LEGAL NEWS 03.05.2012

HC orders status quo on GO 610

http://ibnlive.in.com/news/hc-orders-status-quo-on-go-610/254313-60-121.html

Express News Service

HYDERABAD: The vacation bench of the AP High Court comprising justice G Chandraiah and justice N Ravi Shankar on Wednesday ordered status quo with regard to the state government implementing GO 610, but restricted relief to the petitioners who moved the High Court.

The petitioners challenged the order of the full bench of the AP Administrative Tribunal which had dismissed all the petitions filed by employees of various departments challenging their transfers / repatriation from Telangana and Hyderabad to their native zones and for upholding the state government’s decision to repatriate thousands of employees under GO 610.

The petitioners plead now before the High Court that even persons who were recruited prior to the said GO sought to be repatriated. It is further argued that the repatriation exceeded the quota of locals in the zone and was being effected without reference of the factual situation.

The petitioners who had moved the Tribunal earlier had the stay for over four and a half years.

 

 

 

 

 

 

 

 

 

Bidari moves HC seeking reinstatement

http://ibnlive.in.com/generalnewsfeed/news/bidari-moves-hc-seeking-reinstatement/993611.html

PTI | 09:05 PM,May 02,2012

Bangalore, May 2 (PTI) Senior IPS officer Shankar Mahadev Bidari today moved a memo before Karnataka High Court seeking his reinstatement as the state Director General and Inspector General of Police in the wake of Supreme Court directing it to review its order quashing his appointment. Bidari moved the memo before the vacation bench headed by Justice K Bhaktavatsala who however did not consider it and referred it to be placed before the Chief Justice Vikramajit Sen for further orders. On April 24, the Supreme Court stayed the Karnataka High Court order which had quashed the appointment of Bidari as the Director General of state police dubbing him as “worse than Saddam Hussein or Muammar Gaddafi” in view of allegations of human rights violations levelled against him when he had headed the Special Task Force set up to nab sandalwood smuggler Veerappan. A bench of justices Aftab Alam and C K Prasad had asked the state high court to examine afresh the matter and dispose it of before May 31. The judge said the high court had passed the impugned order on assumption without going into findings of Justice Sadashiva Commission and National Human Rights Commission (NHRC), which according to Bidari, had given him a clean chit in the case of alleged excesses and sexual abuse perpetrated by the joint STF on tribal women. Bidari is due to retire from service on May 31. PTI BH MSR VS

 

 

 

 

 

 

 

 

JK’s Bar On BJP Flag Yatra Unconstitutional: NHRC

http://www.kashmirobserver.net/index.php?option=com_content&view=article&id=11608:jks-bar-on-bjp-flag-yatra-unconstitutional-nhrc-&catid=15:top-news&Itemid=2

Srinagar, May 02: The National Human Rights Commission has issued notices to the Jammu and Kashmir government terming its decision to bar the BJP from hoisting the tricolour in central Srinagar on January 26 last year as a violation of the constitution of India.

The Commission has given the Omar Abdullah-led coalition government two months to explain why it had not upheld the constitution with respect to the BJP yatra.

The Sangh Parivar’s cross-country march scheduled to end in Srinagar had come pointedly when Kashmir had yet to recover from nearly five months of violent unrest in which nearly 114 protestors had been killed in police and paramilitary firing.

Triggered by the army’s killing of innocent Kashmiri villagers in the frontier area of Machil earlier in the year, the 2010 agitation had been the third of the consecutive summer unrests in Kashmir since 2008 that consumed hundreds of lives and left thousands injured in forces firing and tear gassing.

In January 2010, thousands of BJP yatris heading for Jammu and Kashmir had been blocked on the border by the state government as political tensions rose in the valley, and party stalwarts Sushma Swaraj and Arun Jaitley who had landed at the Jammu airport to take up the final leg of the journey had whisked off to a government guesthouse by authorities.   Observer News Service

 

 

 

 

 

 

 

 

 

MHA refuses to restore Rathore’s pension

http://www.indianexpress.com/news/MHA-refuses-to-restore-Rathore-s-pension/944537/

Express news service : Chandigarh, Thu May 03 2012, 00:09 hrs

Refusing to restore the pension of SPS Rathore former Director General of Police (Haryana), the Ministry of Home Affairs (MHA) on Wednesday moved the Punjab and Haryana High Court against the order of Central Administrative Tribunal (CAT), Chandigarh.

In its order, on December 8, 2011, the Tribunal had ordered restoration of Rathore’s pension, which was withdrawn by the Central government after Rathore’s conviction. A Bench issued notices to Rathore asking him to respond to the petition filed by MHA by July 3.

Rathore was convicted by a Chandigarh Court on charges of molesting Ruchika Girhotra.

The pension of Rathore, who is at present out on bail granted by the Apex Court, was withheld by MHA on June 23, 2010 following advise by the Union Public Service Commission.

Rathore had challenged the orders before CAT and then filed a contempt of court petition against Union Home Secretary, when his pension was not resumed.

Comparing his case with that of KPS Gill, former Punjab DGP, Rathore had stated before the Tribunal that “no order for withholding pension of K P S Gill, who has also been found guilty of molestation, has been passed”.

Counsel for MHA averred that as per Supreme Court directions, the MHA does not have to wait for directions of the Apex Court to withdraw pension.

The counsel argued that if the Apex Court passes a judgement setting aside Rathore’s conviction, his pension can be restored.

 

 

 

 

 

 

 

 

 

Assist traffic cops at busy signal for 5 days, court tells man convicted of drink driving

http://www.indianexpress.com/news/Assist-traffic-cops-at-busy-signal-for-5-days–court-tells-man-convicted-of-drink-driving/944612/

Express news service : New Delhi, Thu May 03 2012, 01:21 hrs

A Dwarka Sessions court has come up with a novel way to reform an auto driver convicted of driving in an inebriated condition. While he was earlier sentenced by a magistrate to seven days’ imprisonment, the sessions court directed instead, that he spend five days assisting police at busy traffic signals so that he could “learn the norms of civic society”. Additional Sessions Judge asked Inderpuri resident Mohan Lal to report to the Southwest area DCP (Traffic) for five days starting on May 2.

“Seven days is modified and now the appellant (Lal) is directed to report to the DCP (Traffic), Southwest, at 9 am on May 2. The DCP will depute him to assist traffic personnel at any busy traffic signal under his jurisdiction…,” the court said.

Lal had come to the Sessions court seeking leniency after a magistrate had earlier sentenced him to seven days in jail and a fine of Rs 2,000 for driving his vehicle in an inebriated state on February 13 and for not carrying a valid insurance. Lal pleaded for leniency for the sake of his wife and young children and said he would not repeat the offence in future. He also vowed to do social work.

The court noted that Lal was a first-time offender and as such he deserved a chance to mend himself. “He has no criminal record. Keeping in view the facts and circumstances of the case, it would meet the ends of justice if Lal is given an opportunity to mend himself and learn the norms of civic society,” the judge said.

 

 

 

 

 

 

 

 

AP High Court seeks govt reply on Polavaram issue

http://ibnlive.in.com/generalnewsfeed/news/ap-high-court-seeks-govt-reply-on-polavaram-issue/993580.html

PTI | 09:05 PM,May 02,2012

Hyderabad, May 2 (PTI) The Andhra Pradesh High Court today issued notices to the Union Government on the issue of tenders for the construction of Indira Sagar Irrigation Project at Polavaram. The Division bench of Justices G Chandraiah and N Ravi Shankar passed the order while admitting a PIL filed by K Kavitha, daughter of TRS chief K Chandrasekhar Rao and president of Telangana Jagruti Samiti (TJS). The court directed the Centre to file reply by June 6. The petition opposes the construction of Polavaram project, and seeks suspension of the latest tender notification issued by the state government on ground that the project on the Godavari river does not have clearances from Union Ministry of Environment and Forests. PTI Cor VVK KRK HKS

 

 

 

 

 

Congman files PIL against builder

http://www.indianexpress.com/news/congman-files-pil-against-builder/944500/

Express news service : Thu May 03 2012, 03:38 hrs

A social activist has filed a public interest litigation (PIL) in the Bombay HC claiming that the state government showed undue favours to a builder from the city, causing extensive loss to the public exchequer. The petitioner, Brahmanand Shinde, is a Congress member and also claims to be the chairperson of Namdar Sushilkumar Shinde Saheb Pratishthan. According to the plea, the state government showed undue favours to the developer’s firm Rare Townships Private Ltd. He claims that this was on account of the failure to forfeit Rs 36 crore after the firm had allegedly failed to obtain permission for FSI within the stipulated period of six months. The matter has been adjourned till June 18.

 

 

 

 

 

 

 

 

 

PIL for proposed AIIMS-like hospital in UP

http://ibnlive.in.com/generalnewsfeed/news/pil-for-proposed-aiimslike-hospital-in-up/993644.html

PTI | 10:05 PM,May 02,2012

Allahabad, May 2 (PTI) The Allahabad High Court today directed the Centre as well as the Uttar Pradesh government to file their replies on a PIL seeking setting up of an AIIMS- like hospital in the state, preferably at Allahabad city. A division bench comprising justices Amar Saran and Ashok Srivastava passed the order on the PIL filed an advocate Bhanu Pratap Singh who has submitted that the city was “the best possible venue” for such a hospital which could also help reduce the rush of patients at the All India Institute of Medical Sciences at Delhi. The petitioner has prayed for directions for setting up of the proposed hospital here and also alleged that lack of coordination between the Centre and the state government has been coming in the way of the project despite more than Rs 800 crore having been sanctioned for the same. Asking the Centre and the state to file their replies within three weeks, the court has fixed May 23 as the next date of hearing in the matter.

 

 

 

 

 

 

 

 

 

Aarushi murder case: Court rejects Nupur Talwar’s bail plea

http://economictimes.indiatimes.com/news/politics/nation/aarushi-murder-case-court-rejects-nupur-talwars-bail-plea/articleshow/12963660.cms

2 May, 2012, 02.58PM IST, TNN

NEW DELHI: The sessions court in Ghaizabad on Wednesday rejected the bail plea of Nupur Talwar, accused in the Aarushi murder case. The Sessions Court has rejected her bail plea for the third time today.

According to TV reports, she will now be applying for bail to the Allahabad high court. The court refused bail saying she may tamper with evidence. The bail of her husband Rajesh Talwar ends on May 7 and the CBI wants him in custody as well.

Nupur Talwar may have to spend 11 more days in jail since the Allahabad HC will hear a bail petition only 10 days after it is filed.

On April 27, Nupur Talwar was directed by the Supreme Court to surrender before the trial court in Ghaziabad in the twin murder case of her 14-year-old daughter Aarushi and domestic help Hemraj in Noida four years ago.

Refusing to stay the non-bailable warrant issued against her by the special CBI court, a bench of justices A K Patnaik and J S Khehar asked her to approach the trial judge for bail after surrendering which shall expeditiously consider her plea.

The court also turned down her plea for granting protection against any arrest on her surrender.

“We should not anticipate about what the trial court is going to do. You appear before it and the court shall consider your bail. If you do not get bail then there are higher courts,” the bench said.

The bench pointed out that her husband also got bail in the twin murder case.

“We are not inclined to stay the operation of the order of NBW issued by the Special Judge, Ghaziabad. But we direct that petitioner (Nupur Talwar) will appear on Monday and move her bail. In case application for bail is moved, the same shall be considered expeditiously,” the bench said.

Nupur Talwar, an accused in the 2008 double murder of her daughter Aarushi and a domestic help, was jailed on Monday after a district court rejected her interim bail plea in which she said a mother can’t kill her own child.

 

 

 

 

 

 

 

 

 

Fake Vigilance Trap: Chief secy okays action against indicted cops

http://www.hindustantimes.com/Punjab/Chandigarh/Fake-Vigilance-Trap-Chief-secy-okays-action-against-indicted-cops/SP-Article1-849375.aspx

Prabhjit Singh, Hindustan Times
Chandigarh, May 02, 2012

Less than a week after being served a notice by the Punjab and Haryana high court, the Punjab government has initiated action to punish the officers found guilty in the fake Vigilance Bureau (VB) trap case, which led to excise and taxation officer (ETO) Ranjit Singh’s suicide last year.

Chief secretary Rakesh Singh on Friday gave his nod for punitive action – as recommended by a high-level inquiry – against VB superintendent of police (SP) Amandeep Kaur, head constable Harminder Singh and former assistant excise and taxation commissioner (AETC) Harinder Kaur Brar.

The probe panel comprising IPS officer Harpreet Singh Sidhu and IAS officer Mansavi Kumar had recommended immediate suspension and registration of a case under the Prevention of Corruption Act against the SP and the head constable.

The panel had also recommended Brar’s suspension and a departmental inquiry against her for dereliction of duty.

The replies of Amandeep Kaur and Harinder Kaur had been found unsatisfactory, as per the April 30 orders of the vigilance department for punitive action against the guilty.

The orders for action have been forwarded by the vigilance department to the home secretary and the excise and taxation secretary. The chief secretary has the charge of secretary, vigilance, as the vigilance department is under the control of chief minister Parkash Singh Badal.

It is learnt that action had been taken after the matter reached the chief minister for his comments.

The high court had issued a notice of motion to the Punjab government on April 25 for a reply on a civil writ petition filed by the victim’s widow, Manjit Kaur, seeking justice.

Ranjit had committed suicide in April 2011 after he was falsely implicated in a corruption case and forced to pay Rs. 8-lakh bribe in an effort to clear his name.

The probe committee had indicted and recommended action against the SP (vigilance) and the head constable for laying a fake trap and then extorting Rs. 8 lakh from Ranjit. Then AETC Harinder Kaur had been found guilty of dereliction of duty and telling lies before the probe committee.

Home secretary DS Bains had written in his two-page noting to the chief secretary that he found Amandeep Kaur’s reply ‘unsatisfactory’.

“I am inclined to agree with the recommendations made in para 9 of the inquiry committee report in which it has been suggested that a case under relevant sections of the Prevention of Corruption Act, 1988, be registered against Amandep Kaur, head constable Harminder Singh, Vipan Kansal, Jaitinder Pal Singh, advocate, and Vijay Ghai,” said the home secretary in his March 3 communique to the chief secretary.

“The Vigilance Bureau is an important wing of the state machinery for preventing corruption. It is only fair that its powers should be used justly and in a transparent manner to gain confidence of the public at large,” the home secretary observed in his communique.

Bains also took note of a ‘suspicious’ trap laid by the same VB team against an excise inspector at Khanauri, near Patiala, in which the complainants and the shadow witness were the same.

HT had highlighted the case in its three-part series, ‘Custodians of corruption’ (February 16, 17 and 18), following which the indicted SP, posted at Ludhiana, was pulled out of the VB and sent to the police headquarters. No subsequent action had been taken since then.

Court notice
The Punjab and Haryana high court recently directed Punjab (through its home secretary), the state director general of police (DGP), the VB director and the indicted cops to file their replies by July 17, the next date of hearing in the case.

The ETO’s widow had prayed in her petition “for issuance of an appropriate writ, order or direction for follow-up action on the inquiry report.”

“… he (ETO) died due to his honesty and the corruption of VB officers who not only planted a false case of corruption but also extorted Rs. 8 lakh during police remand… but also abused and slapped him in his locality and made a demand of Rs. 50 lakh after his release on bail, which forced him to sell his share of the agriculture land and finally, commit suicide,” the petition stated.

 

 

 

 

 

 

 

 

 

Lawyer files plea against Sachin’s RS nomination

http://www.hindustantimes.com/India-news/Lucknow/Lawyer-files-plea-against-Sachin-s-RS-nomination/Article1-849671.aspx

PTI
Lucknow, May 02, 2012

A writ petition was on Wednesday filed in the registry of the Lucknow bench of Allahabad high court seeking a direction for quashing the nomination of Sachin Tendulkar to Rajya Sabha. The petition filed by a local lawyer Ashok Pandey alleged the nomination was against the legal provision and was in clear violation of the Constitution.

Besides Tendulkar, Government of India and Rajya Sabha through its secretary have been made party to the petition.

The petition alleged Tendulkar’s nomination as “a renowned sportsman” was in violation of Article 80 (3) of the Constitution.

As per Article 80 (3), the members to be nominated by the President shall consist of persons having special knowledge or practical experience in respect of matters namely literature, science, art and social service.

The petition is likely to come up for hearing on May 4.

 

 

 

 

 

 

 

 

CAs plea to revamp exam rejected

http://ibnlive.in.com/news/cas-plea-to-revamp-exam-rejected/254281-60-120.html

Express News Service

CHENNAI: A writ plea from V Venkatesa Sivakumar, a chartered accountant (CA) of Rangarajapuram in Kodambakkam, to constitute an independent experts commitee to study the existing examination system for CA and consider the necessity and possibility of revamping the same in the interest of the students, was rejected by the first bench of the Madras Court, last week. The petitioner had no locus standi to file the petition, asHigh he was not an aggrieved person, the bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said and dismissed the public interest writ petition. According to petitioner, many questions asked in the CA final examinations on the papers of Strategic Financial Management, Paper-II (Group-I Final) and Management Accounting, Paper 5 (Group-II Final) were invariably repeated ones and were just the cut-paste copy of the questions asked in the previous examinations.

The presentations in the suggested answers were highly confusing and were of very poor quality, he added.

 

 

 

 

 

 

 

 

 

Supreme Court issues notice to CBI on Pandher’s acquittal

http://www.thehindu.com/news/national/article3377723.ece

The Supreme Court on Wednesday issued notice to the CBI on the acquittal of Moninder Singh Pandher in one of the Nithari killings, in which several women and girls were raped, murdered, and some of them devoured by the main culprit Surinder Koli.

A Bench of Justices Swatanter Kumar and Ranjan Gogoi sought the CBI’s response on the acquittal, and posted the matter for further hearing after the summer vacation.

The apex court issued the notice to CBI after Counsel B. P. Singh Dhakray and Shakti Singh Dhakray, appearing for the father of one of the deceased, pleaded that the premier investigating agency be made a party to the case.

On February 15 last year, the Supreme Court had upheld the death sentence to Nithari serial killer Surinder Koli, for murdering a 14-year-old, one of his first victims in the serial rape-cum-killing episode six years ago, saying the case was “horrifying” and “barbaric”.

A Bench of Justices Markandey Katju (since retired) and Gyan Sudha Misra confirmed the death sentence to 39-year-old Koli, who has also been awarded capital punishment by the trial court in three more cases of rape and killing of young women and children in Nithari village near Noida, on the outskirts of the national capital.

A total of 16 cases were registered against Koli. His businessman-employer Moninder Singh Pandher was sentenced to death in the case of the 14-year-old, but he was acquitted by the Allahabad High Court. Fifty-four-year-old Pandher is facing trial in some other cases.

Anil Haldar subsequently filed an appeal in the apex court, challenging Pandher’s acquittal, which came up for hearing on Wednesday.

Voluntary confession

The apex court had earlier, upholding Koli’s death penalty, said the convict, in his confessional statement, had given “graphic details” of how he used to allure and kill young girls in Noida.

The court said, “The confessions had been made voluntarily before the magistrate, and there is no defect in it.”

 

 

 

 

 

 

 

 

Retired workers of AFT mill presented pensionary assistance

http://ibnlive.in.com/generalnewsfeed/news/retired-workers-of-aft-mill-presented-pensionary-assistance/993702.html

PTI | 11:05 PM,May 02,2012

Puducherry, May 2 (PTI) Puduchery Chief Minister N Rangasamy today handed pensionary assistance of Rs 25,000 to each of 51 retired workers of the government owned AFT mills today. These workers had retired from the mill between January and April this year. A release from the Puducherry Textiles Corporation running the mill said the Chief Minister handed a cheque for Rs 75,000 as ex gratia payment to each of the families of four workers who had died while in service in the mill.

 

 

 

 

 

 

High Court stays 20-year-old ‘torture’ case against Bhatt

http://www.thehindu.com/news/national/article3377523.ece

Even as the Jam-Khambhaliya sessions court issued a bailable warrant against the suspended IPS officer Sanjiv Bhatt in a 1990 case of alleged custodial death, Justice Anant Dave of the Gujarat High Court on Wednesday stayed investigation and all proceedings in another complaint against him of custodial torture in Jamnagar the same year.

On a complaint filed by Vijaysinh Bhatti in January this year, 21 years after the alleged incident, the chief judicial magistrate, Jamnagar, ordered a fresh probe, and the police registered a fresh FIR against Mr. Bhatt.

According to the complainant, he, along with several people, was arrested on October 25, 1990 in Jamnagar for alleged violation of curfew imposed in the city, following communal disturbances. Mr. Bhatti claimed that he was tortured in custody by Mr. Bhatt, then Assistant Superintendent of Police there, before he was produced in court the next day and granted bail. As a result, he suffered permanent damage to one of his kidneys and was still ailing, Mr. Bhatti said, citing his admission to a Rajkot hospital three days after his release on bail, and subsequently to a hospital in Mumbai for treatment.

Mr. Bhatti said that after his return from Mumbai he filed a police complaint in January 1991 against Mr Bhatt and some other police officials. As there was no response, he wrote to the CJM after 21 years, seeking to know about the fate of his original complaint.

Challenging the CJM’s order and subsequent police investigation, Mr. Bhatt, in his petition, pointed out that neither at his court appearance in October 1990 nor during his treatment in the Rajkot and Mumbai hospitals had Mr. Bhatti ever mentioned custodial torture. In the hospitals, no medico-legal case was made out against the police for alleged torture. His complaint was an after-thought. Moreover, in his original complaint, Mr. Bhatti only mentioned that while in custody he was hit with a stick on the back and thigh, which beating, even if true, could not have caused damage to his kidney, Mr Bhatt claimed.

He said 20-year-old cases were resurfacing against him, only because he had filed an affidavit in the Supreme Court and before the Nanavati–Mehta Commission, the National Human Rights Commission and some other forums against Chief Minister Narendra Modi in connection with the 2002 communal riots. Any investigation against him by a police officer functioning under Mr. Modi could not be impartial, because of his running battle with the Chief Minister, the IPS officer said.

Only on Tuesday did the sessions court in Jam-Khambhaliya, a small town in Jamnagar district, issue a bailable warrant against Mr. Bhatt for his alleged failure to appear before it for a hearing in the case of custodial death of Prabhudas Vaishnani. A Vishwa Hindu Parishad activist, he was arrested during communal violence in October 1990 but he died a few days after his release. His brother then filed a complaint against Mr. Bhatt and some others, claiming that Vaishnani died of injuries sustained due to torture in police custody.

 

 

 

 

 

 

 

 

 

Fishermen killing: Supreme Court sets free Italian ship Enrica Lexie on Rs 3 crore bond

http://economictimes.indiatimes.com/news/politics/nation/fishermen-killing-supreme-court-sets-free-italian-ship-enrica-lexie-on-rs-3-crore-bond/articleshow/12974555.cms

NEW DELHI: The Supreme Court has ordered the release of Italian merchant navy ship Enrica Lexie along with its crew and remaining marines.

A bench of justices RM Lodha and HL Gokhale directed the crew members of the Italian commercial vessel and marines to make themselves available whenever they are required by Indian authorities for investigation and prosecution of two arrested marines in judicial custody.

Setting aside a Kerala high court order restraining the ship from leaving Indian shores, it directed the ship owner to execute a bond of Rs three crore before the registrar-general of the Kerala high court as a surety for the presence of crew members and the vessel whenever required.

The ship was seized by the Indian security establishment on February 15, after two of marines stationed aboard shot dead two fishermen, mistaking them for pirates. The marines are in judicial custody.

“In view of clear position taken taken by Kerala government that vessel was not object of crime nor circumstances creates suspicion of offence by the vessel, seizure of vessel cannot legally stand. In view thereof entire reasoning given by the division bench of the high court does not survive. So the order has to go,” the bench said.

The bench directed that the crew members should be made available before the authorities within five weeks after receiving summons or notice from Indian agencies. It also directed that the vessel be brought before the legal authorities within seven weeks after receiving summons or notice.

The bench, however, made it clear that its order would not affect the right of the Kerala government to conduct the investigation and the prosecution of the two arrested marines. “How would you continue seizing the vessel which is not involved in crime,” the bench remarked, adding, “there is no justification in not allowing the ship to go.”

The Italian government, at the start of the day’s proceedings, submitted that the incident was related to affairs between two sovereign nations and assured the court that its marines would be available whenever they are required by Indian authorities. The Centre and the Kerala government, however, vehemently objected to the submission raised by the Italian government which later on modified its view on certain issues.

The court made it clear that it was not going into the legality of the agreement between the foreign government and family members of deceased fisherman which is void in nature.

 

 

 

 

 

 

 

 

 

 

More than 14 months have passed, HUDA sleeping over SC judgment

http://www.hindustantimes.com/Punjab/Chandigarh/More-than-14-months-have-passed-HUDA-sleeping-over-SC-judgment/SP-Article1-849383.aspx

Bhartesh Singh Thakur, Hindustan Times
Panchkula, May 02, 2012

More than 14 months have passed after Supreme Court (SC) dismissed the appeal of chairman of Haryana Electricity Regulatory Commission (HERC), RN Prashar, which cancelled the allotment of his plot no 190 at Sector 4 Mansa Devi Complex (MDC), Panchkula. But Haryana Urban Development Authority (HUDA) is yet to implement the decision.

“We have gone there twice to take possession of plot. Once, RN Prashar’s house was locked and second time he was not available,” said a junior engineer of HUDA.

Administrator, HUDA, Surjit Singh said, “It is the estate officer who has to implement the order. You may ask chief administrator about it.”

Chief administrator DPS Nagal also advised to contact estate officer. When asked about implementing SC order, Ashwani Sharma, Estate Officer, HUDA, Panchkula, reiterated, “Within a day or two, we will implement the order.”

In the illegal release of land in the name of Prasher and then its exchange with a plot worth of crores in Sector 4 MDC, it was the Punjab and Haryana high court, which itself took cognisance of the matter as some petitioners, including RN Prashar, seeking enhancement of compensation after land acquisition started withdrawing their petitions.

Role of Chief Minister Bhupinder Singh Hooda
In its judgment, dated October 28, 2010, High Court said that it was under the order of chief minister Bhupinder Singh Hooda the land was released to Prashar with a note on July 24, 2006- “CM has seen keeping in view the extraordinary circumstances explained by Sh. Prashar in his representations dated 13.5.2005 and 14.9.2005 the matter be processed for releasing the remaining part of land against which he will return the compensation amount along with the interest thereon. CM has further ordered that a proposal to this effect be brought up before the HUDA Authority.”

Thereafter, the proposal was put up in the 98th meeting of HUDA same year and release of land and its exchange with plot in Sector 4 of MDC was approved, under chief minister Hooda, who is also chairman of HUDA.

Story so far
Prashar had land at Bhainsa Tibba village near Mansa Devi temple. Out of which, for land measuring 848 square meters an award was announced by the land acquisition collector on September 5, 2000. The land was released from acquisition in 2006 under Hooda’s orders and instead of handing over possession of the released land, plot no 190 was allotted to Prashar in exchange of the released land by HUDA.

The high court bench headed by justice MM Kumar and justice Rajesh Bindal had commented in 2010, “…it is a case where a senior functionary of the government (RN Prashar) had been able to give a complete go-by to the provisions of the Act (Land Acquisition Act) by successfully saving the land owned by him from acquisition ever since 1981. The provisions of the Act were swept under the carpet to satisfy his luxurious needs …for construction of his palatial house.”

The high court had even remarked, “The state is trustee of the people. If by violating the Act and the rules, some benefit is granted to someone favourite the court can always step in, as it was not a bounty, which was being distributed by the state.”

Prashar filed an appeal, which was rejected by SC last year in February.

Who is RN Prashar
Prashar retired in 2009 as financial commissioner and principal secretary to the Haryana government irrigation department. After retirement, he was re-employed as the principal advisor to the Haryana chief minister for a year. He took over as the chairman of HERC on January 4, 2012.

 

 

 

 

 

 

 

 

Action against Kasab after SC judgment: Chidambaram

http://www.dnaindia.com/mumbai/report_action-against-kasab-after-sc-judgment-chidambaram_1683702

Published: Wednesday, May 2, 2012, 19:15 IST
Place: New Delhi | Agency: PTI

Under attack in Parliament over delay in implementing the death sentence of Mumbai attack convict Ajmal Kasab, Home Minister P Chidambaram on Wednesday said action would be taken against him after the Supreme Court gives its decision on his appeal.

“We must decide as a nation are we committed for the rule of law,” Chidambaram said when Shiv Sena member Anandrao Adsul raised the issue of delay in hanging Kasab.

If the nation was committed to the rule of law, then Kasab has to be allowed a fair trial, an appeal and a further appeal to plead his case, he said.

“Kasab’s appeal is pending before the Supreme Court. When the judgment is delivered we can take action,” Chidambaram said.

Supriya Sule (NCP) said people of Mumbai were anguished to see Kasab day in and day out in their midst and India needed to send a strong message to the world that it had zero tolerance for terrorism.

 

 

 

 

 

 

 

 

Kidney racket: Court frames charges against kingpin

http://zeenews.india.com/news/delhi/kidney-racket-court-frames-charges-against-kingpin_772947.html

Last Updated: Thursday, May 03, 2012, 00:02

New Delhi: Amit Kumar, the alleged kingpin of an international kidney racket that came to light in 2008, has been put on trial by a Delhi court for allegedly violating foreign exchange act and stashing black money abroad.

District Judge P S Teji paved the way for the trial of Amit Kumar by framing charges against him saying the Enforcement Directorate has brought sufficient material to show that properties acquired by him were the proceeds of crime, kidney transplant racket, as defined under the provisions of the Prevention of Money Laundering (PML) Act.

“A prima facie charge under section 3 punishable under section 4 of PML Act is made out against accused Amit Kumar. Accordingly, charges under sections of PML Act against accused Amit Kumar framed…,” the court said.

It framed charges under the PML Act after Amit, who is lodged in Ambala Jail, pleaded not guilty and claimed trial.

It said there is material on record to show that Amit along with his other associates was actively involved in illegal kidney transplantation and he was running a hospital where the surgeries were carried out.

“The complainant/Directorate of Enforcement has brought sufficient material on record to show that Amit along with his other associates was actively involved in illegal kidney transplantation. It has also been shown that he was running a hospital where illegal kidney transplantation was being carried out and he used to carry out surgeries along with his associates,” the judge said.

The multi-crore rupee scandal had surfaced in January 2008 when police had arrested several people for running a kidney transplant racket in Gurgaon. Amit was arrested in Nepal in February 2008.

The ED, in its charge sheet filed through Special Public Prosecutor Naveen K Matta, has said that Amit and his accomplices used to charge Rs 12 to 15 lakh on average from the native organ recipients and USD 25,000 to USD 30,000 from foreign clients. The ED accused them of stashing an undisclosed amount in foreign banks.

The court has also framed charges against other accused, Amit’s brother Jeevan Kumar, his three aides Raghuvinder Singh, Rajiv Chanana and Sanjay Gupta for the same offences.

Alleging that a substantial portion of illegally earned money of accused has been invested in movable and immovable properties abroad, the ED has said that it has also managed to attach their properties in Australia in June last year.

ED said Amit along with Jeevan Kumar hatched a criminal conspiracy with other accomplices and by alluring innocent poor people, they fraudulently removed their kidneys through surgical operations which were given to recipients for a huge monetary consideration.

Framing charges against Amit, the court said there was prima facie evidence that he used to perform illegal kidney surgeries on the victims arranged by his associates.

“It has also been shown that accused was not a qualified surgeon to carry out such surgeries. It has also been shown that by his said illegal activities, accused committed scheduled offences as mentioned in PML Act and the properties acquired by him are the proceeds of crime as defined under section 2(u) of PML Act,” the judge said.

The court refused to accept the contention of Amit’s counsel that he should be discharged in the case as he cannot be tried and punished twice for the same offences.

The counsel had argued that a charge sheet against Amit has already been filed in Ambala court under the provisions of the Transplantation of Human Organs Act and the IPC whereas in the present case, he was also being tried with relation to similar offences.

“There is no force in the contention of the counsel for accused as offences of the present case are different than the case pending in Ambala court…. In the present case Amit has been sent to face trial for acquiring movable and immovable assets as proceeds of crime committed under Transplantation of Human Organs Act and for offence punishable under the Indian Penal Code,” the judge said.

The court would begin recording of prosecution evidence from May 23, the next date of hearing.

 

 

 

 

 

 

 

 

 

citybriefs:

http://www.indianexpress.com/news/citybriefs-associate-vp-of-firm-kills-self-in-gurgaon/944632/0

Express news service : Thu May 03 2012, 01:44 hrs

Court orders probe against three cops

NEW DELHI: A Sessions court has ordered a probe against three police officials, including an Additional Commissioner of Police, for wrongly filing a closure report in a case where an 82-year-old NRI had been cheated. The court noted that the closure report in the case had been filed in a court other than the one in which it had been lodged, and the complainant was not even notified about it. The three police officials against whom the vigilance probe was ordered included Paharganj ACP Raja Ram Yadav, Desh Bandhu Gupta Road police SHO Inspector Jagbir Singh and Sub Inspector-cum-IO Prakash Roy, who was investigating the case.

CIC get tough on boards showing local works

http://www.hindustantimes.com/India-news/NewDelhi/CIC-get-tough-on-boards-showing-local-works/Article1-849751.aspx

Nivedita Khandekar, Hindustan Times
New Delhi, May 03, 2012

The Central Information Commission (CIC) has indicated strict action would be taken against civic officials failing to put up boards in each wards displaying works carried out under councillors’ local area development (LAD) funds.
The CIC had last time given time till May for erecting proper boards in each wards and a subsequent compliance report by May 10.

Information Commissioner Shailesh Gandhi had on February 2011 ordered installation of boards displaying works taken under elected representatives’ LAD funds. A joint inspection of boards in various wards by citizens, CIC officials and MCD representatives revealed several lacunae in the boards, with some even missing. Almost 35-odd civic officials had gathered at Gandhi’s office for the hearing in April.

Even as the IC appreciated four officials for best boards in prescribed manners, he issued a stern warning for those who failed to do the job. “The MCD officials themselves then committed to a deadline of May 1 and agreed to a penalty if the boards are not erected,” said Gandhi.

However, post-municipal elections, the transition to trifurcation has led to a delay in works.

“Trifurcation has got nothing to do with implementation of the order regarding boards. If any citizens lodge complaint/s about the non-compliance, strict action would be taken,” Gandhi said.

Gandhi’s original order — on a complaint lodged by Anjali Bhardwaj and 317 others from Satark Nagarik Sangathan — on boards also included display of works taken under LAD funds for MLAs. The status of those boards too is not satisfactory. “We are also carrying out similar audit for boards for MLA fund works,” said Bhardwaj. 

 

 

 

 

 

 

 

 

 

HC issues notices on Kumaraswamy’s plea for quashing case

http://ibnlive.in.com/generalnewsfeed/news/hc-issues-notices-on-kumaraswamys-plea-for-quashing-case/993504.html

PTI | 08:05 PM,May 02,2012

Bangalore, May 2 (PTI) Karnataka High Court today ordered issue of notice to Lokayukta police on a petition filed by former Chief Minister H D Kumraswamy seeking quashing of an alleged land scam case filed against him in the Lokayukta court. Justice Anand Byrareddy ordered issue of notices to the respondents, including Mahadevaswamy, on whose private complaint the Lokayukta Court initiated the proceedings. On April 21, the Lokayukta Court had ordered issue of summons to Kumaraswamy and others on the private complaint which alleged he violated rules in ordering denotification of 3.8 acres of land in Thanisandra acquired for formation of a layout. The court had directed Kumaraswamy to appear before it on May 21. Kumaraswamy’s counsel Hazmath Pasha submitted that the land was denotified to the landlords on compassionate grounds as their father, a well-known surgeon had rendered yeomen service. He alleged that the complaint was “politically motivated” filed at the instance rival party BJP and the complainant Mahadevaswamy is a BJP activist. PTI BH MSR VS

 

 

 

 

 

 

 

 

 

Fake encounter case: J-K HC adjourns hearing till May 10

http://www.indianexpress.com/news/Fake-encounter-case–J-K-HC-adjourns-hearing-till-May-10/944406/

Agencies : Wed May 02 2012, 17:25 hrs

The Jammu and Kashmir High Court today adjourned till next week the hearing of the alleged fake encounter case involving Lt General Bikram Singh, the designate Army Chief.

Justice Mansoor Ahmad Mir adjourned the case till May 10 after hearing the counsels for Defence ministry and the state government.

Earlier, the state government counsel informed the Court that the objections filed by Senior Superintendent of Police Anantnag in the case be taken on board as that of the state government as well.

Police and Defence ministry had already submitted their objections to the petition filed by Zaituna, who has alleged that her son Abdullah Bhat, a resident of Macchil in Kupwara district, was killed in a fake encounter at Anantnag town in March 2001 and later branded as a Pakistani militant ‘Mateen Chacha’.

According to the objections filed by the defence ministry, Lt Gen Singh, who was then a brigadier commanding the 1 Sector Rashtriya Rifles in south Kashmir, was returning to Anantnag after visiting various army units.

Later, when the army convoy stopped at Janglat Mandi in Anantnag, a militant disguised as a beggar opened indiscriminate fire upon the armymen.

While Colonel J P Janu and Rifleman Ganesh Kumar were killed, Gen Singh and another officer were injured in the attack. The assailant and two civilians were also killed in the incident.

 

 

 

 

 

 

 

 

 

HC asks Delhi govt to appoint prosecutor in Mirchpur case

http://ibnlive.in.com/generalnewsfeed/news/hc-asks-delhi-govt-to-appoint-prosecutor-in-mirchpur-case/993423.html

PTI | 06:05 PM,May 02,2012

New Delhi, May 2 (PTI) The Delhi High Court today asked the city government to issue a notification for appointing a prosecutor to assist it in hearing appeals against a lower court verdict in the 2010 Mirchpur Dalits killings case. “The Delhi government is directed to ensure compliance of our earlier order and issue an appropriate notification at the earliest for appointing a public prosecutor in the case,” a bench of justices S Ravindra Bhat and S P Garg said. The direction came during the hearing a batch of appeals of some convicts who have challenged the verdict of the lower court, which last September convicted 15 of 97 undertrials, accused of burning alive a 70-year-old man and his physically challenged daughter at Mirchpur in Haryana’s Hissar district. The court was to commence hearing today on the petitions, also including a plea of the victim’s family for enhancement of punishment for the convicts. It expressed displeasure after it was told by the lawyers that they were not ready as the entire records, running into nearly 7,000 pages, have not been supplied to them. “It had already been made clear to you that the records can be supplied in the form of a CD only,” the bench said. On being told by a prosecutor that the Delhi government, so far, has not issued a notification for appointing a state lawyer in the case, Justice Bhat directed that a decision on the issue be taken “at the earliest”. The court, however, did not issue a direction to appear to the Home Secretary, Haryana as sought by the prosecutor on the ground that the cooperation was needed as Delhi Government is pursuing the case relating to the offence which took place at Haryana. (More)

 

 

 

 

 

 

 

 

 

HC blast: magistrate records accused’ statement in-camera

http://ibnlive.in.com/generalnewsfeed/news/hc-blast-magistrate-records-accused-statement-incamera/993508.html

PTI | 08:05 PM,May 02,2012

New Delhi, May 2 (PTI) Amir Abbas Dev, a key accused in the terror attack at the Delhi High Court reception last year, today recorded his statement in-camera before a magistrate here in connection with the case. Dev, chargesheeted by National Investigation Agency (NIA) for his alleged role in the bomb explosion at the high court’s reception on September 7, 2011, recorded his statement before an Additional Chief Metropolitan Magistrate (ACMM) in Patiala House Court complex. According to court sources, Dev’s statement was recorded following his request District Judge H S Sharma that his statement under section 164 of the CrPC should be recorded. A magistrate had earlier also recorded Dev’s statement under section 164 of the CrPC. The statements recorded by a magistrate under section 164 of the CrPC binds a person and any deviation from it during the trial would make him liable for prosecution for offence of perjury. Earlier, Dev had moved an application before the court saying he is willing to turn approver in the case. According to the sources, the court would hear arguments on his application on May 9. NIA had filed its chargesheet against six persons including three arrested accused Wasim Akram Malik, Amir Abbas Dev and a minor, besides three others Amir Kamal, Junaid Akram Malik and Shakir Hussain Seikh alias Chota Hafiz who are alleged members of banned terror outfit Hizb-ul Mujahideen and are evading arrest. (More)

 

 

 

 

 

 

 

HC orders segregation of delinquent juveniles in prisons

http://ibnlive.in.com/generalnewsfeed/news/hc-orders-segregation-of-delinquent-juveniles-in-prisons/993540.html

PTI | 08:05 PM,May 02,2012

New Delhi, May 2 (PTI) The Delhi High Court today asked Tihar jail authorities and others concerned to ensure that delinquent juveniles are kept in separate wards and not with adult undertrials and convicts in jails here. A bench of Acting Chief Justice A K Sikri and Rajiv Sahai Endlaw said that juveniles cannot be kept with adult accused and convicts inside prisons. The court, meanwhile, was informed that over 500 juveniles are kept along with adult inmates. “Around 392 juveniles are kept in jail number seven and 104 minors are there in jail number 2 and eleven minor girls are lodged in jail number 6,” a lawyer told the court. Earlier, the court had taken suo-moto cognizance of the issue after being informed by a team of National Commission for Protection of Child Rights (NCPCR) and Delhi Legal Services Authority (DLSA) that on a visit to Tihar Jail complex it was prime facie found that out of 278 prisoners who were spoken to more than 100 were juveniles. The court had expressed concern over the “startling revelation” and had said that it intended to frame guidelines to be followed by police and magistrates in cases involving minors. “This startling revelation clearly demonstrates that neither proper inquiry is being conducted by the police at the time of arresting or by the Magistrates when such prisoners are produced before these Magistrates. “Once it is found that such prisoners were juveniles, sending them to jail even for a day amounts to denial of their fundamental right and right to liberty,” the court had said. (More)

 

 

 

 

 

 

 

HC raps Raj police, asks it to produce missing mother-daughter

http://ibnlive.in.com/generalnewsfeed/news/hc-raps-raj-police-asks-it-to-produce-missing-motherdaughter/993427.html

PTI | 06:05 PM,May 02,2012

Jodhpur, May 2 (PTI) Pulling up the state police for its failure to trace a woman and her two-year-old daughter who were allegedly abducted nine months ago, the Rajasthan High Court today asked the DGP to produce them before it on 29 May, while hearing a habeas corpus plea filed by her husband. The court also ordered the DGP to put before the court details about the structure of the newly set up Civil Rights Cell by the state police to deal with such cases and also as to how it will function. According to the petition, Kamala Devi and her daughter Priyanka were allegedly abducted by one Bhala Ram. Chela Ram, husband of Kamla Devi, had filed the missing report with Sindhari (Barmer) police on 27 July, 2011. When police failed to carry out “effective action” towards searching her despite repeated requests and memorandum to the police officials and administration, Chela Ram filed a habeas corpus petition in the high court which summoned the DGP today to submit his response. The Jodhpur bench comprising justices Dinesh Maheshwari and N K Jain asked DGP Harish Meena as to “why the police did not show a will to solve such cases in general and why it has not been able to find the missing mother-daughter in nine months”. DGP Meena sought one month time to produce the mother and the daughter before the court and also apprised the court about setting up of new Civil Rights Cell with a view to deal with such cases along with those of related to women and SC/ST categories, which will be headed by an officer of the level of ADGP. The court listed the petition for hearing on May 29 and ordered the DGP to provide complete details of the mentioned cell with a direction to the ADGP of the cell to appear in the court on that day. The sensational Bhanwari Devi murder case was unravelled last year after her husband had filed a habeas corpus plea claiming that his wife had gone missing which led to a CBI probe and arrest of former minister Mahipal Maderna and Congress MLA Malkhan Singh among others.

 

 

 

 

 

 

 

HC stays proceedings against Bhatt in custodial torture case

http://ibnlive.in.com/generalnewsfeed/news/hc-stays-proceedings-against-bhatt-in-custodial-torture-case/993489.html

PTI | 07:05 PM,May 02,2012

Ahmedabad, May 2 (PTI) Gujarat High Court today stayed the proceedings against suspended IPS officer Sanjiv Bhatt in a 1990 custodial torture case. Justice A S Dave, who stayed the investigation against Bhatt, also issued notices to the state government and complainant Vijaysinh Bhatti. Next hearing will be on June 22. Bhatt approached the High Court through his lawyer I H Syed after a case was registered against him on the direction of Jamnagar court on April 21. Bhatti had filed an application before the Chief Judicial Magistrate M D Kundaliya of Jamnagar. The Magistrate asked the police to file a complaint for `wrongful restraint’, `causing hurt with dangerous weapon’ and `insult with intent to provoke breach of peace’. According to Bhatti, in November 1990, when he was 40 years old, he was taken to a police station for stepping out during a curfew. Bhatt, then an ACP, allegedly beat him up. Bhatti claims that one of his kidneys failed as a consequence. He then moved the court, but the matter remained pending. Last month, the magistrate ordered registration of complaint based on Bhatti’s allegations, and a probe by Deputy Superintendent of Police. Challenging this, Bhatt said in his petition before the High Court that when the complainant was produced before the court on January 25, 1990 after his arrest, he did not make any complaint about mistreatment, and was released on bail. The complainant did not act for more than 21 years after filing his complaint in January 1991, Bhatt pointed out. (More)

 

 

 

 

 

 

 

 

 

 

Okhla MLA faces HC fire for running pvt zoo on DDA land

http://www.hindustantimes.com/India-news/NewDelhi/Okhla-MLA-faces-HC-fire-for-running-pvt-zoo-on-DDA-land/Article1-849750.aspx

Harish V Nair, Hindustan Times
New Delhi, May 03, 2012

The Delhi High Court on Wednesday ordered the closure of a ‘private zoo’ belonging to Okhla MLA Asif Mohammed Khan after it found that the enclosure was built on five bighas of DDA land he had encroached at Jasola village in South Delhi.
A Bench of acting Chief Justice A K Sikri and Justice R S Endlaw asked the DDA to reclaim the land and ordered an inquiry by the Lokayukta. It said “it was a serious case of encroachment by a sitting MLA”.

The court ordered surprise checks to ascertain if his collection violated provisions of the Wildlife Protection Act. The bench was hearing a petition filed by one Kamran Siddiqui, seeking action against Khan for “encroachment” and “criminal trespass”.

The zoo was a collection of exotic birds and animals – emus mini doves, masakali pigeons, turkeys, imported poultry, doves, peacocks deers and horses. Also part of the collection are parrots, 60 pigeons and buffaloes.

The order came after Delhi Government standing counsel Najmi Waziri, who produced the area demarcation report on the court’s direction, said “there was a clear encroachment” by the MLA.

Waziri said the zoo was located on three-and-a-half bighas of land Khan had encroached earlier. Waziri also said the MLA had encroached one and half bighas recently. Khan denied any encroachment and said the Wildlife Act permitted his collection of animals and birds.


Act fast against unauthorised constructions: High Court

The Delhi High Court on Wednesday slammed the MCD for the sudden sluggishness in demolition of unauthorised construction in the capital.


The Bench headed by acting chief justice A K Sikri was concerned over a flurry of PILs against unauthorised constructions. The court was worried over rising complaints of misuse of such PILs and its use for threats and extortion.

“If all the officers of the MCD did their work properly, nothing of this sort would have happened”, said the Bench. The comment came on a day when it heard two PILs against unauthorised constructions in Gautam Nagar and Rajouri Garden.

Lawyer Jyoti Singh, appearing for a builder in Gautam Nagar against whom a such a “PIL” was filed, told the court that she had a sting VCD in which father of the petitioner was asking him to pay up R 25,000 for withdrawing the “PIL” and “settle” the matter. “Such extortionist PILs needs to be stopped”, Singh said. Justice Sikri promptly asked her to submit the VCD to the court and promised a probe.

 

 

 

 

 

 

 

 

Delhi HC directs DDA to take encroached land back

http://ibnlive.in.com/news/delhi-hc-directs-dda-to-take-encroached-land-back/254236-3.html

New Delhi: The Delhi High Court on Wednesday directed the Delhi Development Authority (DDA) to take suitable actions for taking back possession of land encroached by Delhi legislator Asif Mohammad Khan for running an illegal zoo.

A division bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw hearing a public suit seeking the removal of illegal constructions on DDA land by the legislator, also referred the case to the Delhi Lokayukta to initiate appropriate enquiry in the case.

The petition filed by Kamran Siddique alleged that Khan, who represents Okhla constituency, encroached on about 5 bighas (1.25 hectare) of DDA land and was running an illegal zoo on the land.

Accepting the plea that Khan had illegally encroached the DDA land, the bench directed the director of Wildlife Preservation to carry out the inspection of the land immediately and take necessary action.

“Director, Wildlife Preservation to carry out the inspection immediately to find out the ground reality and take proper action,” the court said.

The court, going through the site map and demarcation report submitted by the counsel of Delhi government, also ordered that surprise inspection would also be carried out in future to prevent him from encroaching the land again.

“The MLA (legislator) has encroached about 5 bigha land of DDA bearing khasra no.409, village Jasola, New Delhi and he is running the illegal zoo on the encroached land,” the petition said.

Seeking registration of a criminal case against the sitting MLA on charges of criminal trespass and land grabbing, the petition added that Khan’s act was in contravention of provisions of the Prevention of Cruelty to Animals Act and Wildlife Protection Act and the court should direct the police to take action against him.

 

 

 

 

 

 

 

HC disposes of petitions against demolition orders

http://www.indianexpress.com/news/hc-disposes-of-petitions-against-demolition-orders/944683/0

Express news service : Chandigarh, Thu May 03 2012, 03:04 hrs

Refusing to interfere in a petition filed by residents of Banur challenging the demolition orders of their buildings, the Punjab and Haryana High Court has disposed of the petitions filed by the residents. The orders were passed by a division bench comprising Justice Hemant Gupta and Justice A N Jindal on three separate petitions.

The petitioners had stated that they were the owners of the land on which they had constructed residential/ business premises/ shops prior to November 22, 1995. The petitioners further stated that under the garb of a notification dated November 22, 1995, issued by the Punjab government, officers of the Banur Municipal Council had issued notices to them in May 2008, asking them to vacate their premises so that in accordance with the notification (dated November 22, 1995), the Chandigarh-Patiala Road, within the area of Banur Municipal Council, may be widened.

The petitioners had sent a reply in the shape of a legal notice. No decision was ever taken by the Banur Municipal Council.

The grievance of the petitioners is that without passing an order in pursuance to the said showcause notices, the respondents have caused a publication in the locality for demolition of the buildings. Advocate H C Arora appeared on behalf of the petitioners.

Refusing to interfere, the High Court has ruled, “Prima facie, we do not find any ground to interfere at this stage. It is suffice to state that the respondents are required to pass an order before carrying out the demolition in pursuance of the showcause notices issued. In view of the said fact, the present writ petitions are disposed of with the hope that the respondents shall not resort to demolition without passing an appropriate order in pursuance of the showcause notices issued.”

The petitions were disposed of.

 

 

 

 

 

PoWs: Centre challenges HC order to approach ICJ

http://www.indianexpress.com/news/pows-centre-challenges-hc-order-to-approach-icj/944736/0

Express news service : Ahmedabad, Thu May 03 2012, 04:59 hrs

The Central Government has challenged an order of Gujarat High Court (HC) to approach the International Court of Justice (ICJ) against Pakistan for not releasing 54 Indian Prisoners of 1971 War in breach of the Simla Agreement.

The Central Government’s counsel at HC informed this while replying to a petition that seeks direction to the Central Government to implement the HC order over the issue given in December last year.

The counsel, however, told the court that it would implement the HC order to the extent of giving retirement benefits to all the family members of those prisoners of war (PoWs).

Earlier in December last year, the HC had while acting on a petition by late General Jagjitsingh Aurora, the Indian hero of 1971 war, and other relatives of those prisoners of war stranded in Pakistani jails ordered the Central Government to approach the ICJ against Pakistan for not releasing the 54 prisoners of war in breach of Simla Agreement. The court had also ordered the central government to give retirement benefits to the families of these prisoners of war.

When nothing happened on the HC order, some of the relatives of those prisoners of war who are stranded in Pakistani jails since the 1971 war again approached the HC for the implementation of its orders given in December last year.

The petitioner came up for hearing on Wednesday. And the Central Government counsel – Mehul Vakharia — told the court that they have challenged the HC order to the extent of approaching the ICJ against Pakistan.

Vakharia also informed the court that they will be implementing the HC order on providing retirement benefits to the relatives of the prisoners of war at the earliest.

 

 

 

 

 

 

 

 

HC defers sex change plea, man threatens suicide

http://www.hindustantimes.com/India-news/NewDelhi/HC-defers-sex-change-plea-man-threatens-suicide/Article1-849510.aspx

Mumbai, May 02, 2012A 21

year-old Guwahati student Bidhan Barua, who feels he is a woman trapped in a man’s body, today threatened to commit suicide after the Bombay High Court refused to hear his petition urging for a direction to his parents to allow him undergo a sex change operation. The matter was mentioned by Barua’s lawyer Ejaz Naqvi before Justices SF Vajifdar and AR Joshi who said “we are not going to hear it today”. The judges then adjourned the petition to May 7.

Barua told reporters he had written letters to Chief Justice of India, Chief Justice of Bombay High Court and National Human Rights Commission urging them to intervene by this evening and grant him a favourable order so that he could undergo the sex change surgery or else he will commit suicide.

Bidhan Barua, who likes to call himself Swati, alleged that his parents had thwarted the sex reassignment surgery which was to be performed at Saifee hospital here on April 17. He claimed his parents threatened doctors who had refused to perform the operation unless the High Court gives a go ahead.

Barua had contended in his application that he is female trapped in a male body and wants to marry a flight lieutenant in the Indian Air Force.

In the letters to the Chief Justice of India and other authorities, Barua wrote, “I was due to undergo sex change surgery for which I left my job but my parents have blocked my bank account. I have no money to pay for the operation fees.”

“For the last two weeks, I am running from door to door seeking injustice but the court does not have time to hear me. I do not have any money for my food, lodging. So I am finally requesting the court to pass an immediate order against my family or grant me an order for an authorised suicide”.

“I will kill myself if I do not get an order for my surgery by this evening. For my suicide, the Chief Justice of the Bombay High Court will be responsible”, wrote Barua and signed it under his name.

Barua’s lawyer had told the High Court earlier that the parents of the petitioner had got his bank account frozen and were infringing upon his fundamental rights. Being a major, Barua was capable of taking decisions, such as the sex change operation, he said.

Barua contended that he realised early in life that he was born in the wrong sex and preferred to dress like girls. This angered his parents who ill-treated him and beat him up, he alleged.

Barua said it was in standard 7th that he learnt through the internet that medical science could provide a remedy to his problem through a sex change procedure and he decided to go for it. He did odd jobs after school hours to earn money for the operation which would cost him anywhere between Rs. 1.5 lakh to Rs. 3 lakh.

On March 2 this year, Barua underwent a psychiatric test in Guwahati to check whether he was fit enough to undergo such a procedure. As the result was positive, he ran away from home on March 31 and came to Mumbai where he stayed with his cousin. However, his father Supti Ranjan Barua traced him to Mumbai.

Barua, the youngest of three children in the family, said his father had threatened to kill him and his Air Force officer boyfriend if he underwent the sex reassignment procedure. He alleged that his father even threatened the doctors with dire consequences and asked them not to perform the operation.

 

 

 

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