights Commissions.
The Bench, also comprising Justice P Sathasivam, said such issues cannot be looked into by the apex court and the advocate can knock the doors of High Courts.
The PIL had also sought a response about the steps taken by the Centre, state governments and Union Territories to check killings of innocent people in police encounters.
The PIL pointed out that of the 35 states and UTs, only 16 have their human rights commissions and only 11 of them were functioning with a chairperson.
It was submitted that Bihar and Jharkhand did not have a State Human Rights Commission.
The petitioner submitted that since the state commissions were not functioning properly, the pendency of the cases at NHRC was rising as the affected people have been directly approaching it.
Source: PTI
SCBA opposed to CrPC Amendment billhttp://www.indlawnews.com/newsdisplay.aspx?7527151b-8912-42ab-b683-19ea7845feec
1/19/2009
The Supreme Court Bar Association is opposed to the amendments made in the Criminal Procedure Code (CrPC) giving discretionary powers to police not to arrest a person who is involved in an offence having maximum sentence of seven years.The bill, which was passed by Parliament on December 23 without any discussion as on that day eight bills were passed in 17 minutes and has also received Presidential assent, is likely to be challenged in the Supreme Court when it is notified by the government to enforce the amendments.SCBA President P H Parekh told UNI that he was with the bar associations of the country, who are opposing the amendments.SCBA Secretary K C Kaushik said it was wrong on the part of the government to introduce such a bill in Parliament without taking the legal fraternity and bar associations into confidence.According to Mr Parekh, the SCBA has already passed a resolution opposing the amendments.There is widespread belief among lawyers that these amendments would give a free hand to frauds, unscrupulous elements, extortionists, those demanding dowry and other offenders without any fear of being arrested, leaving law-abiding citizens at the mercy of anti-social elements, police and politicians with criminal track records.Police would misuse its discretionary powers to shield the culprits, they contend.The apex court is already seized of a PIL which raises the important and similar issue of whether police officers should be given discretionary powers in case of commission of a cognisable offence or not.Chief Justice K G Balakrishnan had expressed the views that a person should not be arrested without verifying the veracity of allegations so that people are not implicated in false cases to settle personal and political scores while Justice B N Aggarwal, who is the next senior most judge in the Supreme Court, holds opposite views and had observed, ‘Discretion will amount to give the police a handle.’ The lawyers have already declared that they would observe a nationwide strike against the amendments on February 3.According to the amendments, police would have to seek prior permission of the court before arresting a person and would be able to arrest people only involved in heinous crimes like murder, rape and dacoity.UNI
AP High Court dismisses Raju’s custody-revision plea
http://www.hindu.com/thehindu/holnus/000200901191710.htm
Hyderabad (PTI): The Andhra Pradesh High Court on Monday dismissed petitions seeking a direction to quash a lower court’s order sending Satyam’s Ramalinga Raju and two others to police custody, even as a magistrate deferred hearing on their bail applications to January 22.
Justice P Swaroop Reddy dismissed the three revision petitions filed against the lower court’s order on police custody, saying that there was “no need for the High Court’s intervention at this juncture.”
The 6th additional chief metropolitan magistrate had, on January 17, ordered Raju, his brother Rama Raju and Satyam’s former CFO Vadlamani Srinivas to be sent to police custody for four days till January 22.
Justice Reddy said the trial court is fully conscious of the case.
Appearing for Raju, defence counsel Prakash Reddy argued that all the documents pertaining to the case have already been seized by the CID and nothing is left with them. Hence, there was no point for custodial interrogation.
Padmanabha Reddy appeared for Rama Raju, while Nalini Kumar represented Srinivas.
Meanwhile, hearing on separate petitions seeking bail and special status in jail by Raju and the two others were deferred till January 22.
Another petition by market regulator SEBI, seeking a day’s custody of the three, was also deferred to January 22 – the day when the trio would be produced before the court after their time in police custody.
The court had sent the Raju brothers and Srinivas to police custody to facilitate a probe into the Rs 7,800 crore financial fraud disclosed by the IT firm’s founder on January 7.
CJI proposes transfer of Judges to ensure fair investigation
http://www.indlawnews.com/newsdisplay.aspx?8a5cbbd4-c5ac-424a-a056-a42bfc91c5db
1/19/2009
Chief Justice of India K G Balakrishnan has recommended to the government to transfer all the tainted judges of Allahabad, Punjab and Haryana and Uttarakhand High Courts in order to ensure free and fair investigation in cases of corruption involving judges of higher judiciary.Justice R Mishra of Allahabad High Court is being sent to Punjab and Haryana High Court as he has been named as one of the benificiaries of the Rs seven crore Ghazibad District Court’s GPF scam. Three other judges of Allahabad and Uttarakhand High Courts are also on their way out to some other High Courts for similar reasons.The final decision on the transfers would be taken by the Union Government.The CJI has also proposed the transfer of Justice Nirmal Yadav from Punjab and Haryana High Court as she is allegedly involved in the cash-for-judge scam in which Rs 15 lakh were, by mistake delivered at the residence of another lady judge Justice Nirmaljit Kaur of the same High Court. Justice Balakrishnan has already issued notices to Justice Yadav on the basis of a three-judge inquiry committee report, which had found her guilty of judicial misconduct.Justice Yadav has, however, alleged in her letter to the CJI that a sitting Supreme Court judge was influencing the investigations in the scam and he was reportedly present at the residence of Justice Kaur when the money was taken by a clerk of Sanjeev Bansal, former Additional Advocate General of Haryana in August, 2008.Justice Kaur had immediately reported the matter to the Police and had also taken the Chief Justice of the High Court Justice Tirath Singh Thakur into confidence.Justice Yadav has already been sent on a long leave. The Chief Justice has also recommended impeachment of a Kolkata High Court judge Justice Soumitra Sen for his alleged involvement in misappropriation of money belonging to Steel Authority of India Ltd in 1993 when he was an advocate.UNI
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Advocate Kamal Kumar Pandey 